[Rev. 2/28/2019 11:24:24 AM]
κ1969 Statutes of Nevada, Page 1401 (CHAPTER 658, AB 797)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
For the support of National defense student loans ................................................................................ $25,000 ----------
For the support of the university computer center ................................................................................ 400,554................................................................................ $422,884
Sec. 30. Department of Health, Welfare and Rehabilitation.
The following sums are hereby appropriated for the support of:
Office of the director of economic opportunity..... 9,273................................................................................ 9,350
Health division
Office of the state health officer........................ 160,000......................................................................... 160,000
Special silicosis fund.......................................... 46,601......................................................................... 46,601
Vital statistics....................................................... 95,291......................................................................... 97,579
Tuberculosis care and mobile unit.................... 386,594......................................................................... 404,679
Dental health........................................................ 99,775......................................................................... 106,973
Meat inspection................................................... 49,512......................................................................... 45,856
Environmental health.......................................... 165,740......................................................................... 173,686
Special childrens clinics.................................... 52,570......................................................................... 54,610
Bureau of health facilities................................... 38,095......................................................................... 40,547
Public health laboratory..................................... 209,212......................................................................... 205,300
Crippled childrens services and maternal, child and school health.............................................................. 329,087......................................................................... 352,728
Community health services................................ 79,087......................................................................... 77,357
Mental hygiene and mental retardation division
Central office, bureau of community services and mental health care program...................................... 418,016......................................................................... 383,253
Nevada state hospital......................................... 2,768,938......................................................................... 2,817,601
Bureau of mental retardation............................. 38,118......................................................................... 39,216
Mental retardation cottages, Las Vegas.......... 46,033......................................................................... 158,357
Mental retardation cottages, Sparks................ 38,257......................................................................... 138,053
Southern Nevada comprehensive mental health center ......................................................................... 121,099 244,152
Welfare division
Old-age assistance.............................................. 825,647......................................................................... 825,946
Aid to the blind.................................................... 96,768......................................................................... 99,648
Aid to dependent children................................. 1,253,640......................................................................... 1,441,680
Child welfare services......................................... 583,866......................................................................... 627,572
Homemaking services......................................... 31,110......................................................................... 40,846
Welfare professional education........................ 1,750......................................................................... 1,750
Medical care unit, Title XIX............................... 1,980,214......................................................................... 2,284,578
κ1969 Statutes of Nevada, Page 1402 (CHAPTER 658, AB 797)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
Intermediate care facilities.................................. $216,000......................................................................... $324,000
Public assistance and child welfare administration ......................................................................... 1,175,943......................................................................... 1,270,628
Rehabilitation division.............................................. 179,703 198,163
Services to the blind division................................... 95,068 123,837
Alcoholism division................................................... 46,195 46,110
Nevada youth training center division................... 969,447 998,918
Nevada girls training center division...................... 698,600 700,669
Childrens home division
Carson City facility.............................................. 267,529......................................................................... 273,780
Clark County facility........................................... 100,767......................................................................... 154,336
Sec. 31. Adjutant General and the Nevada National Guard.
For the support of the adjutant general and the Nevada National Guard..................................................................... 204,427................................................................................ 202,744
Sec. 32. Department of Civil Defense and Disaster Assistance.
For the support of the department of civil defense and disaster assistance............................................................. 28,944................................................................................ 28,602
Sec. 33. Nevada State Prison.
For the support of the Nevada state prison........... 2,325,646................................................................................ 2,351,212
Sec. 34. Department of Parole and Probation.
For the support of the department of parole and probation ................................................................................ 427,150 462,029
For the support of the narcotic and dangerous drug division ................................................................................ 82,528 115,351
Sec. 35. Commission on Crimes, Delinquency and Corrections.
For the support of the commission on crimes, delinquency and corrections............................................................ 5,000................................................................................ 5,000
Sec. 36. Department of Commerce.
The following sums are hereby appropriated for the support of:
Office of the director.................................................. 42,719 43,567
Insurance division..................................................... 210,470 219,912
Appropriated to the insurance division for the support of the state fire marshal..................................... 42,387......................................................................... 43,553
Banking division........................................................ 126,194 127,999
Savings and loan division........................................ 66,853 66,738
Real estate division.................................................... 140,239 134,115
κ1969 Statutes of Nevada, Page 1403 (CHAPTER 658, AB 797)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
Sec. 37. State Labor Commissioner and State Apprenticeship Council.
For the support of the labor commissioner and the state apprenticeship council........................................................... $99,216 $102,177
Sec. 38. Public Service Commission of Nevada.
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada........................................................... 180,963 185,482
The following sum is hereby appropriated from the general fund for the support of taxicab regulation............ 56,584 62,399
Sec. 39. The Office of Inspector of Mines.
For the support of the office of inspector of mines.... 86,073 82,775
Sec. 40. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Office of the director.................................................. .......................................................................... 135,308.......................................................................... 138,089
State committee on federal land laws...................... ............................................................................ 17,455............................................................................ 17,455
Division of water resources...................................... .......................................................................... 492,963.......................................................................... 488,345
California-Nevada compact commission................ ............................................................................ 30,000............................................................................ 30,000
Division of forestry.................................................... .......................................................................... 144,514.......................................................................... 128,190
Forest pest control...................................................... 5,000............................................................................. 5,000
Forest fire suppression............................................. ............................................................................ 37,500............................................................................ 37,500
Humboldt River water investigation........................ 2,972............................................................................. ----------
State soil conservation committee............................... 750............................................................................. 750
Division of state parks
Administration.................................................. ................................................................ 353,810................................................................ 342,964
Capital improvements...................................... ................................................................ 583,336................................................................... ----------
Statewide park plan.......................................... .................................................................. 24,213.................................................................. 19,354
Sec. 41. State Department of agriculture.
The following sums are hereby appropriated for the support of:
Division of plant industry......................................... .......................................................................... 325,033.......................................................................... 347,218
Livestock disease control fund................................ ............................................................................ 69,933............................................................................ 70,656
Animal disease laboratory........................................ ............................................................................ 60,910............................................................................ 59,326
κ1969 Statutes of Nevada, Page 1404 (CHAPTER 658, AB 797)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
Sec. 42. State Predatory Animal and Rodent Committee.
The following sum is hereby appropriated from the general fund for the support of the state predatory animal and rodent committee............................................................. $100,000 $100,000
The following sum is hereby appropriated from the fish and game fund for the support of the state predatory animal and rodent committee............................................................. 20,000 20,000
Sec. 43. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board......................................................................................... 2,000 2,000
Sec. 44. Advisory Mining Board.
For the support of the advisory mining board............... 800 800
Sec. 45. State Bureau of Mines.
For the support of the state bureau of mines............... 87,500 87,500
Sec. 46. Department of Motor Vehicles.
The following sum is hereby appropriated from the general fund for the support of the highway safety program 143 4,361
The following sum is hereby appropriated from the state highway fund for the support of the highway safety program 143 4,361
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles.................................................................................... 4,297,057 4,367,183
Sec. 47. State Officers Bond Premiums.
For the payment of state officers bond premiums..... 3,750 3,750
Sec. 48. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund...................................................................... 1,460,799 1,943,747
Sec. 49. State Board of Examiners.
For payment by the state board of examiners of taxes pursuant to subsection 4 of NRS 361.055, as amended by Senate Bill No. 307, 55th session of the legislature........... 100,000 100,000
κ1969 Statutes of Nevada, Page 1405 (CHAPTER 658, AB 797)κ
Sec. 50. 1. Except as provided in subsection 3, the funds herein appropriated shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years, 1969-1970 and 1970-1971, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
2. 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.
3. Pursuant to law, the moneys appropriated by sections 11 and 20 of this act for the support of the supreme court of Nevada and the legislative counsel bureau shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 51. Notwithstanding any other provisions of this act, the moneys appropriated by:
1. Section 30 of this act for tuberculosis care and operation of the mobile unit by the health division of the department of health, welfare and rehabilitation and to old-age assistance, aid to the blind, aid to dependent children, child welfare services and the Title XIX fund of the welfare division of the department of health, welfare and rehabilitation;
2. Section 40 of this act for capital improvements for the division of state parks of the state department of conservation and natural resources; and
3. Section 48 of this act to the consolidated bond interest and redemption fund,
shall be available for both fiscal years, 1969-1970, and 1970-1971, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
Sec. 52. Notwithstanding any other provisions of this act, the sum of $54,960 appropriated by section 20 of this act for the support of the legislative building shall be available for both fiscal years, 1969-1970, and 1970-1971, and may be transferred from one fiscal year to the other with the approval of the legislative commission.
Sec. 53. 1. After June 30, 1970, unexpended balances of the appropriations herein made for the fiscal year 1969-1970 shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on June 30, 1971.
2. If on September 1, 1970, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau for its support by section 20 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
κ1969 Statutes of Nevada, Page 1406 (CHAPTER 658, AB 797)κ
shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The Western Regional Higher Education Compact fund by section 28 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
Sec. 54. 1. After June 30, 1971, unexpended balances of the appropriations herein made for the fiscal year 1970-1971 shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on June 30, 1972.
2. If on September 1, 1971, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau for its support by section 20 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The Western Regional Higher Education Compact fund by section 28 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
________
Assembly Bill No. 798Committee on Ways and Means
CHAPTER 659
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1969, and ending June 30, 1970, and beginning July 1, 1970, and ending June 30, 1971; and providing other matters properly relating thereto.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1969, and ending June 30, 1970, and beginning July 1, 1970, and ending June 30, 1971, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
Fiscal Year Fiscal Year
1969-1970 1970-1971
Attorney general..................................................... $139,322...................................................................... $139,322
Department of state printing................................. 724,698...................................................................... 815,729
Department of administration
Budget division.......................................... 17,443 16,482
Record services................................ 81,648................................................... 56,373
Insurance premium revolving fund......... 230,234 230,234
κ1969 Statutes of Nevada, Page 1407 (CHAPTER 659, AB 798)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
Buildings and grounds division.............. $873,111 $920,045
Statewide leases............................... 103,668................................................... 103,668
Marlette Lake water system............ 33,795................................................... 34,376
Motor pool.................................................. 249,791 252,038
General services working capital fund.... 637,085 660,783
Purchasing division................................... 257,480 258,092
Surplus property section................. 44,019................................................... 44,019
Personnel division..................................... 323,656 330,188
Central data processing division............. 326,216 327,032
Accounting division.................................. 48,354 50,141
District judges travel............................................. 400...................................................................... 400
State planning board
Urban planning........................................... 50,656 49,881
Nevada tax commission......................................... 57,600...................................................................... 58,650
State department of education
Administration............................................ 407,257 415,361
Training of teachers of handicapped children 55,059.............................................. 60,111
Fleischmann scholarships........................ 194,454 200,186
National Defense Education Act............. 60,000 60,000
Indian education........................................ 136,100 136,400
Western states small schools project..... 307,100 295,771
Elementary and Secondary Education Act
Title I......................................... 963,372......................................... 963,372
Title II....................................... 80,000......................................... 80,000
Title III...................................... 520,000......................................... 520,000
Title VI...................................... 100,000......................................... 100,000
Vocational education................................. 565,650 565,650
Manpower development and training..... 322,425 322,425
Adult basic education............................... 130,050 135,050
Nevada historical society...................................... 3,000...................................................................... 3,000
State library.............................................................. 146,789...................................................................... 146,789
Library construction-federal..................... 100,000 100,000
State institution of library service........... 24,995 24,995
Physically handicapped library services 4,010 4,010
Library cooperation................................... 139,300 142,995
Library cooperative revolving book fund 280,000............................................ 500,000
Library services to the aging.................... 6,000 5,000
Western Regional Higher Education Compact.. 28,159...................................................................... ----------
University of Nevada
University of Nevada, Reno, campus instruction 2,619,700......................................... 2,772,200
κ1969 Statutes of Nevada, Page 1408 (CHAPTER 659, AB 798)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
University of Nevada, Las Vegas, campus instruction $1,293,800....................................... $1,553,150
Department of health, welfare and rehabilitation
Office of the director.................................. 76,099 78,129
Office of the director of economic opportunity 37,086.............................................. 37,400
Health division
Comprehensive health planning.... 63,255................................................... 65,170
Tuberculosis followup..................... 140,378................................................... 143,672
Special childrens clinic................... 84,732................................................... 84,732
Venereal disease special project.... 19,262................................................... 19,532
Bureau of health facilities................ 51,998................................................... 51,998
Public health laboratory.................. 24,951................................................... 24,951
Office of the state health officer..... 218,567................................................... 233,567
Environmental health....................... 82,464................................................... 82,464
Community health services............. 235,645................................................... 235,645
Dental health..................................... 58,936................................................... 58,936
Meat inspection................................ 49,513................................................... 45,857
Crippled childrens services and maternal, child and school health................... 356,200................................................... 361,200
Mental hygiene and mental retardation division 65,000.............................................. 65,000
Nevada state hospital...................... 273,000................................................... 273,000
In-service education (mentally ill) ......................................... 25,000 25,000
Intensive treatment and followup program ......................................... 100,000 100,000
In-service training (mentally retarded) ......................................... 19,224 19,224
Southern Nevada comprehensive mental health center........................................ 59,489................................................... 192,550
Welfare division
Old-age assistance........................... 1,656,615................................................... 1,657,212
Aid to the blind................................. 100,800................................................... 103,800
Aid to dependent children.............. 2,758,008................................................... 3,171,696
Child welfare services...................... 220,734................................................... 236,868
United States Indian services......... 279,975................................................... 267,191
Homemaking services...................... 88,067................................................... 115,436
Welfare professional education..... 19,250................................................... 26,250
Medical care unit, Title XIX............ 5,557,545................................................... 5,899,472
Intermediate care facilities............... 144,000................................................... 216,000
Public assistance and child welfare administration................................................... 1,394,712................................................... 1,511,389
κ1969 Statutes of Nevada, Page 1409 (CHAPTER 659, AB 798)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
Rehabilitation division
Vocational rehabilitation................. $1,071,000................................................... $1,081,000
OASI disability determinations...... 140,541................................................... 148,490
Services to the blind division................... 145,613 126,500
Nevada youth training center division... 12,000 12,000
Nevada girls training center division...... 4,000 4,000
Counseling enrichment.......... 11,162......................................... 11,162
Childrens home division
Carson City facility................. 1,000......................................... 1,000
Adjutant general and the Nevada National Guard ...................................................................... 127,963...................................................................... 127,963
Department of civil defense and disaster assistance ...................................................................... 27,818 28,289
RADEF maintenance shop....................... 37,566 38,656
Community shelter planning program..... 20,924 21,677
Nevada state prison............................................... 76,800...................................................................... 80,000
Commission on crimes, delinquency and corrections ...................................................................... 229,547...................................................................... 229,707
Nevada racing commission................................... 6,395...................................................................... 6,420
Public service commission of Nevada................. 318,952...................................................................... 327,690
Taxicab regulation...................................... 68,375 62,875
Nevada athletic commission................................. 21,963...................................................................... 21,963
Hoisting engineers examining board................... 865...................................................................... 865
State department of conservation and natural resources ...................................................................... 5,800 5,800
Division of oil and gas conservation...... 3,400 3,400
Division of forestry.................................... 301,500 306,000
Forest fire suppression.................... 35,000................................................... 35,000
Forest pest control........................... 10,000................................................... 10,000
Forest and watershed rehabilitation ................................................... 5,000 5,000
Nevada conservation honor camp. 6,000................................................... 6,000
Humboldt River water investigation....... 2,500 2,500
Division of state parks.............................. 40,000 40,000
Capital improvements...................... 493,461................................................... ----------
Statewide park plan.......................... 24,215................................................... 19,356
Marina development........................ 70,000................................................... 70,000
State board of fish and game commissioners (or its successor)................................................... 1,843,881...................................................................... 2,265,000
Nevada state dairy commission............................ 165,745...................................................................... 168,910
Colorado River commission of Nevada............... 169,644...................................................................... 170,430
κ1969 Statutes of Nevada, Page 1410 (CHAPTER 659, AB 798)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
Colorado River-water treatment plant..... ---------- $252,000
Colorado River water treatment facilities-state $6,462,500....................................... 1,885,200
State department of agriculture
Division of plant industry......................... 21,450 21,450
Agriculture registration and enforcement fund 29,079.............................................. 28,454
Livestock inspection fund........................ 166,045 166,953
Apiary inspection...................................... 9,191 9,288
State board of sheep commissioners................... 15,600...................................................................... 15,600
State woolgrowers predatory animal committee ...................................................................... 39,547 39,547
Department of highways....................................... 57,500,000...................................................................... 60,000,000
Highway safety program........................... 86,445 79,827
Employment security department......................... 4,432,566...................................................................... 4,761,233
OASI administration.................................. 3,200 3,500
Public employees retirement board..................... 153,900...................................................................... 140,687
Professional and vocational boards and commissions
Private investigators licensing board.... 5,190 5,322
Nevada state board of public accountants 15,260.............................................. 16,200
State board of architecture....................... 16,500 17,790
State barbers health and sanitation board 16,775.............................................. 16,775
State board of pharmacy........................... 45,000 45,000
State board of physical therapy examiners 500................................................... 500
Board of psychological examiners........... 500 500
State board of veterinary medical examiners 3,050................................................ 3,050
Board of registration for public health sanitarians 505................................................... 505
Nevada liquefied petroleum gas board... 15,200 15,200
Board of medical examiners of the State of Nevada 24,350.............................................. 25,480
Nevada state board of examiners in optometry 3,250................................................ 3,750
State board of osteopathy........................ 500 500
State board of nursing............................... 33,975 33,790
Board of dental examiners of Nevada..... 11,010 11,010
Board of dispensing opticians................. 550 550
State board of registered professional engineers 28,000.............................................. 28,500
State board of funeral directors and embalmers 4,650................................................ 4,650
κ1969 Statutes of Nevada, Page 1411 (CHAPTER 659, AB 798)κ
Fiscal Year Fiscal Year
1969-1970 1970-1971
State board of examiners in the basic sciences $5,500.............................................. $5,500
State board of podiatry............................. 232 232
Nevada state board of chiropractic examiners 8,650................................................ 8,650
State contractors board........................... 160,000 160,000
State board of cosmetology..................... 33,000 34,000
Sec. 2. 1. Expenditures of $258,725 by the Nevada gaming commission and $1,087,079 by the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1969, and ending June 30, 1970.
2. Expenditures of $277,412 by the Nevada gaming commission and $1,097,824 by the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.
Sec. 3. The funds authorized to be expended by the provisions of sections 1 and 2 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1 and 2 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.
Sec. 5. Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund as well as by funds received from other sources, the portion provided by appropriation from the general fund shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipt of such funds to be received from other sources.
Sec. 6. 1. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $581,122 for the University of Nevada experiment station and $425,753 for the University of Nevada extension division from federal and county subvention and sales not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1969, and ending June 30, 1970.
2. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $590,787 for the University of Nevada experiment station and $437,118 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.
κ1969 Statutes of Nevada, Page 1412 (CHAPTER 659, AB 798)κ
in section 1, expenditure of $590,787 for the University of Nevada experiment station and $437,118 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.
3. The funds authorized to be expended in subsections 1 and 2 of this section shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. The chief of the budget division of the department of administration may authorize augmentation of the amounts authorized for expenditure by subsections 1 and 2 of this section in the amount of any funds which he estimates will be received by the University of Nevada from federal or county subventions or sales but shall not reduce the amount so authorized.
________
Senate Bill No. 275Senators Bunker and Dodge
CHAPTER 660
AN ACT relating to the legislative counsel bureau; increasing the regular and alternate membership of the legislative commission; and providing other matters properly relating thereto.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.660 is hereby amended to read as follows:
218.660 1. There is hereby created in the legislative counsel bureau a legislative commission consisting of [eight] 12 members.
2. At each regular session of the legislature held in odd-numbered years, the senate shall, by resolution, designate [four] six senators as regular members of the legislative commission, and the assembly shall, by resolution, designate [four] six assemblymen as regular members of the legislative commission. Of the aforesaid membership there shall be [two] three senators and [two] three assemblymen from each party in the houses.
3. In addition to the members designated in subsection 2:
(a) The senate shall, by resolution, designate [four] six senators, [two] three from each party, as first alternate members, [and] second alternate members [.] and third alternate members.
(b) The assembly shall, by resolution, designate [four] six assemblymen, [two] three from each party, as [first alternate members and second] alternate members.
4. A vacancy in the regular senate membership created by death or resignation or by the senator ceasing to be a member of the senate shall be filled, first by the proper first alternate member of the same party in the [same house,] senate, and second, if there is no first alternate member, then by the proper second alternate member of the same party in the [same house. 5.] senate, and third, if there is no second alternate member, then by the proper third alternate member of the same party in the senate.
κ1969 Statutes of Nevada, Page 1413 (CHAPTER 660, SB 275)κ
senate. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing a [member of the legislature of the same party in the same house.] senator of the same party.
5. A vacancy in the regular assembly membership created by death or resignation or by the assemblyman ceasing to be a member of the assembly shall be filled by the legislative commission appointing an alternate assembly member of the same party. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing an assemblyman of the same party.
6. The members shall serve until their successors are appointed as provided in this section, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in [subsection 4.] subsections 4 and 5.
Sec. 2. NRS 218.670 is hereby amended to read as follows:
218.670 1. The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The director of the legislative counsel bureau shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. [Five] Seven members of the commission shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the commission.
2. If any regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall notify the proper alternate member. Such alternate member may then replace the regular member at that meeting only with all the duties, rights and privileges of the replaced member.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 364Committee on Federal, State and Local Governments
CHAPTER 661
AN ACT concerning local improvement districts; amending provisions of the Consolidated Local Improvements Law and the County Improvements Law relating to required notices for hearings when the provisional order method is employed to acquire projects; and providing other matters properly relating thereto.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 271.305 is hereby amended to read as follows:
271.305 1. In the provisional order the governing body shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
κ1969 Statutes of Nevada, Page 1414 (CHAPTER 661, SB 364)κ
the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
2. Notice shall be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication shall be by affidavit of the publisher.
4. Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the municipality until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice shall describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the governing body will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk of the municipality at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
κ1969 Statutes of Nevada, Page 1415 (CHAPTER 661, SB 364)κ
apportioned thereto shall be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:
(1) Except in case the municipality shall pay one-half or more of the total cost of any project other than a park project as defined in NRS 271.160 with funds derived from other than the levy of assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street [,] or between improvements already made to intersecting streets, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.
8. Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 unless either or both exceptions are determined by the governing body to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time prior to the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
Sec. 2. NRS 244.873 is hereby amended to read as follows:
244.873 1. In the provisional order the board shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
κ1969 Statutes of Nevada, Page 1416 (CHAPTER 661, SB 364)κ
board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered.
2. Notice shall be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication shall be affidavit of the publisher.
4. Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the county until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice shall describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the board will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
κ1969 Statutes of Nevada, Page 1417 (CHAPTER 661, SB 364)κ
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the board shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:
(1) Except in case the county shall pay one-half or more of the total cost of any project other than a park project as defined in NRS 244.844 with funds derived from other than the levy of assessments: or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street [,] or between improvements already made to intersecting streets, in which case the board may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the board in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.
8. Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2), of paragraph (b) of subsection 7, unless either or both exceptions are determined by the board to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the board at any time prior to the passage of the ordinance adopted pursuant to NRS 244.877, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 1418κ
Senate Bill No. 509Committee on Commerce
CHAPTER 662
AN ACT relating to the hospitalization of the mentally ill; providing for the adjustment of the rate determination for their care and for the disposition of personal property of persons so hospitalized; providing for the elimination of bonding requirements of hospital employees; and providing other matters properly relating thereto.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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, if such persons are committed to the hospital, or the chief, if such persons are committed to the mental health center, and shall be payable monthly in advance. [In determining the rate to be charged the superintendent or the chief shall consider the actual cost of a patients care and the ability of a patient to pay.] The rate shall approximate the actual per diem cost per patient, for the class of patient care provided, for the previous fiscal year.
2. The cost of transportation to the hospital or mental health center 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 or chief 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 or chief may be appealed to and reviewed by the administrator of the division. After review, the administrator may modify the determination of the superintendent or chief.
6. Cost of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital or mental health center 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 or mental health center.
Sec. 2. NRS 433.450 is hereby amended to read as follows:
433.450 1. When the total value of personal property of a committed person does not exceed $300 and requires safekeeping, the superintendent or chief, as the case may be, is authorized to receive it. The superintendent or chief may remove or cause to be removed such personal property from wherever located to a place of safekeeping for the benefit of the committed person, and the expense of removal and safekeeping shall be paid from funds to the credit of the committed person or from funds appropriated for the support of the hospital or the mental health center, as the case may be.
κ1969 Statutes of Nevada, Page 1419 (CHAPTER 662, SB 509)κ
2. Such property may be sold at any time after 1 year of safekeeping when it is determined that the committed person is incurably ill or that he will be required to remain at the hospital or the mental health center for an extended period of time. Such property may be sold, if not recovered by a patient or his legal representative, within 1 year of his discharge or decease. The sale price in each case shall be not less than 10 percent below the [value determined by a qualified appraiser appointed by the administrator of the division.] total value of such property where the total value is estimated to be $100 or more. Where the total value is estimated at $100 or more, a qualified appraiser shall be appointed by the superintendent or chief to determine such value. Where relatives of the kinship mentioned in NRS 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of [this act] chapter 569, Statutes of Nevada 1969 are known, they shall be advised of a pending sale of the property and shall be given the first opportunity to purchase the property. Moneys realized from sales shall be deposited at the hospital or mental health center in the same manner as other personal credits of committed persons are made.
Sec. 3. This act shall become effective at 12:03 a.m. on July 1, 1969.
________
Senate Bill No. 516Committee on Taxation
CHAPTER 663
AN ACT relating to motor vehicle fuel taxes; permitting counties to pledge such taxes and increasing the rate of county motor vehicle fuel taxes; and providing other matters properly relating thereto.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.550 is hereby amended to read as follows:
365.550 1. The receipts of the tax as levied in NRS 365.180 shall be allocated monthly by the tax commission to the counties upon the following formula:
(a) One-fourth in proportion to total area.
(b) One-fourth in proportion to population, according to the latest available federal census.
(c) One-fourth in proportion to road mileage and street mileage (non-federal aid primary roads).
(d) One-fourth in proportion to vehicle miles of travel on roads (non-federal aid primary roads).
2. The amount due the counties under the formula shall be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties, and the state treasurer shall pay the same out of the proceeds of the tax levied in NRS 365.180.
3. Moneys received by the counties by reason of the provisions of this section shall be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.
κ1969 Statutes of Nevada, Page 1420 (CHAPTER 663, SB 516)κ
equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.
4. The formula computations shall be made as of July 1 of each year by the tax commission, based on estimates which shall be furnished by the department of highways. The determination so made by the tax commission shall be conclusive.
Sec. 2. NRS 365.560 is hereby amended to read as follows:
365.560 1. The receipts of the tax as levied in NRS 365.190 shall be allocated monthly by the tax commission to the counties in which the tax payment originates. All receipts of such tax originating in Carson City shall be allocated monthly to Carson City.
2. Such receipts shall be apportioned between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of such towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.
3. All such money so apportioned to a county or Carson City shall be expended by the county or Carson City solely for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of the public highways of the county or Carson City and for the purchase of equipment for such work, and shall not be used to defray the expenses of administration.
4. All such money so apportioned to towns or incorporated cities shall be expended only upon the streets, alleys and public highways of such town or city, other than state highways, under the direction and control of the governing body of the town or city.
Sec. 3. NRS 373.070 is hereby amended to read as follows:
373.070 Any motor vehicle fuel tax ordinance enacted under this chapter shall include provisions in substance as follows:
1. A provision imposing an additional excise tax of 1 cent per gallon or 2 cents per gallon, as the board may determine at any time or from time to time, on all motor vehicle fuel sold in the county, which tax shall be in addition to other motor vehicle fuel taxes imposed under the provisions of chapter 365 of NRS.
2. Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency shall be substituted for that of the state and that an additional drivers license shall not be required.
3. A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, shall automatically become a part of the motor vehicle fuel tax ordinance of the county.
4. A provision that the county shall contract prior to the effective date of the county motor vehicle fuel tax ordinance with the Nevada tax commission to perform all functions incident to the administration or operation of the motor vehicle fuel tax ordinance of the county.
Sec. 4. Chapter 373 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1969 Statutes of Nevada, Page 1421 (CHAPTER 663, SB 516)κ
Any ordinance amending the motor vehicle fuel tax ordinance shall include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 373.070 by a contract made between the county and the state acting by and through the Nevada tax commission prior to the effective date of such amendatory ordinance, unless the county determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.
Sec. 5. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Senate Bill No. 549Committee on Finance
CHAPTER 664
AN ACT making appropriations from the general fund in the state treasury for the support of the Nevada tax commission; and providing other matters properly relating thereto.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury for the support of the Nevada tax commission the sum of $36,800.
Sec. 2. There is hereby appropriated from the general fund in the state treasury for the support of the Nevada tax commission:
1. For the fiscal year commencing July 1, 1969, and ending June 30, 1970, the sum of $47,319.
2. For the fiscal year commencing July 1, 1970, and ending June 30, 1971, the sum of $59,453.
Sec. 3. 1. The moneys appropriated by sections 1 and 2 of this act shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for separate fiscal years as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
2. 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.
3. The moneys appropriated by section 1 of this act shall not revert to the general fund in the state treasury.
4. After June 30, 1970, any unexpended balance of the appropriation made by subsection 1 of section 2 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1971.
κ1969 Statutes of Nevada, Page 1422 (CHAPTER 664, SB 549)κ
5. After June 30, 1971, any unexpended balance of the appropriation made by subsection 2 of section 2 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1972.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 386Senator Fransway
CHAPTER 665
AN ACT exempting the property of water users nonprofit associations and cooperative corporations from taxation.
[Approved April 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All real and personal property of a water users nonprofit association or of a water users nonprofit cooperative corporation within the State of Nevada is exempt from taxation, but such property shall be taxed when it is used for any purpose other than carrying out the legitimate functions of such nonprofit association or of a water users nonprofit cooperative corporation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 273Committee on Education
CHAPTER 666
AN ACT relating to the University of Nevada; providing for a chancellor and two presidents, providing for a secretary of the board of regents; providing for certain name changes; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable, deputy constable or police officer.
κ1969 Statutes of Nevada, Page 1423 (CHAPTER 666, SB 273)κ
(d) Any physician, dentist, graduate nurse or registered pharmacist.
(e) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(f) Any mail carrier engaged in the actual carrying of the United States mail on a star route in a rural area.
(g) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada [,] System, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.
(h) Any officer or correctional officer employed by the Nevada state prison.
(i) Any member or employee of the legislature or the legislative counsel bureau while the legislature is in session.
2. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
Sec. 2. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department; and
12. The state fire marshal and his deputies.
Sec. 3. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications shall be filed with the superintendent of state printing.
κ1969 Statutes of Nevada, Page 1424 (CHAPTER 666, SB 273)κ
He shall print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements.
2. No complete set of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of state printing, nor shall more than two copies of any single bill or other legislative publication be distributed free to any person, office or organization, except to:
(a) Members of the legislature.
(b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.
(c) The legislative counsel bureau.
(d) Offices of all elected state, county, township, school and municipal officials.
(e) Offices of all state agencies and departments.
(f) Justices and the clerk of the supreme court.
(g) Judges and clerks of the district courts.
(h) The Library of Congress.
(i) County and city libraries and [the library] libraries of the University of Nevada [.] System.
(j) Accredited members of the press.
3. The superintendent of state printing shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the state printing fund.
4. The costs of such distributions, including postage, shall be paid from the legislative fund.
Sec. 4. NRS 233C.070 is hereby amended to read as follows:
233C.070 1. The executive board of the council shall consist of six members elected by and from the members of the council and the following ex officio, nonvoting members:
(a) A representative from the office of the governor.
(b) The [chancellor,] president, or his representative, of the University of Nevada [.] , Reno.
(c) The [chancellor,] president, or his representative, of [Nevada Southern University.] the University of Nevada, Las Vegas.
2. The executive board shall elect from its membership a chairman, who shall be chief executive officer of the board and the council, a vice chairman and a secretary-treasurer.
3. All executive board members shall serve for a term of 4 years and any vacancies that occur on the board shall be filled by election by and from the members of the council for the remainder of the unexpired term.
Sec. 5. 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)
κ1969 Statutes of Nevada, Page 1425 (CHAPTER 666, SB 273)κ
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 System 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. 6. (Deleted by amendment.)
Sec. 7. 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 System 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 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.
κ1969 Statutes of Nevada, Page 1426 (CHAPTER 666, SB 273)κ
5. Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.
Sec. 8. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees in the executive department of the state government as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in such department, agency or institution.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. All employees other than clerical in the office of the attorney general required by law to be appointed by the attorney general.
6. Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada [,] System, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the chief in carrying out the provisions of this chapter applicable to the University of Nevada.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.
9. Patient and inmate help in state charitable, penal, mental and correctional institutions.
10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative or substantially recurring duties.
11. Such other officers and employees as are authorized by law to be employed in the unclassified service.
Sec. 9. NRS 284.345 is hereby amended to read as follows:
284.345 1. Except as provided in subsection 2, the chief shall prescribe rules and regulations for attendance and leaves with or without pay or reduced pay in the various classes of positions in the public service.
2. The [president of the University of Nevada shall, subject to the approval of the] board of regents [of the University of Nevada,] shall prescribe rules and regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the [president and] board of regents [determine] determines to be necessary or desirable for officers and members of the faculty of the University of Nevada [.]
κ1969 Statutes of Nevada, Page 1427 (CHAPTER 666, SB 273)κ
of Nevada [.] System. Sabbatical leave with pay shall not be granted to more than 2 percent of the teaching personnel of the University of the rank of instructor or higher in any 1 year, and no sabbatical leave with pay shall be granted unless the person requesting such leave agrees in writing with the university to return to the university after such leave for a period not less than that required by his most recent contract of employment with the university if the university desires his continued service.
Sec. 10. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as provided in subsection 2, all employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days. Any annual leave in excess of 30 working days shall be used prior to January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days shall be forfeited on such date. The personnel division may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System shall be entitled to annual leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. If an employee dies and was entitled to accumulated annual leave under the provisions of this chapter, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the chief of their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee.
4. No elected state officer shall be paid for accumulated annual leave upon termination of his service.
5. During the first 6 months of employment of any employee in the public service, annual leave shall accrue as provided in subsection 1, but no annual leave shall be taken during such period.
6. No employee in the public service shall be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
Sec. 11. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year. The personnel division may by regulation provide for additional sick and disability leave for long term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada System shall be entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
κ1969 Statutes of Nevada, Page 1428 (CHAPTER 666, SB 273)κ
rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of such employee.
Sec. 12. NRS 284.360 is hereby amended to read as follows:
284.360 1. Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service.
2. Any person in the unclassified service, except members of the academic staff of the University of Nevada [,] System, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.
3. Officers and members of the faculty of the University of Nevada System may be granted leaves of absence without pay as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
Sec. 13. NRS 287.045 is hereby amended to read as follows:
287.045 1. Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the states group insurance program.
2. Except as provided in subsection 3, every officer or employee of the state who commences his employment after July 1, 1963, shall be eligible to participate in such program upon the completion of 90 days of full-time employment.
3. [University of Nevada professional employees] Professional employees of the University of Nevada System with annual employment contracts shall be eligible to participate in such program upon the effective dates of their respective employment contracts.
4. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date such agency enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date upon completion of 90 days of full-time employment, shall be eligible to participate in the states group insurance program.
Sec. 14. NRS 324.030 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1429 (CHAPTER 666, SB 273)κ
324.030 1. The selection, management and disposal of such land shall be vested in the state commission of industry, agriculture and irrigation, which is hereby created, consisting of the state engineer, the director of the state department of conservation and natural resources and the dean of the college of agriculture of the University of Nevada [.] System.
2. The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of The State Commission of Industry, Agriculture and Irrigation.
Sec. 15. NRS 333.020 is hereby amended to read as follows:
333.020 The following words shall have the following meaning within the purview of this chapter, and shall be so construed:
1. Chief means the chief of the purchasing division of the department of administration.
2. Director means the director of the department of administration.
3. Purchasing division means the purchasing division of the department of administration.
4. Using agencies means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts. The University of Nevada System and the desert research institute of the University of Nevada System are not using agencies except as provided in NRS 333.461.
5. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 16. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices, and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records shall be so maintained as to show:
κ1969 Statutes of Nevada, Page 1430 (CHAPTER 666, SB 273)κ
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system shall be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used, and the value of the stock on hand, shall be maintained. However, such inventories of the department of highways, the superintendent of state printing and the University of Nevada System shall be maintained by those agencies respectively in accordance with the uniform rules and regulations as provided in this chapter and as may be hereafter promulgated by the chief.
Sec. 17. NRS 333.310 is hereby amended to read as follows:
333.310 1. The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:
(a) The names and locations of the departments or institutions for which the purchases are to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) The date and time not later than which bids must be filed.
(d) The date and time when bids will be opened.
The chief or his designated agent shall pass upon the copy for the advertisement.
2. Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district, school district, the University of Nevada System or the desert research institute of the University of Nevada [,] System, such advertising shall be published in the manner provided in NRS 333.470.
Sec. 18. NRS 333.461 is hereby amended to read as follows:
333.461 The University of Nevada System and the desert research institute of the University of Nevada System shall utilize the facilities of the purchasing division to obtain:
1. All items procured by the purchasing division by open-end contracts, including without limitation motor vehicles, petroleum products, tires, tubes, batteries and selected office furniture; and
2. Purchasing division warehouse items catalogued and in stock.
Sec. 19. NRS 333.470 is hereby amended to read as follows:
333.470 1. The University of Nevada [,] System, the desert research institute of the University of Nevada [,] System, and counties, municipalities, irrigation districts and school districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
κ1969 Statutes of Nevada, Page 1431 (CHAPTER 666, SB 273)κ
Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
2. The chief shall issue bulletins from time to time to all state, county and municipal agencies, to all school districts in the State of Nevada, to the University of Nevada System and to the desert research institute of the University of Nevada [,] System, indicating the supplies, materials and equipment available and the prices thereof.
3. The specifications for all bids for supplies, materials or equipment to be furnished any political subdivision pursuant to the provisions of subsection 1 shall be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.
4. Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the purchasing division shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.
Sec. 20. NRS 341.155 is hereby amended to read as follows:
341.155 1. It is expressly prescribed to be the duty of the board of regents of the University of Nevada to use the services of the state planning board, as provided in NRS 341.150, for the construction of all buildings, the money for which is appropriated by the legislature, upon the real property of the university.
2. With the concurrence of the board of regents of the University of Nevada, the state planning board may enter into agreements with persons, associations or corporations to provide to the University of Nevada System educational consulting services relating to the determination of the future needs and the planning of necessary programs and facility needs at the university.
3. Any such contracts shall be for a term not exceeding 5 years and shall provide for payment of a fee for such services not to exceed one-half of 1 percent of the total value of building construction contracts relating to the construction of university campus facilities during the term and in the area covered by the contract.
Sec. 21. NRS 341.165 is hereby amended to read as follows:
341.165 The board is authorized and directed to inspect periodically all state buildings, including all buildings at the University of Nevada [and Nevada Southern,] , Reno, and at the University of Nevada, Las Vegas, and all physical plant facilities at all state institutions. Reports of all such inspections, including findings and recommendations, shall be submitted to the appropriate state agencies, the legislative commission, and each session of the legislature.
Sec. 22. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent of state printing shall not permit any other than state work to be done in the state printing office.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:
κ1969 Statutes of Nevada, Page 1432 (CHAPTER 666, SB 273)κ
(a) Have the printing and binding of such material done at the state printing office at the expense of their respective funds or appropriations; or
(b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.
3. The following pamphlets, bulletins and leaflets shall be printed:
Annual [register] registers of the University of Nevada [.] System.
Nevada mining laws.
Nevada land laws.
Nevada election laws.
Nevada official election returns.
General corporation laws.
Foreign corporation laws.
State school laws.
Fish and game laws.
Pharmacy law.
List of registered physicians.
Insurance laws.
Banking laws.
Necessary briefs, transcripts and other legal work for the public service commission.
4. The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the state printing office at the expense of the legislative fund.
5. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent of state printing is directed not to accept the same.
6. Nothing in this chapter shall be construed to mean that the superintendent of state printing is required or expected to perform any work other than that which the type, machinery and other printing and binding appliances in the state printing office will permit.
Sec. 23. NRS 361.100 is hereby amended to read as follows:
361.100 All real property owned by any fraternity or sorority, or chapter thereof, when the same is composed of students of the University of Nevada [or Nevada Southern University] , Reno, or the University of Nevada, Las Vegas, and used as a home for its members, shall be exempt from taxation.
Sec. 24. NRS 381.170 is hereby amended to read as follows:
381.170 1. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition shall be taken into custody by the board of trustees at the conclusion of such worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the board of trustees.
2. The provisions of this section shall not apply to collections belonging to the Nevada historical society, the Lost City museum, or the University of Nevada [.] System. The board of regents of the University of Nevada shall control the university collection.
Sec. 25. NRS 396.010 is hereby amended to read as follows:
396.010 1. The seat of the state university, as described in section 4 of article XI of the constitution of the State of Nevada, is hereby located at the City of Reno, Washoe County, State of Nevada [.]
κ1969 Statutes of Nevada, Page 1433 (CHAPTER 666, SB 273)κ
4 of article XI of the constitution of the State of Nevada, is hereby located at the City of Reno, Washoe County, State of Nevada [.] , and shall be known as the University of Nevada, Reno.
2. A [regional] branch of the University of Nevada is authorized in Clark County, Nevada, which branch shall be called [Nevada Southern University.] the University of Nevada, Las Vegas.
3. Extension instruction on the collegiate level, research and service activities may be conducted throughout the state.
Sec. 26. NRS 396.020 is hereby amended to read as follows:
396.020 The legal and corporate name of the state university shall be the University of Nevada. The system of universities, colleges, research and public service units administered under the direction of the board of regents shall collectively be known as the University of Nevada System.
Sec. 27. NRS 396.090 is hereby amended to read as follows:
396.090 [1.] The board of regents may employ a [clerk] secretary of the board, who shall [not be a teacher in the University of Nevada.
2. The clerk shall:
(a) Receive a salary of $25 per month.
(b) Keep] keep a full record of all proceedings of the board.
Sec. 28. NRS 396.120 is hereby amended to read as follows:
396.120 [In each odd-numbered year, the board of regents shall:
1. Report to the governor all transactions of the board and all other matters pertaining to the university.
2. Transmit, with such report, copies of the presidents annual reports.] The secretary of the board of regents shall transmit to the governor a copy of the approved minutes of each regular meeting of the board.
Sec. 29. NRS 396.210 is hereby amended to read as follows:
396.210 1. After consultation with the faculty, the board of regents shall appoint a [president] chancellor of the University of Nevada [.] System.
2. The [president] chancellor shall have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities.
Sec. 30. NRS 396.220 is hereby amended to read as follows:
396.220 The board of regents shall have the power to fix the salary of the [president] chancellor of the [university.] University of Nevada System.
Sec. 31. NRS 396.230 is hereby amended to read as follows:
396.230 [1.] The board of regents shall have the power to prescribe the duties of the [president of the university.
2. The president shall, under the direction of the board of regents:
(a) Manage all matters connected with the university.
(b) Employ the academic staff.
(c) Purchase supplies and make monthly statements, supported by vouchers, to the board of regents of all receipts and expenditures.] chancellor and such other officers of the university as the board deems appropriate.
Sec. 32. NRS 396.240 is hereby amended to read as follows:
396.240 [The president of the university shall make a detailed annual report to the board of regents, with a catalogue of students and such other particulars as the board may require or as he may think useful.] The chancellor and other officers of the university shall make such reports to the board of regents as they deem appropriate or as the board of regents may require.
κ1969 Statutes of Nevada, Page 1434 (CHAPTER 666, SB 273)κ
chancellor and other officers of the university shall make such reports to the board of regents as they deem appropriate or as the board of regents may require.
Sec. 33. NRS 396.260 is hereby amended to read as follows:
396.260 Notwithstanding the provisions of any other law, the board of regents of the University of Nevada System may employ any teacher, instructor or professor authorized to teach in the United States under the teacher exchange programs authorized by the laws of Congress of the United States.
Sec. 34. NRS 396.290 is hereby amended to read as follows:
396.290 All employees of the University of Nevada [,] System, including those persons who were receiving benefits under the provisions of chapter 204, Statutes of Nevada 1915, and chapter 99, Statutes of Nevada 1943, may elect to receive the benefits provided under the contract of integration entered into between the board of regents of the University of Nevada and the public employees retirement board on June 30, 1950, pursuant to the provisions of NRS 286.370 or may exercise an option to receive the benefits provided under sections 2 to 9, inclusive, of [this act.] chapter 173, Statutes of Nevada 1969.
Sec. 35. NRS 396.320 is hereby amended to read as follows:
396.320 1. The willful neglect or failure on the part of any teacher, instructor, professor [or] , president or chancellor in the University of Nevada System to observe and carry out the requirements of this chapter shall be sufficient cause for the dismissal or removal of such person from his position.
2. It shall be sufficient cause for the dismissal of any teacher, instructor, professor [or] , president or chancellor in the University of Nevada System when such person advocates, or is a member of an organization which advocates, overthrow of the Government of the United States or of the state by force, violence or other unlawful means.
Sec. 36. NRS 396.325 is hereby amended to read as follows:
396.325 1. The board of regents [of the University of Nevada] is authorized to create a police department for the University of Nevada System and appoint one or more persons to be members of such department.
2. Persons employed and compensated as members of such police department, when so appointed and duly sworn, are peace officers; but no such officer may exercise his powers or authority except:
(a) Upon the campuses of the University of Nevada [,] System, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area; or
(c) In or about other grounds or properties of the University of Nevada [.] System.
Sec. 37. NRS 396.327 is hereby amended to read as follows:
396.327 Every member of the University of Nevada System police department shall be supplied with, authorized and required to wear a badge bearing the words University Police, Nevada.
Sec. 38. NRS 396.340 is hereby amended to read as follows:
396.340 1. The University of Nevada System was, and now is, established in accordance with the provisions of the constitution of the State of Nevada, and also in accordance with the provisions of an Act of Congress entitled An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts, approved July 2, 1862 (c.
κ1969 Statutes of Nevada, Page 1435 (CHAPTER 666, SB 273)κ
of Nevada, and also in accordance with the provisions of an Act of Congress entitled An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts, approved July 2, 1862 (c. 130, 12 Stat. 503), and acts amendatory thereof or supplementary thereto.
2. The board of regents of the University of Nevada are the proper trustees of the same to receive and disburse all appropriations made to this state under the provisions of an Act of Congress entitled An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two, approved August 30, 1890 (c. 841, 26 Stat. 419), and all appropriations hereafter to be made under such act.
3. The board of regents shall make a report at the end of each fiscal year, in connection with its annual report to the governor, of other university matters, including the amounts received and disbursed under the provisions of this section. The governor shall transmit all annual reports to the legislature.
4. The legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the Act of Congress, the title of which is recited in subsection 2, and agrees that the same shall be used only for the purposes named in the Act of Congress, or acts amendatory thereof or supplemental thereto.
Sec. 39. NRS 396.370 is hereby amended to read as follows:
396.370 1. The following money is hereby set aside and inviolably appropriated for the support and maintenance of the University of Nevada [,] System, and shall be paid out for the purposes designated by law creating the several funds:
(a) The interest derived from the investment of all moneys arising from the sale of the 90,000 acres of land granted to the State of Nevada by the Act of Congress entitled An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts, approved July 2, 1862 (c. 130, 12 Stat. 503).
(b) The interest derived from the investment of all moneys arising from the sale of the 72 sections of land granted to the State of Nevada by the Act of Congress entitled An act concerning certain Lands granted to the State of Nevada, approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university.
(c) All money paid as interest on deferred installments on the purchase of lands named in this section which may be sold under contract as provided in NRS 321.240.
2. Additional state maintenance and support of the University of Nevada System shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
Sec. 40. NRS 396.383 is hereby amended to read as follows:
396.383 1. The University of Nevada System accounts payable revolving fund is hereby created.
κ1969 Statutes of Nevada, Page 1436 (CHAPTER 666, SB 273)κ
revolving fund is hereby created. The board of regents may deposit the moneys of such fund in any state or national bank or banks in the State of Nevada.
2. The chief business officer of the university shall:
(a) Pay from such fund such operating expenses of the university as the board of regents may by rule prescribe.
(b) Submit claims to the state board of examiners for moneys of the University of Nevada System on deposit in the state treasury or elsewhere to replace moneys paid from the University of Nevada System accounts payable revolving fund.
Sec. 41. NRS 396.390 is hereby amended to read as follows:
396.390 1. Before payment, all claims of every name and nature involving the payment of money by or under the direction of the board of regents from funds set aside and appropriated shall be passed upon by the state board of examiners.
2. The board of regents shall, with the approval of the governor, require all officers and employees of the University of Nevada System whose duties, as prescribed by law, require such officers or employees to approve claims against any public funds to file such claims in the office of the board of regents at the university for transmittal.
Sec. 42. NRS 396.420 is hereby amended to read as follows:
396.420 1. The board of regents shall have the power to accept and take in the name of the University of Nevada, for the benefit of any component of the University of Nevada System, by grant, gift, devise or bequest, any property for the use of the university, or of any college thereof, or of any professorship, chair or scholarship therein, or for the library, workshops, farms, students loan fund, or any other purpose appropriate to the university.
2. Such property shall be taken, received, held, managed, invested, and the proceeds thereof used, bestowed and applied by the board of regents for the purposes, provisions and conditions prescribed by the respective grant, gift, devise or bequest.
3. Nothing in this chapter shall be deemed to prohibit the State of Nevada from accepting and taking by grant, gift, devise or bequest any property for the use and benefit of the University of Nevada [.] System.
Sec. 43. NRS 396.435 is hereby amended to read as follows:
396.435 1. The board of regents of the University of Nevada shall have the power by affirmative vote of a majority of its members to adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property owned or used by the University of Nevada [.] System.
2. Such regulations shall have the force and effect of law.
3. A copy of every such regulation, giving the date that it takes effect, shall be filed with the secretary of state, and copies of the regulations shall be published immediately after adoption and issued in pamphlet form for distribution to faculty and students of the university and to the general public.
4. Any person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.
Sec. 44. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
κ1969 Statutes of Nevada, Page 1437 (CHAPTER 666, SB 273)κ
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.020. The qualification bona fide is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The board of regents [of the University of Nevada] may fix a tuition charge for students at [the university and at Nevada Southern University,] all campuses of the University of Nevada System, but tuition shall be free to:
(a) All students whose families are bona fide residents of the State of Nevada; and
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months prior to their matriculation at the university; and
(c) All public school teachers who are employed full time by school districts in the State of Nevada; and
(d) All full-time teachers in private schools in the State of Nevada whose curricula meets the requirements of NRS 394.130.
3. In its discretion, the board of regents may grant tuitions free each university semester to worthwhile and deserving students from other states and foreign countries, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 45. NRS 396.560 is hereby amended to read as follows:
396.560 1. Upon the recommendation of [the] a president of the university, the board of regents shall issue to those who worthily complete the full course of study in the school of mines or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may hereafter be prescribed, a diploma of graduation, conferring the proper academic degree, from the University of Nevada.
2. No diploma bearing the distinctive title University of Nevada shall be issued to anyone who has not completed the full course of study as set forth in subsection 1.
Sec. 46. NRS 396.580 is hereby amended to read as follows:
396.580 Upon the recommendation of [the] a president of the university, the board of regents shall issue to those who worthily complete the full course of study in any other department of the university, not equivalent to a regular university course, a diploma of graduation, but the diploma shall bear the name of the department from which it is issued, and in no case shall bear the heading of the regular university diploma.
Sec. 47. NRS 396.600 is hereby amended to read as follows:
396.600 The public service division of the University of Nevada System shall consist of the following public service departments:
1. State analytical laboratory.
2. Agricultural extension.
3. Agricultural experiment station.
4. Such other departments as the board of regents may designate.
κ1969 Statutes of Nevada, Page 1438 (CHAPTER 666, SB 273)κ
Sec. 48. NRS 396.610 is hereby amended to read as follows:
396.610 All rules and regulations necessary for the proper administration and enforcement of the public service division of the University of Nevada System shall be made by the [president] presidents, the chancellor and the board of regents. [of the University of Nevada.]
Sec. 49. (There is no section of this number.)
Sec. 50. NRS 396.690 is hereby amended to read as follows:
396.690 The assent of the State of Nevada by its legislature is hereby given to the provisions and requirements of an Act of Congress entitled An Act to provide for cooperative extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture, approved May 8, 1914 (c. 79, 38 Stat. 372), and any acts amendatory thereof and supplemental thereto. The board of regents of the University of Nevada is hereby authorized and empowered to receive the grants of money appropriated under such federal acts, and to organize and conduct agricultural extension work which shall be carried on in connection with the college of agriculture of the University of Nevada [,] System, in accordance with the terms and conditions expressed in such Acts of Congress.
Sec. 51. NRS 396.740 is hereby amended to read as follows:
396.740 The agricultural experiment station, organized and established by the board of regents [at and] in connection with the University of Nevada [,] System, is hereby recognized and shall be continued as a part of the University of Nevada [.] System. The agricultural experiment station shall be conducted for the purposes of acquiring and diffusing among the people useful and practical information on subjects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science.
Sec. 52. NRS 396.750 is hereby amended to read as follows:
396.750 The board of regents, [of the University of Nevada,] upon recommendation of the [president,] appropriate officer of the University of Nevada System shall designate and appoint a qualified individual to conduct the agricultural experiment station, and shall grant him such assistants as they deem necessary.
Sec. 53. NRS 396.790 is hereby amended to read as follows:
396.790 1. The director of the Nevada agricultural experiment station of the University of Nevada [,] System, with the approval of the board of regents, is hereby authorized and directed to enter into cooperative agreements with the United States Department of Agriculture under the provisions of an Act of Congress entitled An Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products, approved August 14, 1946 (c. 966, 60 Stat. 1082; 7 U.S.C. § 427).
2. Funds to carry out the provisions of this section will be provided by direct legislative appropriation, which funds shall constitute the Nevada agricultural experiment station fund.
3. All claims against the Nevada agricultural experiment station fund shall be certified by the director of the Nevada agricultural experiment station, approved by the board of regents and the state board of examiners, and when so certified and approved, the state controller is authorized to draw his warrants in payment of the same, and the state treasurer is authorized to pay the same.
κ1969 Statutes of Nevada, Page 1439 (CHAPTER 666, SB 273)κ
station, approved by the board of regents and the state board of examiners, and when so certified and approved, the state controller is authorized to draw his warrants in payment of the same, and the state treasurer is authorized to pay the same.
Sec. 54. NRS 396.7951 is hereby amended to read as follows:
396.7951 The primary purposes of the institute shall be:
1. To foster and to conduct fundamental scientific, economic, social or educational investigations, and applied research for industry, governmental or private agencies, or individuals;
2. To encourage and foster a desire for research on the part of students and faculty;
3. To discover and develop research talent;
4. To acquire and disseminate knowledge related to the projects undertaken; and
5. In general, to promote all research objectives of the University of Nevada [.] System.
Sec. 55. NRS 396.7992 is hereby amended to read as follows:
396.7992 The board of regents, in the name and on the behalf of the University of Nevada System, may:
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of the University of Nevada, Reno, in Washoe County.
2. Provide the name of the corporation.
3. Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 81.310; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which such corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of such corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada System or its board of regents, as it may determine, for the benefit of the University of Nevada System upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 56. NRS 396.801 is hereby amended to read as follows:
396.801 The board of regents, in the name and on the behalf of the University of Nevada System, may:
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of [Nevada Southern University] University of Nevada, Las Vegas, in Clark County.
κ1969 Statutes of Nevada, Page 1440 (CHAPTER 666, SB 273)κ
future development and expansion of [Nevada Southern University] University of Nevada, Las Vegas, in Clark County.
2. Provide the name of the corporation.
3. Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 81.310; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which such corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of such corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada or its board of regents, as it may determine, for the benefit of [Nevada Southern University] University of Nevada, Las Vegas, upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 57. NRS 396.813 is hereby amended to read as follows:
396.813 Board means the board of regents of the University of Nevada, constituting the governing body of the state university and a body corporate and politic by the name of the board of regents of the University of Nevada, is a political subdivision of this state, and means any successor governing body of the university.
Sec. 58. NRS 396.830 is hereby amended to read as follows:
396.830 President of the university means the de facto or de jure presiding officer of the University of Nevada and its chief administrative officer, now designated as the chancellor of the University of Nevada System, and formerly designated as the president of the University of Nevada, or his successor in functions, if any. President of the university does not mean the chief administrative officer of either the branch of the university in Washoe County or the branch of the university in Clark County, now designated respectively as the president of the University of Nevada, Reno and the president of the University of Nevada, Las Vegas. The latter officer was formerly designated as the chancellor of Nevada Southern University. Both of those officers are responsible and subordinate to the chancellor of the University of Nevada System.
Sec. 59. NRS 396.835 is hereby amended to read as follows:
396.835 Treasurer of the university means the de facto or de jure treasurer of the board and ex officio treasurer of the University of Nevada [,] System, or his successor in functions, if any.
Sec. 60. NRS 396.838 is hereby amended to read as follows:
396.838 University means the University of Nevada [,] System, the state university constituting a body corporate and politic, a political subdivision of this state, [and] with the seat located in the city of Reno, in the county of Washoe and State of Nevada [,] and with a [regional] branch designated [Nevada Southern] University of Nevada, Las Vegas, and located in Clark County, Nevada, and means any successor educational institution.
κ1969 Statutes of Nevada, Page 1441 (CHAPTER 666, SB 273)κ
the state university constituting a body corporate and politic, a political subdivision of this state, [and] with the seat located in the city of Reno, in the county of Washoe and State of Nevada [,] and with a [regional] branch designated [Nevada Southern] University of Nevada, Las Vegas, and located in Clark County, Nevada, and means any successor educational institution.
Sec. 61. NRS 396.853 is hereby amended to read as follows:
396.853 1. Bonds and other securities issued hereunder shall be executed in the name of the university or the board, shall be signed by the chairman of the board, shall be attested by the secretary of the board, shall be countersigned by the [president] chancellor of the university, and shall be countersigned by the treasurer of the university; and the bonds or other securities shall be authenticated by the official seal of the university or the board. Any coupons shall be signed by the treasurer of the university. Facsimile signatures may be used on any coupons.
2. Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act, cited as chapter 351 of NRS. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
3. The bonds, any coupons appertaining thereto, and other securities, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the university or the board, as the case may be, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
4. Any officer authorized or permitted to sign any bonds, any coupons, or any other securities, at the time of their execution and of a signature certificate appertaining thereto, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bonds, coupons and other securities appertaining thereto, or any combination thereof.
Sec. 62. NRS 396.864 is hereby amended to read as follows:
396.864 Subject to any contractual limitations binding upon the holders of any issue or series of securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:
1. By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the board or university, or both, the [president] chancellor of the university, and any other of the officers, agents and employees of the board or university, or both, to require and compel the board or university, or both, or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments hereunder and their respective covenants and agreements with the holder of any security;
2. By action or suit in equity to require the board or university, or both, to account as if they were the trustee of an express trust;
3. By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the board itself might do in accordance with the obligations of the university or the board; and
κ1969 Statutes of Nevada, Page 1442 (CHAPTER 666, SB 273)κ
receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the board itself might do in accordance with the obligations of the university or the board; and
4. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any securities and to bring suit thereupon.
Sec. 63. NRS 398.100 is hereby amended to read as follows:
398.100 1. The members of the commission shall be appointed by the governor for terms of 4 years and until a successor is appointed, and shall include the following persons:
(a) One member of the board of trustees of the Washoe County School District;
(b) One member of the board of trustees of the Clark County School District;
(c) One member of a board of trustees of the remaining 15 county school districts;
(d) A member of the faculty of the University of Nevada [or Nevada Southern University] , Reno, or of the University of Nevada, Las Vegas, who is recommended by the board of regents; and
(e) A representative of the state department of education.
2. The commission shall appoint an executive director who shall serve as an ex officio member of the commission. The attorney general or his representative shall serve as legal counsel to the commission.
Sec. 64. NRS 439.110 is hereby amended to read as follows:
439.110 1. Except as provided in subsection 2, the state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation.
2. Notwithstanding the provisions of NRS 281.127, the state health officer may cooperate with the University of Nevada System in the preparation and teaching of preservice professional workers in public health, and in a program providing additional professional preparation for public health workers employed by the State of Nevada.
Sec. 65. NRS 451.360 is hereby amended to read as follows:
451.360 The University of Nevada System shall have power to establish a committee on anatomical dissection which shall be composed as follows:
1. One doctor of medicine appointed by the Nevada State Medical Association.
2. One doctor of dentistry appointed by the Nevada State Dental Association.
3. One pathologist appointed by the Nevada State Society of Pathologists.
4. One member appointed by the president of the University of Nevada, Reno from the faculty of the University of Nevada [in] , Reno.
5. One member appointed by the president of the University of Nevada, Las Vegas from the faculty of [Nevada Southern.] the University of Nevada, Las Vegas.
κ1969 Statutes of Nevada, Page 1443 (CHAPTER 666, SB 273)κ
6. The state health officer or one of his staff appointed by him.
7. One member appointed by the Nevada Funeral Service Association.
Sec. 66. NRS 451.370 is hereby amended to read as follows:
451.370 The committee shall keep full and complete minutes of each meeting of the committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom such bodies may be distributed. Such minutes and records shall be open at all times to the inspection of each member of the committee and of the district attorney of any county within the state. A report of the activities of the committee shall be made annually to the [president] presidents of the University of Nevada System and to the state board of health. One of the University of Nevada System committee members shall act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.
Sec. 67. NRS 457.030 is hereby amended to read as follows:
457.030 1. The Nevada cancer advisory council is hereby established. The council shall consist of 10 members, five of whom shall be doctors of medicine, one a doctor of osteopathy, one a doctor of dental surgery, one a chiropractor, one an attorney at law and one a member of the physical science department of the University of Nevada [.] , Reno, or of the University of Nevada, Las Vegas.
2. In addition to the 10 members provided for in subsection 1, the state health officer shall be an ex officio member of the council.
Sec. 68. NRS 458.200 is hereby amended to read as follows:
458.200 One member shall be a professional educator engaged in educational administration or instruction in Nevada for not less than 5 years immediately preceding his appointment. He shall have a masters degree or the equivalent thereof and be a member of the staff of the University of Nevada System or a county school system of the state.
Sec. 69. NRS 544.060 is hereby amended to read as follows:
544.060 In carrying out the purposes of NRS 544.010 to 544.060, inclusive, the director shall utilize to the fullest possible extent the facilities and technical resources of the desert research institute of the University of Nevada [.] System.
Sec. 70. NRS 548.120 is hereby amended to read as follows:
548.120 1. The following shall serve, ex officio, as members of the state soil conservation committee:
(a) The dean of the Max C. Fleischmann College of Agriculture of the University of Nevada [.] , Reno.
(b) The executive director of the state department of agriculture.
(c) The director of the state department of conservation and natural resources.
2. The governor shall appoint four members from a list of 10 names of persons submitted to him by the Nevada Association of Soil Conservation Districts, not more than one of which persons shall reside in any one county or district, who are or shall have been farm operators within the State of Nevada, to serve with the members designated in subsection 1 as the state soil conservation committee.
3. The ex officio members may appoint, in writing, alternates to attend any meeting of the committee, and such alternates shall have full voting powers.
κ1969 Statutes of Nevada, Page 1444 (CHAPTER 666, SB 273)κ
attend any meeting of the committee, and such alternates shall have full voting powers.
Sec. 71. NRS 549.010 is hereby amended to read as follows:
549.010 In order to provide for continued extension work in agriculture, home economics and rural welfare in the State of Nevada, the director of the agricultural extension department of the public service division of the University of Nevada System and the boards of county commissioners of any or all of the respective counties of the State of Nevada may enter into cooperative agreements and activities subject to the provisions of this chapter.
Sec. 72. NRS 549.020 is hereby amended to read as follows:
549.020 1. The director of the agricultural extension department of the public service division of the University of Nevada System shall prepare and submit to the board of county commissioners, for each county participating, an annual financial budget covering the county, state and federal funds cooperating in the cost of cooperative extension work in agriculture and home economics.
2. Such budget shall be adopted by the board of county commissioners and certified as a part of the annual county budget, and the county tax levy provided for agricultural extension work in the annual county budget shall include a levy of not less than 1 cent on each $100 of taxable property. If the proceeds of the county tax levy of 1 cent are insufficient to meet the countys share of such cooperative agricultural extension work, as provided in the combined annual financial budget, the board of county commissioners may, by unanimous vote, levy an additional tax so that the total in no instance shall exceed 5 cents on each $100 of the county tax rate.
3. The proceeds of such tax shall be placed in the agricultural extension fund in each county treasury and shall be paid out on claims drawn by the agricultural extension agent of the county as designated by the director of the agricultural extension department of the public service division of the University of Nevada [,] System, when approved by such director and countersigned by the [chief business officer] treasurer of the University of Nevada [.] System.
4. A record of all such claims approved and paid, segregated by counties, shall be kept by the [chief business officer] treasurer of the University of Nevada [.] System. The cost of maintaining such record shall be paid from state funds provided for by this chapter.
5. The states cooperative share of the cost of such agricultural extension work, as entered in the budget described in this section, shall not be more than a sum equal to the proceeds of 1 cent of such county tax rate; but when the proceeds of a 1-cent tax rate are insufficient to carry out the provisions of the budget previously adopted, the director of the agricultural extension department of the public service division of the University of Nevada System is authorized to supplement the states cooperative share from such funds as may be made available in the public service division fund of the University of Nevada [.] System.
Sec. 73. NRS 549.030 is hereby amended to read as follows:
549.030 1. A certified copy of the county extension work budget as adopted and approved, as provided in NRS 549.020, shall be filed with the [chief business officer] treasurer of the University of Nevada System within 10 days after its approval by the board of county commissioners.
κ1969 Statutes of Nevada, Page 1445 (CHAPTER 666, SB 273)κ
the [chief business officer] treasurer of the University of Nevada System within 10 days after its approval by the board of county commissioners.
2. Necessary modifications thereof, involving county and state funds, due to leaves of absence without pay, resignations, changes in salary, dismissals, or employment of any cooperative agent, variations in expense accounts, or otherwise, not involving an increase in the total expenditures provided to be paid from such funds, and consistent with the purposes of this chapter, may be made by filing with the [chief business officer] treasurer of the University of Nevada System and the board of county commissioners a revised budget, approved by the director of the agricultural extension department of the public service division of the University of Nevada System and countersigned by the [chief business officer] treasurer of the University of Nevada [.] System.
Sec. 74. NRS 549.050 is hereby amended to read as follows:
549.050 All moneys appropriated as mentioned in NRS 549.040 shall be expended under the direction of the director of the agricultural extension department of the public service division of the University of Nevada System to the extent of the financial budget for cooperation between the state and the respective counties provided for in NRS 549.020.
Sec. 75. NRS 550.010 is hereby amended to read as follows:
550.010 As used in this chapter, unless the context otherwise requires:
1. Board of regents means the board of regents of the University of Nevada.
2. Director means the director of the agricultural extension department of the public service division of the University of Nevada [.] System.
3. State 4-H camp means the state 4-H camp institute and exhibit.
Sec. 76. NRS 550.035 is hereby amended to read as follows:
550.035 The state 4-H camp advisory council is hereby created, to consist of 12 members chosen for terms of 3 years as follows:
1. Four members from the leaders of 4-H clubs in this state, elected by the leaders.
2. Two members appointed by the president of the University of Nevada [.] , Reno.
3. Four members designated from among its members by the Nevada Farm Bureau.
4. Two members from the agricultural extension service, elected by the county agents.
Sec. 77. NRS 553.040 is hereby amended to read as follows:
553.040 1. Every agricultural demonstration farm or plot under the provisions of this chapter shall be conducted by the owner, lessee or manager thereof under the supervision of the agricultural extension department of the public service division of the University of Nevada System and in accordance with the terms of a written project agreement entered into with the agricultural extension department of the public service division of the University of Nevada System and approved by the board of county commissioners of the county in which the agricultural farm or plot is located.
κ1969 Statutes of Nevada, Page 1446 (CHAPTER 666, SB 273)κ
2. The agreement shall include the keeping by such owner, lessee or manager of accurate and systematic records and accounts in the form prescribed by the agricultural extension department of the public service division of the University of Nevada [,] System, which records and accounts shall be subject to inspection, use and publication in furtherance of the purposes of this chapter.
Sec. 78. NRS 553.070 is hereby amended to read as follows:
553.070 1. Any county desiring to avail itself of the provisions of this chapter shall, by resolution of its board of county commissioners, bind itself to pay to the owner, lessee or manager of such demonstration farm or plot as follows:
(a) For each demonstration farm, the sum of $10 per acre, but not exceeding the sum of $100 for any such demonstration farm unit.
(b) For any demonstration plot, a minimum of $25 if [the same] it is less than 3 acres, and $10 per acre if it contains 3 acres or more.
2. The sums shall be paid annually for each year the demonstration is to be continued, on the certification by the agricultural extension department of the public service division of the University of Nevada System that such demonstration has been conducted in accordance with the agreement.
3. No county shall be obligated under the provisions of this section except in respect to demonstration farms and plots which have been approved by the board of county commissioners as provided in NRS 553.040.
4. The authority to provide for such expenditure in the county budget and to disburse the same is hereby granted to the board of county commissioners and the other officials of the several counties.
Sec. 79. NRS 553.090 is hereby amended to read as follows:
553.090 The agricultural extension department of the public service division of the University of Nevada System annually shall prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state. Such number of copies thereof as may be deemed necessary, not exceeding 10,000 shall be printed by the superintendent of state printing for free distribution.
Sec. 80. NRS 555.410 is hereby amended to read as follows:
555.410 The executive director may, in cooperation with the University of Nevada [,] System, publish information regarding injury which may result from improper application or handling of economic poisons and methods and precautions designed to prevent such injury.
Sec. 81. NRS 563.030 is hereby amended to read as follows:
563.030 One member of the board shall be a member of the teaching staff of the college of agriculture of the University of Nevada [.] System. One member of the board shall be a member of the staff of the agricultural extension department of the public service division of the University of Nevada [.] System. One member of the board shall be a member of the staff of the state board for vocational education. Two members of the board shall be persons interested in the raising and improving of livestock in the State of Nevada, not necessarily stockraisers.
Sec. 82. NRS 563.100 is hereby amended to read as follows:
563.100 1. The Nevada junior livestock show board shall each year hold a junior livestock show at a place to be determined by the Nevada junior livestock show board.
κ1969 Statutes of Nevada, Page 1447 (CHAPTER 666, SB 273)κ
hold a junior livestock show at a place to be determined by the Nevada junior livestock show board.
2. Entries to the show shall be limited to animals grown and owned by persons under the age of 21 years, who have been certified by the state 4-H club leader or the state supervisor of vocational agricultural education; but students regularly registered in animal husbandry courses at the college of agriculture of the University of Nevada [,] System, over 21 years of age, may make entries, subject to the discretion of the board.
Sec. 83. NRS 584.135 is hereby amended to read as follows:
584.135 1. The commissioner of food and drugs is authorized and empowered, subject to the provisions of subsection 2, to make and enforce such reasonable rules and regulations, within the meaning and purposes of NRS 584.110 to 584.160, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.
2. The rules and regulations provided for in subsection 1 shall first be approved by the director of the agricultural extension department of the public service division of the University of Nevada [.] System.
Sec. 84. NRS 616.081 is hereby amended to read as follows:
616.081 1. Members of varsity and freshman athletic teams at the University of Nevada [and Nevada Southern University,] , Reno, and at the University of Nevada, Las Vegas, while engaged in organized practice or actual competition or any activity related thereto shall be deemed for the purpose of this chapter and for no other purpose to be employees of the University of Nevada System at a wage of $50 per month. In the event of injury while engaged in practice, competition or related activity, they are entitled to the benefits of this chapter.
2. This section is for the purpose of extending insurance coverage only, and is in no way intended to affect the amateur status of the members or imply that any such members are receiving wages for participation.
Sec. 85. NRS 629.040 is hereby amended to read as follows:
629.040 1. Within 60 days after March 24, 1951, the board of regents of the University of Nevada shall appoint the state board of examiners in the basic sciences consisting of 3 members. The members of the board shall be appointed one for 1 year, one for 2 years, and one for 3 years, from the dates of their respective appointments. On the expiration of the term of any member, the board or regents of the University of Nevada shall fill the vacancy by appointment for a term of 3 years. Every member shall serve until his successor is appointed and qualified.
2. On the death, resignation or removal of any member, the board of regents of the University of Nevada shall fill the vacancy by appointment for the unexpired portion of the term.
3. Each member of the board shall:
(a) Be selected because of his knowledge of the basic sciences.
(b) Be a professor or an instructor on the faculty of the University of Nevada System or some other institution of learning in the State of Nevada of equal rank.
(c) Have resided in Nevada not less than 1 year next preceding his appointment.
4. No member of the board shall be actively engaged in the practice of the healing art or of any branch thereof.
κ1969 Statutes of Nevada, Page 1448 (CHAPTER 666, SB 273)κ
Sec. 86. NRS 645.345 is hereby amended to read as follows:
645.345 The commission, with the prior written approval of [the] a dean of the college of business administration of the University of Nevada [,] System, shall:
1. Promulgate reasonable regulations defining what constitutes:
(a) A course of instruction in real estate principles, practices, procedures and ethics, which course of instruction shall include the subjects upon which an applicant is examined in determining his fitness to receive an original real estate brokers license.
(b) A school offering such a course.
2. Adopt regulations providing for the establishment and maintenance of a uniform and reasonable standard of instruction to be observed in and by such schools.
Sec. 87. 1. Wherever there appears in any chapter of the Statutes of Nevada 1969 the name University of Nevada in reference to all campuses of the university or to the entire university system, such name shall be deemed to be University of Nevada System.
2. Wherever there appears in any chapter of the Statutes of Nevada 1969 the name University of Nevada in reference to the campus of the university in Washoe County, such name shall be deemed to be University of Nevada, Reno.
3. Wherever there appears in any chapter of the Statutes of Nevada 1969 the name Nevada Southern University, such name shall be deemed to be University of Nevada, Las Vegas.
4. In preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall make changes in Nevada Revised Statutes to conform to subsections 1, 2 and 3.
Sec. 88. This act shall become effective at 12:03 a.m. on July 1, 1969.
________
Senate Bill No. 473Clark County Delegation
CHAPTER 667
AN ACT relating to taxation; providing for the apportionment among counties of the taxable valuation of certain electric light and power companies; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state.
κ1969 Statutes of Nevada, Page 1449 (CHAPTER 667, SB 473)κ
and the property and franchises of all railway express companies operating on any common or contract carrier in this state. Such valuation shall not include the value of vehicles as defined in NRS 371.020.
2. [The] Except as otherwise provided in subsections 3 and 4, the foregoing shall be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by the Nevada tax commission.
3. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and such physical property also includes two or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and such physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
5. The Nevada tax commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. Such formulas shall be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.
κ1969 Statutes of Nevada, Page 1450 (CHAPTER 667, SB 473)κ
[3.] 6. The word company shall be construed to mean and include any person or persons, company, corporation or association engaged in the business described.
[4.] 7. In case of the omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein such property is situated shall assess the same.
[5.] 8. All other property shall be assessed by the county assessors, except that the valuation of land, livestock and mobile homes shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
[6.] 9. On or before the 1st Monday in December the Nevada tax commission shall transmit to the several county assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 706Mr. Swallow
CHAPTER 668
AN ACT relating to trade regulations; prohibiting service station games and contests; providing a penalty; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any dealer or seller of gasoline or other motor vehicle fuel who engages in, promotes or in any manner operates, in connection with the sale of goods or services, any contest or game by which a person may, as determined by chance, receive gifts, prizes or gratuities is guilty of a misdemeanor.
2. The provisions of subsection 1 apply whether or not a purchase is required in order to participate in such contest or game.
________
κ1969 Statutes of Nevada, Page 1451κ
Assembly Bill No. 360Committee on Taxation
CHAPTER 669
AN ACT relating to property tax; clarifying methods and procedures involved in the valuation and assessment of property; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.227 is hereby amended to read as follows:
361.227 1. In determining the full cash value of real property, the county assessor, [and] county board of equalization and the state board of equalization shall [give weight to] compute such full cash value by using each of the following factors for which information is available:
(a) The [price at which the property was sold to the present owner,] estimate of the value of the vacant land, plus any improvements made [by him] and minus any depreciation [applicable to buildings and other improvements.] computed according to the estimated life of such improvements.
(b) The market value of the property, as evidenced by: [comparable sales in the vicinity.
(c) In addition to the value of the land, the replacement cost of any buildings or other improvements less a reasonable allowance for depreciation computed according to the estimated life of such buildings and improvements.
(d) The value of the property derived from the capitalization, at a rate of return not less than 5.5 percent nor more than 8 percent, of the net income which could reasonably be expected from the rental of the property, taking due account of its location.
(e) The value of the property for the use to which it is actually put during the fiscal year of assessment.
2. Any taxpayer may furnish to the county assessor information concerning any one or more of the factors enumerated in subsection 1, and if he does so, shall furnish such additional information as the county assessor may reasonably require. If the taxpayer does not so furnish information, the determination of value by the county assessor shall be rebuttably presumed to be correct.
3.]
(1) Comparable sales in the vicinity;
(2) The price at which the property was sold to the present owner; and
(3) The value of the property for the use to which it was actually put during the fiscal year of assessment.
(c) The value of the property estimated by capitalization of the fair economic income expectancy.
The criteria of applicability for each factor shall be prescribed by regulation of the Nevada tax commission.
2. The county assessor shall, upon request of the owner, furnish within 10 days to any owner of property a statement of the value computed [by each method prescribed in subsection 1, and of the items used in each such computation.
κ1969 Statutes of Nevada, Page 1452 (CHAPTER 669, AB 360)κ
4.] from each of the factors used and the items used in each such computation.
3. In determining the full cash value of a merchants or dealers stock in trade, the county assessor shall use the average value over the 12 months immediately preceding the date of assessment. For this purpose, the county assessor may require from such merchant or dealer a verified report of the value of his stock in trade at any time or reasonable number of times during the year.
Sec. 2. NRS 361.260 is hereby amended to read as follows:
361.260 1. Between July 1 and December 31 in each year, the county assessor, except when otherwise required by special enactment, shall ascertain by diligent inquiry and examination all real and personal property in his county subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the same. He shall then determine the full cash value of all such property and he shall then list and assess the same at 35 percent of its full cash value to the person, firm, corporation, association or company owning it.
2. In arriving at the value of all public utilities of an intracounty nature, the intangible or franchise element shall be considered as an addition to the physical value and a portion of the full cash value.
3. In addition to the inquiry and examination required in subsection 1, the county assessor shall appraise property using standards approved by the Nevada tax commission, and reappraise all property at least once every 5 years thereafter using the same standards. Such appraisals and reappraisals at 5-year intervals shall be accepted as the examination required under subsection 1, for the intervening 4 years.
Sec. 3. NRS 361.265 is hereby amended to read as follows:
361.265 1. For the purpose of enabling the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a statement under oath or affirmation on forms to be furnished by the county assessor of all the [real estate and] personal property within the county, owned or claimed by such persons, firms, corporations, associations or companies.
2. If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation as herein provided within [5] 15 days after demand is made therefor, the county assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the county assessor, the property shall be assessed in his name. If the name of the owner is unknown to the county assessor, the property shall be assessed to unknown owner; but no mistake heretofore or hereafter made in the name of the owner or the supposed owner of real property shall render the assessment or any sale of such property for taxes invalid.
3. At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.
4. If any person, officer or agent shall neglect or refuse on demand of the county assessor or his deputy to give under oath or affirmation the statement required by this section, or shall give a false name, or shall refuse to give his name, or shall refuse to swear or affirm, he shall be guilty of a misdemeanor and shall be arrested upon the complaint of the county assessor or his deputy.
κ1969 Statutes of Nevada, Page 1453 (CHAPTER 669, AB 360)κ
of the county assessor or his deputy to give under oath or affirmation the statement required by this section, or shall give a false name, or shall refuse to give his name, or shall refuse to swear or affirm, he shall be guilty of a misdemeanor and shall be arrested upon the complaint of the county assessor or his deputy.
________
Assembly Bill No. 343Mr. Close
CHAPTER 670
AN ACT relating to wildlife; permitting private entities to maintain a zoo upon approval of the board of county commissioners or city council; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.590 is hereby amended to read as follows:
503.590 1. Except as provided in this section, it is unlawful for any person, firm, partnership or corporation to maintain any zoo, menagerie or display of live wild animals, wild birds or reptiles, either native or exotic, or to exhibit as a zoo, menagerie or display any living wild animals, wild birds or reptiles, whether for compensation or otherwise.
2. Any municipal corporation, political subdivision, agency or department of the State of Nevada may apply to the department for permission to maintain and operate a zoo, menagerie or display of wild animals, wild birds or reptiles, setting forth such matters as may be required by the commission. Upon approval of the application, the applicant may maintain and conduct such zoo, menagerie or display of wild animals, wild birds or reptiles.
3. Any individual may maintain a private collection of legally obtained live wild animals, wild birds and reptiles if such collection is not maintained for public display nor as a part of or adjunct to any commercial establishment. The commission may promulgate regulations governing the maintenance of wild animals, wild birds and reptiles in captivity and may require the registration of such wildlife. If such regulations are adopted and published, no person, firm, partnership or corporation may capture or maintain a private collection of any wild animals, wild birds or reptiles except in compliance with such regulations.
4. Any person, firm, partnership or corporation may apply to the department for a license to maintain a permanently located trained animal act for public display if such act is under the supervision and control of a competent animal trainer. The department shall in its discretion determine whether an animal collection qualifies for a license under this subsection. The department may charge a fee for such license in accordance with NRS 502.240.
5. This section shall not apply to any regularly organized traveling circus, menagerie or trained act of wild animals not permanently located within the State of Nevada or to pet stores, licensed by any city or county to sell wildlife, which display the species offered for sale.
κ1969 Statutes of Nevada, Page 1454 (CHAPTER 670, AB 343)κ
within the State of Nevada or to pet stores, licensed by any city or county to sell wildlife, which display the species offered for sale.
6. Any person, firm, partnership or corporation may maintain any zoo, menagerie or display of live wild animals, wild birds or reptiles, either native or exotic, after first receiving approval from:
(a) The board of county commissioners, if located in a county outside any incorporated city.
(b) The city council or other governing body of a city, if located in a city.
The board of county commissioners or the governing body of a city shall grant a permit pursuant to this subsection only if it first finds that the proposed zoo, menagerie or display will be primarily for an educational purpose and will not be part of or adjunct to any commercial enterprise.
Sec. 2. This act shall become effective at 12:03 a.m. on July 1, 1969.
________
Assembly Bill No. 757Committee on Ways and Means
CHAPTER 671
AN ACT relating to reports of state agencies; changing the requirement for annual reports to biennial reports.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.070 is hereby amended to read as follows:
210.070 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
2. He shall be the executive and administrative head of the school, subject to administrative supervision by the director, and as such shall have the following powers and duties:
(a) To exercise general supervision of and make and revise rules and regulations for the government of the school.
(b) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.
(c) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.
(d) To make quarterly reports to the director, and to supply the director with material on which to base proposed legislation.
(e) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(f) To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.010 to 210.290, inclusive.
(g) To submit [an annual report] a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and functioning of the school, and anticipated needs of the school.
κ1969 Statutes of Nevada, Page 1455 (CHAPTER 671, AB 757)κ
1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and functioning of the school, and anticipated needs of the school.
(h) To keep the public informed in regard to the activities and operation of the school, and to disseminate other information which will acquaint the public with juvenile correctional problems.
Sec. 2. NRS 210.480 is hereby amended to read as follows:
210.480 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
2. He shall be the executive and administrative head of the school, subject to administrative supervision by the director, and as such shall have the following powers and duties:
(a) Exercise general supervision of and make and revise rules and regulations for the government of the school.
(b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.
(c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.
(d) Make quarterly reports to the director, and supply the director with material on which to base proposed legislation.
(e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.720, inclusive.
(g) Submit [an annual report] a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and functioning of the school, and anticipated needs of the school.
(h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems pertaining to females.
Sec. 3. (Deleted by amendment.)
Sec. 4. (Deleted by amendment.)
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 228.100 is hereby amended to read as follows:
228.100 1. [Annually, on January 1,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the attorney general shall report to the governor the condition of the affairs of his department, and in such report he shall make such suggestions as shall appear to him calculated to improve the laws of the state.
2. The attorney general shall communicate to the governor or either branch of the legislature, when requested, any information concerning his office.
Sec. 7. NRS 231.060 is hereby amended to read as follows:
231.060 The councils shall be to the director advisory bodies only, and as such shall have the following advisory powers and duties:
κ1969 Statutes of Nevada, Page 1456 (CHAPTER 671, AB 757)κ
1. To be informed on and interested in the entire field of economic development of the state.
2. To advise the director concerning the organization and administration of the department.
3. To report to the governor [annually] before September 1 of each even-numbered year, for the biennium ending June 30 of such year, on all matters which it may deem pertinent to the department, and concerning any specific matters previously requested by the governor.
4. To advise and make recommendations to the governor or the legislature relative to the economic development and publicity policies of the state.
5. To promote the coordination of tourist promotion programs conducted by the various chambers of commerce in the state.
6. To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
7. To keep minutes of transactions of each meeting, regular or special, which shall be public records and filed with the department.
Sec. 8. NRS 233C.090 is hereby amended to read as follows:
233C.090 1. The council shall stimulate throughout the state the presentation of the performing and fine arts and encourage artistic expression essential for the well-being of the arts, and shall make [an annual report] , before September 1 of each even-numbered year, a report covering the biennium ending June 30 of such year to the governor and the legislature on their progress in this regard.
2. The council is hereby authorized to:
(a) Hold public and private hearings;
(b) Enter into contracts, within the limit of funds available therefor, with:
(1) Individuals, organizations and institutions for services furthering the educational objectives of the council; and
(2) Local and regional associations for cooperative endeavors furthering the educational objectives of the councils programs;
(c) Accept gifts, contributions and bequests of unrestricted funds from individuals, foundations, corporations and other organizations and institutions for the purpose of furthering the educational objectives of the councils programs; and
(d) Make any agreement appropriate to carry out the purposes of this chapter.
3. The council shall be the sole and official agency of this state to receive and disburse any funds made available to the state by the National Foundation on the Arts pursuant to 20 U.S.C. § 954h.
4. The council may request and shall receive from any department, division, board, bureau, commission or agency of the state such assistance and data, as feasible and available, as will enable the council properly to carry out the purposes of this chapter.
Sec. 9. NRS 324.050 is hereby amended to read as follows:
324.050 1. [At the close of each fiscal year,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the state register of lands under the Carey Act shall submit to the commission a detailed report of the transactions concerning Carey Act lands.
κ1969 Statutes of Nevada, Page 1457 (CHAPTER 671, AB 757)κ
After approval of the commission, such number of copies of the report shall be printed for free distribution as the commission may direct.
2. All pending proceedings before the commission and the state engineer, except applications for permits for water rights, shall not be made public or be open to public inspection until the application for temporary withdrawal or a segregation is filed in the Bureau of Land Management.
Sec. 10. NRS 353.263 is hereby amended to read as follows:
353.263 1. As used in this section, emergency means invasion, insurrection, riot, epidemic or natural disaster.
2. There is hereby created in the general fund in the state treasury a fund account to be known as the emergency fund account. Moneys for such fund account shall be provided by direct legislative appropriation.
3. When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, by the legislature, the board may authorize the expenditure of not more than $50,000 from the emergency fund account to meet such emergency.
4. The state board of examiners shall [biennially] , before September 1 of each even-numbered year file a report covering the biennium ending June 30 of such year, with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the state board of examiners under the provisions of this section.
Sec. 11. (Deleted by amendment.)
Sec. 12. (Deleted by amendment.)
Sec. 13. NRS 396.780 is hereby amended to read as follows:
396.780 The director and the board of regents shall make a report to the governor [at the end of each fiscal year.] before September 1 of each even-numbered year covering the biennium ending June 30 of such year. The governor shall transmit all annual reports to the legislature.
Sec. 14. NRS 397.070 is hereby amended to read as follows:
397.070 The commission shall:
1. Keep accurate accounts of its activities.
2. Report to the governor and the legislature [on August 1] before September 1 of any year preceding a regular session of the legislature, setting forth in detail the transactions conducted by it during the [period since its last report.] biennium ending June 30 of such year.
3. Make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states.
Sec. 15. NRS 408.220 is hereby amended to read as follows:
408.220 [Annually,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, and at such other times as the board may designate, the engineer shall report all the proceedings of the department to the board.
Sec. 16. NRS 423.100 is hereby amended to read as follows:
423.100 The superintendent shall:
1. Make [a biennial report] a report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the director of the condition, operation and function of the Nevada state childrens home.
κ1969 Statutes of Nevada, Page 1458 (CHAPTER 671, AB 757)κ
to the director of the condition, operation and function of the Nevada state childrens home.
2. Make reports to the state welfare board.
Sec. 17. NRS 451.370 is hereby amended to read as follows:
451.370 The committee shall keep full and complete minutes of each meeting of the committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom such bodies may be distributed. Such minutes and records shall be open at all times to the inspection of each member of the committee and of the district attorney of any county within the state. A report of the activities of the committee shall be made [annually] before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the presidents of the University of Nevada System and to the state board of health. One of the University of Nevada System committee members shall act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.
Sec. 18. NRS 477.050 is hereby amended to read as follows:
477.050 The state fire marshal shall [annually] before September 1 of each even-numbered year, for the biennium ending June 30 of such year, transmit to the governor a full report of his proceedings and such statistics as he may wish to include therein. He shall also recommend any amendments to the law which, in his judgment, are desirable.
Sec. 19. NRS 514.070 is hereby amended to read as follows:
514.070 1. The board of regents shall cause to be prepared [an annual report] before September 1 of each even-numbered year a report covering the biennium ending June 30 of such year, showing the progress and condition of the bureau of mines, together with such other information as the board may deem necessary or useful, or as the board may require.
2. The regular and special reports of the bureau of mines shall be printed as the board of regents may direct, and the reports may be distributed or sold by the board as the interest of the state or science may demand. All moneys obtained by the sale of such reports shall be paid into the state treasury.
Sec. 20. NRS 615.180 is hereby amended to read as follows:
615.180 1. The administrator shall:
(a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the division;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;
(d) Prepare and submit to the governor, through the director, [annual] before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and [, prior to each regular session of the legislature,] estimates of sums required to carry out the purposes of this chapter.
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
κ1969 Statutes of Nevada, Page 1459 (CHAPTER 671, AB 757)κ
cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 21. NRS 625.160 is hereby amended to read as follows:
625.160 [Annually, on or before July 1,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall report to the fiscal analyst of the legislative counsel bureau all certificates issued or renewed.
Sec. 22. NRS 633.040 is hereby amended to read as follows:
633.040 1. The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of licenses to practice osteopathy and surgery. The record shall be open to public inspection at all reasonable times. The record shall also contain the name, known place of business and residence, and the date and number of the license of every registered osteopath.
2. The board shall file [an annual] before September 1 of each even-numbered year, for the biennium ending June 30 of such year, a statement covering its records so kept with the secretary of state.
Sec. 23. NRS 637.080 is hereby amended to read as follows:
637.080 [On June 30 of each year,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall submit to the attorney general a written report. The report shall include:
1. The names of all ophthalmic dispensers to whom licenses have been granted as provided in this chapter.
2. Any cases heard and decisions rendered by the board.
3. The recommendations of the board as to future policies.
Each member of the board shall review and sign the report before it is submitted to the attorney general.
Sec. 24. NRS 639.060 is hereby amended to read as follows:
639.060 [Annually,] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall report to the governor upon the condition of pharmacy in the State of Nevada. The report shall contain:
1. A full and complete record of the proceedings of the board for the year.
2. The names of all pharmacists registered under this chapter.
3. A complete statement of all fees received.
Sec. 25. NRS 644.160 is hereby amended to read as follows:
644.160 The board shall make a written [annual] report to the governor before September 1 of each even-numbered year for the biennium ending June 30 of such year concerning the condition, in this state, of cosmetology and the branches thereof. The report shall contain a brief reference to the proceedings had by or before the board in carrying out the provisions of this chapter for the [year] period last past.
Sec. 26. NRS 653.100 is hereby amended to read as follows:
653.100 1. [Annually] Before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the board shall make a written report to the governor which shall include the results of an annual audit of the finances of the board.
κ1969 Statutes of Nevada, Page 1460 (CHAPTER 671, AB 757)κ
a written report to the governor which shall include the results of an annual audit of the finances of the board.
2. A copy of such [annual] report shall be mailed to each registered public health sanitarian.
Sec. 27. NRS 673.042 is hereby amended to read as follows:
673.042 1. The commissioner shall [make an annual] , before September 1 of each even-numbered year for the biennium ending June 30 of such year, report to the governor on or before July 1 of each year. The report shall:
(a) Show the condition of all associations reporting to or examined by the commissioner.
(b) Be accompanied by a detailed statement of all moneys received by the commissioner since his last report and the disposition of such moneys.
2. Copies of the reports shall be furnished to each association or company licensed under the provisions of this chapter.
Sec. 28. NRS 680.070 is hereby amended to read as follows:
680.070 [Annually,] Before September 1 of each even-numbered year for the biennium ending June 30 of such year, the commissioner shall report to the director abstracts of all statements received, together with such suggestions as may be pertinent.
Sec. 29. This act shall become effective at 12:04 a.m. on July 1, 1969.
________
Senate Bill No. 526Committee on Federal, State and Local Governments
CHAPTER 672
AN ACT fixing the annual salaries of the elected officers of the counties of this state and Carson City on and after January 4, 1971; repealing certain acts; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. On and after January 4, 1971, the elected officers of the counties of this state shall receive annual salaries in the amounts specified in the following table. Such annual salaries shall not be increased or diminished during the term for which such county officers have been elected. The annual salaries shall be in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties shall be paid into the county treasury each month without deduction of any nature.
κ1969 Statutes of Nevada, Page 1461 (CHAPTER 672, SB 526)κ
|
ANNUAL SALARIES AFTER JANUARY 4, 1971 |
|||||||
|
County |
County Commissioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
|
Class 1-Clark...... |
$8,400 |
$22,000 |
$21,000 |
$18,000 |
$18,000 |
$18,000 |
$18,000 |
|
Class 2-Washoe.. |
7,800 |
20,500 |
19,000 |
17,500 |
17,500 |
17,500 |
17,500 |
|
Class 3-Carson City Elko..... |
4,500 4,500 |
14,600 14,000 |
14,000 15,000 |
14,000 14,000 |
14,000 14,500 |
14,000 14,000 |
14,000 |
|
Class 4-Douglas. |
4,200 |
11,600 |
11,600 |
11,600 |
11,600 |
11,600 |
|
|
Class 5-White Pine |
4,000 |
10,600 |
11,400 |
10,600 |
10,600 |
10,600 |
10,600 |
|
Class 6-Humboldt............. |
4,000 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
|
Lyon.... |
4,000 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
|
|
Nye...... |
4,800 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
|
|
Class 7-Churchill |
3,900 |
9,600 |
9,600 |
9,600 |
9,600 |
9,600 |
|
|
Mineral |
3,900 |
9,600 |
9,600 |
9,600 |
9,600 |
9,600 |
|
|
Class 8-Pershing |
3,600 |
9,200 |
9,200 |
9,200 |
9,200 |
9,200 |
|
|
Eureka |
3,600 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
|
|
Lander |
3,600 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
|
Lincoln |
3,600 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
|
Class 9-Esmeralda............ |
3,000 |
8,400 |
8,400 |
8,400 |
----------- |
8,400 |
|
|
Storey.. |
3,000 |
8,400 |
8,400 |
8,400 |
8,400 |
8,400 |
|
κ1969 Statutes of Nevada, Page 1462 (CHAPTER 672, SB 526)κ
Sec. 2. NRS 122.130 is hereby amended to read as follows:
122.130 1. Every person solemnizing a marriage shall make a record thereof, and within 30 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.
2. The certificate may be in the following form:
|
State of Nevada
County of...................................... |
} |
ss. |
This is to certify that the undersigned, a minster of the gospel, (judge, justice of the peace of ............................ County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ............. day of ..........................., A.D. 19......, at ..................... (address or church) ................................, ............................. (city) ..........................., join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F. and G.H., witnesses.
............................
Title
3. All certificates shall be recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he shall receive the fees designated in subsection 2 of NRS 122.060. All such fees shall be deposited in the county general fund.
Sec. 3. NRS 244.045 is hereby amended to read as follows:
244.045 Each county commissioner shall receive [such compensation as is fixed by law.] an annual salary in the amount specified in section 1 of this act.
Sec. 4. NRS 245.045 is hereby amended to read as follows:
245.045 [Except as otherwise provided by law, boards] Boards of county commissioners [shall] have authority to fix the salaries of all appointive county officers and employees [.] by the enactment of ordinances or the adoption of resolutions.
Sec. 5. NRS 245.050 is hereby amended to read as follows:
245.050 [Notwithstanding any present law of this state to the contrary, all] All county officers and regular and temporary employees of the counties shall be paid their salaries as fixed by law, ordinance or resolution in two equal semimonthly payments. The first semimonthly payment for each month shall be for the first half of that particular month, and the second semimonthly payment shall be for the last half of the month; but the first half of the monthly salary shall not be paid before the 15th day of that month and the second half thereof before the last day of that month.
Sec. 6. NRS 246.030 is hereby amended to read as follows:
246.030 1. All county clerks are authorized to appoint deputies, who shall have power to transact all official business appertaining to the office, to the same extent as their principals.
2. County clerks shall be responsible [for the compensation of their deputies, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same.
κ1969 Statutes of Nevada, Page 1463 (CHAPTER 672, SB 526)κ
malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by county clerks.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the principal legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
Sec. 7. NRS 246.050 is hereby amended to read as follows:
246.050 County clerks shall receive [such compensation as is provided by law.] annual salaries in the amounts specified in section 1 of this act.
Sec. 8. NRS 246.070 is hereby amended to read as follows:
246.070 The several county clerks, who are ex officio clerks of the [courts of record,] district courts, and who are or may be authorized and empowered by any act of Congress to take and certify affidavits, applications and proofs for or relating to the location of the public lands of the United States, [are hereby authorized to] may not retain for their own use the fees and compensations allowed for such services [.] but shall deposit the same in the county general fund.
Sec. 9. NRS 247.030 is hereby amended to read as follows:
247.030 County recorders shall receive [such compensation as is provided by law.] annual salaries in the amounts specified in section 1 of this act.
Sec. 10. NRS 247.040 is hereby amended to read as follows:
247.040 1. All county recorders are authorized to appoint deputies, who shall have power to transact all official business appertaining to the office, to the same extent as their principals.
2. County recorders shall be responsible [for the compensation of their deputies, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by county recorders.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the county recorder legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
Sec. 11. NRS 247.060 is hereby amended to read as follows:
247.060 A county recorder is empowered to take and certify the acknowledgment and proof of all conveyances affecting any real property, or of any other written instrument, for which he shall receive the same fees as are [now] prescribed by law. All such fees shall be deposited in the county general fund.
κ1969 Statutes of Nevada, Page 1464 (CHAPTER 672, SB 526)κ
Sec. 12. NRS 247.310 is hereby amended to read as follows:
247.310 1. Except as otherwise provided by law, county recorders shall charge the following fees for recording certificates of proof of labor on mining claims:
For recording any such certificates that embrace therein one claim ..................................................................................................... $0.50
For each additional mining claim embraced in the certificate .................................................................................. .25
2. If any certificate shall contain more than 100 words, an additional fee of 30 cents shall be charged for each 100 words or fractional part thereof in excess of the first 100 words.
3. County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month. [, except fees which may be retained as compensation.]
Sec. 13. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Sheriffs shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 14. NRS 249.010 is hereby amended to read as follows:
249.010 1. [County] Except as provided in subsection 3, county treasurers shall be elected by the qualified electors of their respective counties.
2. County treasurers shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the 1st Monday of January subsequent to their election.
3. The county clerks of Churchill, Douglas, Esmeralda, Eureka, Lyon, Mineral, Nye, Pershing and Storey counties are ex officio county treasurers of their respective counties. The clerk of Carson City is the ex officio treasurer of Carson City.
Sec. 15. Chapter 249 of NRS is hereby amended by adding thereto a new section which shall read as follows:
County treasurers shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 16. NRS 250.010 is hereby amended to read as follows:
250.010 1. [County] Except as provided in subsection 3, county assessors shall be elected by the qualified electors of their counties.
2. County assessors shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their offices on the 1st Monday of January subsequent to their election.
3. The sheriff of Esmeralda County is the ex officio county assessor of Esmeralda County.
Sec. 17. NRS 250.050 is hereby amended to read as follows:
250.050 County assessors shall receive [the compensation provided by law.] annual salaries in the amounts specified in section 1 of this act.
Sec. 18. NRS 250.060 is hereby amended to read as follows:
250.060 1. All county assessors are authorized to appoint deputies, who shall have power to transact all official business appertaining to the offices, to the same extent as the county assessors.
κ1969 Statutes of Nevada, Page 1465 (CHAPTER 672, SB 526)κ
who shall have power to transact all official business appertaining to the offices, to the same extent as the county assessors.
2. County assessors shall be responsible [for the compensation of their duties, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by county assessors.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the county assessor legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
Sec. 19. NRS 251.070 is hereby amended to read as follows:
251.070 1. County auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For filing treasurers receipts and issuing licenses, to be paid by the party......................................................... $0.50 $0.25
For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio................................ .30 .20
For filing and endorsing each paper...................... .25 .20
2. County auditors shall receive no fees for filing and endorsing the property schedules rendered them by the county assessors.
3. County auditors shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month. [, except fees which may be retained as compensation.]
4. The auditor of Carson City shall be allowed the same fees as are allowed county auditors in counties wherein the total vote at the last general election did not exceed 800.
Sec. 20. NRS 252.040 is hereby amended to read as follows:
252.040 [The district attorney shall receive such compensation as is authorized by law.] District attorneys shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 21. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who shall have power to transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys shall be responsible [for the compensation of their deputies, and shall be responsible] on their official bonds for all official malfeasance or nonfeasance of the same.
κ1969 Statutes of Nevada, Page 1466 (CHAPTER 672, SB 526)κ
official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
4. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any such person appointed shall be fixed by the board of county commissioners.
Sec. 22. Chapter 252 of NRS is hereby amended by adding thereto a new section which shall read as follows:
District attorneys may engage in the private practice of law.
Sec. 23. NRS 253.010 is hereby amended to read as follows:
253.010 1. [Public] Except as provided in subsection 3, public administrators shall be elected by the qualified electors of their respective counties.
2. Public administrators shall be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.
3. The district attorneys of Lincoln and White Pine counties are ex officio public administrators of Lincoln County and White Pine County, respectively. The recorder of Carson City shall serve as public administrator of Carson City.
Sec. 24. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administration of the estates of deceased persons, public administrators shall be paid as other administrators or executors are paid. The district attorneys of Lincoln and White Pine counties as ex officio public administrators and the recorder of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.
2. The public administrator may be compensated by the court for services performed in preserving the personal property of an estate of a deceased person prior to the appointment of an administrator.
Sec. 25. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
κ1969 Statutes of Nevada, Page 1467 (CHAPTER 672, SB 526)κ
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) An inspector of mines.
(n) Other officers whose elections are provided for by law.
(o) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor [.] , except where otherwise provided by law.
(6) One county treasurer [.] , except where otherwise provided by law.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex officio county auditor in counties having a population of less than 80,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(10) Justices of the peace.
(11) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 26. NRS 364.020 is hereby amended to read as follows:
364.020 The sheriff, as ex officio license collector, shall [receive, and is hereby authorized to retain (except when he is required to turn the same in to the county treasury for county purposes), as compensation for the collection of licenses, 6 percent of the gross amount on each business license sold.] deposit the gross amount on each business license sold in the county general fund.
Sec. 27. Section 2.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 2.010 Board of supervisors: Qualifications; election; term of office; salary.
1. The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.
2. The mayor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within Carson City and a taxpayer on real property located within Carson City.
3. Each supervisor shall be:
κ1969 Statutes of Nevada, Page 1468 (CHAPTER 672, SB 526)κ
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within the ward which he represents and a taxpayer on real property located within Carson City.
(c) A resident of the ward which he represents, except that changes effected in ward boundaries pursuant to the provisions of section 1.060 shall not affect the right of any elected supervisor to continue in office for the term for which he was elected.
4. All supervisors, including the mayor, shall be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.
5. The supervisors, [except the mayor, shall receive a salary of $3,000 per year.] including the mayor, shall receive annual salaries in the amount specified in section 1 of this act.
Sec. 28. Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.010 Mayor: Duties.
1. The mayor shall:
(a) Serve as a member of the board and preside over its meetings.
(b) Be recognized as the head of the Carson City government for all ceremonial purposes and by the governor for purposes of military law.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.
(d) Perform such other duties as may be prescribed by ordinance or by provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.
2. The mayor shall receive [a salary of $3,600 per year.] an annual salary as provided in section 2.010.
Sec. 29. Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and countersign all licenses issued by Carson City. All licenses shall be in a form devised by the clerk and approved by the board.
(e) Establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office. He shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual outstanding indebtedness of Carson City.
(f) Enter upon the journal the result of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
κ1969 Statutes of Nevada, Page 1469 (CHAPTER 672, SB 526)κ
the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(g) Act as ex officio treasurer. The provisions of chapter 249 of NRS shall apply to the clerk while acting in such capacity.
(h) Perform such other duties as may be required by the board, or by provisions of Nevada Revised Statutes which apply to a county clerk.
3. The clerk shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.
Sec. 30. Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.040 Recorder and auditor: Duties; salary.
1. The provisions of chapter 247 of NRS apply to the recorder and auditor.
2. Such official shall:
(a) Serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator. The provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.
(b) Extend the taxes on the assessment roll without any additional compensation.
(c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders or auditors.
3. No fees may be charged by the recorder and auditor except as provided by law and all such fees are payable in advance, if demanded. If such official does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.
4. The recorder and auditor is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of supervisors, subject to the following conditions:
(a) That the mechanical device shall be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents.
(c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
(d) That no facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.
5. The recorder and auditor shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.
Sec. 31. Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.050 Assessor: Duties; salary.
1. The provisions of chapter 250 of NRS apply to the office of assessor.
κ1969 Statutes of Nevada, Page 1470 (CHAPTER 672, SB 526)κ
2. The assessor shall perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county assessors.
3. The assessor shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.
Sec. 32. Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.060 Sheriff: Duties; salary.
1. The provisions of chapter 248 of NRS apply to the office of sheriff.
2. The sheriff shall:
(a) Diligently enforce all ordinances of Carson City.
(b) Collect all amounts due on delinquent licenses and pay the amount collected to the treasurer.
(c) Perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county sheriffs.
3. The sheriff shall not be answerable upon his official bond for the conduct of deputies appointed under the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.
4. The sheriff shall receive [a salary of $13,200 per year.] an annual salary in the amount specified in section 1 of this act.
Sec. 33. Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.070 District attorney: Duties; salary.
1. The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City.
2. The district attorney shall perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county district attorneys.
3. The district attorney shall receive [a salary of $13,800 per year.] an annual salary in the amount specified in section 1 of this act.
Sec. 34. NRS 245.060 is hereby amended to read as follows:
245.060 1. When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include actual living expenses, [computed as provided in NRS 281.160,] but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 10 cents per mile so traveled.
2. All claims for traveling expenses and subsistence allowances shall be approved by the board of county commissioners before payment.
Sec. 35. NRS 244.257 is hereby repealed.
Sec. 36. The following acts and all acts amendatory thereof are hereby expressly repealed:
κ1969 Statutes of Nevada, Page 1471 (CHAPTER 672, SB 526)κ
1. Chapter 183, Statutes of Nevada 1953, at page 213, entitled An Act fixing the salaries of and providing for the reimbursement for travel of certain officers of Douglas County, Nevada; providing that the board of county commissioners shall fix the salaries of certain deputies and clerical employees of the county; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved March 21, 1953.
2. Chapter 205, Statutes of Nevada 1957, at page 295, entitled An Act fixing the compensation of the county officers of Elko County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; and repealing all acts and parts of acts in conflict herewith, approved March 25, 1957.
3. Chapter 95, Statutes of Nevada 1953, at page 91, entitled An Act concerning Lincoln county officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 13, 1953.
4. Chapter 439, Statutes of Nevada 1959, at page 774, entitled An Act fixing the compensation of the county officers of Mineral County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; providing for travel expenses; repealing certain acts in conflict herewith; and providing other matters properly relating thereto, approved April 6, 1959.
5. Chapter 423, Statutes of Nevada 1965, at page 1143, entitled An Act fixing the compensation of certain Nye County officers; providing for the appointment of deputies, assistants, clerks and stenographers; providing for travel expenses; to repeal chapter 26, Statutes of Nevada 1953, as amended, relating to the compensation and fees of Nye County officers; and providing other matters properly relating thereto, approved April 13, 1965.
6. Chapter 396, Statutes of Nevada 1963, at page 981, entitled An Act fixing minimum and maximum salary limitations for the elected county officers of Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies of officers of such county; repealing chapter 376, Statutes of Nevada 1957, as amended; and providing other matters properly relating thereto, approved April 19, 1963.
7. Chapter 309, Statutes of Nevada 1963, at page 569, entitled An Act fixing the compensation of the county officers of Pershing County, Nevada; empowering the board of county commissioners of Pershing County, Nevada, to authorize the employment of deputies, clerks and assistants by county officers and providing for the allowance of compensation for such employment; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved April 10, 1963.
8. Chapter 75, Statutes of Nevada 1957, at page 107, entitled An Act fixing the compensation of the county officers of Storey County, Nevada, and regulating the employment and compensation of deputies and other employees of such offices, and repealing all acts and parts of acts in conflict herewith, approved March 12, 1957.
9. Chapter 392, Statutes of Nevada 1965, at page 1019, entitled An Act fixing the salaries of certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 239, Statutes of Nevada 1963, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto, approved April 13, 1965.
κ1969 Statutes of Nevada, Page 1472 (CHAPTER 672, SB 526)κ
for the appointment of deputies and for travel expenses; to repeal chapter 239, Statutes of Nevada 1963, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto, approved April 13, 1965.
Sec. 37. This act shall become effective on January 4, 1971.
________
Senate Bill No. 550Committee on Federal, State and Local Governments
CHAPTER 673
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 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 2.010 Board of supervisors: Qualifications; election; term of office; salary.
1. The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.
2. The mayor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within Carson City and a taxpayer on real property located within Carson City.
3. Each supervisor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within the ward which he represents and a taxpayer on real property located within Carson City.
(c) A resident of the ward which he represents, except that changes effected in ward boundaries pursuant to the provisions of section 1.060 shall not affect the right of any elected supervisor to continue in office for the term for which he was elected.
4. All supervisors, including the mayor, shall be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.
5. The supervisors, excluding the mayor, [are each entitled to] shall receive [an initial] a salary of $3,000 per year. [The board of supervisors may set the annual salary of the supervisors by ordinance at not less than $2,400 nor more than $3,000.]
Sec. 2. Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.010 Mayor: Duties.
1. The mayor shall:
κ1969 Statutes of Nevada, Page 1473 (CHAPTER 673, SB 550)κ
(a) Serve as a member of the board and preside over its meetings.
(b) Be recognized as the head of the Carson City government for all ceremonial purposes and by the governor for purposes of military law.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.
(d) Perform such other duties as may be prescribed by ordinance or by provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.
2. The mayor [is entitled to] shall receive [an initial] a salary of $3,600 per year. [The board of supervisors may set the annual salary of the mayor by ordinance at not less than $3,000 nor more than $3,600.]
Sec. 3. Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and countersign all licenses issued by Carson City. All licenses shall be in a form devised by the clerk and approved by the board.
(e) Establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office. He shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual outstanding indebtedness of Carson City.
(f) Enter upon the journal the result of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(g) Act as ex officio treasurer. The provisions of chapter 249 of NRS shall apply to the clerk while acting in such capacity.
(h) Perform such other duties as may be required by the board, or by provisions of Nevada Revised Statutes which apply to a county clerk.
3. The clerk [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the clerk by ordinance at not less than $10,500 nor more than $15,500.]
Sec. 4. Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.040 Recorder and auditor: Duties; salary.
1. The provisions of chapter 247 of NRS apply to the recorder and auditor.
2. Such official shall:
(a) Serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator. The provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.
κ1969 Statutes of Nevada, Page 1474 (CHAPTER 673, SB 550)κ
provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.
(b) Extend the taxes on the assessment roll without any additional compensation.
(c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders or auditors.
3. No fees may be charged by the recorder and auditor except as provided by law and all such fees are payable in advance, if demanded. If such official does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.
4. The recorder and auditor is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of supervisors, subject to the following conditions:
(a) That the mechanical device shall be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents.
(c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
(d) That no facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.
5. The recorder and auditor [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the recorder and auditor by ordinance at not less than $10,000 nor more than $15,500.]
Sec. 5. Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.050 Assessor: Duties; salary.
1. The provisions of chapter 250 of NRS apply to the office of assessor.
2. The assessor shall perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county assessors.
3. The assessor [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the assessor by ordinance at not less than $10,500 nor more than $15,500.]
Sec. 6. Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.060 Sheriff: Duties; salary.
1. The provisions of chapter 248 of NRS apply to the office of sheriff.
2. The sheriff shall:
(a) Diligently enforce all ordinances of Carson City.
κ1969 Statutes of Nevada, Page 1475 (CHAPTER 673, SB 550)κ
(b) Collect all amounts due on delinquent licenses and pay the amount collected to the treasurer.
(c) Perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county sheriffs.
3. The sheriff shall not be answerable upon his official bond for the conduct of deputies appointed under the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.
4. The sheriff [is entitled to] shall receive [an initial] a salary of $13,200 per year. [The board of supervisors may set the annual salary of the sheriff by ordinance at not less than $10,500 nor more than $15,500.]
Sec. 7. Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3.070 District attorney: Duties; salary.
1. The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City.
2. The district attorney shall perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county district attorneys.
3. The district attorney [is entitled to] shall receive [an initial] a salary of $13,800 per year. [The board of supervisors may set the annual salary of the district attorney by ordinance at not less than $10,500 nor more than $15,500.]
Sec. 8. This act shall become effective at 12:03 a.m. on July 1, 1969, and shall expire by limitation at 12 p.m. on January 3, 1971.
________
Assembly Bill No. 804Committee on Judiciary
CHAPTER 674
AN ACT relating to public defenders; requiring the creation of the office of public defender in counties having a population of 75,000 or more; and providing other matters properly relating thereto.
[Approved April 29, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 260.010 is hereby amended to read as follows:
260.010 1. [The] In counties having a population of 75,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the boards of county commissioners shall create by ordinance the office of public defender. In counties having a population of less than 75,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of public defender.
κ1969 Statutes of Nevada, Page 1476 (CHAPTER 674, AB 804)κ
2. The office of public defender when created shall be filled by appointment by the board of county commissioners.
3. The public defender shall serve at the pleasure of the board of county commissioners.
________
Assembly Bill No. 271Committee on Transportation
CHAPTER 675
AN ACT relating to traffic laws; defining certain terms; establishing traffic controls; requiring certain accident reports; prohibiting intoxicated, reckless and other types of driving; permitting emergency vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 191, inclusive, of this act.
Sec. 2. As used in chapter 484, unless the context otherwise requires, the words and terms defined in sections 3 to 74, inclusive, of this act have the meaning ascribed to them in such sections.
Sec. 3. Alley means a highway:
1. Within a city block set apart for public use, vehicular traffic and local convenience.
2. Which primarily services access to the rear entrance of abutting property.
3. Designed for the special accommodation of abutting property, but not a cul-de-sac.
Sec. 4. Authorized emergency vehicle means a vehicle permitted to depart from certain traffic laws when equipped and operated in the manner provided by law.
Sec. 5. Bicycle means a device propelled by human power upon which a person may ride, having two tandem wheels either of which is over 14 inches in diameter, or every such device generally recognized as a bicycle though equipped wth two front or two rear wheels.
Sec. 6. Bus means a vehicle owned by the state, a political subdivision or a private school or nursery, designed for carrying more than 10 passengers and used for the transportation of persons, or a vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
Sec. 7. Bus stand means a fixed area in or adjacent to the highway to be occupied exclusively by buses for layover and operating schedules or in receiving or discharging passengers.
Sec. 8. Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
κ1969 Statutes of Nevada, Page 1477 (CHAPTER 675, AB 271)κ
Sec. 9. Center or centerline means a continuous or broken line marked upon the surface of a highway by paint or otherwise to indicate each portion of a highway allocated to traffic proceeding in the two opposite directions, and, if a line is not marked, it is an imaginary line in the highway equally distant from the edges or curbs of the highway.
Sec. 10. Central business district means all highways within the area described as such by an ordinance of an incorporated city.
Sec. 11. City means any incorporated city or town, whether incorporated under general or special law.
Sec. 12. Combination of vehicles means two or more vehicles coupled together.
Sec. 13. Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property.
Sec. 14. Common carrier means every common carrier of passengers operating between fixed termini, over regular routes and on fixed schedules.
Sec. 15. Controlled-access highway means every highway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in such manner as may be determined by a public authority.
Sec. 16. Crosswalk means:
1. That part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traveled portions of highways; or
2. Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Sec. 17. Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Sec. 18. Department of highways means the department of highways of the State of Nevada.
Sec. 19. Double parking or double standing or double stopping means the parking, standing or stopping of a vehicle upon the highway side of another vehicle parking, standing or stopping, but not illegally within or adjacent to an open parking space.
Sec. 20. Driver means every person who drives or is in actual physical control of a vehicle.
Sec. 21. Explosives means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
Sec. 22. Farm tractor means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
κ1969 Statutes of Nevada, Page 1478 (CHAPTER 675, AB 271)κ
Sec. 23. Flammable liquid means any liquid which has a flash point of 70° F., or less, as determined by a tagliabue or equivalent closed-cup test device.
Sec. 24. Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
Sec. 25. Highway means the entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.
Sec. 26. House coach means a motor vehicle which is designed, constructed and equipped as a dwelling place or living abode, either permanently or temporarily.
Sec. 27. House trailer means:
1. A trailer or a semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on a highway; or
2. A trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subsection 1, but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.
Sec. 28. Intersection means:
1. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
2. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
3. The junction of an alley with a street, road or highway shall not constitute an intersection.
Sec. 29. Laned highway means a highway which is divided into two or more clearly marked lanes for vehicular traffic.
Sec. 30. License to drive a motor vehicle means any license or permit to drive a motor vehicle issued under the laws of this state, including:
1. Any temporary license or instruction permit.
2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.
3. Any nonresidents driving privilege.
Sec. 31. Local authority means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances or promulgate regulations relating to traffic over a highway.
κ1969 Statutes of Nevada, Page 1479 (CHAPTER 675, AB 271)κ
Sec. 32. Motor vehicle means every vehicle which is self-propelled but not operated upon rails.
Sec. 33. Motorcycle means every motor vehicle equipped with a seat or a saddle for the use of the driver and propelled by a motor or engine of more than 70 cc. displacement which produces more than 6 1/2 horsepower, and is designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
Sec. 34. Nonresident means every person who is not a resident of this state.
Sec. 35. Nonresidents driving privilege means the privilege conferred upon a nonresident by the laws of this state pertaining to the driving by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.
Sec. 36. Official traffic-control device means every sign, signal, marking and device not inconsistent with this chapter or prohibited by law, placed or erected by a public authority for the purpose of regulating, warning or guiding traffic.
Sec. 37. Owner means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
Sec. 38. Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers.
Sec. 39. Parking meter means a mechanical timing device authorized by an ordinance of a municipality to be used for the purpose of regulating parking.
Sec. 40. Passenger curb loading zone means an area adjacent to a curb or edge of a highway reserved for the exclusive use of vehicles during the loading or unloading of passengers.
Sec. 41. (Deleted by amendment.)
Sec. 42. Pedestrian means any person afoot.
Sec. 43. Person means every natural person, firm, copartnership, association or corporation.
Sec. 44. Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic laws, ordinances or regulations.
Sec. 45. Power cycle means every motor vehicle equipped with a seat or saddle for the use of the driver and propelled by a motor or engine of 70 cc. displacement or less which produces not to exceed 6 1/2 horsepower at the rear wheel under full throttle, without a governor or other restriction on the intake or exhaust passages, and designed to travel on not more than three wheels in contact with the ground.
Sec. 46. Private way or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
Sec. 47. Public authority means the department of highways or the local authority having jurisdiction to enact laws or ordinances or promulgate regulations relating to traffic over a highway.
κ1969 Statutes of Nevada, Page 1480 (CHAPTER 675, AB 271)κ
local authority having jurisdiction to enact laws or ordinances or promulgate regulations relating to traffic over a highway.
Sec. 48. (Deleted by amendment.)
Sec. 49. Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
Sec. 50. Railroad sign or railroad signal means any sign, signal or device erected by a public authority or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
Sec. 51. Railroad train means a steam, electric or other motor engine, with or without cars coupled thereto, operated upon stationary rails, except streetcars.
Sec. 52. Residence district means the territory contiguous to a highway not comprising a business district when the frontage on such for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for residence.
Sec. 53. Revocation of drivers license means the termination by formal action of the department of motor vehicles of a persons license to drive a motor vehicle.
Sec. 54. Right of way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
Sec. 55. Road means the entire width between the boundary lines of every highway outside the territorial limits of a city and open to the use of the public for purposes of vehicular traffic.
Sec. 56. Safety zone means the area officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.
Sec. 57. School bus means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity. School bus does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada when such vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
Sec. 57.3. Security agreement means a written agreement which reserves or creates a security interest.
Sec. 57.7. Security interest means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.
Sec. 58. Semitrailer means every vehicle so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, except a pole trailer.
κ1969 Statutes of Nevada, Page 1481 (CHAPTER 675, AB 271)κ
conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, except a pole trailer.
Sec. 59. Sidewalk means that portion of a highway between the curb lines or the lateral lines of a highway and the adjacent property lines intended for the use of pedestrians.
Sec. 60. Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
Sec. 61. Stop, when required, means complete cessation from movement.
Sec. 62. Stop or stopping means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
Sec. 63. Street means the entire width between the boundary lines of every highway inside the territorial limits of a city when any part of such highway is open to the use of the public for purposes of vehicular traffic.
Sec. 64. Taxicab means a motor vehicle designed or constructed to accommodate and transport not more than six passengers, including the driver, and used to transport passengers for a charge or fee.
Sec. 65. Taxicab stand means a fixed area in a highway parallel and adjacent to the curb or edge of the highway and set aside for taxicabs to stand for passengers.
Sec. 66. Through highway means every highway or portion thereof on which vehicular traffic is given the right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to either an authorized stop sign or a yield sign, or other official traffic-control device.
Sec. 67. Tow car means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to other vehicles.
Sec. 68. Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel.
Sec. 69. Traffic-control signal means any official traffic-control device, whether manually, electrically or mechanically operated, placed or erected by a public authority, by which traffic is alternately directed to stop or proceed.
Sec. 70. Trailer means every vehicle designed to be drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle, except a pole trailer.
Sec. 70.5. Traveled portion of highway means that portion of a highway improved, designed or ordinarily used for vehicular traffic, exclusive of the berm or shoulder.
Sec. 71. Truck means every motor vehicle which is used for the transportation or delivery of goods with a body built and designed for that purpose.
κ1969 Statutes of Nevada, Page 1482 (CHAPTER 675, AB 271)κ
Sec. 72. (Deleted by amendment.)
Sec. 73. Two-directional highway means a highway upon which vehicles are allowed to proceed in opposite directions.
Sec. 74. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails.
Sec. 75. The purposes of this chapter are to:
1. Establish traffic laws which are uniform throughout the State of Nevada, whether or not incorporated into local ordinances.
2. Minimize the differences between the traffic laws of the State of Nevada and those of other states.
Sec. 76. (Deleted by amendment.)
Sec. 77. 1. The provisions of this chapter are applicable and uniform throughout this state on all highways to which the public has a right of access or to which persons have access as invitees or licensees.
2. Unless otherwise provided, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of this chapter if the provisions of such ordinance are not in conflict with this chapter.
3. A local authority shall not enact an ordinance:
(a) Governing the driving of vehicles while under the influence of intoxicating liquor or drugs;
(b) Governing the registration of vehicles and the licensing of drivers;
(c) Governing the duties and obligations of persons involved in traffic accidents; or
(d) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.
4. No person convicted or adjudged guilty of a violation of a traffic ordinance shall be charged or tried in any other court in this state for the same offense.
Sec. 78. It is unlawful for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
Sec. 79. Every person riding an animal or driving any animal-drawn vehicle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except those provisions which by their nature can have no application.
Sec. 80. Unless specifically made applicable, the provisions of this chapter, except those relating to driving under the influence of drugs or intoxicating liquor as provided in section 94 of this act, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.
Sec. 81. 1. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 83 of this act.
2. Every such stop shall be made without obstructing traffic more than is necessary.
κ1969 Statutes of Nevada, Page 1483 (CHAPTER 675, AB 271)κ
3. Any person failing to comply with the provisions of subsection 1 is guilty of a felony.
Sec. 82. 1. The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 83 of this act.
2. Every such stop shall be made without obstructing traffic more than is necessary.
Sec. 83. 1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:
(a) Give his name, address and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident; and
(b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and
(c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
2. If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and section 81 of this act, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada highway patrol and submit thereto the information specified in subsection 1.
Sec. 84. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
Sec. 85. 1. The driver of a vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such accident to the nearest office of a police authority or of the Nevada highway patrol.
2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection 1 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.
κ1969 Statutes of Nevada, Page 1484 (CHAPTER 675, AB 271)κ
Sec. 86. 1. The driver of a vehicle which is in any manner involved in an accident, resulting in bodily injury to or death of any person or total damage to any vehicle or item of property to an apparent extent of $250 or more, shall, within 10 days after such accident, forward a written report of such accident to the department of motor vehicles.
2. The department may require any driver of a vehicle involved in an accident of which written report must be made as provided in this section to file supplemental written reports whenever the original report is insufficient in the opinion of the department.
3. A written accident report is not required under this chapter from any person who is physically incapable of making a report, during the period of such incapacity.
4. Whenever the driver is physically incapable of making a written report of an accident as required in this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within 10 days after knowledge of the accident make such report not made by the driver.
5. All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or other state agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.
6. No written reports forwarded under the provisions of this section shall be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of section 87 of this act.
Sec. 87. Any person who gives information in oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.
Sec. 88. The state registrar of vital statistics shall on or before the 10th day of each month report in writing to the department of motor vehicles the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto.
Sec. 89. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which written report must be made by the driver or owner thereof as provided in section 86 of this act, shall report to the local police department if such garage or shop is located within a city, otherwise to the office of the county sheriff or the nearest office of the Nevada highway patrol, within 24 hours after such motor vehicle is received by the garage or repair shop, giving the serial number, registration number and the name and address of the owner or operator of such vehicle.
κ1969 Statutes of Nevada, Page 1485 (CHAPTER 675, AB 271)κ
vehicle. The provisions of this section shall not apply where the local authority having jurisdiction has enacted an ordinance in substantial compliance with this section.
Sec. 90. 1. Every police officer who investigates a vehicle accident of which report must be made as required in this chapter, or who otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the department of motor vehicles within 10 days after his investigation of the accident.
2. Such written reports required to be forwarded by police officers and the information contained therein shall not be privileged or held confidential.
3. Every sheriff, chief of police or office of the Nevada highway patrol receiving any report required under sections 83 to 89, inclusive, of this act shall immediately prepare a copy thereof and forthwith file such copy with the department.
Sec. 91. 1. The department of motor vehicles shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or individuals forms for written accident reports as required in this chapter, suitable with respect to the persons required to make such reports and the purposes to be served. The written reports shall call for sufficiently detailed information to disclose with reference to a vehicle accident the cause, conditions then existing and the persons and vehicles involved.
2. Every accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all the information required therein unless not available.
Sec. 92. The department of motor vehicles shall tabulate and analyze all accident reports received in compliance with this chapter and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of vehicle accidents.
Sec. 93. (Deleted by amendment.)
Sec. 94. 1. It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.
2. It is unlawful for any person who is an habitual user of or under the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.
3. Any person who violates the provisions of this section is guilty of a misdemeanor and such persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.
κ1969 Statutes of Nevada, Page 1486 (CHAPTER 675, AB 271)κ
motor vehicles for a period of not less than 30 days nor more than 1 year.
4. Upon a subsequent conviction within 3 years for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 6 months or by both such fine and imprisonment. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
5. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
Sec. 95. 1. In any criminal prosecution for a violation of section 94 of this act relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendants blood at the time alleged as shown by chemical analysis of the defendants blood, urine, breath or other bodily substance shall give rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in the defendants blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 percent but less than 0.15 percent by weight of alcohol in the defendants blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(c) If there was at that time 0.15 percent or more by weight of alcohol in the defendants blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
2. The provisions of subsection 1 shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
Sec. 96. It is unlawful for any person to drive any vehicle in willful or wanton disregard of the safety of persons or property. A violation of this section constitutes reckless driving.
Sec. 97. (Deleted by amendment.)
Sec. 98. It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway; or
2. Such a rate of speed as to endanger the life, limb or property of any person; or
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
Sec. 99. A school bus shall not exceed a speed of 50 miles per hour when transporting pupils to and from school or a school activity.
Sec. 100. Whenever the word sign, signal, marking or device is used in this chapter with reference to an official traffic-control device regulating, warning or guiding traffic, it shall be presumed that such device was properly erected or placed by a public authority.
Sec. 101. 1. Except as provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper.
κ1969 Statutes of Nevada, Page 1487 (CHAPTER 675, AB 271)κ
power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper.
2. The department of highways may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town or city when such highways were constructed and maintained under the authority granted by chapter 408 of NRS.
Sec. 102. 1. The department of highways is authorized to prescribe speed zones, and to install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.
2. After the establishment of a speed zone and the installation of appropriate speed control signs, it is unlawful for any person to drive a motor vehicle upon the road and in such speed zone in excess of the speed therein authorized.
3. The department shall cause to be displayed, in each school zone where the department has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.
Sec. 103. 1. A person shall not drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
2. Whenever a public authority determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, such authority may establish a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.
3. Such speed limit shall be in effect after the erection of appropriate signs.
Sec. 104. If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind such vehicle, on any highway whereon a higher speed is lawful, the driver shall, when the width of the highway permits, drive to the extreme right side of the highway until such impeded traffic has passed by.
Sec. 105. 1. It is unlawful for any person to drive any vehicle equipped with solid rubber or cushion tires at a speed greater than 10 miles per hour.
2. It is unlawful for any person to drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.
3. The department of highways upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway constructed and maintained under the authority granted by chapter 408 of NRS, and if it thereupon finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.
κ1969 Statutes of Nevada, Page 1488 (CHAPTER 675, AB 271)κ
itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.
4. Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed by such department and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.
Sec. 106. 1. The department of highways shall adopt a manual and specifications for a uniform system of official traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current and approved by the American Association of State Highway Officials and the National Joint Committee on Uniform Traffic Control Devices.
2. All devices used by local authorities or the department of highways shall conform with the manual and specifications adopted by the department of highways.
Sec. 107. 1. Except as provided in subsection 2, local authorities shall place and maintain such official traffic-control devices upon highways under their jurisdiction as are determined necessary to indicate and to carry out the provisions of this chapter and to regulate, warn or guide traffic.
2. No traffic-control device shall be placed by a local authority on a highway constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS without prior approval by the department.
Sec. 108. 1. Except as provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under their jurisdiction within the reasonable exercise of the police power:
(a) Regulating or prohibiting processions or assemblages on the highways.
(b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.
(c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the same, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to such intersections.
(d) Designating truck routes.
(e) Regulating the operation of bicycles and requiring the registration and licensing thereof.
(f) Adopting such other traffic regulations as are specifically authorized by this chapter.
2. An ordinance relating to traffic control enacted under this section shall not be effective until official traffic-control devices giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.
3. An ordinance enacted under this section shall not be effective with respect to highways constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS until such ordinance has been approved by the board of directors of the department of highways.
κ1969 Statutes of Nevada, Page 1489 (CHAPTER 675, AB 271)κ
respect to highways constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS until such ordinance has been approved by the board of directors of the department of highways.
Sec. 109. 1. The department of highways with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left would be hazardous, and may by the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
2. Except as provided in subsection 3, a driver shall not drive on the left side of the highway within such zone or on the left side of any pavement striping designed to mark such zone throughout its length.
3. A driver may drive across a pavement striping marking such zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.
Sec. 110. 1. It is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer.
2. No provision of this chapter for which such devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation such device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of this chapter does not state that such devices are required, such provisions shall be effective even though no devices are erected or in place.
3. Whenever devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.
4. Any device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary is established by competent evidence.
Sec. 111. A vehicle shall not be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.
Sec. 112. 1. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
2. The driver of any truck or combination of vehicles 80 inches or more in overall width, which is following a truck, or combination of vehicles 80 inches or more in overall width, shall, whenever conditions permit, leave a space of 500 feet so that an overtaking vehicle may enter and occupy such space without danger, but this shall not prevent a truck or combination of vehicles from overtaking and passing any vehicle or combination of vehicles.
κ1969 Statutes of Nevada, Page 1490 (CHAPTER 675, AB 271)κ
combination of vehicles. This subsection does not apply to any vehicle or combination of vehicles while moving on a highway on which there are two or more lanes available for traffic moving in the same direction.
3. Motor vehicles being driven upon any highway outside of a business district in a caravan or motorcade, whether or not towing other vehicles, shall be operated to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle or combination of vehicles to enter and occupy such space without danger.
Sec. 113. 1. Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the department of highways, only the colors green, yellow and red shall be used, except for special pedestrian-control devices carrying a word legend as provided in section 117 of this act. Such lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.
2. When the signal is circular green alone:
(a) Vehicular traffic facing such a signal may proceed straight through or turn right or left unless another device at such place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in section 117 of this act.
3. Where the signal is circular green with a green turn arrow:
(a) Vehicular traffic facing such a signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but such traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time such signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in section 117 of this act.
4. Where the signal is a green turn arrow alone:
(a) Vehicular traffic facing such a signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but such traffic shall yield the right of way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.
(b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in section 117 of this act.
5. Where the signal is a green straight-through arrow alone:
(a) Vehicular traffic facing such a signal may proceed straight through, but shall not turn right or left. Such vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
κ1969 Statutes of Nevada, Page 1491 (CHAPTER 675, AB 271)κ
of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in section 117 of this act.
6. Where the signal is a steady yellow signal alone:
(a) Vehicular traffic facing such a signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection when the red signal is exhibited.
(b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in section 117 of this act, are thereby advised that there is insufficient time to cross the highway.
7. Where the signal is a steady red signal alone:
(a) Except as provided in paragraph (c) of this subsection, vehicular traffic facing such a signal shall stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicating where the stop shall be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and shall remain stopped or standing until the green signal is shown.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in section 117 of this act.
(c) Vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at such intersection.
8. Where the signal is a steady red with a green turn arrow then:
(a) Vehicular traffic facing such a signal may enter the intersection only to make the movement indicated by the green turn arrow, but shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.
(b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in section 117 of this act.
9. If a signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such device the stop shall be made at the signal.
10. Whenever signals are placed over the individual lanes of a highway, such signals shall indicate and apply to drivers of vehicles as follows:
κ1969 Statutes of Nevada, Page 1492 (CHAPTER 675, AB 271)κ
(a) A downward-pointing green arrow means that a driver facing such signal may drive in any lane over which the green signal is shown.
(b) A red X symbol means a driver facing such signal shall not enter or drive in any lane over which such red signal is shown.
Sec. 114. Whenever an illuminated flashing red or yellow signal is used in conjunction with an official traffic-control device, it shall require obedience by vehicular traffic as follows:
1. When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk in an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a required stop.
2. When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed past such signal and through the intersection or other hazardous location only with caution.
Sec. 115. 1. It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising.
2. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.
Sec. 116. A person shall not, without lawful authority, attempt to or alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.
Sec. 117. 1. Except as provided in section 118 of this act, when official traffic-control devices are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the highway within a crosswalk when the pedestrian is upon the half of the highway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the highway as to be in danger.
2. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
3. Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle until such driver has determined that the vehicle being overtaken was not stopped for the purpose of permitting a pedestrian to cross the highway.
κ1969 Statutes of Nevada, Page 1493 (CHAPTER 675, AB 271)κ
4. Whenever signals exhibiting the words Walk or Dont walk are in place, such signals shall indicate as follows:
(a) While the Walk indication is illuminated, pedestrians facing the signal may proceed across the highway in the direction of the signal and shall be given the right of way by the drivers of all vehicles.
(b) While the Dont walk indication is illuminated, either steady or flashing, a pedestrian shall not start to cross the highway in the direction of the signal, but any pedestrian who has partially completed his crossing during the Walk indication shall proceed to a sidewalk, or to a safety zone if one is provided.
(c) Whenever the word Wait still appears in a signal, such indication has the same meaning as assigned in this section to the Dont walk indication.
(d) Whenever a signal system provides a signal phase for the stopping of all vehicular traffic and the exclusive movement of pedestrians, and Walk and Dont Walk indications control such pedestrian movement, pedestrians may cross in any direction between corners of the intersection offering the shortest route within the boundaries of the intersection when the Walk indication is exhibited, and when signals and other official traffic-control devices direct pedestrian movement in such manner as provided in this section and in section 113 of this act.
Sec. 118. 1. Every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the highway.
2. Any pedestrian crossing a highway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the highway.
3. Between adjacent intersections at which official traffic-control devices are in operation pedestrians shall not cross at any place except in a marked crosswalk.
4. A pedestrian shall not cross an intersection diagonally unless authorized by official traffic-control devices.
5. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
Sec. 119. Pedestrians shall move whenever practicable upon the right half of crosswalks.
Sec. 120. 1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent highway.
2. Pedestrians walking along highways where sidewalks are not provided shall walk on the left side of such highways facing the approaching traffic.
3. A person shall not stand in a highway for the purpose of soliciting a ride or any business from the driver or any occupant of a vehicle.
4. It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.
5. The provisions of this section apply also to riders of animals.
Sec. 121. 1. Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until he can do so safely.
κ1969 Statutes of Nevada, Page 1494 (CHAPTER 675, AB 271)κ
railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
(b) A crossing gate is lowered or when a flagman gives or continues to give a signal of the approach or passage of a railroad train.
(c) A railroad train approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
(d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
2. A person shall not drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
Sec. 122. The department of highways, and local authorities with the approval of the department of highways, may designate dangerous highway grade crossings of railroads and erect official traffic-control devices at such crossings directing a stop. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such grade crossing and shall proceed only upon exercising due care.
Sec. 123. 1. It is unlawful for any person to operate or move any crawler-type tractor, power shovel, derrick, roller, or any vehicle, equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.
2. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
3. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
Sec. 124. 1. A driver shall not turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement or after giving an appropriate signal if any other vehicle may be affected by such movement.
κ1969 Statutes of Nevada, Page 1495 (CHAPTER 675, AB 271)κ
2. A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning regardless of the weather.
3. A driver shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear.
Sec. 125. Upon the immediate approach of an authorized emergency vehicle, making use of audible and visual signals meeting the requirements of section 178 of this act, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
Sec. 126. The fact that the speed of a vehicle is lower than the prescribed limits does not relieve a driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding highway, or when special hazards exist or may exist with respect to pedestrians, or other traffic or by reason of weather or other highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering a highway in compliance with legal requirements and the duty of all persons to use due care.
Sec. 127. 1. Except as otherwise provided in this section, the driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying any explosive or flammable liquid as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.
2. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.
3. When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.
4. No such stop need be made at a railroad crossing:
(a) Where a police officer or official traffic-control device controls the movement of traffic.
(b) Which is marked with a device indicating that the crossing is abandoned.
Sec. 128. 1. For the purpose of this section, a temporary roadblock means any structure, device or means used by police officers for the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.
κ1969 Statutes of Nevada, Page 1496 (CHAPTER 675, AB 271)κ
the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.
2. The police officers in this state may establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks upon the highways of this state for the purpose of apprehending persons known to such officers to be wanted for violation of the laws of this state, or of any other state, or of the United States, and using the highways of this state for the purpose of escape.
3. For the purpose of warning and protecting the traveling public, the minimum requirements to be met by such officers establishing temporary roadblocks are:
(a) The temporary roadblock shall be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.
(b) At the point of the temporary roadblock, a sign shall be placed on the centerline of the highway displaying the word Stop in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards, in both directions, either in daytime or darkness.
(c) At the same point of the temporary roadblock, at least one red light, on and burning, must be placed at the side of the highway, which shall be a flashing or intermittent beam of light, clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the temporary roadblock, warning signs shall be placed at the side of the highway, containing any wording of sufficient size and luminosity to warn the oncoming traffic that a police stop lies ahead. A burning beam light, flare or lantern shall be placed near such signs for the purpose of attracting the attention of the traffic to the sign.
4. This section does not limit the existing authority of police officers in the performance of their duties involving traffic control.
5. It is unlawful for any person to proceed or travel through a roadblock without subjecting himself to the traffic control so established.
Sec. 129. 1. The department of highways and local authorities, with reference to highways under their respective jurisdictions, may designate through highways and erect official traffic-control devices in the form of stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersections.
2. Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, shall stop at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection.
3. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the nearest side of the intersection or, if there is no crosswalk, at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway.
Sec. 130. 1. Where proper signs have been erected, the driver of a vehicle shall stop or yield at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard, but such driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on such through highway shall yield the right of way to the vehicles so proceeding into or across the through highway.
κ1969 Statutes of Nevada, Page 1497 (CHAPTER 675, AB 271)κ
vehicle shall stop or yield at the entrance to a through highway and shall yield the right of way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard, but such driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on such through highway shall yield the right of way to the vehicles so proceeding into or across the through highway.
2. The driver of a vehicle shall stop in obedience to a stop sign or yield in compliance with a yield sign at an intersection if a stop sign or a yield sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obligated to stop or yield and which are within the intersection or approaching so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
Sec. 131. The driver of a vehicle about to enter or cross a highway from a private way shall yield the right of way to all vehicles approaching on such highway.
Sec. 132. 1. The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.
2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
3. This section shall not apply at intersections controlled by official traffic-control devices or to vehicles approaching each other from opposite directions, when the driver of one of such vehicles is intended to or is making a left turn.
Sec. 133. The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle which has approached or is approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but such driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right of way to the vehicle making the left turn.
Sec. 134. When the driver of a vehicle intends to turn at an intersection:
1. When the turn is a right turn, both the approach for the right turn and the right turn shall be made as close as practicable to the right-hand curb or edge of the highway.
2. Where both intersecting highways are two-directional, the approach for a left turn shall be made in that portion of the right half of the highway nearest the centerline thereof; and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the highway being entered; and in all cases, except where otherwise directed by official traffic-control devices, simultaneous left turns by opposing traffic shall be made in front of each other.
3. When the turn is a left turn from a two-directional highway into a one-way highway, the approach for a left turn shall be made in that portion of the right half of the highway nearest the centerline thereof and the turn shall be made by turning from the right of such centerline where it enters the intersection as close as practicable to the left-hand curb of the one-way highway.
κ1969 Statutes of Nevada, Page 1498 (CHAPTER 675, AB 271)κ
and the turn shall be made by turning from the right of such centerline where it enters the intersection as close as practicable to the left-hand curb of the one-way highway.
4. When making a left turn from a one-way highway into a two-directional highway, such turn shall be made by passing to the right of the centerline of the highway being entered upon leaving the intersection, and the approach of such turn shall be made as close as practicable to the left-hand curb of the one-way highway.
5. When making a left turn where both intersecting highways are one-way, both the approach for the left turn and the left turn shall be made as close as practicable to the left-hand curb or edge of the highway.
Sec. 135. Whenever official traffic-control devices are erected indicating that no right or left turn is permitted, it is unlawful for any driver of a vehicle to disobey the directions of any such sign.
Sec. 136. The driver of a vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any highway in a business district, or any intersection controlled by an official traffic-control device. Such U-turn may be made upon any other highway only at an intersection, and then only from the right-hand side of the highway when such movement can be made in safety without interfering with other traffic, unless a local authority has prohibited such turning by ordinance. This section does not prohibit a U-turn on roads where such turns can be made with safety.
Sec. 137. A person, except when stopping, standing or parking where no parking is permitted, shall not start a vehicle which is stopped, standing or parked on a highway nor enter upon a highway unless and until such movement can be made with safety.
Sec. 138. The driver of a vehicle:
1. Shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic; and
2. Shall not back into an intersection, on or over a crosswalk, or around a street corner; and
3. Shall in every case yield the right of way to moving traffic and pedestrians.
Sec. 139. Any signal required by this chapter to be made by a driver when making a turn or a stop shall be given either by means of a hand and arm or by a signal lamp or signal device of a type approved by the department of motor vehicles, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then such signals shall be given by a signal lamp or signal device.
Sec. 140. All signals given by hand and arm shall be given by hand and arm extended beyond the left side of the vehicle in the following manner, and shall indicate the turns that follow:
1. Left turn: Hand and arm extended horizontally.
2. Right turn: Hand and arm extended upward.
3. Stop or decrease speed: Hand and arm extended downward.
4. Reentering lane of traffic from parked position: Hand and arm extended horizontally.
Sec. 141. Upon all highways of sufficient width a vehicle shall be driven upon the right half of the highway, except as follows:
κ1969 Statutes of Nevada, Page 1499 (CHAPTER 675, AB 271)κ
1. When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movements;
2. When the right half of the highway is closed to traffic;
3. Upon a highway divided into three lanes for traffic under the laws applicable thereon; or
4. Upon a highway designated and posted for one-way traffic; or
5. When the highway is not of sufficient width.
Sec. 142. Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right, and upon highways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the paved portion of the highway as nearly as possible.
Sec. 143. 1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Sec. 144. 1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the driver of the vehicle overtaken is making or signaling to make a left turn.
(b) Upon a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction.
(c) Upon any highway on which traffic is restricted to one direction of movement, where the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety.
3. The driver of a vehicle shall not overtake and pass another vehicle upon the right when such movement requires driving off the paved portion of the highway.
Sec. 145. 1. A vehicle shall not be driven to the left side of the center of a two-lane, two-directional highway and overtaking and passing another vehicle proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
2. A vehicle shall not be driven to the left side of the highway at anytime:
(a) When approaching the crest of a grade or upon a curve in the highway where the drivers view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
(b) When approaching within 100 feet or traversing any intersection or railroad grade crossing.
κ1969 Statutes of Nevada, Page 1500 (CHAPTER 675, AB 271)κ
(c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
3. Subsection 2 does not apply upon a one-way highway.
Sec. 146. 1. Upon a highway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
2. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
Sec. 147. Whenever any highway has been divided into three clearly marked lanes for traffic the following rules apply:
1. Vehicles shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
2. A vehicle shall not be driven in a center lane except:
(a) When overtaking and passing another vehicle where the highway is clearly visible and such center lane is clear of traffic for a safe distance;
(b) In preparation for a left turn; or
(c) Where such center lane is at the time allocated exclusively to traffic moving in the direction in which the vehicle is proceeding, and is posted to give notice of such allocation.
Sec. 148. Whenever any highway has been divided into two highways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand highway and a vehicle shall not be driven over, across or within any such dividing space, barrier or section nor make any left turn, semicircular turn or U-turn, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by a public authority.
Sec. 149. When official traffic-control devices are erected giving notice thereof, a person shall not drive a vehicle onto or from any controlled-access highway except at those entrances and exits which are indicated by such devices.
Sec. 150. The department of highways and local authorities may with respect to any controlled-access highway under their respective jurisdictions prohibit the use of any such highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.
Sec. 151. Upon those highways which have official traffic-control devices permitting angle parking, a person shall not stop, stand or park a vehicle other than at the angle to the curb or edge of the highway indicated by such devices.
Sec. 152. 1. Except as otherwise provided in this section, every vehicle stopped or parked upon a highway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel to and within 18 inches of the right-hand curb.
2. Local authorities may by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 18 inches of the left-hand curb of a one-way highway.
3. Local authorities may by ordinance permit angle parking on any highway, except that angle parking shall not be permitted on any highway constructed and maintained by the department of highways under the authority granted by chapter 408 of NRS unless the department has determined that such highway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
κ1969 Statutes of Nevada, Page 1501 (CHAPTER 675, AB 271)κ
determined that such highway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
4. The department of highways with respect to highways under its jurisdiction may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any such highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on such devices.
Sec. 153. 1. Except as provided in subsection 2, owners of motor vehicles displaying a special parking permit issued pursuant to NRS 482.384 may park such motor vehicles for not more than 2 hours at any one time in parking zones restricted as to the length of time parking is permitted, without penalty, removal of such vehicle or imprisonment, if such parking is otherwise consistent with public safety.
2. This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-highway parking without paying the required fee for the time during which such vehicle is so parked.
Sec. 154. (Deleted by amendment.)
Sec. 155. 1. Except as otherwise provided by law, whenever a vehicle equipped with all reflectors required by law is lawfully parked at nighttime upon any highway, no lights need be displayed upon such parked vehicle.
2. Whenever lights are displayed upon a vehicle lawfully parked at nighttime upon any highway, such lights shall be depressed or dimmed, in the event cowl or parking lamps are not used.
Sec. 156. 1. A person shall not stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or, official traffic-control device, in any of the following places:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within an intersection;
(d) Within 15 feet of a fire hydrant;
(e) On a crosswalk;
(f) Within 20 feet of a crosswalk at an intersection;
(g) Within 30 feet upon the approach to any official traffic-control signal located at the side of a highway;
(h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone.
(i) Within 50 feet of the nearest rail of a railroad;
(j) Within 20 feet of a driveway entrance to any fire station and, on the side of a highway opposite the entrance to any fire station, within 75 feet of such entrance;
(k) Alongside or opposite any highway excavation or obstruction when such stopping, standing or parking would obstruct traffic;
(l) On the highway side of any vehicle stopped or parked at the edge of or curb of a highway;
κ1969 Statutes of Nevada, Page 1502 (CHAPTER 675, AB 271)κ
(m) Upon any bridge or other elevated structure or within a highway tunnel;
(n) Within 5 feet of a public or private driveway; and
(o) At any place where official traffic-control devices prohibit stopping, standing or parking.
2. A person shall not move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.
3. A local authority may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking vehicles would unduly interfere with the free movement of traffic thereon. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on such devices.
Sec. 157. The person driving or in charge of any motor vehicle, except a commercial vehicle loading or unloading goods shall not permit it to stand unattended without first stopping the engine, locking the ignition and removing the key.
Sec. 158. A vehicle shall not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the highway.
Sec. 159. 1. A person shall not drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the drivers control over the driving mechanism of the vehicle.
2. A passenger in a vehicle shall not ride in such position as to interfere with the drivers view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
3. A vehicle shall not be operated upon any highway unless the drivers vision through any required glass equipment is normal.
Sec. 160. 1. Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave such vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.
2. This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
Sec. 161. 1. Unless otherwise provided by ordinance of the local authority having jurisdiction, a person shall not:
(a) Stop, stand or park a vehicle within an alley in a business district except for the expeditious loading or unloading of goods.
(b) Stop, stand or park a vehicle in any other alley in such a manner, or under such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traffic.
κ1969 Statutes of Nevada, Page 1503 (CHAPTER 675, AB 271)κ
or under such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traffic.
2. A person shall not stop, stand or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property.
Sec. 162. 1. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to move it to a position off the paved or improved or main, traveled part of such highway.
2. Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.
Sec. 163. Unless otherwise provided by ordinance of the local authority having jurisdiction, a person, except physicians or other persons on emergency calls, shall not park a vehicle on any highway which has an official traffic-control device prohibiting all-night parking for a period of time longer than 30 minutes between the hours of 2 a.m. and 5 a.m. of any day.
Sec. 164. No person shall park a vehicle upon any highway for the principal purpose of:
1. Displaying such vehicle for sale.
2. Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.
3. Soliciting business.
4. Selling merchandise from such vehicle except in a duly established market place, or one so authorized or licensed by the local authority.
5. Storage, or as junkage or dead storage, for more than 24 hours.
Sec. 165. When official traffic-control devices are erected giving notice thereof, a person shall not park a vehicle upon either side of any highway adjacent to any school.
Sec. 166. When official traffic-control devices are erected prohibiting parking upon a narrow highway, a person shall not park a vehicle upon any such highway.
Sec. 167. When official traffic-control devices are erected giving notice thereof, a person shall not stand or park a vehicle upon the left-hand side of a one-way street.
Sec. 168. If a laned roadway is restricted to one direction, a person shall not stand or park a vehicle upon the left-hand side of such one-way roadway unless official traffic-control devices are erected permitting such standing or parking.
Sec. 169. When official traffic-control devices are erected at hazardous or congested places, a person shall not stop, stand or park a vehicle in any such designated place.
Sec. 170. A person shall not stop, stand or park a vehicle for any purpose or period of time except for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such passenger curb loading zone are effective.
κ1969 Statutes of Nevada, Page 1504 (CHAPTER 675, AB 271)κ
Sec. 171. 1. A person shall not stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect.
2. The driver of a vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone.
Sec. 172. A person shall not stop, stand or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is restricted, except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purpose to which parking is restricted.
Sec. 173. The operator of a bus or taxicab shall not stop, stand or park upon any highway in any business district at any place other than a bus stop or taxicab stand, respectively, except that this provision does not prohibit the driver of any such vehicle from temporarily stopping in accordance with other stopping, standing or parking regulations at any place for the purpose of and while engaged in the expeditious unloading or loading of passengers.
Sec. 174. A person shall not stop, stand or park a vehicle other than a bus in a bus stop, or a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop there and for the purpose of and while actually engaged in expeditiously loading or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.
Sec. 175. A person shall not park a vehicle at any time on any of the following parts of highways, sidewalks or sidewalk areas, where official traffic-control devices are erected giving notice thereof:
1. In front of a theater entrance.
2. In front of the entrance or exit of a hotel.
3. In front of the entrance to any building where any such device has been erected by a local authority.
Sec. 176. 1. A local authority may erect, pursuant to ordinance, official traffic-control devices regulating the stopping, standing or parking of vehicles on any highway under its jurisdiction.
2. When devices are erected giving notice thereof, it is unlawful for any person to stop, stand or park a vehicle for longer than the time designated by any such sign.
Sec. 177. 1. When parking meters are erected by any local authority pursuant to an adopted ordinance giving notice thereof, it is unlawful for any person to stop, stand or park a vehicle in any metered parking zone for a period of time longer than designated by such parking meters upon a deposit of a coin of United States currency of the designated denomination.
κ1969 Statutes of Nevada, Page 1505 (CHAPTER 675, AB 271)κ
2. Every vehicle shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted.
3. It is unlawful for any unauthorized person to remove, deface, tamper with, open, willfully break, destroy or damage any parking meter, or willfully to manipulate any parking meter in such a manner that the indicator will fail to show the correct amount of unexpired time before a violation occurs.
Sec. 178. 1. Except as provided in section 179 of this act, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Nevada highway patrol.
(d) A public ambulance agency.
(e) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle under the following conditions:
(a) When such vehicle has such a permit from the department of motor vehicles;
(b) Where such person operates such vehicle so owned by him in responding to emergency calls or fire alarms or highway patrol duty or operates such vehicle in the pursuit of actual or suspected violators of the law; and
(c) When the state, county or city does not furnish to such officer a publicly owned vehicle for the purposes stated in paragraph (b).
3. When a vehicle is operated as an authorized emergency vehicle it shall display a flashing red light and an audible siren which have been approved by the department of motor vehicles.
Sec. 179. 1. The department of motor vehicles may issue authorized emergency vehicle permits to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of law violators. Such permits shall not be issued to vehicles when there are available comparable emergency-type services provided by agencies referred to in section 178 of this act.
2. The issuance of authorized emergency vehicle permits to vehicles under this section shall be limited to:
(a) Agencies designated in section 178 of this act.
(b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; and
(c) Ambulances designed and operated excusively as such.
3. The following are not emergency vehicles and shall not be permitted to operate as such:
(a) Tow cars;
(b) Public utility vehicles;
(c) Vehicles used in merchant patrols;
(d) Vehicles used in private escort service;
(e) Privately owned vehicles of volunteer firemen;
κ1969 Statutes of Nevada, Page 1506 (CHAPTER 675, AB 271)κ
(f) Privately owned vehicles of reserve members of a police department or a sheriffs office; and
(g) Vehicles of private detectives.
Sec. 180. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth, subject to the conditions stated, in this section.
2. The driver of an authorized emergency vehicle may:
(a) Park or stand, without regard to the provisions of this chapter.
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(c) Exceed any speed limits so long as he does not endanger life or property.
(d) Disregard regulations governing direction of movement or turning in specified directions.
3. The exemptions granted in this section to an authorized emergency vehicle apply only when such vehicle is making use of audible and visual signals as required by law.
4. The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, and such provisions do not protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 181. 1. Except as provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road for the purpose of receiving or discharging any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to a stop immediately and shall not proceed past the school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a highway, street or road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection or a place where traffic is controlled by a traffic officer or an official traffic signal.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 182. 1. The operator of a motor vehicle shall not drive between the vehicles, persons or animals comprising a funeral or other authorized procession when such funeral or procession vehicles are properly identified by pennants or other authorized insignia and while such funeral or procession is in motion, except when otherwise directed by a police officer.
2. This section does not apply to authorized emergency vehicles.
Sec. 183. All vehicles, persons or animals comprising a funeral or other procession shall proceed as near to the right-hand edge of the highway as practicable and shall follow the preceding vehicles, persons or animals in such procession as closely as is practicable and safe.
Sec. 184. 1. A procession or parade, except the forces of the United States Armed Services, the military forces of this state and the forces of the police and fire departments, shall not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.
κ1969 Statutes of Nevada, Page 1507 (CHAPTER 675, AB 271)κ
United States Armed Services, the military forces of this state and the forces of the police and fire departments, shall not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.
2. A sound truck or other vehicle equipped with an amplifier or loudspeaker shall not be driven upon any highway for the purpose of selling, offering for sale or advertising in any fashion except in accordance with a permit issued by the proper public authority.
3. An oversized or overweight vehicle or equipment shall not be driven, occupy or proceed upon any highway except in accordance with a permit issued by the proper public authority.
Sec. 185. The driver of any motor vehicle other than an authorized emergency vehicle on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or driving to or park such vehicle within 500 feet of fire apparatus which stopped in answer to a fire alarm.
Sec. 186. A vehicle shall not be driven over any unprotected hose of a fire department when laid down on any highway or private way or place for use at any fire or alarm of fire or practice runs, without the consent of the fire department official in command.
Sec. 187. The driver of a vehicle shall not drive upon or within any sidewalk area except at a permanent or temporary driveway or alley entrance.
Sec. 188. A person shall not ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies and space intended for merchandise.
Sec. 189. A person shall not board or alight from any vehicle while such vehicle is in motion.
Sec. 190. 1. A person shall not drive, move, stop or park any vehicle, or cause or knowingly permit any vehicle to be driven, moved, stopped or parked, on any highway if such vehicle:
(a) Is in such unsafe condition as to endanger any person or property.
(b) Is not equipped with lamps, reflectors, brakes, horn and other warning and signaling devices, windows, windshield, mirrors, safety glass, mufflers, fenders and tires, and other parts and equipment in the position, condition and adjustment required by the laws of this state as to such parts and equipment of a vehicle on the highways of the state at the time, under the conditions and for the purposes provided in such laws.
2. With respect to any vehicle being driven, moved, stopped or parked on any highway, it is unlawful for any person to do any act forbidden, or fail to perform any act required, by the laws of this state relating to the lamps, brakes, fenders and other parts and equipment, size, weight and load as to such vehicle on the highways.
3. This section does not prohibit an authorized emergency vehicle from being equipped with and displaying flashing lights which do not indicate a right or left turn.
Sec. 191. 1. A person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if such vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law as to such size, weight and gross loaded weight unless such person or owner is authorized to drive, move, stop or park such vehicle or combination of vehicles by a special permit issued by the proper public authority.
κ1969 Statutes of Nevada, Page 1508 (CHAPTER 675, AB 271)κ
moved, stopped or parked, on any highway if such vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law as to such size, weight and gross loaded weight unless such person or owner is authorized to drive, move, stop or park such vehicle or combination of vehicles by a special permit issued by the proper public authority.
2. This section does not apply to fire apparatus, highway machinery, snowplows or to a farm tractor or other implement of husbandry temporarily moved upon a highway.
Sec. 192. NRS 108.267 is hereby amended to read as follows:
108.267 As used in NRS 108.270 to 108.360, inclusive, trailer means every vehicle defined in NRS 482.110, 482.125 and [484.0025.] section 27 of this act.
Sec. 193. NRS 483.460 is hereby amended to read as follows:
483.460 Unless otherwise provided by law, the department shall forthwith revoke, for a period of 1 year, the license of any driver upon receiving a record of such drivers conviction of any of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the driving of a motor vehicle.
2. A second conviction of driving a motor vehicle while under the influence of intoxicating liquor or the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or of inhalation, ingestion, application or other use of any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders the driver incapable of safely driving; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection 4 of [NRS 484.050.] section 94 of this act.
3. Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
5. Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of [Assembly Bill No. 270 of the 55th session of the Nevada legislature,] chapter 309, Statutes of Nevada 1969, or under any other law relating to the ownership or driving of motor vehicles.
6. Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
Sec. 194. (Deleted by amendment.)
Sec. 195. (Deleted by amendment.)
Sec. 196. NRS 484.524 is hereby amended to read as follows:
484.524 Any person operating or moving any vehicle or equipment over any [public road] highway who violates any length limitation in this chapter is guilty of a misdemeanor.
Sec. 197. NRS 484.640 is hereby amended to read as follows:
484.640 1. It shall be unlawful for any person to operate or move any vehicle or equipment designated in NRS 484.600 over any [public road or] highway without first obtaining a permit, or to violate or evade any of the terms or conditions of such permit when issued, and any person violating any of the provisions of NRS 484.600 to 484.630, inclusive, shall be guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 1509 (CHAPTER 675, AB 271)κ
road or] highway without first obtaining a permit, or to violate or evade any of the terms or conditions of such permit when issued, and any person violating any of the provisions of NRS 484.600 to 484.630, inclusive, shall be guilty of a misdemeanor.
2. Any person operating or moving any vehicle or equipment designated in NRS 484.600 over any [public road] highway under the authorization of a continuous permit and who violates any weight limitation in excess of the weight authorized by the permit shall be punished, upon conviction, as provided in NRS 484.590.
Sec. 198. NRS 484.710 is hereby amended to read as follows:
484.710 1. It shall be unlawful for any person to remove any barrier or sign stating that a [road, street or] highway is closed to traffic.
2. It shall be unlawful to pass over a [road] highway that is marked, signed or barricaded to indicate that it is closed to traffic.
Sec. 199. NRS 484.721 is hereby amended to read as follows:
484.721 1. Any peace officer may, without a warrant, arrest a person if he has reasonable cause for believing that such person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) Driving, or being in actual physical control of, a vehicle while under the influence of intoxicating liquor;
(c) Driving a vehicle while under the influence of any narcotic drug, or driving a vehicle while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle;
(d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries, as prescribed in [NRS 484.010;] section 82 of this act;
(e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in [NRS 484.020 and 484.025;] sections 83, 84 and 86 of this act; or
(f) Reckless driving.
2. Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper magistrate as specified in NRS 484.727, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer shall have the same discretion as is provided in other cases in NRS 484.723.
Sec. 200. NRS 484.723 is hereby amended to read as follows:
484.723 Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person shall, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate in any of the following cases:
1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;
2. When the person is charged with a violation of NRS 484.510, relating to the refusal of a driver of a vehicle to submit such vehicle to an inspection and test;
κ1969 Statutes of Nevada, Page 1510 (CHAPTER 675, AB 271)κ
3. When the person is charged with a violation of NRS 484.580, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or
4. When the person is charged with a violation of [NRS 484.040 or 484.050, relating to driving under the influence of intoxicating liquor or drugs.] section 94 of this act.
Sec. 201. NRS 484.0011 to 484.265, inclusive, 484.683, 484.686, 484.693, 484.696, 484.709 and 484.713 are hereby repealed.
Sec. 202. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Assembly Bill No. 682Mr. Jacobsen
CHAPTER 676
AN ACT to amend an act entitled An Act fixing the salaries of and providing for the reimbursement for travel of certain officers of Douglas County, Nevada; providing that the board of county commissioners shall fix the salaries of certain deputies and clerical employees of the county; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved March 21, 1953, as amended.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 39, Statutes of Nevada 1967, at page 68, is hereby amended to read as follows:
Section 1. [The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of $9,000 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint one undersheriff, one or more lieutenants, one or more sergeants and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, lieutenants, sergeants and deputies.] The officers of Douglas County, Nevada, named in sections 1.5 to 5, inclusive, and section 7 of this act shall receive, in full payment for all services rendered by them, the salaries specified in sections 1.5 to 5, inclusive, and section 7 of this act.
Sec. 2. The above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, is hereby amended by adding thereto a new section designated section 1.5, which shall immediately follow section 1 and shall read as follows:
Section 1.5. The sheriff shall receive the sum of $10,500 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county.
κ1969 Statutes of Nevada, Page 1511 (CHAPTER 676, AB 682)κ
and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint one undersheriff, one or more lieutenants, one or more sergeants and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, lieutenants, sergeants and deputies.
Sec. 3. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 671, is hereby amended to read as follows:
Section 2. The Assessor shall receive the sum of [$9,000] $10,500 per annum. [The assessor may employ one deputy appraiser at a wage of not to exceed $3 per hour.] Such salary [and wages] shall be in full payment for all services now required by law to be performed by the assessor. [and deputy appraiser.] For all traveling and mileage expenses incurred by [such officers] the assessor in the discharge of [their] his official duties within the county, [such officers] the assessor shall be reimbursed at the rate of 10 cents per mile.
Sec. 4. Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 671, is hereby amended to read as follows:
Section 3. The county clerk and county treasurer shall receive the sum of [$9,000] $10,500 per annum. Such salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 672, is hereby amended to read as follows:
Section 4. The county recorder and county auditor shall receive the sum of [$9,000] $10,500 per annum. Such salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 6. Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 672, is hereby amended to read as follows:
Section 5. The district attorney shall receive the sum of [$9,000] $10,500 per annum. Such salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The district attorney shall prosecute all criminal cases, attend the trials of the same at any place in Douglas County, and shall be the legal advisor for the county.
Sec. 7. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 320, Statutes of Nevada 1965, at page 672, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of [$3,600] $4,200 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.
κ1969 Statutes of Nevada, Page 1512 (CHAPTER 676, AB 682)κ
receive the sum of [$3,600] $4,200 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.
________
Assembly Bill No. 698Committee on Ways and Means
CHAPTER 677
AN ACT relating to state printing; abolishing the office of superintendent of state printing; creating the department of state printing; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 344 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act, have the meanings ascribed to them in such sections.
Sec. 3. Department means the department of state printing.
Sec. 4. Multiple duplication equipment means stencil duplicators and offset duplicators and equipment of a similar type, and all related equipment.
Sec. 5. Superintendent means the superintendent of the department of state printing.
Sec. 6. 1. There is hereby created the department of state printing.
2. The department shall consist of a superintendent and the following divisions:
(a) Printing division.
(b) Reproduction division.
3. The superintendent may create within the divisions of the department necessary working units relating but not limited to the composing room, the letterpress room, the bindery and the offset press room.
Sec. 7. 1. The office of superintendent of the department of state printing is hereby created.
2. The superintendent shall be appointed by and be responsible to the governor. He shall be in the unclassified service of the state.
3. No person is eligible for the office of superintendent who has not had 5 years experience in the art of printing, including 2 years of supervisory or administrative experience beyond the level of foreman.
Sec. 8. 1. The superintendent shall receive an annual salary fixed by the governor in an amount not to exceed that specified in NRS 281.115.
2. Before entering into office, the superintendent shall execute a surety bond, payable to the state in the sum of $10,000, conditioned for the faithful performance of all duties which may be required of him by law.
κ1969 Statutes of Nevada, Page 1513 (CHAPTER 677, AB 698)κ
Sec. 9. 1. No state agency may purchase any multiple duplication equipment without the prior approval of the superintendent.
2. Before the superintendent approves such purchase, he shall first determine that such agencys need for such equipment justifies such purchase and that the purchase of such equipment will not diminish the efficiency of the department.
3. The superintendent may order the transfer of all multiple duplication equipment from any agency to the department or to any other agency. He may declare any such equipment surplus and may order the disposition of such equipment in the manner provided by law.
Sec. 10. NRS 344.040 is hereby amended to read as follows:
344.040 [1.] The superintendent [of state printing shall have the entire charge and superintendence of the state printing and all matters pertaining to his office.
2. He shall take charge of and be responsible for all manuscripts or other matter which may be placed in his hands to be printed, and shall cause the same to be executed promptly.
3. He shall receive and execute promptly all orders for printing required to be done by the various state officers, boards and commissions.
4. Biennially and prior to the meeting of the legislature, he shall make a report to the governor. His report shall embrace a record of the complete transactions of his office.] shall:
1. Supervise the operations of the department.
2. Take charge of and be responsible for all manuscripts or other matter which may be delivered to him for printing or reproduction.
3. Receive and promptly execute all orders for printing or reproduction required by the various state officers, boards and commissions.
4. Submit a biennial report to the legislative commission and the governor concerning the complete transactions of the department.
5. Appoint as chiefs of the printing and reproduction divisions persons who are skilled in these respective arts and who have demonstrated supervisory and administrative ability. The chiefs of the divisions shall be in the classified service of the state.
6. Maintain perpetual inventory records of equipment in the department. He shall include in his biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of his last report.
Sec. 11. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent [of state printing] shall not permit any other than state work to be done in the [state printing office.] department.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall:
(a) Have the printing, reproduction and binding of such material done [at] by the [state printing office] department, at the expense of their respective funds or appropriation; or
(b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.
3. [The following pamphlets, bulletins and leaflets shall be printed:
κ1969 Statutes of Nevada, Page 1514 (CHAPTER 677, AB 698)κ
Annual registers of the University of Nevada System.
Nevada mining laws.
Nevada land laws.
Nevada election laws.
Nevada official election returns.
General corporation laws.
Foreign corporation laws.
State school laws.
Fish and game laws.
Pharmacy law.
List of registered physicians.
Insurance laws.
Banking laws.
Necessary briefs, transcripts and other legal work for the public service commission.
4.] The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the [state printing office] department at the expense of the legislative fund.
[5.] 4. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent [of state printing] is directed not to accept the same.
[6.] 5. Nothing in this chapter shall be construed to mean that the superintendent [of state printing] is required or expected to perform any work other than that which the type, machinery and other printing, reproduction and binding appliances in the [state printing office] department will permit.
Sec. 12. NRS 344.060 is hereby amended to read as follows:
344.060 The superintendent [of state printing] shall cause to be affixed to all public printing, except work produced in the reproduction division, the union label recognized by the International Typographical Union. He is authorized to purchase such cuts for that purpose as in his discretion are necessary.
Sec. 13. NRS 344.070 is hereby amended to read as follows:
344.070 1. The superintendent [of state printing] is authorized to secure copyright under the laws of the United States in all publications issued by the State of Nevada, the copyright to be secured in the name of the State of Nevada.
2. All costs and charges incurred in copyrighting such publications shall be charged against the state printing and reproduction fund, and shall be paid in the same way as other charges are paid by the state.
Sec. 14. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent [of state printing] shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall he employ more compositors, machine operators, pressmen and assistants that the necessities of the [state printing office] department may require.
2. [At no time shall the superintendent of state printing pay such compositors, machine operators, pressmen and assistants a higher rate of wages than is recognized by the employing printers of the State of Nevada, or than the nature of the employment may require.
κ1969 Statutes of Nevada, Page 1515 (CHAPTER 677, AB 698)κ
compositors, machine operators, pressmen and assistants a higher rate of wages than is recognized by the employing printers of the State of Nevada, or than the nature of the employment may require. The chief assistant in the state printing office shall be in the unclassified service of the state and shall receive an annual salary in the amount specified in NRS 281.115.] The compensation of such compositors, machine operators, pressmen and assistants shall be fixed by the personnel division of the department of administration, but at no time shall such employees receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
3. Except as otherwise provided in this subsection, all clerical employees and such other persons as are employed for work not directly related to the printing crafts shall be in the classified service of the state. Until the superintendent is appointed pursuant to section 7 of this act the chief assistant to the superintendent shall be in the unclassified service of the state and shall receive an annual salary in an amount not to exceed that specified in NRS 281.115. With the appointment of the superintendent, the chief assistant shall be in the classified service of the state and shall receive a salary fixed by the personnel division of the department of administration in an amount not less than that specified in NRS 281.115.
4. On the first business day after the 1st and 15th days of each month the superintendent [of state printing] shall submit to the state board of examiners a statement of the salary or wages due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.
Sec. 15. NRS 344.090 is hereby amended to read as follows:
344.090 1. There is hereby created in the state treasury a fund to be known as the state printing fund.
2. The state printing fund shall consist of the funds appropriated to carry out the provisions of this chapter, and all moneys received in the state printing fund from any source whatever in payment of all printing, reproduction and binding done in the [state printing office.] department.
3. All expenses for the support of the [state printing office,] department, including the salary of the superintendent, [of state printing,] shall be paid from the state printing fund.
4. At the end of each fiscal year, the superintendent [of state printing] shall report to the state treasurer:
(a) The value of the inventory of supplies and materials held by the superintendent;
(b) The amount receivable for work performed; and
(c) The amount payable for supplies, materials or equipment received or on order.
To the extent that the sum of the cash balance of the state printing fund plus the value of inventory and amount receivable, minus the amount payable, exceeds [$125,000,] $175,000, the cash balance of the state printing fund shall revert to the general fund.
Sec. 16. NRS 344.095 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1516 (CHAPTER 677, AB 698)κ
344.095 1. The construction costs of $590,017 for the [state printing office and plant] plant of the department shall be repaid over a 20-year period at 3 percent interest from the state printing fund to the general fund in the state treasury.
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; and
(b) On June 30 of each year transfer the amount of one payment from the state printing fund to the general fund in the state treasury, until the prescribed amount and interest has been fully paid.
Sec. 17. NRS 344.100 is hereby amended to read as follows:
344.100 The state controller and the state treasurer are authorized and directed to transfer from the general fund to the state printing fund any and all moneys appropriated from time to time by the legislature for the support of the [state printing office.] department.
Sec. 18. NRS 344.110 is hereby amended to read as follows:
344.110 1. The superintendent [of state printing] shall determine the charge to be made for all printing, reproduction and binding, and shall fix a price from time to time that will cover all costs of material and doing the work. For this purpose, he shall establish and maintain a double-entry cost system, showing at least:
(a) Direct labor costs;
(b) Direct material costs; and
(c) Overhead.
2. The superintendent [of state printing] shall render bills for each item of printing, reproduction and binding or other charge against the officer or institution ordering the same. The bills shall be audited by the state board of examiners and paid out of the appropriation or fund of the officer or institution chargeable with the same on warrants drawn by the state controller.
Sec. 19. NRS 344.120 is hereby amended to read as follows:
344.120 At the end of each month the superintendent [of state printing] shall pay all moneys received under the provisions of this chapter into the state treasury to the credit of the state printing fund.
Sec. 20. NRS 344.130 is hereby amended to read as follows:
344.130 Except as provided in NRS 616.215, the superintendent [of state printing] shall receive, print, reproduce and bind only such matter and material as may be submitted by those state offices, departments, boards, commissions, institutions and agencies whose funds are deposited, in whole or in part, in the state treasury, and paid out on claims as other claims against the state are paid.
Sec. 21. NRS 344.140 is hereby amended to read as follows:
344.140 All officers, boards, commissioners, trustees, superintendents, regents and directors required by law to make reports to the governor or to the legislature, except the state controller, the state treasurer, the Nevada tax commission, the commissioner of insurance, the board of control of the agricultural experiment station, and the commissioners on uniform state laws, shall send the original drafts of their reports to the superintendent, [of state printing,] who shall order such a number of each of the reports, or part or parts of each of the reports, printed as in his judgment will meet the requirements of law.
κ1969 Statutes of Nevada, Page 1517 (CHAPTER 677, AB 698)κ
his judgment will meet the requirements of law. The superintendent [of state printing] shall especially see that no matter be printed in more than one report, unless of great public interest.
Sec. 22. NRS 344.150 is hereby amended to read as follows:
344.150 All officers, boards, commissioners, trustees, superintendents, regents and directors are required and directed to have all forms, blanks, envelopes and letterheads necessary for the successful working of the various department, institutions and offices printed [at] by the [state printing office.] department. The superintendent [of state printing] is directed to accept all such work, and to execute and deliver it as promptly as possible.
Sec. 23. NRS 344.160 is hereby amended to read as follows:
344.160 1. Should any state officer, commissioner, trustee or superintendent consider that the requirements of his office, department or institution demand stationery, blanks, forms or work of any character which cannot be performed in the [state printing office,] department, and if it appear that, through lack of necessary machinery or appliances, the work cannot be done satisfactorily in the [state printing office,] department, the superintendent [of state printing] shall authorize the state officer, commissioner, trustee or superintendent to have the work performed in a commercial printing establishment, the cost of the same to be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
2. The state controller is directed not to draw his warrant in payment for any printed matter except such as is authorized by subsection 1.
Sec. 24. NRS 344.170 is hereby amended to read as follows:
344.170 1. Whenever any printed matter printed in the [state printing office] department or in any privately owned and operated printing establishment in the State of Nevada, for any state department, board or farm bureau requires the use of photoengraved plates consisting of copper and zinc halftones and etchings, or halftones and etchings composed of any other metal, the same shall be purchased from some bona fide commercial establishment making or manufacturing the same within the State of Nevada.
2. If there is no commercial establishment adequately equipped to furnish such halftones and etchings, then the same may be purchased from any commercial establishment outside of the State of Nevada.
3. The state board of examiners shall not approve any claim for payment for work done by any establishment in violation of the provisions of this section.
4. The provisions of this section are contingent upon satisfactory services being rendered by all such commercial establishments within the State of Nevada making or manufacturing such halftones or etchings and reasonable charges made therefor. Reasonable charges [shall mean] means a charge not in excess of the amount necessary to be paid for the purchase of such halftones and etchings in similar commercial establishments in other states.
Sec. 25. NRS 2.340 is hereby amended to read as follows:
2.340 1. The superintendent of [state printing] the department of state printing shall furnish the reporters of decisions with proofsheets for their verification and correction before publication in permanent form.
κ1969 Statutes of Nevada, Page 1518 (CHAPTER 677, AB 698)κ
their verification and correction before publication in permanent form. The superintendent of [state printing] the department of state printing then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, district judges and newspapers of this state. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after such decision has been furnished to the superintendent of [state printing] the department of state printing by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.
2. At the time of delivering the copy of any decision to the superintendent of [state printing] the department of state printing pursuant to the provisions of NRS 2.320, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of delivery and the title and number of the case.
Sec. 26. NRS 2.380 is hereby amended to read as follows:
2.380 The superintendent of [state printing] the department of state printing shall cause to be printed upon good paper and in a workmanlike manner, bound in buckram and delivered to the secretary of state a number of copies of each volume of decisions published after February 16, 1967, not less than 750 and sufficient in the opinion of the secretary of state to meet the requirements for free distribution pursuant to NRS 345.020 and for sale.
Sec. 27. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1969 Statutes of Nevada, Page 1519 (CHAPTER 677, AB 698)κ
2. The word credit as used herein shall be construed to be an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
3. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business because of insufficient funds, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.
4. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
5. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of [state printing. The superintendent of state printing shall be entitled to] the department of state printing, who may charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 28. NRS 218.280 is hereby amended to read as follows:
218.280 All bills and resolutions shall be introduced in triplicate; and one copy of each bill or resolution shall be marked original, one shall be marked duplicate, and one shall be marked triplicate. The copy marked duplicate shall be sent to the superintendent of [state printing] the department of state printing for the purpose of printing, and the copy marked triplicate shall be referred to the legislative counsel.
κ1969 Statutes of Nevada, Page 1520 (CHAPTER 677, AB 698)κ
printing] the department of state printing for the purpose of printing, and the copy marked triplicate shall be referred to the legislative counsel.
Sec. 29. NRS 218.290 is hereby amended to read as follows:
218.290 1. The superintendent of [state printing] the department of state printing shall print as many copies of every bill, resolution or fiscal note for any bill introduced in either house of the legislature as shall be authorized by the secretary of the senate and the chief clerk of the assembly.
2. In printing bills and resolutions the superintendent of [state printing] the department of state printing is authorized:
(a) To set the style and form of the printing.
(b) To correct all errors in spelling or punctuation in the copy furnished him.
(c) To supply the enacting clause if omitted.
3. No change shall be made by the superintendent of [state printing] the department of state printing which shall in any way vary the apparent meaning of a bill or resolution.
Sec. 30. NRS 218.300 is hereby amended to read as follows:
218.300 The superintendent of [state printing] the department of state printing shall, immediately after receipt of the copy of any bill or resolution, print, in addition to the regular authorized number, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the senate or to the chief clerk of the assembly. Before the third reading and final passage of the bill or resolution, the legislative counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and, if the printed or reprinted copy is found to be in all respects correct, the legislative counsel shall then certify to the correctness of the bound copy and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy printed upon buff paper, so compared and certified, shall be ready for third reading and final passage.
Sec. 31. NRS 218.350 is hereby amended to read as follows:
218.350 1. The legislative counsel shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the superintendent of [state printing,] the department of state printing, taking his receipt therefor. The receipt shall bear the date of delivery and give the bill or resolution number.
2. The superintendent of [state printing] the department of state printing shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the superintendent of [state printing,] the department of state printing, in cooperation with the legislative counsel, shall cause to be printed between brackets the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment; and shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by the passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.
κ1969 Statutes of Nevada, Page 1521 (CHAPTER 677, AB 698)κ
enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.
4. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the superintendent of [state printing] the department of state printing shall deliver the enrolled copy of the bill or resolution to the legislative counsel. The legislative counsel shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the legislative counsel shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 32. NRS 218.450 is hereby amended to read as follows:
218.450 The superintendent of [state printing] the department of state printing shall:
1. Maintain a bill filing and mailing room.
2. File all bills, resolutions, daily journals and other papers as may be ordered by the senate or assembly.
3. Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant-at-arms of either house as the case may be, or to any person authorized to receive them.
4. Receive from the legislative counsel and print, or preset the type for printing, legislative measures prior to their introduction.
5. Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by law or the rules or special orders of either house of the legislature.
Sec. 33. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications shall be filed with the superintendent of [state printing.] the department of state printing. He shall print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements.
2. No complete set of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of [state printing,] the department of state printing, nor shall more than two copies of any single bill or other legislative publication be distributed free to any person, office or organization, except to:
(a) Members of the legislature.
(b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.
(c) The legislative counsel bureau.
(d) Offices of all elected state, county, township, school and municipal officials.
(e) Offices of all state agencies and departments.
(f) Justices and the clerk of the supreme court.
(g) Judges and clerks of the district courts.
(h) The Library of Congress.
κ1969 Statutes of Nevada, Page 1522 (CHAPTER 677, AB 698)κ
(i) County and city libraries and libraries of the University of Nevada System.
(j) Accredited members of the press.
3. The superintendent of [state printing] the department of state printing shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the state printing fund.
4. The costs of such distributions, including postage, shall be paid from the legislative fund.
Sec. 34. NRS 218.470 is hereby amended to read as follows:
218.470 1. During each session of the legislature, the superintendent of [state printing] the department of state printing shall print daily in separate book form a sufficient number of copies of the journal of the previous days proceedings of each house to supply the members and officers of both houses. The secretary of the senate and the chief clerk of the assembly shall determine the number of copies necessary for their respective houses.
2. One copy of the daily journal of each house, upon its approval by the house, shall be authenticated as so approved by the presiding officer and the secretary or chief clerk as the case may be. Upon final adjournment of the legislature the authenticated copies of the daily journal of each house for the entire session shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature.
Sec. 35. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of [state printing] the department of state printing for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4. The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of the department of state printing.
5. The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and the assembly.
6. Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 36. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of [state printing,] the department of state printing, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
κ1969 Statutes of Nevada, Page 1523 (CHAPTER 677, AB 698)κ
2. The superintendent of [state printing] the department of state printing shall:
(a) Distribute one copy of each act as printed to each county clerk, county auditor, district judge, district attorney and justice of the peace in this state, and an appropriate number of copies to the director of the legislative counsel bureau.
(b) Immediately upon the adjournment of the session, collect, print and bind advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each county clerk, county auditor, district judge, district attorney and justice of the peace in the state, and an appropriate number of copies to the director of the legislative counsel bureau; and establish the price at which the advance sheets shall be sold to other persons.
3. The director of the legislative counsel bureau shall, immediately upon the adjournment of the session, prepare and deliver to the superintendent of [state printing] the department of state printing an index of all acts, resolutions and memorials passed at the session.
4. The superintendent of [state printing,] the department of state printing, upon receipt of the index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 37. NRS 218.520 is hereby amended to read as follows:
218.520 1. The superintendent of [state printing] the department of state printing is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.
2. In printing the section or part of the law reenacted in an amendatory law, he shall cause to be printed between brackets or in strike-out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill. He shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.
Sec. 38. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the legislative counsel is authorized and directed to have the same printed, lithoprinted or reproduced by any other process [at] by the [state printing office.] department of state printing. The legislative commission shall determine the number of copies which shall be printed or reproduced of each page of:
(a) Each volume of Nevada Revised Statutes;
(b) Each volume of citations to and annotations of decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision; and
(c) Each volume of the digest of cases decided by the Nevada supreme court.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and retained by the legislative counsel for safekeeping and disposition. The secretary of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.
κ1969 Statutes of Nevada, Page 1524 (CHAPTER 677, AB 698)κ
of state shall sell each set, and may sell individual volumes, parts or pages when available, at a price to be set by the legislative commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.
3. A master copy of Nevada Revised Statutes shall be kept in the office of the legislative counsel, and the master copy shall not be removed from the office except in the custody of the legislative counsel.
Sec. 39. NRS 220.140 is hereby amended to read as follows:
220.140 The legislative counsel bureau shall reimburse the superintendent of [state printing] the department of state printing from the appropriations heretofore and hereafter made for the cost of printing or reproduction required by this chapter.
Sec. 40. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) [A superintendent of state printing.
(n)] An inspector of mines.
[(o)] (n) Other officers whose elections are provided for by law.
[(p)] (o) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor.
(6) One county treasurer.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex officio county auditor.
(10) Justices of the peace.
(11) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
κ1969 Statutes of Nevada, Page 1525 (CHAPTER 677, AB 698)κ
Sec. 41. (Deleted by amendment.)
Sec. 42. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of [state printing,] the department of state printing, as provided in NRS 2.380, the secretary of state shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the Nevada state library, two copies.
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 43. NRS 360.110 is hereby amended to read as follows:
360.110 All forms, blanks, envelopes, letterheads, circulars and reports required to be printed by the Nevada tax commission shall be printed [at] by the [state printing office] department of state printing under the general provisions of chapter 344 of NRS.
Sec. 44. NRS 382.050 is hereby amended to read as follows:
382.050 1. The superintendent of [state printing] the department of state printing shall cause such number of copies of historical papers issued by the society to be printed as may be ordered by the society. When printed, the copies shall be delivered to the executive secretary of the Nevada historical society to be sold for the societys benefit, to be exchanged, or to be distributed to its members.
2. All plates for illustrating any volume shall be furnished to the superintendent of [state printing] the department of state printing by the society, and the costs of printing, binding and transportation shall be paid by the society.
3. The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.
4. Funds received by the society from donations, grants or any other source may be deposited in the account provided for in subsection 3. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.
5. Checks on the account provided for in subsection 3 may be drawn, and negotiable items endorsed for deposit, by two signatures, one of which shall be that of a trustee and one of which may be that of an employee. All other claims and disbursements on behalf of the society shall be signed by at least two trustees.
Sec. 45. NRS 385.130 is hereby amended to read as follows:
385.130 The board shall cause the superintendent of [state printing] the department of state printing to do any printing required by the board, such as Title 34 of NRS, state courses of study, the proceedings of teachers institutes, blank forms, and such other matter as the board may require. Textbooks shall not be printed by the superintendent of [state printing.] the department of state printing.
Sec. 46. NRS 385.140 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1526 (CHAPTER 677, AB 698)κ
385.140 The board may publish a bulletin as the official organ of the state department of education. The bulletin may be mimeographed, printed, or reproduced by any other method in the [state printing office,] department of state printing, within the funds available for such purpose.
Sec. 47. NRS 385.210 is hereby amended to read as follows:
385.210 The superintendent of public instruction shall:
1. Prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish such registers to each school board to be delivered as needed to each of the teachers of its schools.
2. Prepare pamphlet copies of the school law, and shall transmit a copy to each school, school trustee, and other school officer in the state. When additions or amendments are made to the school law, he shall have them printed and transmitted immediately thereafter. Each pamphlet shall be marked State property-to be turned over to your successor in office.
3. Prepare and have printed teachers contracts, school registers, and other necessary forms and supplies, and shall supply the same to school trustees and teachers.
4. Have done [at the state printing office] , by the department of state printing in accordance with law, all printing required in the performance of his duties.
Sec. 48. NRS 396.620 is hereby amended to read as follows:
396.620 1. In addition to his other duties as fixed by law, the president of the university shall cause to be analyzed by an assistant, teacher or teachers employed at the university any ores, minerals, soil or water taken from within the boundaries of the State of Nevada, and sent by any citizen of the State of Nevada for that purpose. The work shall be restricted to both Nevada samples and citizens, and limited in number as prescribed in NRS 396.620 to 396.660, inclusive. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada citizens. Any citizen of the state may send any such substance as has been described, within the limitations as provided, and have the same analyzed free of charge, and the results of the same mailed to him within 10 working days after it has been received, provided he has supplied the university with the information for its records as provided in this section. The report sent him shall also contain as nearly as possible an explanation of their uses and market value.
2. There shall be kept at the university a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of such minerals or other matters, stating the name and residence of the person or persons from whom received, as nearly as possible the location from which the material was taken, including the district and county, and all other matters touching the same that may be beneficial. This information for the records may be required to be filed with the university before any work is done on the material sent, and the 10-day limit for reports will count from the time such data is received at the university. Blanks for the same shall be printed [at the state printing office] by the department of state printing and distributed free.
κ1969 Statutes of Nevada, Page 1527 (CHAPTER 677, AB 698)κ
3. A portion of the sample analyzed shall be kept at the university for a period of 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired, after which period samples may be destroyed or used for any desirable purpose.
Sec. 49. NRS 408.230 is hereby amended to read as follows:
408.230 The superintendent of [state printing] the department of state printing shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the engineer. Charges and payments for such shall be made as provided in NRS 344.110.
Sec. 50. NRS 501.205 is hereby amended to read as follows:
501.205 The superintendent of [state printing] the department of state printing shall furnish all printing required for the commission under the provisions of this Title, as provided in chapter 344 of NRS.
Sec. 51. NRS 533.140 is hereby amended to read as follows:
533.140 1. As soon as practicable after the expiration of the period fixed in which proofs may be filed, the state engineer shall assemble all proofs which have been filed with him, and prepare and certify an abstract of all such proofs, which shall be printed in the [state printing office.] department of state printing. The state engineer shall also prepare from the proofs and evidence taken or given before him or obtained by him, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.
2. When the abstract of proofs and the preliminary order of determination shall be completed, the state engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with him and the proofs of claims shall be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the state engineer as to the matters contained therein.
3. A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, shall be delivered by the state engineer, or sent by registered or certified mail, at least 30 days prior to the first day of such period of inspection, to each person who has appeared and filed proof, as herein provided.
4. The state engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with or taken by him in accordance with this chapter.
Sec. 52. NRS 533.160 is hereby amended to read as follows:
533.160 1. As soon as practicable after the hearing of objections to the preliminary order of determination, the state engineer shall make and cause to be entered of record in his office an order of determination, defining the several rights to the waters of the stream or stream system. The order of determination, when filed with the clerk of the district court as provided in NRS 533.165, shall have the legal effect of a complaint in a civil action.
2. The order of determination shall be certified by the state engineer and as many copies as required printed in the [state printing office.]
κ1969 Statutes of Nevada, Page 1528 (CHAPTER 677, AB 698)κ
department of state printing. A copy of the order of determination shall be sent by registered or certified mail or delivered in person to each person who has filed proof of claim and to each person who has become interested through intervention or through filing of objections under the provisions of NRS 533.130 or 533.145.
Sec. 53. NRS 584.235 is hereby amended to read as follows:
584.235 The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive, and the same shall be printed in the [state printing office] department of state printing and distributed by the commissioner of food and drugs upon application therefor to licensed or other dairymen, creameries and other persons interested in the same.
Sec. 54. NRS 598.030 is hereby amended to read as follows:
598.030 1. As used in this section:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereto wherein merchandise is displayed, held or offered for sale.
2. Any merchant shall have the right to request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.
3. Any merchant who has probable cause for believing that merchandise has been wrongfully taken by an individual and that he can recover such merchandise by taking such individual into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the individual into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant shall not render such merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
4. No merchant shall be entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has probable cause for believing that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of notifying a peace officer. Nevada Revised Statutes, section 598.030.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of [state printing.] the department of state printing. The superintendent of [state printing] the department of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
κ1969 Statutes of Nevada, Page 1529 (CHAPTER 677, AB 698)κ
shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 55. NRS 607.090 is hereby amended to read as follows:
607.090 All forms, blanks, envelopes, letterheads, circulars, bulletins and reports required to be printed by the labor commissioner shall be printed [at the state printing office] by the department of state printing as required by the provisions of chapter 344 of NRS.
Sec. 56. NRS 607.100 is hereby amended to read as follows:
607.100 With the approval of the state board of examiners, the labor commissioner is authorized to compile and issue such bulletins pertaining to labor and industries of the state as he may deem necessary. When approved for printing and distribution, such bulletins shall be printed [at the state printing office.] by the department of state printing.
Sec. 57. NRS 616.215 is hereby amended to read as follows:
616.215 Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by the commission shall be done [at the state printing office.] by the department of state printing.
Sec. 58. NRS 626.240 is hereby amended to read as follows:
626.240 1. The inspector of mines shall prescribe a form of license to be issued by the district examining boards.
2. Within the provisions of chapter 344 of NRS, the superintendent of [state printing] the department of state printing shall:
(a) Supply the forms required by the inspector of mines.
(b) Furnish such other printed matter in quantities required to carry out the provisions of this chapter.
Sec. 59. NRS 703.200 is hereby amended to read as follows:
703.200 Except in cases of emergency, all the necessary printing of the commission shall be done [at the state printing office.] by the department of state printing. The superintendent of [state printing] the department of state printing shall have such printing done as expeditiously as possible.
Sec. 60. (Deleted by amendment.)
Sec. 61. NRS 344.010 and 344.020 are hereby repealed.
Sec. 62. The superintendent of state printing shall be ex officio superintendent of the department of state printing.
Sec. 63. 1. Sections 9, 62 and 63 of this act shall be effective upon passage and approval.
2. Sections 7 and 61 of this act shall become effective upon the expiration of the present term of the superintendent of state printing, or upon the present incumbents vacating the office, whichever occurs first.
3. Sections 1 to 6, inclusive, and sections 10 to 60, inclusive, of this act, shall become effective at 12:04 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 1530κ
Assembly Bill No. 763Committee on Government Affairs
CHAPTER 678
AN ACT relating to county populations; changing the population basis for the exercise of powers by local governments when based upon population; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.045 is hereby amended to read as follows:
6.045 1. The district court in and for any county with a population of [75,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may by rule of court designate the clerk of the court or one of his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
2. If a jury commissioner is so selected, he shall in January of each year estimate the number of trial jurors which will be required for attendance on the district court until the next annual selection, and shall select such number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. He shall keep a record of the name, occupation and address of each person so selected.
Sec. 2. NRS 62.123 is hereby amended to read as follows:
62.123 1. The judge or judges of each judicial district which includes a county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of health, welfare and rehabilitation, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. The director of juvenile services shall be appointed with the consent of the board or boards of county commissioners of the county or counties served by the judicial district from a list of candidates provided to the board or boards by the probation committee.
3. The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of juvenile services shall have such staff of employees to assist in the performance of his duties as the probation committee finds necessary.
5. The salaries of the director of juvenile services and his staff of employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.
κ1969 Statutes of Nevada, Page 1531 (CHAPTER 678, AB 763)κ
employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.
Sec. 3. NRS 62.180 is hereby amended to read as follows:
62.180 1. Provisions shall be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency; or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.
2. Authority hereby is granted for any county to provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this chapter; provided:
(a) That in counties of over [20,000] 100,000 population, the boards of county commissioners are directed to provide the detention facilities, as aforesaid, within 2 years after March 15, 1949; and
(b) That two or more counties, without regard to their respective populations, may provide a combined detention home, as aforesaid, under suitable terms agreed upon between the respective boards of county commissioners and the juvenile court judges regularly sitting in the judicial districts covering the counties.
3. Any detention home, built and maintained under the authority of this chapter, shall be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution, nor, in counties of over [20,000] 100,000 population, shall it be adjoining or on the same grounds as a prison, jail or lockup.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 4. NRS 244.013 is hereby amended to read as follows:
244.013 1. In each county having a population of [50,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, five county commissioners shall be elected in the manner provided in this section and NRS 244.033.
2. Two county commissioners shall be elected from among the residents of the incorporated city within the county at which the county seat is located by the residents of such city.
3. One county commissioner shall be elected from among the residents of the other incorporated cities in the county by the residents of such cities.
4. One county commissioner shall be elected from among the residents of the unincorporated areas of the county by the residents of such areas.
5. One county commissioner shall be elected at large within the county.
Sec. 5. NRS 244.025 is hereby amended to read as follows:
244.025 1. County commissioners shall be elected by the qualified electors of their respective counties.
κ1969 Statutes of Nevada, Page 1532 (CHAPTER 678, AB 763)κ
2. At the general election held in 1968 and at the general election every 4 years thereafter, two persons shall be elected to serve on the board of county commissioners for terms of 4 years.
3. At the general election held in 1970 and at the general election held every 4 years thereafter, one person shall be elected to serve on the board of county commissioners for a term of 4 years.
4. This section shall not apply to counties having a population of [50,000 or more.] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 6. NRS 244.033 is hereby amended to read as follows:
244.033 1. Terms of county commissioners in counties having a population of [50,000 or more] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall be as provided in this section.
2. At the general election in 1960 there shall be elected:
(a) One person who resides at the county seat and one person who resides in an unincorporated area of the county for terms of 2 years.
(b) One person who resides at the county seat and one person who resides in an incorporated city which is not the county seat for terms of 4 years.
3. At the general election in 1962 there shall be elected one person who resides at the county seat, one person who resides in an unincorporated area of the county and one person at large within the county for terms of 4 years.
4. Thereafter, at each general election, the office of county commissioner shall be filled for terms of 4 years in the order in which the terms of office expire.
Sec. 7. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than [50,000 population] 100,000 population as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall petition the board of county commissioners of their county to divide the county into three commissioner districts, the question shall be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. If a majority of the voters voting on such question approve the division, the board of county commissioners shall divide the county into three commissioner districts on or before the 1st Monday in July preceding each general election. Such division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward shall be wholly within one of the commissioner districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.
κ1969 Statutes of Nevada, Page 1533 (CHAPTER 678, AB 763)κ
2. The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period of not less than 20 days prior to each general election.
4. County commissioners shall be elected at large by the qualified electors of the county.
5. Such commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.
6. Upon the abolition of commissioner districts the incumbent county commissioners shall be entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners shall be elected at large from within the county.
Sec. 8. NRS 244.164 is hereby amended to read as follows:
244.164 1. In each county having a population of [120,000] 200,000 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 have the power to create the office of registrar of voters, to prescribe the qualifications, duties and compensation of such office and to make appointments to such office.
2. The registrar of voters, upon appointment as provided in subsection 1, shall assume all of the powers and duties heretofore vested in and imposed upon the county clerk of such county with respect to elections, except the duties imposed by virtue of NRS 293.393 to make out and deliver certificates of election.
Sec. 9. NRS 244.3081 is hereby amended to read as follows:
244.3081 1. In addition to powers elsewhere conferred upon counties, any county having a population of [75,000] 100,000 or more, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better recreational and park facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire suitable sites or grounds, or any interests therein, for any such recreational or park facilities; and
(d) To operate and maintain such facilities and to sell and otherwise dispose of such facilities.
2. Recreational and park facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds, or interest therein, as are used for such recreational and park purposes.
κ1969 Statutes of Nevada, Page 1534 (CHAPTER 678, AB 763)κ
Sec. 10. NRS 244.366 is hereby amended to read as follows:
244.366 1. The board of county commissioners of any county having a population of [85,000 or more] 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall have the power, outside of the limits of incorporated cities and towns:
(a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:
(1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.
(2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.
(3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.
(4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.
(b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.
(c) To operate and maintain any such water facilities, sewer facilities, lands, rights in land and water rights.
(d) To sell, lease, donate for public use and otherwise dispose of such water facilities, sewer facilities, lands, rights in land and water rights.
(e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by such water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of such rates, fees, tolls or charges.
(f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of-way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.
κ1969 Statutes of Nevada, Page 1535 (CHAPTER 678, AB 763)κ
(g) To provide for the disconnection of plumbing facilities from any such private sewage facilities and for the discontinuance and elimination of such private sewage facilities.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
3. This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.
4. Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section shall be guilty of a misdemeanor.
Sec. 11. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and
(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of [120,000] 200,000 or more, the county fair and recreation board shall be selected as provided in NRS 244.7802. In counties having a population of [30,000 or more and less than 120,000,] 100,000 or more and less than 200,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than [30,000,] 100,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:
κ1969 Statutes of Nevada, Page 1536 (CHAPTER 678, AB 763)κ
and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
3. In counties having a population of [30,000 or more and less than 120,000,] 100,000 or more and less than 200,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of less than [30,000,] 100,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
5. In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
Sec. 12. NRS 244.660 is hereby amended to read as follows:
244.660 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. Except as provided in subsection 3, no member shall receive any compensation as an employee of the board or otherwise, and no member of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county having a population of [120,000] 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall receive $100 per month or $25 for each regular board meeting attended, whichever is less.
Sec. 13. NRS 244.687 is hereby amended to read as follows:
244.687 Notwithstanding any other provision of law, no county fair and recreation board in a county having a population of [30,000 or more and less than 120,000] 100,000 or more and less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall acquire, purchase, lease, sell, or dispose of any real property or engage in any other transac tion relating to real property without prior approval of the board of county commissioners.
κ1969 Statutes of Nevada, Page 1537 (CHAPTER 678, AB 763)κ
tion relating to real property without prior approval of the board of county commissioners.
Sec. 14. NRS 244.760 is hereby amended to read as follows:
244.760 1. Except for revenue bonds, the maximum bonding limit of any county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, shall be 5 percent of the total last-assessed valuation of the taxable property of the county, and no such county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of the valuation.
2. Except for revenue bonds, the maximum bonding limit of any county having a population of less than [120,000,] 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, shall be 3 percent of the total last-assessed valuation of the taxable property of the county, and no such county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of the valuation.
Sec. 15. NRS 244.7801 is hereby amended to read as follows:
244.7801 The provisions of NRS 244.7801 to 244.7806, inclusive, apply to any county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 16. NRS 244.7803 is hereby amended to read as follows:
244.7803 [In counties having a population of 120,000 or more, the] The county fair and recreation board as constituted pursuant to NRS 244.7802 shall, by resolution, designate the name by which the fair and recreation board of that county shall be known, and the name designated may contain the name of the largest incorporated city within the county. It shall be lawful for the fair and recreation board of such county to use such designated name for all purposes, including the right to contract, to sue and be sued, and to perform all of its functions and exercise all of its powers.
Sec. 17. NRS 258.065 is hereby amended to read as follows:
258.065 1. In any township in this state [wherein the population at the last preceding federal decennial census was 25,000 or more,] having a population of 100,000 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 may appoint for the constable of any such township a clerk, and provide compensation therefor.
2. The constables clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.
κ1969 Statutes of Nevada, Page 1538 (CHAPTER 678, AB 763)κ
3. The constables clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.
Sec. 18. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, shall apply only to cities located in counties having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 19. NRS 268.610 is hereby amended to read as follows:
268.610 The provisions of NRS 268.610 to 268.670, inclusive, shall apply only to cities located in counties having a population of less than [120,000,] 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 20. NRS 268.626 is hereby amended to read as follows:
268.626 There is hereby created, in each county of the state having a population according to the most recent decennial census of the Bureau of the Census of the United States Department of Commerce of [25,000 or more and less than 120,000,] 100,000 or more and less than 200,000, a city annexation commission which shall consist of members to be selected as follows:
1. Two members representing the county, one of whom shall be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.
2. One member representing each city, who shall be a member of the governing body to be chosen by the governing body.
3. If the provisions of subsections 1 and 2 result in an even number of members, one member shall be added who shall be a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in NRS 268.628, no additional member has been chosen, the governor shall appoint some person qualified as provided in this subsection.
Sec. 21. NRS 269.0165 is hereby amended to read as follows:
269.0165 1. A town board form of government may be adopted by means of initiative petition of the residents of such town.
2. The procedures established by NRS 295.085 to 295.125, inclusive, for the adoption of county ordinances by initiative petition shall be followed by such residents and each document of the petition shall set forth briefly the proposal to establish a town board form of government. The election required to be held if the proposal is not adopted by the board of county commissioners shall be held not less than 30 days nor more than 60 days after the date of the final vote thereon.
3. Members of the town board shall be appointed and elected as provided in:
(a) NRS 269.017, if the proposal to adopt the town board form of government is approved by the board of county commissioners; or
(b) Section 1 of [this act,] Senate Bill No. 178 of the 55th session of the Nevada legislature, if such proposal is submitted to the electors for their approval.
κ1969 Statutes of Nevada, Page 1539 (CHAPTER 678, AB 763)κ
4. This section does not apply to any county having a population of [50,000] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 22. NRS 277.060 is hereby amended to read as follows:
277.060 1. In any county having a population of [85,000 or more,] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, any county, city, town, unincorporated city or town, water district, sewer or sanitation district or other political subdivision of the state authorized by law to acquire, operate and maintain water or sewage facilities, or both, or to improve a governmental service in connection therewith, may contract with one or more of such political subdivisions, provided such contract shall be authorized by each party thereto with the approval of its legislative body or other authority having the power to enter into or approve such contract.
2. Any such contract shall set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.
3. The contract may:
(a) Include, among other things, the renting of machinery and equipment, mobile or otherwise.
(b) Provide for the payment for water facilities, sewer facilities, lands, rights in land and water rights sold, leased or otherwise alienated, such payment to be made within a period of time not exceeding 30 years from the date of the contract from the rates, fees, tolls or charges derived from the operation of the water or sewer facilities, or both, upon such terms and conditions as may be specified in the contract, without such obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.
4. The equipment and employees of any such political subdivision, while engaged in performing any such governmental service, activity or undertaking under such a contact, shall have and retain all the rights, privileges and immunities of, and shall be deemed to be engaged in the service and employment of, such political subdivision, notwithstanding such governmental service, activity or undertaking is being performed in or for another such political subdivision.
5. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objective, and not an exclusive one.
6. This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 23. NRS 278.345 is hereby amended to read as follows:
278.345 Whenever any subdivider proposes to subdivide any lands within an incorporated city in a county having a population of [120,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, which does not have a regional planning commission, the subdivider shall file a tentative map of his proposed subdivision with the county planning commission.
κ1969 Statutes of Nevada, Page 1540 (CHAPTER 678, AB 763)κ
the Bureau of the Census of the United States Department of Commerce, which does not have a regional planning commission, the subdivider shall file a tentative map of his proposed subdivision with the county planning commission. The county planning commission shall have not to exceed 30 days time for action on the map and report to the governing body of the city in which the subdivision is situated. The governing body of the city shall take into consideration the report of the county planning commission before approving the final map of any subdivision.
Sec. 24. NRS 293.460 is hereby amended to read as follows:
293.460 1. In counties having a population of less than [80,000] 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
(a) Each voting board officer serving shall receive $10 from the county treasury for the first 8 hours, and $2 per hour thereafter, for all services required to be rendered during the election, including those services rendered prior to the opening of the polls and after the closing thereof.
(b) Each county board officer shall receive the sum of $10 for the first 8 hours, and $2 per hour thereafter.
(c) Where an election board acts as both voting board and counting board, each member shall receive $10 for the time he acts as a voting board member, and $2 per hour for each hour he acts as a counting board member.
(d) Where voting machines are used, each election board officer shall receive the sum of $20 for his services.
(e) Specially appointed deputy sheriffs shall receive $10 as compensation for rendering the services required of the deputy sheriff on election day.
2. In counties having a population of [80,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the compensation of voting board officers, counting board officers, specially appointed deputy sheriffs and other election board officers shall be fixed by county ordinance.
Sec. 25. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of [120,000] 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140 or, prior to May 1, 1967, in chapter 311 of NRS, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.
2. When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.095, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
κ1969 Statutes of Nevada, Page 1541 (CHAPTER 678, AB 763)κ
(b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.
(d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer.
(e) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
Sec. 26. NRS 373.040 is hereby amended to read as follows:
373.040 1. In counties having a population of [25,000] 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall be composed of representatives selected as follows:
(a) Two by the board.
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional city in the county.
2. In counties having a population of less than [25,000] 100,000 as so determined, the commission shall be composed of representatives selected as follows:
(a) If the county contains a city:
(1) Two by the board.
(2) One by the governing body of the largest city.
(b) If the county contains no city, the board shall select:
(1) Two members of the board; and
(2) One representative of the public, who shall be a resident of the largest town, if any, in the county.
3. In Carson City, the commission shall be composed of representatives selected by the board of supervisors as follows:
(a) Two members of the board of supervisors.
(b) One representative of the city at large.
4. The first representative shall be selected within 30 days after passage of the ordinance creating the commission, and shall serve until the next-ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance shall be selected within 30 days after the first meeting of the governing body, and shall serve until the next-ensuing December 31 of an even-numbered year. Their successors shall serve for terms of 2 years, and vacancies shall be filled for the unexpired term.
Sec. 27. NRS 373.140 is hereby amended to read as follows:
373.140 1. After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction projects in the county which are proposed to be financed from the county motor vehicle fuel tax shall be first submitted to the regional street and highway commission.
κ1969 Statutes of Nevada, Page 1542 (CHAPTER 678, AB 763)κ
2. Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:
(a) The priorities established by the plan;
(b) The relation of the proposed construction to other projects already constructed or authorized;
(c) The relative need for the project in comparison with others proposed; and
(d) The funds available.
If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project shall be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.
3. Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:
(a) Its relation to the streets and highways plan;
(b) The relation of the proposed construction to other projects constructed or authorized;
(c) The relative need for the proposed construction in relation to others proposed by the same city or town; and
(d) The availability of funds.
If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
4. In counties having a population of less than [25,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall:
(a) Certify the adoption of the plan;
(b) Submit a copy of the plan to the Nevada tax commission; and
(c) Certify its compliance with subsections 2 and 3 in the adoption of the plan.
Sec. 28. NRS 373.143 is hereby amended to read as follows:
373.143 In counties having a population of less than [25,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall submit an annual report to the Nevada tax commission for the fiscal year showing the amount of receipts from the county motor vehicle fuel tax and the nature of the expenditures for each project.
Sec. 29. NRS 373.145 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1543 (CHAPTER 678, AB 763)κ
373.145 In counties having a population of less than [25,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall, before commencement of the work on any project, submit specifications and plans of such project to the state highway engineer for review. The commission is not required to follow any suggestion made by the state highway engineer.
Sec. 30. NRS 450.060 is hereby amended to read as follows:
450.060 In all counties where existing hospitals are taken over by a board of hospital trustees, as provided in this chapter, additional necessary buildings and sites may be acquired only by holding an election and voting a bond issue according to the terms of this chapter, the same as if no hospital then existed; but in counties having a population of [25,000 persons or more,] 100,000 persons or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in cases where buildings or parts thereof have been constructed but remain unfinished and unequipped, the board of hospital trustees may complete the building or buildings or part or parts thereof and furnish and equip the same from the boards current receipts, without a bond issue.
Sec. 31. NRS 450.070 is hereby amended to read as follows:
450.070 1. The board or boards of county commissioners creating a board of hospital trustees, pursuant to NRS 450.070 to 450.110, inclusive, shall immediately proceed to appoint five trustees who shall constitute a board of hospital trustees for the public hospital. Such appointed trustees shall:
(a) Be chosen from the citizens at large with reference to their fitness for office.
(b) Be residents of the county or counties concerned, but not more than three shall be residents of the city or town in which the hospital is to be located. In Carson City, all trustees shall be residents of Carson City.
2. The trustees so appointed shall hold their offices until the next following general election, when five hospital trustees shall be elected, who shall hold their offices, three for 2 years and two for 4 years. At subsequent general elections, the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees for terms of 4 years in the same manner as other county officers are elected.
3. At the general election of 1956, a complete new board of five hospital trustees shall be elected for each existing county public hospital. Three trustees shall be elected for terms of 2 years and two trustees shall be elected for terms of 4 years. Thereafter:
(a) In any county whose population is less than [50,000 or whose population is 120,000] 100,000 or whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.
(b) In any county whose population is [50,000 or more but less than 120,000,] 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected from the county at large for terms of 4 years.
κ1969 Statutes of Nevada, Page 1544 (CHAPTER 678, AB 763)κ
120,000,] 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected from the county at large for terms of 4 years.
Sec. 32. NRS 450.090 is hereby amended to read as follows:
450.090 1. In any county having [50,000] 100,000 or more population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.
2. In any county having less than [50,000] 100,000 population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall be a voting member of the board of hospital trustees during his term of office as county commissioner.
Sec. 33. NRS 481.057 is hereby amended to read as follows:
481.057 In counties with a population in excess of [75,000,] 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the director may arrange for the office of the drivers license division to remain open on Saturdays and Sundays and at hours other than 8 a.m. to 5 p.m.
Sec. 34. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative rules and regulations as may be necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director shall designate the county assessor of each county with a population of less than [25,000,] 100,000, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, as agent to assist in carrying out the duties of the department in such county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates shall provide for compensation based upon the reasonable value of the services of such agent but shall not exceed $1 for each registration.
Sec. 35. NRS 482.225 is hereby amended to read as follows:
482.225 1. Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department shall notify the representative of the Nevada tax commission or the commissions agent of the owners or registrants intent to register such vehicle.
κ1969 Statutes of Nevada, Page 1545 (CHAPTER 678, AB 763)κ
shall notify the representative of the Nevada tax commission or the commissions agent of the owners or registrants intent to register such vehicle. The commissions representative or its agent shall determine and collect any use tax due, and shall remit the taxes he collects to the Nevada tax commission.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state and the representative or agent of the Nevada tax commission shall collect such tax and remit it to the Nevada tax commission.
3. Until notified by the Nevada tax commissions representative or its agent of payment of or exemption from the tax, the department shall refuse to register the vehicle.
4. In counties with a population of [25,000] 100,000 or more, where the department has established branch offices, space shall be provided by the department for a representative of the Nevada tax commission, who shall determine and collect the use tax on vehicles as provided in subsections 1 and 2. In any county with a population of less than [25,000,] 100,000, as determined by the last preceding national census compiled by the Bureau of the Census of the United States Department of Commerce, the commission may designate the county assessor, the department or the agent of the department as the agent of the Nevada tax commission for the collection of use tax.
5. For purposes of collection of use tax under the provisions of chapter 706 of NRS, the Nevada tax commission may designate the department as agent.
6. If the taxpayer can controvert the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the Nevada tax commissions representative, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission together with his claim for refund of tax erroneously or illegally collected.
7. If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.
Sec. 36. NRS 543.250 is hereby amended to read as follows:
543.250 1. The board of county commissioners of any county having a population of [100,000] 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is hereby vested with jurisdiction, power and authority to create districts.
2. No member of a board of county commissioners or board of directors shall be disqualified to perform any duty imposed by NRS 543.160 to 543.840, inclusive, by reason of ownership of property within any proposed district.
Sec. 37. Wherever there appears in any chapter of Statutes of Nevada 1969, or in any section of Nevada Revised Statutes not amended by this act, a county classification based upon a minimum population of 25,000 or more but less than 100,000, such minimum population shall be deemed to read 100,000, and where the county classification is based upon a minimum population of 100,000 or more, such minimum population shall be deemed to read 200,000; and in preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall change such county population classifications to correspond therewith.
κ1969 Statutes of Nevada, Page 1546 (CHAPTER 678, AB 763)κ
deemed to read 100,000, and where the county classification is based upon a minimum population of 100,000 or more, such minimum population shall be deemed to read 200,000; and in preparing the 1969 supplement to Nevada Revised Statutes, the legislative counsel shall change such county population classifications to correspond therewith.
Sec. 38. This act shall become effective in 1970 on the date when the Secretary of Commerce reports the 1970 census of population to the President of the United States as required in 13 U.S.C. 141 (b).
________
Senate Bill No. 530Committee on Public Resources
CHAPTER 679
AN ACT relating to the administration of the fish and game laws; creating the state fish and game advisory board; making the state board of fish and game commissioners appointive; creating the Nevada department of fish and game; separating enforcement authority from policymaking authority; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.120 is hereby amended to read as follows:
501.120 There is hereby created the state [board of fish and game commissioners,] fish and game advisory board, which shall consist of 17 members, one from each of the counties of the state [.] and one from Carson City, who shall be appointed by the governor on or before June 15, 1969.
Sec. 2. NRS 501.125 is hereby amended to read as follows:
501.125 Each member [shall be a citizen of the State of Nevada, and an actual, bona fide resident of the county from which he is selected.] of the state board and the commission shall have demonstrated an active interest in wildlife affairs over a period of at least 5 years.
Sec. 3. NRS 501.130 is hereby amended to read as follows:
501.130 1. [At the general election in 1948, there shall be elected in each county of the state, on a nonpartisan ballot, one person as state fish and game commissioner.
2. The term of office of each commissioner first elected at the 1948 general election shall be:
(a) From the counties of Elko, Lincoln, Nye, Esmeralda, Lyon, Eureka, Pershing and Washoe, 2 years.
(b) From Carson City and the counties of White Pine, Clark, Mineral, Douglas, Lander, Churchill, Humboldt and Storey, 4 years.
3. After the expiration of the terms designated in subsection 2, the term of office of each commissioner shall be 4 years.] The commission shall consist of nine persons:
(a) The two state board members from Clark and Washoe counties, respectively;
κ1969 Statutes of Nevada, Page 1547 (CHAPTER 679, SB 530)κ
(b) Six state board members, who shall be selected by caucus of the remaining 15 state board members; and
(c) One person appointed at large by the governor, initially on or before June 15, 1969.
2. The initial terms of the members of the commission shall be as follows:
(a) The six members selected by caucus to serve until December 31, 1973.
(b) The three remaining members to serve until December 31, 1971.
3. After the expiration of the terms provided in subsection 2, the term of each succeeding commissioner shall be 4 years, and succession shall be determined as follows:
(a) The governor shall make appointments to the class of three commissioners, as provided in subsection 2 and in NRS 501.120.
(b) The caucus shall make appointments to the class of six commissioners, as provided in subsection 2.
Sec. 4. NRS 501.135 is hereby amended to read as follows:
501.135 1. Members [shall serve without salary, but shall be allowed the per diem expense allowances and travel expenses as fixed by law.] of the state board and the commission are entitled to receive $25 per day while performing official duties for the state board or the commission, plus the per diem allowance and travel expenses provided by law.
2. Compensation and expenses shall be paid from the fish and game fund.
Sec. 5. NRS 501.140 is hereby amended to read as follows:
501.140 1. In the event of a vacancy on the [commission] state board caused by death, resignation, [failure of election,] or a conflicting change of residence [to a county other than that which the member was elected to represent,] or other cause, the governor shall [, within 30 days, appoint an actual and bona fide resident within the county affected by the vacancy until the vacancy can be filled by election.] appoint a member to fill the unexpired portion of the term.
2. The governor may declare a vacancy for any of the causes provided. [, and make his appointment after reviewing the case as presented to him by the county game management board or by a representative sportsmens organization within the county affected.]
Sec. 6. NRS 501.150 is hereby amended to read as follows:
501.150 1. The commission shall hold regular meetings [at its principal place of business semiannually in each year, and the first regular meeting shall be held prior to March 15 of each year.] monthly at the headquarters office of the department or at such other locations as the commission may designate.
2. Special meetings of the commission may be held at such times and places as may be deemed necessary and proper.
3. [Nine] Five members of the commission shall constitute a quorum for the transaction of any and all business which may come before the commission.
Sec. 7. NRS 501.155 is hereby amended to read as follows:
501.155 1. [Each 2 years after July 1, 1947, the commission shall meet and organize by the election of an executive board of five members from the membership of the commission.
κ1969 Statutes of Nevada, Page 1548 (CHAPTER 679, SB 530)κ
from the membership of the commission. One member of the executive board shall be elected from each of the five districts as defined in NRS 501.335.
2. The executive board shall elect one member of the executive board as chairman, and one member of the executive board as secretary. The chairman and secretary shall act as chairman and secretary, respectively, of the commission.] The nine members of the state board who are not designated members of the commission as provided in NRS 501.130 shall become members of the county game management boards in their respective counties and shall be appointed for the following terms:
(a) Five members to serve until December 31, 1973.
(b) Four members to serve until December 31, 1971.
2. After the expiration of the terms provided in subsection 1, the term of each succeeding member shall be 4 years.
Sec. 8. NRS 501.160 is hereby amended to read as follows:
501.160 [The executive board shall meet at such times and places as may be deemed necessary and proper.] The state board shall meet at the call of the chairman of the commission not less than twice nor more than four times a year at the headquarters office of the department or at such other locations as the chairman may designate.
Sec. 9. NRS 501.165 is hereby amended to read as follows:
501.165 The [executive board shall have such powers and duties as may be conferred upon it by the commission, commensurate with this Title, and shall be responsible to and subject to the direction of the commission.] state board shall:
1. Serve as an advisory board only.
2. Serve as liaison between the several county game management boards and the commission.
Sec. 10. NRS 501.180 is hereby amended to read as follows:
501.180 1. [The commission may appoint a state director of fish and game, a technical advisor on fish and game, and such technical assistants and other assistants and clerks and state game wardens as it may deem necessary to conduct its business and enforce the provisions of this Title and of chapter 488 of NRS, who shall have such duties as may be fixed and determined by the commission. The state director of fish and game shall receive an annual salary in the amount specified in NRS 281.115. Compensation of other employees shall be fixed and determined by the commission.
2. When so appointed the state director and game wardens shall be clothed with all the police powers necessary to enforce the provisions of this Title and of chapter 488 of NRS. State game wardens appointed under the authority of this Title and regularly employed by the commission are empowered to act as peace officers for the service of legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of the fish and game laws and regulations and the Nevada Boat Act. Nothing in this subsection shall be construed to include such state game wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.
3. The commission may appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.]
κ1969 Statutes of Nevada, Page 1549 (CHAPTER 679, SB 530)κ
is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.] The commission shall appoint a director of the Nevada department of fish and game, who shall be its chief administrative officer. He is entitled to receive an annual salary as provided in NRS 281.115.
2. The director shall be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. The director shall:
(a) Be a graduate from a recognized school in the field of fish and game, resources management or a closely related field.
(b) Possess at least 5 years experience in the field of resources management.
Sec. 11. NRS 501.183 is hereby amended to read as follows:
501.183 The commission may require any officer or employee of the [commission] department to furnish a surety bond at the expense of the [commission] department in the amount and form approved by the commission in accordance with the provisions of chapter 282 of NRS. Any bond required under this section shall be issued by a surety company and shall not be issued under the provisions of NRS 282.230 to 282.350, inclusive.
Sec. 12. NRS 501.210 is hereby amended to read as follows:
501.210 [The members of the commission, individually and collectively, shall have full power and authority to enforce all laws of the State of Nevada respecting the protection, preservation and propagation of fish, game animals and game birds within the state.]
1. Those regular employees and others designated by the director as fish and game wardens shall have full power and authority to enforce all provisions of this Title and of chapter 488 of NRS.
2. Such wardens may act as peace officers for the service of such legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of this Title and of chapter 488 of NRS.
3. Nothing in subsection 2 shall be construed to include employees designated as wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.
Sec. 13. NRS 501.215 is hereby amended to read as follows:
501.215 [The commission shall have the exclusive power to expend and disburse all funds of the State of Nevada acquired for the protection, preservation or propagation of fish and game, and derived from state appropriations, gifts, license fees or otherwise, in the manner provided in this Title.] The department shall receive, deposit and expend all moneys provided by law for the administration of this Title and of chapter 488 of NRS, pursuant to the authority contained in NRS 501.255 and 501.256 and in accordance with commission policy.
Sec. 14. NRS 501.227 is hereby amended to read as follows:
501.227 1. The [commission] department may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which it owns, holds by reason of leases or controls by reason of any other legal agreement.
κ1969 Statutes of Nevada, Page 1550 (CHAPTER 679, SB 530)κ
rights in and to real property which it owns, holds by reason of leases or controls by reason of any other legal agreement.
(b) Sell the timber and all other crops or agricultural products of whatever kind produced on such real property.
2. Except as provided in subsection 3, whenever the [commission] department intends to lease grazing or pasturage rights or to sell or offer for sale timber or any agricultural products as provided in subsection 1, the [commission] department shall do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.
3. Notwithstanding any other provisions of this section, the [commission] department may enter into a lease with or make a sale to a state agency without advertising for bids if the rent agreed to be paid for such lease or the sale price agreed to be paid for any timber or agricultural commodities to be sold is, in the opinion of the [commission,] department, equal to the amount that would be obtained by advertising for bids.
4. If the [commission] department finds that the highest or best bid is less than the amount that should be paid, the [commission] department may reject all bids and negotiate with interested persons for such lease or sale, but in no event shall any negotiated price be accepted if less in amount than the highest bid therefor tendered for the same lease or sale.
5. If the [commission] department has purchased real property and the deed therefor contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the [commission] department of grazing or pasturage rights to such real property or the sale of timber or agricultural products from such real property, the [commission] department shall comply with the terms of such covenant or provision in the deed.
6. Subject to the provisions of subsection 8, the [commission] department may enter into a lease or leases with the highest responsible bidder for the extraction of minerals, oil, gas and other hydrocarbons for a term of 20 years, and for so long thereafter as the lessees continue mining, drilling or continue to produce oil in commercial quantities. The compensation to be paid for such leases may be either:
(a) An agreed amount; or
(b) Based upon a royalty basis; or
(c) An agreed amount plus a royalty payment based upon units of production.
7. Subject to the provisions of subsection 8, the [commission] department shall have the same authority to lease or sell thermal power as is provided in this section, but the [commission] department may, in its discretion, enter into leases for the production of thermal power for terms not exceeding 99 years.
8. Any lease or leases executed pursuant to the provisions of subsections 6 or 7 shall, before becoming effective, be approved by the governor.
Sec. 15. NRS 501.230 is hereby amended to read as follows:
501.230 1. The [commission is authorized to enter into cooperative agreements with the Federal Government or any agency thereof for the conservation, restoration and management of fish resources of and in this state.
κ1969 Statutes of Nevada, Page 1551 (CHAPTER 679, SB 530)κ
conservation, restoration and management of fish resources of and in this state.
2. The chairman of the commission is designated as the agent of the State of Nevada to negotiate and execute any such contracts of cooperation now authorized or which may be authorized by congressional enactment.
3. The commission may adopt such regulations as are necessary and proper to administer and enforce the provisions of any such cooperative agreement.] department is authorized to enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, adjoining states or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, for the purpose of implementing commission policy.
2. Such agreements shall not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.
Sec. 16. NRS 501.243 is hereby amended to read as follows:
501.243 1. [On and after July 1, 1965, the commission] The department shall execute, administer and enforce and perform the functions and duties provided in chapter 488 of NRS (Nevada Boat Act).
2. The commission has the power and authority to:
(a) Promulgate [and enforce] rules and regulations governing the use of waters for recreational purposes, which waters are open to the public and are not under the direct control of any other state or federal agency for recreational use.
(b) Enter into cooperative agreements with federal, state and county agencies having regulatory powers pertaining to the use of public waters for recreational purposes for the purpose of coordinating such rules and regulations.
Sec. 17. NRS 501.245 is hereby amended to read as follows:
501.245 [After information has been filed with the commission by the owner or tenant of any land or property that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by game animals, game birds or fur-bearing animals, the commission may, after thorough investigation and pursuant to such regulations as it may promulgate,] After the owner or tenant of any land or property has filed a written report with the department indicating that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by game animals, game birds or fur-bearing animals, the department may, after thorough investigation and pursuant to such regulations as the commission may promulgate, cause such action to be taken as it may deem necessary, desirable and practical to prevent or alleviate such damage or threatened damage to such land or property.
Sec. 18. NRS 501.250 is hereby amended to read as follows:
501.250 Whenever in this Title [the commission is required to make publication of any official order or regulation with regard to open or closed seasons, bag limits, hours or other regulatory matters, such publication shall be made by insertion of a legal notice in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies.
κ1969 Statutes of Nevada, Page 1552 (CHAPTER 679, SB 530)κ
order or regulation applies. Such legal notice shall be published once in such newspaper and the order or regulation shall become effective as soon as such publication is accomplished, unless otherwise specified in the order or regulation.] or by the provisions of chapter 488 of NRS the commission is required to publish any official order or regulation, it shall:
1. Comply with chapter 233B of NRS with regard to all such orders or regulations dealing with subjects other than open or closed seasons, bag limits or hours.
2. With regard to open or closed seasons, bag limits or hours, publish once in each case, in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies:
(a) A notice of intention to establish such order or regulation at an open meeting to be held at least 20 days following such publication; and
(b) Upon the establishment of such order or regulation a notice of that fact, which publication date shall become the effective date of such order or regulation, unless otherwise provided in such order or regulation.
Sec. 19. NRS 501.255 is hereby amended to read as follows:
501.255 1. There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and moneys from all other sources [for fish and game propagation] as provided by law, including appropriations made by the legislature.
2. The moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075, remittances from the state treasurer received pursuant to the provisions of NRS 365.535 and moneys received from all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred annually to the fish and game fund between June 1 and [June 30] July 31 for use of the [commission] department during the next succeeding fiscal year.
3. The [fish and game fund shall be used for and be subject to:
(a) The payment of the expenses of propagating, restoring and introducing fish in the public waters of this state.
(b) The propagation, protection, restoration and transferring of game birds and animals in this state.
(c) The payment of the expenses incurred in the prosecution of offenders against the fish and game laws and fish and game license laws of the state.
(d) The cost of acquisition, construction, management and maintenance of fish hatcheries in the state.
(e) All other necessary expenses attendant upon the protection and propagation of fish and game.] department may use so much of any such available moneys as may be necessary for:
κ1969 Statutes of Nevada, Page 1553 (CHAPTER 679, SB 530)κ
(a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.
(b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.
(c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.
(d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.
(e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.
(f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the [commission] department pursuant to the provisions of NRS 365.535 and 488.075.
4. All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds.
Sec. 20. NRS 501.256 is hereby amended to read as follows:
501.256 1. The fish and game reserve fund is hereby created. Such fund shall consist of the interest paid on deposits made pursuant to the provisions of subsection 2 of NRS 501.255, which interest shall be transferred annually between June 1 and [June 30] July 31 to the fish and game reserve fund until such fund totals $150,000, and thereafter as may be necessary to maintain the reserve fund at $150,000. The interest paid on such deposits above the amount necessary to maintain the reserve fund at $150,000 shall be transferred annually between June 1 and [June 30] July 31 to the fish and game fund.
2. The moneys in the fish and game reserve fund shall be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada.
3. Moneys in the fish and game reserve fund may be expended at such times and in such amounts as may be necessary for:
(a) The acquisition of lands, water rights, easements and other property to be used for [fish and game] wildlife management.
(b) Any expenses which may be necessary for the propagation, protection, restoration [and transferring of fish and game birds and animals in this state.] , introduction and transplanting of wildlife in or into this state.
(c) The financing of any emergency measures which may be necessary for the protection, management and propagation of [fish and game] wildlife in this state.
4. No moneys in the fish and game reserve fund shall be transferred to the general fund in the state treasury at any time.
Sec. 21. NRS 501.257 is hereby amended to read as follows:
501.257 A petty cash fund in the amount of $50 for the payment of minor expenses of the [commission] department is hereby created.
κ1969 Statutes of Nevada, Page 1554 (CHAPTER 679, SB 530)κ
of minor expenses of the [commission] department is hereby created. Such fund shall be kept in the custody of an employee designated by the [commission] director and shall be replenished periodically from the fish and game fund upon approval of expenditures as required by [NRS 501.170] law and submission of vouchers or other documents to indicate payment as may be prescribed. [by the commission.]
Sec. 22. NRS 501.2571 is hereby amended to read as follows:
501.2571 A change fund in the amount of $200 is hereby created. Such fund shall be kept in the custody of an employee designated by the [commission] director and shall be used for the making of change incidental to the business of the [commission.] department.
Sec. 23. NRS 501.260 is hereby amended to read as follows:
501.260 1. There is hereby created a county game management board in each of the several counties.
2. Each county board shall consist of [the member of the commission from that county, who shall have no vote, and three members, appointed or elected as provided in NRS 501.265.] three members.
3. The chairman of such board shall be the member of the state board from such county in those counties where such member is not a member of the commission. In other counties the chairman shall be selected by each board.
Sec. 24. NRS 501.265 is hereby amended to read as follows:
501.265 1. [Except as provided in subsection 2, the three voting members of the county board shall be appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county.
2. Upon the filing of a petition containing the signatures of 10 percent or more of the qualified electors who voted for the office of district attorney in any county at the last general election, within 30 days preceding the last day for filing of declaration of candidacies as in any general election, requesting that the members of the county board be elected, the county clerk shall declare an election to fill the vacancies on the board resulting from the expiration of the regular terms of the members of the board, and shall accept nomination of candidacies for these positions, and shall place the names of the candidates on the regular general election ballot, doing all things that are necessary and required in such matters under the general election laws. Such duly elected members of the board shall be chosen on a nonpartisan ballot and shall be elected to serve for a term of 2 years from the 1st Monday in January next succeeding their election. If the term of an elected board member expires without the election of a successor, the board of county commissioners shall appoint a successor in accordance with the provisions of subsection 1.] Each member of the board, except those persons who are members by virtue of NRS 501.155, shall be appointed by the board of county commissioners upon the recommendation of the organized sportsmen of the county.
2. The names and addresses of the members so appointed shall be reported to the commission by the board of county commissioners.
3. As soon as practicable after the effective date of this act, the boards of county commissioners shall, in the remaining counties of the state, appoint members to the boards of their respective counties as follows:
κ1969 Statutes of Nevada, Page 1555 (CHAPTER 679, SB 530)κ
state, appoint members to the boards of their respective counties as follows:
(a) Two members to serve until December 31, 1973.
(b) One member to serve until December 31, 1971.
4. After the expiration of the terms provided in subsections 1 and 2:
(a) The term of each succeeding board member shall be 4 years.
(b) The number of appointments to be made by the several boards of county commissioners from time to time shall be dependent upon the particular distribution of appointments among the counties resulting under the provisions of NRS 501.155.
Sec. 25. NRS 501.270 is hereby amended to read as follows:
501.270 The members of the county board shall be citizens of Nevada and actual, bona fide residents of the county from which appointed. [or elected.]
Sec. 26. NRS 501.275 is hereby amended to read as follows:
501.275 [Immediately after March 30, 1953, the board of county commissioners of each county shall appoint two members whose terms shall expire on July 1, 1954; the board of county commissioners shall appoint a third member whose term shall expire on July 1, 1955. The term of the member appointed to fill the vacancy in the membership of the board occurring on July 1, 1961, and the terms of the members appointed to fill the vacancies in the membership of the board occurring on July 1, 1962, shall expire on the 1st Monday in January 1963. The term of office of each member after the expiration of such terms shall be 2 years.]
1. As soon as practicable after the effective date of this act, the boards of county commissioners shall, in those counties where one county game management board member has already been appointed under the provisions of NRS 501.155, appoint members to the boards of their respective counties as follows:
(a) One member to serve until December 31, 1973.
(b) One member to serve until December 31, 1971.
2. As soon as practicable after the effective date of this act, the boards of county commissioners shall, in the remaining counties of the state, appoint members to the boards of their respective counties as follows:
(a) Two members to serve until December 31, 1973.
(b) One member to serve until December 31, 1971.
3. After the expiration of the terms provided in subsections 1 and 2:
(a) The term of each succeeding board member shall be 4 years.
(b) The number of appointments to be made by the several boards of county commissioners from time to time shall be dependent upon the particular distribution of appointments among the counties resulting under the provisions of NRS 501.155.
Sec. 27. NRS 501.280 is hereby amended to read as follows:
501.280 1. [In making all appointments to fill vacancies for succeeding full terms the board of county commissioners shall give consideration to the recommendations of persons for appointment received from all recognized sportsmens organizations in the county.
κ1969 Statutes of Nevada, Page 1556 (CHAPTER 679, SB 530)κ
2. The board of county commissioners upon appointment of members shall notify the commission of the members names and residence addresses.] Vacancies on any board, except as provided in subsection 2, shall be filled by the affected board of county commissioners on the basis of the recommendation of the organized sportsmen of the county.
2. A vacancy in the term of any board member who is also a member of the state board shall be filled by the governor.
Sec. 28. NRS 501.290 is hereby amended to read as follows:
501.290 [The county board shall meet at least once every month on the day before the first monthly meeting of the board of county commissioners. If this day shall fall on a Sunday or a holiday, the meeting shall be held on the day prior to such Sunday or holiday.] The board shall meet quarterly at least 30 days prior to each quarterly meeting of the commission and at such other times as the chairman may call or the commission may request.
Sec. 29. NRS 501.310 is hereby amended to read as follows:
501.310 [1.] There is hereby created in each of the counties of this state a county fund to be known as and called the county fish and game fund. The county fish and game fund shall be kept in the county treasury, and all moneys received from the [commission] department shall be placed in such fund.
[2. The county fish and game fund shall be subject to:
(a) The orders of the county board for the expenses of propagating, protecting, restoring and introducing fish and game.
(b) The payment of the expenses incurred in the prosecution of offenders against the fish and game laws and fish and game license laws of the state.
(c) The payment of the cost of purchase of licenses and all other books and blanks required in the county.
(d) The cost of acquisition, construction and maintenance of fish hatcheries in the county, and for all other necessary expenses connected therewith, approved by the county board.
3. Upon approval of the county board, the county auditor is directed to draw his warrant on the county treasurer for the respective amounts.]
Sec. 30. NRS 501.320 is hereby amended to read as follows:
501.320 1. Annually, not later than May 1, [the] each county board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for the preservation and propagation of fish and game within its county, and submit the same to the commission [.] accompanied by a statement of the previous years expenditures, certified by the county auditor.
2. The commission shall examine the budget in conjunction with its technical adviser, and may increase, decrease, alter or amend the same.
3. Upon approval of the budget, the [commission] department shall transmit a copy of the approved budget to the county board, and at the same time withdraw from the fish and game fund and transmit to the county board the sum of money required under the approved budget for disposition by the county board in accordance with the approved budget. All money so received shall be placed in the county fish and game fund.
κ1969 Statutes of Nevada, Page 1557 (CHAPTER 679, SB 530)κ
Sec. 31. Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 32 to 49, inclusive, of this act.
Sec. 32. (Deleted by amendment.)
Sec. 33. (Deleted by amendment.)
Sec. 34. (Deleted by amendment.)
Sec. 35. (Deleted by amendment.)
Sec. 36. (Deleted by amendment.)
Sec. 37. As used in this Title, state board means the state fish and game advisory board.
Sec. 38. (Deleted by amendment.)
Sec. 39. 1. There is hereby created the state board of fish and game commissioners, which shall consist of nine members, who shall be designated as provided in NRS 501.130.
2. Commission members shall serve the natural resources interests of the state as expressed in NRS 501.100.
3. The commission shall select one of its members as chairman.
Sec. 39.5. In the event of a vacancy on the commission caused by death, resignation or a conflicting change of residence or other cause, the original appointing authority for that member shall appoint a member to fill the unexpired portion of the term.
Sec. 40. The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons and property using or used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to such policy matters.
(d) The designation of fish and game wardens and for their training.
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Cover by such established policies the following areas of interest, but coverage is not necessarily limited to the following:
(a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife, the entry, access to, and occupancy and use of such property, including leases of grazing rights, sale of agricultural and timber products or exploration for or extraction of minerals, oil, gas or thermal power on lands controlled by the department under cooperative agreements or owned or leased by the department.
(d) The control of nonresident hunters.
(e) The introduction, transplanting or exporting of wildlife.
(f) Cooperation with federal, state and local agencies on wildlife and boating programs.
(g) The establishment and operation of private and commercial game farms, hunting preserves, hatcheries and guide services.
κ1969 Statutes of Nevada, Page 1558 (CHAPTER 679, SB 530)κ
(h) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.
4. Establish rules and regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including but not limited to the following:
(a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. Such regulations shall be established after first considering the recommendations of the department, the county game management boards and others who wish to present their views at the open meeting as provided by law.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) Nonresident quotas for big game and, if necessary, quotas for other game species for the regular and special seasons. The opening and closing dates of such seasons shall not discriminate between residents and nonresidents, but nonresident hunting seasons may be created by the commission by periods.
5. Approve the biennial budget of the department on the basis of conformity to commission policy, the provisions of this Title and of chapter 488 of NRS.
6. Be the appointing power of the director of the department under the provisions of this Title and of chapter 284 of NRS.
Sec. 41. The commission may enter into cooperative agreements with adjoining states for the management of interstate wildlife populations and for the establishment of uniform boating regulations.
Sec. 42. There is hereby created the Nevada department of fish and game, which shall administer the fish and game laws of this state and chapter 488 of NRS.
Sec. 43. The director shall:
1. Implement the policies, regulations and budget decisions of the commission.
2. Direct and supervise all administrative and operational activities of the department, and all programs administered by the department as provided by law. He shall devote his entire time to the duties of his office and shall follow no other gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
4. Appoint or remove, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require, and all such employees shall be responsible to him for the proper carrying out of the duties and responsibilities of their respective positions.
κ1969 Statutes of Nevada, Page 1559 (CHAPTER 679, SB 530)κ
duties and the operation of the department may require, and all such employees shall be responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The director shall designate a number of such employees as fish and game wardens.
5. Submit a biennial report to the governor, the legislature and the commission of the work of the department, with recommendations that he may deem necessary. The report shall set forth the facts relating to the condition of the wildlife, boating and related matters in the State of Nevada.
6. Submit technical and other reports to the commission as may be necessary or as may be requested, which shall enable the commission to establish policy, establish regulations and approve budgets.
7. Have full control of and be responsible for, through proper inventory control, all property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.
8. Act as nonvoting secretary to the commission.
Sec. 44. The director may:
1. In cases of emergency, exercise the powers of the commission until such time as the commission shall meet or the emergency end. It is expressly provided that no expenditure or commitment over $2,500 may be made without advance approval of the commission.
2. Designate an employee or employees of the department to act as his deputy or deputies. In the directors absence or inability to discharge the powers and duties of his office, such powers and duties shall vest and be imposed upon his deputy or deputies.
3. Designate persons outside the department as fish and game wardens if, in his opinion, the need for such is established, provided they are designated in accordance with the policy controlling such designations established by the commission.
Sec. 45. 1. The headquarters office of the department shall be maintained at Reno. Other offices may be established throughout the state in number and location as will, in the opinion of the director, provide an efficient departmental operation.
2. The director may enter into such leases and other agreements as may be necessary for the establishment of such offices. Such leases shall be executed with the assistance of the buildings and grounds division of the department of administration as provided by law.
Sec. 46. The department may:
1. Collect and disseminate, throughout the state, information calculated to educate and benefit the people of the state regarding wildlife and boating, and information pertaining to any program administered by the department.
2. Publish wildlife journals, for which a specific charge may be made or an annual subscription rate of not more than $5 may be charged, with the proceeds to be deposited in the fish and game fund.
Sec. 47. County board members who have been appointed by county commissioners may be removed by the boards of county commissioners of the counties served for cause, including, but not limited to, absences from three consecutive, duly called county board meetings, unless excused by their respective board chairmen.
κ1969 Statutes of Nevada, Page 1560 (CHAPTER 679, SB 530)κ
Sec. 48. County boards shall solicit and evaluate local opinion and advise the commission on matters relating to the management of wildlife within their respective counties.
Sec. 49. 1. County boards shall submit season recommendations on fishing and hunting, which shall be considered by the commission in its deliberation on and establishment of regulations covering open or closed seasons, bag limits and hours, and which may be overruled by the commission by a majority vote of the full commission only.
2. The chairman or county board member appointed by him shall attend commission meetings at which seasons are set or bag limits or hours established and is entitled to receive such travel and per diem expenses as are allowed by law.
Sec. 50. NRS 361.055 is hereby amended to read as follows:
361.055 1. All lands and other property owned by the state are exempt from taxation, except real property acquired by the [state board of fish and game commissioners pursuant to NRS 501.225] Nevada department of fish and game which is or was subject to taxation under the provisions of this chapter at the time of acquisition and except as provided in subsection 4.
2. In lieu of payment of taxes on each parcel of real property acquired by it which is subject to assessment and taxation pursuant to subsection 1, the [state board of fish and game commissioners] department shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to the same was acquired by the [state board of fish and game commissioners.] department.
3. Such payments in lieu of taxes shall be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.
4. All real estate owned by the State of Nevada located in each county shall be listed in a separate tax list and assessment roll book of that county at its full cash value. If the total value of such real estate owned by the state in a county is greater than 17 percent of the total value of all other real estate listed in the countys tax list and assessment roll books, that portion of the value of the real estate owned by the state which is in excess of such 17 percent may be taxed by the county as other property is taxed.
5. Moneys received pursuant to this section shall be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for such year.
Sec. 51. NRS 365.535 is hereby amended to read as follows:
365.535 1. The legislature finds as a fact that of the total amount of excise taxes paid annually on all motor vehicle fuel sold, distributed or used in this state not less than $100,000 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel so used, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).
κ1969 Statutes of Nevada, Page 1561 (CHAPTER 679, SB 530)κ
outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).
2. Beginning with the fiscal year commencing July 1, 1969, and in each fiscal year thereafter, the state treasurer shall, upon receipt of the tax moneys from the tax commission collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:
(a) Remit the sum of $30,000 to the [state board of fish and game commissioners] Nevada department of fish and game for deposit and use as provided in subsection 2 of NRS 501.255. All moneys so received by the [state board of fish and game commissioners] department shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS.
(b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources the sum of $70,000. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
3. Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 2 may be made quarterly or oftener if convenient to the state treasurer.
Sec. 52. NRS 616.077 is hereby amended to read as follows:
616.077 Members of [the state board of fish and game commissioners and] the county game management boards, who serve without compensation pursuant to the provisions of NRS [501.135 and] 501.285, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter upon [the state board of fish and game commissioners and] the county game management boards [,] complying therewith.
Sec. 53. Notwithstanding the provisions of NRS 501.180, the commission may, in its discretion, appoint the state director of fish and game, incumbent on the effective date of this act, as director of the Nevada department of fish and game.
Sec. 54. The terms of all incumbent members of the commission and of the several county boards shall end on the effective date of this act.
Sec. 55. Recognizing that it is the intent of this legislature to vest policymaking authority in the commission and administrative and enforcement authority in the department, the legislative counsel shall, in preparing the 1969 supplement to Nevada Revised Statutes, make the appropriate changes of name or word where the name state board of fish and game commissioners or the word commission or the name Nevada department of fish and game or the word department needs correction to conform to such legislative intent.
Sec. 56. NRS 501.145, 501.170, 501.175, 501.185, 501.190, 501.195, 501.205, 501.225, 501.235, 501.295, 501.300, 501.305 and 501.315 are hereby repealed. Notwithstanding the provisions of section 109 of Senate Bill No. 533 of the 55th session of the Nevada legislature, NRS 501.155 is not repealed and is amended pursuant to the provisions of section 7 of this act.
κ1969 Statutes of Nevada, Page 1562 (CHAPTER 679, SB 530)κ
501.155 is not repealed and is amended pursuant to the provisions of section 7 of this act.
Sec. 57. The act shall become effective at 12:02 a.m. on July 1, 1969.
________
Senate Bill No. 538Committee on Finance
CHAPTER 680
AN ACT relating to salaries and compensation of certain officers and employees in the unclassified service of the State of Nevada; increasing annual salaries and fixing maximum annual salaries; making an appropriation; repealing parts of certain acts; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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] not to exceed 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
Deputy, department of motor vehicles....................................... 11,400
Deputies, four in number, the total annual salaries of whom shall not exceed................................................................................. 46,400
Legal analyst................................................................................... 11,500
Investigator..................................................................................... 11,000
Colorado River commission of Nevada:
Secretary.......................................................................................... 14,400
Department of administration:
Director............................................................................................ 18,000
Budget division:
Deputy budget administrator.......................................... 13,860
Chief assistant budget administrator............................. 11,500
κ1969 Statutes of Nevada, Page 1563 (CHAPTER 680, SB 538)κ
Buildings and grounds division:
Superintendent of buildings and grounds.................... $11,500
Deputy superintendent of buildings and grounds...... 8,700
Chief assistant................................................................... 8,490
Marlette Lake water system supervisor......................... 6,900
Central data processing division:
Chief.................................................................................... 14,700
Purchasing division:
Chief.................................................................................... 13,860
Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance...................... 11,000
Department of commerce:
Director............................................................................................ 17,600
Banking division:
Superintendent of banks.................................................. 15,000
Assistant superintendent of banks................................ 11,500
Insurance division:
Commissioner of insurance............................................. 15,000
Chief deputy commissioner of insurance...................... 11,500
Chief assistant................................................................... 9,540
Real estate division:
Real estate administrator.................................................. 12,600
Chief investigator.............................................................. 9,660
Chief assistant................................................................... 7,800
Special investigator.......................................................... 7,800
Savings and loan division:
Commissioner of savings 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:
κ1969 Statutes of Nevada, Page 1564 (CHAPTER 680, SB 538)κ
Department of motor vehicles:
Director............................................................................................ $14,200
Deputy director.............................................................................. 11,500
Employment security department:
Executive director........................................................................... 16,000
Governors office:
Administrative assistant............................................................... 18,400
Special assistant............................................................................. 14,000
Press officer.................................................................................... 12,000
Secretary.......................................................................................... 8,400
Administrative secretary............................................................... 7,082
Receptionist.................................................................................... 6,300
Principal clerk-stenographers, three in number, the total annual salaries of whom shall not exceed..................................................... 17,487
Senior clerk stenographer............................................................. 4,813
Indian affairs commission:
Executive director........................................................................... 7,500
Labor commissioners office:
Labor commissioner....................................................................... 11,500
Deputy labor commissioner.......................................................... 8,400
Lost City museum:
Curator............................................................................................. 7,236
Attendant........................................................................................ 3,000
Relief attendant.............................................................................. 360
Nevada athletic commission:
Executive secretary........................................................................ 8,400
Nevada commission on equal rights of citizens:
Secretary.......................................................................................... 10,500
Assistant secretary........................................................................ 7,500
Nevada commissioner for veteran affairs:
Commissioner................................................................................. 10,500
Deputy commissioner.................................................................... 9,500
Nevada gaming commission:
Executive secretary........................................................................ 15,000
Research and planning: Certified or registered public accountants, each............................................................................................. 14,000
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:
κ1969 Statutes of Nevada, Page 1565 (CHAPTER 680, SB 538)κ
Nevada industrial commission:
Chairman.......................................................................................... $16,000
Commissioner representative of labor........................................ 13,860
Commissioner representative of employers............................... 13,860
Nevada state prison:
Warden............................................................................................ 15,000
Deputy warden............................................................................... 12,600
Nevada state museum:
Director............................................................................................ 10,000
Curator of biology.......................................................................... 8,400
Exhibit technician........................................................................... 5,700
Nevada tax commission:
Secretary.......................................................................................... 16,000
Office of economic opportunity:
Director............................................................................................ 15,000
Deputy director.............................................................................. 9,500
Public employees retirement board:
Executive secretary........................................................................ 16,000
Assistant executive secretary...................................................... 10,940
Public service commission of Nevada:
Chairman.......................................................................................... 16,000
Commissioners (other than chairman) each............................... 14,400
Branch manager.............................................................................. 10,440
Secretary of states office:
Deputy secretary of state............................................................. 11,000
Deputy secretary of state (securities)......................................... 11,000
Chief assistant................................................................................ 6,900
State board of fish and game commissioners:
State director of fish and game.................................................... 14,520
State board of parole commissioners:
Chief parole and probation officer............................................... 13,500
State controllers office:
Deputy state controller................................................................. 11,000
Accountant..................................................................................... 9,000
State department of conservation and natural resources:
Director............................................................................................ 17,600
Assistant director.......................................................................... 14,700
Assistant director (federal land laws)......................................... 14,700
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:
κ1969 Statutes of Nevada, Page 1566 (CHAPTER 680, SB 538)κ
State department of education:
Superintendent of public instruction.......................................... $20,000
Deputy superintendent of public instruction............................ 16,000
Associate superintendent of public instruction for administration ............................................................................................. 15,000
State gaming control board:
Members, each............................................................................... 15,840
Audit division:
Chief.................................................................................... 14,400
Agents................................................................................ 11,464
Agents................................................................................ 10,909
Agents................................................................................ 8,533
Agents................................................................................ 7,900
Statistical analysts............................................................ 5,814
Enforcement division:
Chief.................................................................................... 13,945
Agents................................................................................ 10,909
Agents (electronics)......................................................... 10,645
Agents................................................................................ 10,381
Agents................................................................................ 9,880
Agents................................................................................ 9,404
Agents................................................................................ 8,956
Agents................................................................................ 8,533
Statistical analysts............................................................ 6,104
Investigative division:
Chief.................................................................................... 14,400
Agents................................................................................ 12,652
Agents................................................................................ 11,474
Agents................................................................................ 11,464
Agents................................................................................ 10,909
Agents................................................................................ 8,137
Temporary investigators, the total annual salaries of whom shall not exceed.............................................................. 17,500
Office services:
Manager, Carson City...................................................... 12,696
Manager, Las Vegas......................................................... 10,968
Public information officer................................................. 12,696
Files supervisor................................................................. 7,398
Administrative assistant.................................................. 7,213
Confidential secretary...................................................... 6,104
Administrative assistant.................................................. 6,104
Legal researcher (one-half time)...................................... 2,923
State planning board:
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] Adjutant generals office:
κ1969 Statutes of Nevada, Page 1567 (CHAPTER 680, SB 538)κ
Adjutant generals office:
Adjutant general............................................................................ $15,750
Administrative assistant............................................................... 8,744
Property and fiscal officer........................................................... 7,949
Attorney generals office:
Chief deputy attorney general.................................................... 17,664
Chief assistant................................................................................ 16,061
Chief counsel, department of highways.................................... 16,008
Deputy, Nevada gaming commission......................................... 16,800
Deputy, welfare division, department of health, welfare and rehabilitation.................................................................... 15,456
Deputy, department of commerce............................................... 14,131
Deputy, state department of conservation and natural resources ............................................................................................. 14,131
Deputy, department of motor vehicles....................................... 12,586
Deputy, Las Vegas......................................................................... 12,806
Deputy, public service commission of Nevada......................... 15,456
Deputy, office.................................................................................. 12,806
Deputy, office.................................................................................. 12,806
Legal analyst.................................................................................. 12,696
Investigator.................................................................................... 12,144
Deputy, office of director, department of health, welfare and rehabilitation.................................................................... 12,696
Deputy, office.................................................................................. 12,696
Deputy, Nevada tax commission................................................. 12,696
Department of highways:
Deputy................................................................................ 14,849
Deputy................................................................................ 14,849
Deputy................................................................................ 14,849
Deputy................................................................................ 14,849
Legal research assistant................................................. 9,237
Colorado River commission of Nevada:
Administrator................................................................................. 20,000
Secretary......................................................................................... 15,000
Commission on crimes, delinquency and corrections:
Director........................................................................................... 14,904
Training coordinator................................................................... 12,500
Data processing commission:
Manager.......................................................................................... 14,000
Department of administration:
Director........................................................................................... 19,872
Budget division:
Deputy budget administrator......................................... 15,301
Chief assistant budget administrator........................... 12,696
Buildings and grounds division:
Superintendent of buildings and grounds................... 12,696
Deputy superintendent of buildings and grounds..... 9,605
Chief assistant................................................................... 9,373
Marlette Lake water system supervisor........................ 7,618
Central data processing division:
Chief.................................................................................... 16,229
κ1969 Statutes of Nevada, Page 1568 (CHAPTER 680, SB 538)κ
Purchasing division:
Chief.................................................................................... $15,301
Deputy................................................................................ 11,636
Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance.................... 12,144
Department of commerce:
Director........................................................................................... 19,430
Banking division:
Superintendent of banks................................................. 16,560
Assistant superintendent of banks................................ 12,696
Insurance division:
Commissioner of insurance............................................ 16,560
Chief deputy commissioner of insurance..................... 12,696
Chief assistant, Las Vegas.............................................. 10,532
Real estate division:
Real estate administrator............................................... 13,910
Chief investigator............................................................. 10,665
Chief assistant................................................................... 8,611
Special investigator......................................................... 8,611
Savings and loan division:
Commissioner of savings associations......................... 16,560
Deputy commissioner of savings associations, Las Vegas ................................................................................. 12,696
Department of economic development:
Director........................................................................................... 13,248
Deputy director.............................................................................. 9,539
Deputy, tourism.............................................................................. 12,000
Deputy, industry............................................................................ 12,000
Department of health, welfare and rehabilitation:
Director........................................................................................... 19,430
Alcoholism division:
Administrator.................................................................... 11,548
Childrens home division:
Superintendent................................................................. 14,600
Mental hygiene and mental retardation division:
Superintendent and medical director of the Nevada state hospital.................................................................. 28,704
Medical director of the Southern Nevada comprehensive mental health center......................................................... 26,000
Nevada girls training center division:
Superintendent................................................................. 14,600
Nevada youth training center division:
Superintendent................................................................. 14,600
Rehabilitation division:
OASI medical consultant (one-half time).................... 12,144
Department of highways:
State highway engineer............................................................... 20,976
Deputy highway engineer............................................................ 19,762
Deputy highway engineer............................................................ 19,762
Business manager.......................................................................... 19,762 Department of motor vehicles:
κ1969 Statutes of Nevada, Page 1569 (CHAPTER 680, SB 538)κ
Department of motor vehicles:
Director........................................................................................... $17,664
Deputy director.............................................................................. 12,696
Highway safety coordinator........................................................ 13,248
Department of parole and probation:
Chief parole and probation officer............................................ 14,904
Administrator, narcotic and dangerous drug division.......... 13,248
Department of state printing:
Superintendent (if appointed prior to January 4, 1971)...... 15,000
Superintendent (after January 4, 1971)................................... 18,000
Chief assistant................................................................................ 6,982
Employment security department:
Executive director......................................................................... 17,664
Chief assistant................................................................................ 6,800
Governors mansion maintenance:
Extra help....................................................................................... 2,650
Cook................................................................................................ 5,520
Governors office:
Administrative assistant............................................................... 18,000
Administrative assistant............................................................... 18,000
Press secretary............................................................................... 14,000
Secretary to the governor............................................................ 9,274
Administrative secretaries, four in number, the total annual salaries of whom shall not exceed.................................................... 27,112
Receptionist and extradition clerk............................................ 6,955
Special assistant, Las Vegas....................................................... 14,000
Indian affairs commission:
Executive director......................................................................... 11,502
Inspector of mines office:
Chief assistant................................................................................ 6,774
Labor commissioners office:
Labor commissioner...................................................................... 14,000
Deputy labor commissioner, Las Vegas.................................... 9,274
Chief assistant................................................................................ 8,241
Lost City museum:
Curator............................................................................................ 7,989
Attendant........................................................................................ 3,312
Nevada athletic commission:
Executive secretary....................................................................... 9,274
Nevada commission on equal rights of citizens:
Secretary......................................................................................... 11,502
Assistant secretary........................................................................ 8,280
Nevada commissioner for veteran affairs:
Commissioner................................................................................. 11,592
Deputy commissioner, Las Vegas............................................... 10,488
Nevada department of fish and game:
Director........................................................................................... 16,030
Nevada education communications commission:
Administrator................................................................................. 15,456 Nevada gaming commission:
κ1969 Statutes of Nevada, Page 1570 (CHAPTER 680, SB 538)κ
Nevada gaming commission:
Executive secretary....................................................................... $17,000
Research and planning: Certified or registered public accountants, each..................................................................................... 15,456
Assistant executive secretary...................................................... 12,044
Tax administrators........................................................................ 11,461
Confidential secretaries............................................................... 8,983
Tax and license examiners........................................................... 8,372
Senior key punch operator.......................................................... 6,487
Research assistant......................................................................... 7,789
Program specialists...................................................................... 7,439
Administrative assistants............................................................. 7,439
Financial analyst.......................................................................... 15,456
Nevada historical society:
Executive secretary....................................................................... 9,605
Assistant executive secretary...................................................... 7,286
Research librarian (part time)................................................... 3,312
Nevada industrial commission:
Chairman........................................................................................ 17,664
Commissioner representative of labor...................................... 16,000
Commissioner representative of employers.............................. 16,000
Nevada state museum:
Director........................................................................................... 11,040
Nevada state prison:
Warden............................................................................................ 16,560
Deputy warden............................................................................... 13,910
Nevada tax commission:
Secretary......................................................................................... 17,664
Assistant secretary........................................................................ 15,300
Office of economic opportunity:
Director........................................................................................... 11,502
Deputy director.............................................................................. 10,488
Public employees retirement board:
Executive secretary....................................................................... 17,664
Assistant executive secretary...................................................... 12,078
Chief assistant................................................................................ 10,068
Public service commission of Nevada:
Chairman........................................................................................ 17,664
Commissioners (other than chairman) each............................ 16,800
Branch manager............................................................................ 11,526
Secretary of states office:
Deputy secretary of state.............................................................. 12,144
Deputy secretary of state (securities)........................................ 12,144
Chief assistant................................................................................ 7,618
State controllers office:
Deputy state controller................................................................ 13,910
Accountant..................................................................................... 9,936
State department of conservation and natural resources:
Director........................................................................................... 19,430
Assistant director.......................................................................... 16,229
κ1969 Statutes of Nevada, Page 1571 (CHAPTER 680, SB 538)κ
Division of water resources:
State engineer................................................................... $16,510
District supervisor, water commissioners (one-half time) ................................................................................. 7,286
Division of forestry:
State forester firewarden................................................. 13,800
Division of state parks:
Administrator of the Nevada state park system.......... 13,800
Deputy administrator...................................................... 13,067
State department of education:
Superintendent of public instruction........................................ 22,080
Deputy superintendent of public instruction........................... 17,664
Associate superintendent of public instruction for administration ............................................................................................. 16,560
Western states small school coordinator.................................. 16,000
State gaming control board:
Chairman........................................................................................ 18,500
Members (other than chairman) each....................................... 18,000
Audit division:
Chief.................................................................................... 15,898
Deputy................................................................................ 12,656
Auditors.............................................................................. 12,044
Enforcement division:
Chief.................................................................................... 15,395
Deputy................................................................................ 12,044
Agents................................................................................. 11,461
Investigative division:
Chief.................................................................................... 15,898
Deputy................................................................................ 13,968
Investigators...................................................................... 12,667
Office services:
Manager, Carson City..................................................... 14,016
Securities officer............................................................... 20,000
Files supervisor................................................................ 8,167
Administrative secretaries.............................................. 8,255
Principal clerk, typist or stenographer....................... 6,800
Senior clerk, typist or stenographer............................. 5,093
Statistical analyst............................................................ 7,087
Student (part time)........................................................... 3,096
State planning board:
Manager and technical supervisor............................................ 17,664
Deputy manager............................................................................ 15,301
Chief assistant................................................................................ 9,098
State treasurers office:
Deputy state treasurer.................................................................. 12,144
Chief assistant................................................................................ 7,949
Taxicab authority:
Taxicab administrator.................................................................. 16,000
Sec. 2. 1. Except as otherwise provided in section 3, 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 $107,276 and $107,276, 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 unclassified personnel of such departments, commissions and agencies occasioned by the amendment of NRS 281.115 by the 55th session of the legislature.
κ1969 Statutes of Nevada, Page 1572 (CHAPTER 680, SB 538)κ
fiscal periods from July 1, 1969, to June 30, 1970, and from July 1, 1970, to June 30, 1971, the sums of $107,276 and $107,276, 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 unclassified personnel of such departments, commissions and agencies occasioned by the amendment of NRS 281.115 by the 55th session of the legislature.
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 unclassified salary needs of such respective departments, commissions and agencies.
Sec. 3. 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 $8,610 and $8,610, 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, the public service commission of Nevada and the office of the attorney general as fixed by the 55th session of the legislature, and the salary requirements of unclassified personnel of the above-named agencies occasioned by the amendment of NRS 281.115 by the 55th session of the legislature.
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 agencies specified in subsection 1 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 unclassified salary needs of such agencies.
Sec. 4. The balance of any moneys appropriated by sections 2 and 3 of this act for a specific fiscal year remaining unexpended at the end of such fiscal year shall, on September 30 following, revert to the fund from which such moneys were appropriated.
Sec. 5. 1. Except as otherwise stated in this subsection this act shall become effective at 12:02 a.m. on July 1, 1969. The provisions of section 1 of this act fixing the maximum annual salary of the taxicab administrator shall become effective upon passage and approval of this act.
2. Upon the effective date of this act, if the following bills of the 55th session of the Nevada legislature have been passed and approved, the following sections of such bills are hereby repealed:
(a) Assembly Bill No. 411, section 1;
(b) Assembly Bill No. 510, section 104;
(c) Assembly Bill No. 748, section 2;
(d) Assembly Bill No. 759, section 2;
(e) Assembly Bill No. 760, section 2;
κ1969 Statutes of Nevada, Page 1573 (CHAPTER 680, SB 538)κ
(f) Assembly Bill No. 761, section 2;
(g) Senate Bill No. 60, section 1;
(h) Senate Bill No. 159, section 20;
(i) Senate Bill No. 192, section 3; and
(j) Senate Bill No. 374, section 74.
________
Senate Bill No. 152Committee on Federal, State and Local Governments
CHAPTER 681
AN ACT relating to public securities and obligations; to amend the State Securities Law, the University Securities Law, the Local Government Securities Law and other laws pertaining to public securities and obligations; to amend and repeal sections of NRS and of the city charters of Elko, Henderson, North Las Vegas, Reno, Sparks and Wells to conform to such laws and to refer correctly thereto; relating to debt limitations; relating to bond elections and other elections pertaining to loans to the state and its political subdivisions; otherwise concerning the borrowing of money, the issuance of such securities, the other incurrence of obligations, the facilities and other properties pertaining thereto, and the levy, collection and use of general (ad valorem) property taxes, special assessments, rates, tolls, charges and other revenues and pledges and liens relating thereto; otherwise concerning powers, duties, rights, privileges, liabilities, limitations and other details in connection therewith; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.560 is hereby amended to read as follows:
244.560 In addition to powers elsewhere conferred upon the board of county commissioners, the board of county commissioners of any county [having a population, according to the 1950 United States census or any subsequent United States decennial census, of between 8,000 and 15,000] is authorized and empowered:
1. To establish, construct, purchase, otherwise acquire, improve and extend swimming pools, facilities and buildings therefor;
2. To equip and furnish the same;
3. To acquire a suitable site or ground for any of the facilities; and
4. To issue bonds therefor [,] (or any combination thereof), at one time, or from time to time.
Sec. 2. NRS 244.565 is hereby amended to read as follows:
244.565 [1.] Whenever the board of county commissioners shall, by resolution [,] or ordinance, as the board may decide, determine that the interest of the county and the public interest, necessity or desirability demand the creation of a bonded indebtedness [, or other obligations,] by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, or the making of any contract creating an indebtedness with the United States of America, or any agency or instrumentality, corporation or otherwise, thereof, or any other person or corporation, public or private, [in excess of $5,000,] for any purpose authorized by NRS 244.560 to [244.635,] 244.625, inclusive, the board shall order the submission of a question authorizing the issuance of such [bonds, other obligations, or the creation of such] general obligation bonds or such revenue bonds or making such a contract creating an indebtedness to the qualified electors of the county at an election held for that purpose.
κ1969 Statutes of Nevada, Page 1574 (CHAPTER 681, SB 152)κ
purpose authorized by NRS 244.560 to [244.635,] 244.625, inclusive, the board shall order the submission of a question authorizing the issuance of such [bonds, other obligations, or the creation of such] general obligation bonds or such revenue bonds or making such a contract creating an indebtedness to the qualified electors of the county at an election held for that purpose. [Any such election may be held separately, or may be consolidated or held concurrently with any other election held in accordance with the laws of the State of Nevada.
2. The declaration of public interest, necessity or desirability herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest, necessity or desirability, shall recite:
(a) The objects and purposes for which the indebtedness is proposed to be incurred;
(b) The estimated costs of the facilities or improvements, as the case may be;
(c) The amount of the principal of the indebtedness to be incurred therefor; and
(d) The maximum rate of interest to be paid on such indebtedness.
3. The resolution shall also fix:
(a) The date upon which the election shall be held and the manner of holding the same;
(b) The method of voting for or against issuance of bonds, other obligations, or the incurring of the proposed indebtedness; but, except as herein otherwise provided, there shall be a compliance with the provisions of chapter 350 of NRS concerning county bond elections and all laws amendatory thereof and supplemental thereto; and
(c) The compensation to be paid the officers of the election, and shall designate the polling places and shall appoint for each polling place, from the electors of each precinct in the county, the officers of such election, consisting of three judges, one of whom shall act as clerk.
4. The board of county commissioners shall, in case of a special election called for the purpose, provide a reasonable time for the registration of electors, the procedures therefor, and notice thereof.]
Sec. 3. NRS 244.570 is hereby amended to read as follows:
244.570 [The board of county commissioners shall prescribe the form of the notice of election, and direct the publication of the same, the first publication to be not less than 30 days prior to the election. The publication shall be once a week for 3 consecutive weeks in at least one newspaper of general circulation in the county.] For any such purpose, the board, at any time or from time to time, in the name and on the behalf of the county may:
1. Issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue, as may be legally made available for their payment;
κ1969 Statutes of Nevada, Page 1575 (CHAPTER 681, SB 152)κ
or from any license or other excise taxes levied for revenue, as may be legally made available for their payment;
2. Issue, in the manner provided in NRS 350.010 to 350.070, inclusive, as from time to time amended, revenue bonds payable solely from the gross or net revenues to be derived from the operation of such recreational facilities, as the board may decide; and
3. Make such a contract creating an indebtedness if a question authorizing such contract is submitted to and approved by majorities of the qualified electors of the county in the manner provided for a bond question in NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 4. NRS 244.575 is hereby amended to read as follows:
244.575 [1. The election boards shall:
(a) Conduct the elections in the manner prescribed herein and as provided in the resolution of the board of county commissioners.
(b) Make their returns to the clerk of the board of county commissioners.
2. At any regular or special meeting of the board of county commissioners held within 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.] Subject to the provisions of NRS 244.565 and 244.570, for any recreational facilities authorized in NRS 244.560 to 244.625, inclusive, the board of any county, as the board may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or such recreational facilities, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 5. NRS 244.615 is hereby amended to read as follows:
244.615 In order to insure the payment of the revenue bonds of the county or of the general obligation bonds of the county, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of such recreational facilities, of any such other income-producing project and of any such excise taxes, as provided in NRS 244.570 or other such special obligation securities so secured or other such additionally secured general obligation securities of the county, the board [shall] may establish and maintain, and from time to time revise, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through the recreational facilities [,] and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board of county commissioners authorizing the issuance of any of the bonds [,] or other securities, including any covenant for the establishment of reasonable reserve funds.
Sec. 6. NRS 244.625 is hereby amended to read as follows:
244.625 [Except for revenue bonds, the maximum bonding limit of any county for such county recreational purposes under the provisions of NRS 244.560 to 244.635, inclusive, shall be 3 percent of the total last-assessed valuation of the taxable property of the county, and no county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of such valuation.]
κ1969 Statutes of Nevada, Page 1576 (CHAPTER 681, SB 152)κ
in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of such valuation.] No county shall ever become indebted for such county recreational purposes under the provisions of NRS 244.560 to 244.625, inclusive, by the issuance of such general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds, or other special obligation securities, and excluding any such outstanding general obligation notes and warrants, exceeding 3 percent of the total last-assessed valuation of the taxable property in the county; and no county shall ever become indebted in an amount exceeding 10 percent of such valuation by the issuance of any such general obligation securities (other than any such notes or warrants), but excluding any such outstanding special obligation securities and excluding any such outstanding general obligation notes and warrants.
Sec. 7. NRS 244.640 is hereby amended to read as follows:
244.640 1. In addition to powers elsewhere conferred upon counties, any county is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, other recreational facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire a suitable site or grounds for any recreational facilities;
(d) To issue bonds therefor [,] (or any combination thereof), at one time, or from time to time; and
(e) To advertise, publicize and promote the recreational facilities of the county.
2. Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.
Sec. 8. NRS 244.700 is hereby amended to read as follows:
244.700 [1.] Whenever the county fair and recreation board shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability demand the creation of a bonded indebtedness by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, or the making of any contract creating an indebtedness with the United States Government, or any agency or instrumentality thereof, corporate or otherwise, or any other person or corporation, public or private, [in excess of $5,000,] for any purpose authorized by NRS 244.640 to 244.780, inclusive, the board shall order the submission of the proposition of issuing [the bonds, or creating the] such general obligation bonds or such revenue bonds or making such a contract creating an indebtedness, to the qualified electors of the county at an election held for that purpose. [The election may be held separately, or may be consolidated or held concurrently with, any other election held in accordance with the laws of the State of Nevada.
κ1969 Statutes of Nevada, Page 1577 (CHAPTER 681, SB 152)κ
held separately, or may be consolidated or held concurrently with, any other election held in accordance with the laws of the State of Nevada.
2. The declaration of public interest, necessity or desirability herein required and the provisions for the holding of the election may be included within one and the same resolution adopted by the county fair and recreation board, which resolution, in addition to a declaration of public interest, necessity or desirability, shall recite:
(a) The objects and purposes for which the indebtedness is proposed to be incurred;
(b) The estimated costs of the facilities or improvements;
(c) The amount of the principal of the indebtedness to be incurred therefor; and
(d) The maximum rate of interest to be paid on the indebtedness.
3. The resolution shall also fix:
(a) The date upon which the election shall be held and the manner of holding the same;
(b) The method of voting for or against the issuance of bonds or the incurring of the proposed indebtedness; and
(c) The compensation to be paid the officers of the election and shall designate the polling places and shall appoint for each polling place, from the electors of each precinct in the county, the officers of the election, consisting of three judges, one of whom shall act as clerk.
4. Except as herein otherwise provided, there shall be a compliance with the provisions of chapter 350 of NRS concerning county bond elections and all laws amendatory thereof and supplemental thereto.
5. The county fair and recreation board shall, in case of a special election called for the purpose, provide a reasonable time for the registration of electors, the procedure therefor and notice thereof.]
Sec. 9. NRS 244.705 is hereby amended to read as follows:
244.705 [The board shall prescribe the form of the notice of election and direct its publication. The first publication shall be not less than 20 days prior to the election. The publication shall be once a week for 3 consecutive weeks in at least one newspaper of general circulation in the county.]
1. For any such purpose, the county fair and recreation board, at any time or from time to time, in the name and on the behalf of the county may:
(a) Issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(1) General obligation bonds, payable from taxes; and
(2) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;
(b) Issue, in the manner provided in NRS 350.010 to 350.070, inclusive, as from time to time amended, revenue bonds payable solely from the net revenues to be derived from the operation of such recreational facilities, as the board may decide; and
κ1969 Statutes of Nevada, Page 1578 (CHAPTER 681, SB 152)κ
the net revenues to be derived from the operation of such recreational facilities, as the board may decide; and
(c) Make such a contract creating an indebtedness if a question authorizing such contract is submitted to and approved by majorities of the qualified electors of the county in the manner provided for a bond question in NRS 350.010 to 350.070, inclusive, as from time to time amended.
2. The election board shall make their returns to the secretary of the county fair and recreation board either directly or indirectly through the county clerk, as the county fair and recreation board may provide.
Sec. 10. NRS 244.710 is hereby amended to read as follows:
244.710 [1. The election boards shall:
(a) Conduct the elections in the manner prescribed by law for the holding of general elections, except as herein otherwise provided.
(b) Make their returns to the secretary of the county fair and recreation board.
2. At any regular or special meeting of the board held within 5 days following the date of the election, the returns thereof shall be canvassed and the results declared.] Subject to the provisions of NRS 244.700 and 244.705, for any recreational facilities authorized in NRS 244.640 to 244.780, inclusive, the board of any county, as the board may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or such recreational facilities, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 11. NRS 244.720 is hereby amended to read as follows:
244.720 [1. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form.
(c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.
(d) Bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.
(e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.
(f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.
2. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
3. The bonds and coupons shall be signed by the chairman of the county fair and recreation board and countersigned by the county treasurer, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.
κ1969 Statutes of Nevada, Page 1579 (CHAPTER 681, SB 152)κ
4. The county fair and recreation board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premiums as may be determined by the board in the resolution authorizing the issuance of the bonds.] The bonds and any coupons shall be executed in the manner provided in the Local Government Securities Law, as from time to time amended; but the bonds shall also bear the manual or facsimile signature of the chairman of the county fair and recreation board.
Sec. 12. NRS 244.750 is hereby amended to read as follows:
244.750 In order to insure the payment of the revenue bonds of the county or of the general obligation bonds of the county, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of the recreational facilities, of any such other income-producing project and of any such excise taxes, as provided in NRS 244.705, or other such special obligation securities so secured or other such additionally secured general obligation securities of the county, the board [shall] may establish and maintain, and from time to time revise, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through the recreational facilities, and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the county fair and recreation board or board of county commissioners authorizing the issuances of any of the bonds [,] or other securities, including any covenant for the establishment of reasonable reserve funds.
Sec. 13. NRS 244.775 is hereby amended to read as follows:
244.775 [Bonds and other evidence of indebtedness issued under the provisions of NRS 244.640 to 244.780, inclusive, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.] No 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 ever become indebted for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, by the issuance of such general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any such outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county; and no such county shall ever become indebted in an amount exceeding 10 percent of such valuation by the issuance of any such general obligation securities (other than any such notes or warrants), but excluding any such outstanding special obligation securities and excluding any such outstanding general obligation notes and warrants.
Sec. 14. NRS 244.780 is hereby amended to read as follows:
244.780 [It shall be legal for the State of Nevada and any of its departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of NRS 244.640 to 244.780, inclusive.]
κ1969 Statutes of Nevada, Page 1580 (CHAPTER 681, SB 152)κ
moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of NRS 244.640 to 244.780, inclusive.] No county having a population of 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, shall ever become indebted for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, by the issuance of such general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds, or other special obligation securities, and excluding any such outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county; and no such county shall ever become indebted in an amount exceeding 10 percent of such valuation by the issuance of any such general obligation securities (other than any such notes or warrants), but excluding any such outstanding special obligation securities and excluding any such outstanding general obligation notes and warrants.
Sec. 15. NRS 244.805 is hereby amended to read as follows:
244.805 1. Subject to the provisions of chapter 350 of NRS, as from time to time amended, any board, upon behalf of the county and in its name, is authorized and empowered to issue the countys general obligation bonds to acquire, [to acquire and equip, to improve, or to] improve and equip [,] (or any combination thereof), any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.
2. No county shall ever become indebted by the issuance of bonds [,] or other securities constituting an indebtedness, whether such bonds are issued hereunder or under a special or local law, to an amount in the aggregate, including existing indebtedness of the county, but excluding any outstanding revenue bonds, any outstanding special assessment bonds, or any other outstanding special obligation securities, any short-term securities issued in anticipation of and payable from general (ad valorem) taxes levied for the current fiscal year, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last assessed valuation of the taxable property of the county.
Sec. 16. NRS 266.600 is hereby amended to read as follows:
266.600 The city council shall have the power:
1. To control the finances of the corporation.
2. To appropriate money for corporate purposes only, and to provide for payment of debts and expenses of the corporation.
3. To levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.
4. To borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and to issue [warrants and] general obligation bonds therefor, in such amounts and forms and on such conditions as the council shall determine; [and the council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city;] provided:
κ1969 Statutes of Nevada, Page 1581 (CHAPTER 681, SB 152)κ
(a) That no city shall issue or have outstanding at any time bonds to an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation; and
(b) That nothing herein contained shall be construed to restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water. [The council shall provide for the payment of the interest on such bonds as the same shall become due, and for a debt service fund for the payment of the principal thereof within 30 years after issuing the same.]
5. To issue [bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same.] general obligation bonds (other than refunding bonds) in the manner provided in NRS 350.001 to 350.006, inclusive, 350.010 to 350.070, inclusive, and the Local Government Securities Law, as from time to time amended, to issue general obligation refunding bonds and other general obligation securities for other corporate purposes, to borrow money, otherwise to become obligated, to secure additionally the payment of any general obligation securities by a pledge of any revenues (other than tax proceeds) legally available therefor, and otherwise to proceed as provided in the Local Government Securities Law, as from time to time amended.
6. To divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.
7. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
8. To fix the amount of licenses and the terms and manner of their issuance.
Sec. 17. NRS 266.660 is hereby amended to read as follows:
266.660 [1.] The cost and expense of a city hall and other buildings for the use of the city and its officers, engine houses and structures of the fire department, city jail, levees and embankments, and other capital improvements authorized by law, including the necessary land for such purposes, shall be paid for from the proper fund of the city, including without limitation proceeds of bonds authorized by law. [; except that, in case of lands appropriated for streets and rights-of-way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed.
2. Whenever, in the opinion of the city council, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands abutting upon and adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.]
Sec. 18. NRS 269.400 is hereby amended to read as follows:
269.400 As used in NRS 269.405 to 269.470, inclusive, town means an unincorporated town [or city] in the State of Nevada having a population of less than 7,500, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1969 Statutes of Nevada, Page 1582 (CHAPTER 681, SB 152)κ
a population of less than 7,500, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 19. NRS 269.410 is hereby amended to read as follows:
269.410 [1. The town board or board of county commissioners shall have the power to issue general obligation bonds for such public improvements and facilities (such bonds being in NRS 269.415 to 269.470, inclusive, merely designated the bonds) at one time or from time to time.
2. The authority to issue general obligation bonds conferred by the provisions of NRS 269.400 to 269.470, inclusive, shall be deemed to be independent and complete, and general obligation bonds may be issued under NRS 269.400 to 269.470, inclusive, without regard to other provisions or sections of this chapter or Nevada Revised Statutes concerning the issuance of bonds.
3. The total general bonded indebtedness of a town shall at no time exceed an amount equal to 25 percent of the total of the last assessed valuation of taxable property situated within the town.] For any such purpose, the town board or the board of county commissioners, at any time or from time to time, in the name and on the behalf of the town, may issue, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
1. General obligation bonds, payable from taxes; and
2. General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such capital improvements, and, if so determined by the town board or the board of county commissioners, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the town or from any license or other excise taxes levied by the town for revenue, as may be legally made available for their payment.
Sec. 20. NRS 269.415 is hereby amended to read as follows:
269.415 [1. Before issuing general obligation bonds the town board or board of county commissioners shall call by resolution for the submission of a question authorizing the issuance of the bonds at a general or special election. If an election is called the town board or board of county commissioners shall cause to be published a notice at least once a week, for at least 3 consecutive weeks, by three publications, in some newspaper of general circulation within the town.
2. The notice shall state:
(a) The date of the election.
(b) The amount and purpose of the proposed bond issue.
(c) The maximum interest rate the bonds shall bear.
3. Notwithstanding any other provision of this chapter, all general obligation bond elections under NRS 269.400 to 269.470, inclusive, shall be conducted and canvassed pursuant to NRS 350.020 to 350.070, inclusive.] Subject to the provisions of NRS 269.410, for any improvements authorized by NRS 269.405, the town board or the board of county commissioners, as the board may determine from time to time, may, on the behalf and in the name of the town, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other town securities, and in connection with such undertaking or such improvements, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
κ1969 Statutes of Nevada, Page 1583 (CHAPTER 681, SB 152)κ
improvements, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 21. NRS 269.420 is hereby amended to read as follows:
269.420 [The bonds shall be publicly sold.] In order to insure the payment of the general obligation bonds of the town, the payment of which is additionally secured by a pledge of revenues of such improvements, of any such other income-producing project and of any such excise taxes, as provided in NRS 269.410, or other such additionally secured general obligation securities of the town, the board may establish and maintain, and from time to time revise, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through such improvements and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings authorizing the issuance of any of the bonds or other securities, including any covenant for the establishment of reasonable reserve funds.
Sec. 22. NRS 269.425 is hereby amended to read as follows:
269.425 [The town board or board of county commissioners shall provide for the payment of the bonds and the interest thereon at the time of the regular tax levy for state, county and city purposes, by levying an additional tax upon the property, real and personal, within the limits of the town, sufficient to pay the principal of and the interest on the bonds as the same become due. The taxes shall be assessed and collected the same as other taxes paid to the county treasurer and placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on the bonds and any prior redemption premium due in connection therewith.] No town shall ever become indebted for any town improvements under the provisions of NRS 269.405 to 269.470, inclusive, or otherwise, by the issuance of such general obligation bonds and other general obligation securities (other than any notes or warrants maturing within 1 year from the respective dates of their issuance), but excluding any outstanding revenue bonds, special assessment bonds, or other special obligation securities, excluding any such outstanding general obligation notes and warrants, and excluding any outstanding indebtedness not evidenced by bonds or other securities, exceeding 25 percent of the total last assessed valuation of the taxable property of the town.
Sec. 23. NRS 269.470 is hereby amended to read as follows:
269.470 [1. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the town, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
2. Any officer authorized or permitted to sign any bond, pursuant to NRS 269.400 to 269.470, inclusive, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.] The authority to issue general obligation bonds and other general obligation securities conferred by the provisions of NRS 269.400 to 269.470, inclusive, shall be deemed to be independent and complete, and such securities may be issued thereunder without regard to other provisions or sections of this chapter or Nevada Revised Statutes concerning the issuance of bonds or other securities except as otherwise provided in NRS 269.400 to 269.470, inclusive.
κ1969 Statutes of Nevada, Page 1584 (CHAPTER 681, SB 152)κ
by the provisions of NRS 269.400 to 269.470, inclusive, shall be deemed to be independent and complete, and such securities may be issued thereunder without regard to other provisions or sections of this chapter or Nevada Revised Statutes concerning the issuance of bonds or other securities except as otherwise provided in NRS 269.400 to 269.470, inclusive.
Sec. 24. NRS 349.010 is hereby amended to read as follows:
349.010 1. Whenever the State of Nevada proposes to issue bonds or provide for loans in any amount [within] which does not contravene the limit of indebtedness [authorized] provided by the constitution of the State of Nevada, the proposal for the bond issue or loan may be submitted to the electors of the state at a general or a special election called for that purpose.
2. The term general election in the provisions of NRS 349.010 to 349.070, inclusive, includes a primary election and any other regular statewide election.
Sec. 25. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 28, inclusive, of this act.
Sec. 26. 1. Whenever the state has ordered a bond election, the clerk of each county in the state shall cause notice of the election to be published in some newspaper printed in and having a general circulation in the county once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.
2. If no newspaper is printed in the county, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation in the county.
3. The secretary of state shall certify to each county clerk the proposal for the bond issue or loan at least 40 days prior to the election.
Sec. 27. 1. Except as provided in subsection 3, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) The maximum amount of the bonds.
(e) The maximum rate of interest.
(f) The maximum number of years which the bonds are to run.
2. Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a general election.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.
Sec. 28. 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the clerk of each county shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, 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.
κ1969 Statutes of Nevada, Page 1585 (CHAPTER 681, SB 152)κ
election, in a newspaper published within the county, if any is so published, and having a general circulation therein, 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.
3. Except as provided in subsection 4, 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. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. 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 Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 29. NRS 349.030 is hereby amended to read as follows:
349.030 1. The election officers of the state who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If a bond election is held in conjunction with a general election, the same single ballot box shall be used at each polling place.
2. Notwithstanding any other provision of NRS 349.010 to 349.070, inclusive, at any bond election thereunder, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in the election laws of this state.
Sec. 30. NRS 349.050 is hereby amended to read as follows:
349.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days next preceding such election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of any county of the state, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of one or more counties of the state, he shall, after making the required [affidavit,] statement under penalty of perjury, be furnished, by the officers conducting the election, a ballot printed on colored paper.
4. Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, [an affidavit,] a statement under penalty of perjury, showing that he is the owner of or the spouse of the owner of real property assessed on the assessment rolls in the state.
5. The provisions of the election laws of this state relating to absent voting shall apply to all bond elections under NRS 349.010 to 349.070, inclusive, except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the state.
κ1969 Statutes of Nevada, Page 1586 (CHAPTER 681, SB 152)κ
(b) Upon receipt of an application, if the county clerk of the county in which the voter resides determines that the applicant is entitled to vote at the election, the clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the state, the clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the state.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope, which shall bear upon the front thereof the name, official title and post office address of the clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed affidavit showing that he is the owner of or the spouse of the owner of real property in the state, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk of each county shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the state, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.
Sec. 31. NRS 349.060 is hereby amended to read as follows:
349.060 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots.
2. The results disclosed by the canvass shall be certified by the election officers [to the authorities who made the proposal to issue the bonds.] of each county to the county clerk.
3. The board of county commissioners of each county shall open the returns of votes cast, make abstracts of the votes, and cause the county clerk to make a copy of such abstract and to transmit the same to the secretary of state as provided by the election laws of the state.
Sec. 32. NRS 349.202 is hereby amended to read as follows:
349.202 Taxation means the levy and collection of taxes as defined in NRS 349.204 [.]
κ1969 Statutes of Nevada, Page 1587 (CHAPTER 681, SB 152)κ
in NRS 349.204 [.] , but in NRS 349.354 taxation pertains to any type of tax, including without limitation any business, occupation or privilege tax, any other excise tax, and any property tax.
Sec. 33. NRS 349.236 is hereby amended to read as follows:
349.236 Payment of the principal of and the interest on general obligation bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive [.] , except as herein otherwise provided.
Sec. 34. NRS 349.270 is hereby amended to read as follows:
349.270 1. Subject to the right of the commission to reject any and all bids [and to readvertise the securities for sale] , the securities shall be sold to the responsible bidder making the best bid. [If the securities are of a type which may be originally sold at private sale, they may be reoffered at private sale even though the commission previously offered the securities at public sale and rejected all bids therefor.]
2. If there are two or more equal bids for the securities and such equal bids are the best bids received and not less than the principal amount of the securities and accrued interest, except for any permitted discount, the commission shall determine which bid shall be accepted.
Sec. 35. NRS 349.320 is hereby amended to read as follows:
349.320 [Nothing] 1. Subject to the provisions of subsections 2, 3, 4 and 5, nothing contained herein shall be construed as authorizing the state to issue any state securities constituting a debt for the purpose of funding or refunding state securities constituting special obligations which do not constitute an indebtedness.
2. Any special obligation securities of the state pertaining to any project may be funded or refunded by general obligation securities pertaining to the project only if the state is authorized by law to issue such funding or refunding securities at the time of their issuance, even though the state was not so authorized to issue them at the time of the issuance of any such funded or refunded securities.
3. If the issuance of general obligation bonds to defray the cost of the project is conditioned upon their approval by the qualified electors of the state at an election, any general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise, may be issued only if the bonds have been so approved at an election in the manner provided by law.
4. If a debt limitation pertains to any general obligation bonds or other securities of the state constituting an indebtedness and relating to any project, no general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise (in contradistinction to funding or refunding bonds merely reevidencing an indebtedness formerly evidenced by the securities funded or refunded), shall be issued in a principal amount exceeding such debt limitation.
5. No bonds of the state shall be refunded by the issuance of its interim debentures, its notes or its warrants. No interim debentures of the state shall be funded by the issuance of its notes or its warrants.
Sec. 36. NRS 349.322 is hereby amended to read as follows:
349.322 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 3 years from the date of the interim debentures, as the commission may determine.
κ1969 Statutes of Nevada, Page 1588 (CHAPTER 681, SB 152)κ
the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 3 years from the date of the interim debentures, as the commission may determine.
2. The proceeds of interim debentures shall be used to defray the cost of a project.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as bonds authorized by the commission authorizing the issuance of the funded securities. [Except]
4. Except as otherwise provided in NRS 349.318 to 349.328, inclusive, interim debentures shall be issued as provided herein for state securities in NRS 349.230 to 349.316, [inclusive.] and 349.352 to 349.364, inclusive.
Sec. 37. NRS 349.330 is hereby amended to read as follows:
349.330 [Any] Subject to the provisions of NRS 349.320, any general obligation bonds or special obligation bonds of the state issued in accordance with the provisions of the State Securities Law or any other act and payable from any pledged revenues and any general obligation bonds of the state so issued but not payable from pledged revenues may be refunded on behalf of the state by the commission authorizing the issuance of the refunded bonds, without the necessity of the refunding bonds being authorized at an election except as otherwise provided in NRS 349.320, by the adoption of a resolution or resolutions by the commission and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of refunding bonds [:
1. To] to refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues [,] :
1. For the acceleration, deceleration or other modification of the payment of such obligations, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds, unless the capitalization of interest on bonds constituting an indebtedness increases the state debt in excess of the states debt limitation in the state constitution; or
2. For the purpose of reducing interest costs or effecting other economies; or
3. For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or otherwise relating to any facilities appertaining thereto; or
4. For any combination [thereof.] of the purposes stated in subsections 1, 2 and 3.
Sec. 38. NRS 349.332 is hereby amended to read as follows:
349.332 Nothing contained in the State Securities Law or in any other law of this state shall be construed to permit the commission to call on behalf of the state bonds or other securities outstanding now or any time after April 5, 1967, for prior redemption in order to fund or refund such [bonds] securities or in order to pay them prior to their stated maturities, unless the right to call such [bonds] securities for prior redemption was specifically reserved and stated in such [bonds] securities at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding [bonds] securities are strictly observed.
κ1969 Statutes of Nevada, Page 1589 (CHAPTER 681, SB 152)κ
in the proceedings authorizing the outstanding [bonds] securities are strictly observed. It is the intention of the legislature in this section to make it certain that the holder of no outstanding bond or other security may be compelled to surrender such [bond] security for funding or refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such funding or refunding might result in financial benefit to the state.
Sec. 39. NRS 349.334 is hereby amended to read as follows:
349.334 Notwithstanding the provisions of NRS 349.332 or of any other law, this state, acting by and through the state board of finance, may agree with the commission to exchange any outstanding bonds or other securities of the state and held by the state, or any agency, corporation, department or other instrumentality of the state, for funding or refunding bonds or other funding securities of the state authorized on its behalf by the commission or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds or other securities to the commission for funding or refunding at any time prior to their respective maturities or to any date as of which the state has the right and option to call on its behalf such outstanding [bonds] securities for prior redemption as expressly provided in the outstanding [bonds] securities and any resolution, trust indenture or other proceedings authorizing their issuance.
Sec. 40. NRS 349.352 is hereby amended to read as follows:
349.352 The determination of the commission that the limitations in the State Securities Law imposed upon the issuance of [refunding] bonds or upon the issuance of other securities hereunder, including without limitation any securities for funding or refunding securities, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by NRS 349.274.
Sec. 41. NRS 350.010 is hereby amended to read as follows:
350.010 As used in NRS 350.010 to [350.200,] 350.070, inclusive:
1. Clerk means the clerk, secretary, or other like officer of the municipal corporation.
2. General election means a general election, primary election, or regular municipal election.
3. Governing body means the board of county commissioners, city council, city commission, board of supervisors, board of directors or other governing body of the municipal corporation.
4. Municipal corporation means a county, city or town.
Sec. 42. NRS 350.020 is hereby amended to read as follows:
350.020 1. Whenever any municipal corporation in the State of Nevada proposes to issue bonds or provide for loans in any amount within the limit of indebtedness authorized by law, the proposal for the bond issue or loan shall be submitted to the electors of the municipal corporation at a general election or a special election called for that purpose. [; but the]
2. The provisions of NRS [350.020] 350.010 to 350.070, inclusive, shall not be applicable: [to]
(a) To incorporated cities organized or reorganized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article 8 of the constitution of the State of Nevada [.
κ1969 Statutes of Nevada, Page 1590 (CHAPTER 681, SB 152)κ
the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article 8 of the constitution of the State of Nevada [. Nothing herein contained shall be construed as preventing any such special legislative act or special charter from adopting the provisions of NRS 350.020 to 350.070, inclusive, as from time to time amended, by reference thereto.] ; or
(b) To incorporated cities or incorporated towns organized or reorganized and existing under charters originally framed and adopted (and regardless of any amendments thereof or the method of amendment) by the electors thereof pursuant to section 8 of article 8 of the constitution of the State of Nevada.
3. Nothing contained in this section shall prevent the adoption of the provisions of NRS 350.010 to 350.070, inclusive, by reference thereto in any such act, any such special charter, other such charter, or ordinance or resolution of any such city or any such town.
Sec. 43. NRS 350.022 is hereby amended to read as follows:
350.022 1. Whenever a municipal corporation by ordinance or resolution, as the governing body may determine, has ordered a bond election, the clerk shall cause notice of the election to be published in some newspaper printed in and having a general circulation in the municipal corporation once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.
2. If no newspaper is printed in the municipal corporation, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation in the municipal corporation.
Sec. 44. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as provided in subsection 3, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) The maximum amount of the bonds.
(e) The maximum rate of interest. [, not to exceed 6 percent per annum.]
(f) The maximum number of years [, not exceeding 30,] which the bonds are to run.
2. Any election called pursuant to NRS 350.010 to 350.070, inclusive, may be consolidated with a general election.
3. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.
Sec. 45. NRS 350.026 is hereby amended to read as follows:
350.026 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the clerk of the county in which the municipal corporation is located shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than [40] 50 days nor less than [32] 42 days next preceding the election, in a newspaper published within the municipal corporation, if any be so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
κ1969 Statutes of Nevada, Page 1591 (CHAPTER 681, SB 152)κ
to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than [40] 50 days nor less than [32] 42 days next preceding the election, in a newspaper published within the municipal corporation, if any be so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, 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. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. 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 Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election [from and including the 30th day next preceding such election] up to but excluding the [20th] 30th day next preceding such election and during regular office hours.
Sec. 46. NRS 350.360 is hereby amended to read as follows:
350.360 Wherever used in NRS 350.350 to 350.490, inclusive, unless a different meaning clearly appears from the context:
1. Governing body means the [commission or other local legislative body, by whatever name known, having charge of the government and affairs of a municipality or authorized to borrow money on behalf of a municipality.
2. Municipality means:
(a) A county.
(b) A city.
(c) An unincorporated town or city.
(d) A county sewer district.
(e) A county sewer and water improvement district.
(f) A county water improvement district.
(g) A sewage district, water district or garbage disposal district, or a combination of all or any two of the foregoing types of district.] board of county commissioners, city council, city commission, board of supervisors, town council, town board, board of directors or board of trustees of a district, or other local legislative body by whatever name known of a municipality.
2. Municipality means:
(a) A county.
(b) An incorporated city or an incorporated town.
(c) An unincorporated town or an unincorporated city.
(d) An improvement district authorized to acquire and operate a sewer system or a water system or both such systems pursuant to the provisions of NRS 309.030 and all laws supplemental thereto.
(e) A general improvement district authorized to furnish sanitary sewer facilities or water facilities or both such facilities pursuant to the provisions of NRS 318.116 and all laws supplemental thereto.
(f) Any other district or other type political subdivision of the state which is authorized by law any undertaking.
κ1969 Statutes of Nevada, Page 1592 (CHAPTER 681, SB 152)κ
3. Undertaking includes the following revenue-producing undertakings or any combination of two or more such undertakings, whether now existing or hereafter acquired or constructed: Systems, plants, works, instrumentalities and properties used or useful in connection with:
(a) The obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses.
(b) The collection, treatment and disposal of sewage, waste and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection and other sewer and water mains, filtration works, pumping stations and equipment.
Sec. 47. NRS 350.380 is hereby amended to read as follows:
350.380 1. The acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking and the issuance, in anticipation of the collection of the revenues of such undertaking, of bonds to provide funds to pay the cost thereof may be authorized under NRS 350.350 to 350.490, inclusive, by ordinance or resolution of the governing body, which may be adopted at a regular meeting by a vote of a majority of the members elected to the governing body. [; but before]
2. Before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the municipality or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the municipality voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.070, inclusive.
[2. The governing body, in determining such cost, may include all cost and estimated cost of the issuance of the bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period and for 6 months thereafter on money borrowed or which it is estimated will be borrowed pursuant to NRS 350.350 to 350.490, inclusive.]
Sec. 48. NRS 350.400 is hereby amended to read as follows:
350.400 1. The bonds may be sold at private sale to the United States of America or any agency, instrumentality or corporation thereof.
2. Unless sold to the United States of America or any agency, instrumentality or corporation thereof, the bonds shall be sold at public sale. [after notice of such sale has been published once at least 5 days prior to such sale in a newspaper circulating in the municipality, and in a financial newspaper published in Chicago, Illinois, or San Francisco, California.
3. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds sold pursuant to NRS 350.350 to 350.490, inclusive. The bonds and interim receipts or certificates shall be fully negotiable for all the purposes.]
Sec. 49. NRS 350.558 is hereby amended to read as follows:
350.558 Taxation means the levy and collection of taxes as defined in NRS 350.560 [.] , but in NRS 350.710 taxation pertains to any type of tax, including without limitation any business, occupation or privilege tax, any other excise tax, and any property tax.
κ1969 Statutes of Nevada, Page 1593 (CHAPTER 681, SB 152)κ
type of tax, including without limitation any business, occupation or privilege tax, any other excise tax, and any property tax.
Sec. 50. NRS 350.624 is hereby amended to read as follows:
350.624 1. Subject to the right of the governing body to reject any and all bids, [and to readvertise the securities for sale,] the securities shall be sold to the responsible bidder making the best bid. [If the securities are of a type which may be originally sold at private sale, they may be reoffered at private sale even though the governing body previously offered the securities at public sale and rejected all bids therefor.]
2. If there are two or more equal bids for the securities and such equal bids are the best bids received and not less than the principal amount of the securities and accrued interest, except for any permitted discount, the governing body shall determine which bid shall be accepted.
Sec. 51. NRS 350.674 is hereby amended to read as follows:
350.674 [Nothing] 1. Subject to the provisions of subsections 2, 3, 4 and 5, nothing contained herein shall be construed as authorizing the municipality to issue any municipal securities constituting a debt for the purpose of funding or refunding municipal securities constituting special obligations which do not constitute an indebtedness.
2. Any special obligation securities of a municipality pertaining to any project may be funded or refunded by general obligation securities pertaining to the project only if the municipality is authorized by law to issue such funding or refunding securities at the time of their issuance, even though the municipality was not so authorized to issue them at the time of the issuance of any such funded or refunded securities.
3. If the issuance of general obligation bonds to defray the cost of the project is conditioned upon their approval by the qualified electors of the municipality at an election, any general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise, may be issued only if the bonds have been so approved at an election in the manner provided by law.
4. If a debt limitation pertains to any general obligation bonds or other securities of a municipality constituting an indebtedness and relating to any project, no general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise (in contradistinction to funding or refunding bonds merely reevidencing an indebtedness formerly evidenced by the securities funded or refunded), shall be issued in a principal amount exceeding such debt limitation.
5. No bonds of a municipality shall be refunded by the issuance of its interim debentures, its notes or its warrants. No interim debentures of a municipality shall be funded by the issuance of its notes or its warrants.
Sec. 52. NRS 350.676 is hereby amended to read as follows:
350.676 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 3 years from the date of the interim debentures, as the governing body may determine.
2. The proceeds of interim debentures shall be used to defray the cost of a project.
κ1969 Statutes of Nevada, Page 1594 (CHAPTER 681, SB 152)κ
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as bonds.
4. Except as otherwise provided in NRS 350.672 to 350.682, inclusive, interim debentures shall be issued as provided herein for municipal securities in NRS 350.584 to 350.670, [inclusive,] and 350.708 to 350.720, inclusive.
Sec. 53. NRS 350.684 is hereby amended to read as follows:
350.684 [Any] Subject to the provisions of NRS 350.674, any general obligation bonds or special obligation bonds of the municipality issued in accordance with the provisions of the Local Government Securities Law or any other act and payable from any pledged revenues and any general obligation bonds of the municipality so issued but not payable from pledged revenues may be refunded on behalf of the municipality by the governing body, without the necessity of the refunding bonds being authorized at an election except as otherwise provided in NRS 350.674, by the adoption of an ordinance or ordinances by the governing body and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of refunding bonds [:
1. To] to refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues [,] :
1. For the acceleration, deceleration or other modification of the payment of such obligations, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds, unless the capitalization of interest on bonds constituting an indebtedness increases the municipal debt in excess of the municipalitys debt limitation, if any; or
2. For the purpose of reducing interest costs or effecting other economies; or
3. For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or otherwise relating to any facilities appertaining thereto; or
4. For any combination [thereof.] of the purposes stated in subsections 1, 2 and 3.
Sec. 54. NRS 350.686 is hereby amended to read as follows:
350.686 Nothing contained in the Local Government Securities Law or in any other law of this state shall be construed to permit the governing body to call on behalf of the municipality bonds or other securities outstanding now or any time after April 12, 1967, for prior redemption in order to fund or refund such [bonds] securities or in order to pay them prior to their stated maturities, unless the right to call such [bonds] securities for prior redemption was specifically reserved and stated in such [bonds] securities at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding [bonds] securities are strictly observed. It is the intention of the legislature in this section to make it certain that the holder of no outstanding bond or other security may be compelled to surrender such [bond] security for funding or refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such funding or refunding might result in financial benefit to the municipality.
κ1969 Statutes of Nevada, Page 1595 (CHAPTER 681, SB 152)κ
Sec. 55. NRS 350.688 is hereby amended to read as follows:
350.688 Notwithstanding the provisions of NRS 350.686 or of any other law, this state, acting by and through the state board of finance, may agree with the governing body to exchange any outstanding bonds or other securities issued by the municipality and held by the state, or any agency, corporation, department or other instrumentality of the state, for funding or refunding bonds or other funding securities of the municipality or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds or other securities to the governing body for funding or refunding at any time prior to their respective maturities or to any date as of which the municipality has the right and option to call on its behalf such outstanding [bonds] securities for prior redemption as expressly provided in the outstanding [bonds] securities and any ordinance, trust indenture or other proceedings authorizing their issuance.
Sec. 56. NRS 350.708 is hereby amended to read as follows:
350.708 The determination of the governing body that the limitations in the Local Government Securities Law imposed upon the issuance of [refunding] bonds or upon the issuance of other securities hereunder, including without limitation any securities for funding or refunding securities, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing ordinance or the securities thereby authorized contain a recital as authorized by NRS 350.628.
Sec. 57. NRS 373.130 is hereby amended to read as follows:
373.130 1. Funds for the payment of the cost of a project within the area embraced by the streets and highways plan described in NRS 373.030 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made hereunder, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented in NRS 373.150 by the provisions for direct distribution for any area not embraced by such plan, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Funds for street and highway construction outside the area embraced by such plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2. The board may, after the enactment of an ordinance as authorized by NRS 373.030, from time to time issue revenue bonds and other revenue securities, on the behalf and in the name of the county:
(a) The total of all of which, issued and outstanding at any one time, shall not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the tax imposed pursuant to the provisions of NRS 373.030; and
(b) Which shall not be general obligations of the county or a charge on any real estate therein; but
(c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes herein designated, except such portion of such receipts as may be required for the direct distributions authorized by NRS 373.150.
κ1969 Statutes of Nevada, Page 1596 (CHAPTER 681, SB 152)κ
taxes herein designated, except such portion of such receipts as may be required for the direct distributions authorized by NRS 373.150.
3. A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as herein provided.
4. [A county is authorized to issue revenue securities other than bonds, pursuant to subsection 2 of this section, as follows:
(a) To borrow money as an emergency loan, construction loan or other temporary loan for any period not exceeding 3 years, and to evidence the obligation so incurred by the issuance of notes or debentures as provided in subsections 5 and 6 of this section.
(b) To borrow money and to evidence the obligation so incurred by the issuance of temporary bonds pending the preparation of definitive bonds to be exchanged therefor when prepared.
5. Notes, debentures and temporary bonds, except as herein otherwise provided, may be negotiable or nonnegotiable, and otherwise in such form as the board may determine.] Subject to the provisions of this chapter, for any project authorized therein the board of any county, as the board may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or such project, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
5. All such securities shall constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of such securities shall be limited to such net receipts.
6. Except for:
(a) Any notes or [debentures] warrants which are funded with the proceeds of interim debentures or bonds; [pursuant to NRS 373.1991;]
(b) Any interim debentures which are funded with the proceeds of bonds;
(c) Any temporary bonds which are exchanged for definitive bonds; [pursuant to subsection 4 of this section;
(c)] (d) Any bonds which are reissued [pursuant to NRS 373.160] or which are refunded [pursuant to NRS 373.192 to 373.199, inclusive; and
(d)] ; and
(e) The use of any profit from any investment and reinvestment [pursuant to NRS 373.191 or otherwise] for the payment of any bonds or other securities issued hereunder,
all bonds and other securities issued hereunder shall be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemental by this chapter. [, except for any proceeds of the excise tax of one-half cent per gallon levied on motor vehicle fuel by NRS 365.180.] Receipts of the [tax levied in NRS] taxes levied in NRS 365.180 and 365.190 and accounted for in the general road fund of the county may be used by the county for the payment of securities issued hereunder and may be pledged therefor.
κ1969 Statutes of Nevada, Page 1597 (CHAPTER 681, SB 152)κ
therefor. If during any period any securities payable from such tax proceeds are outstanding, such tax receipts shall not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 shall not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time such tax receipts are so apportioned, provision has been duly made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as the same become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.
7. The ordinance authorizing the issuance of any bond or other revenue security hereunder shall describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. Nothing herein contained shall be construed as requiring the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, nor as preventing the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to such approval by the commission of the project as so modified.
Sec. 58. NRS 373.160 is hereby amended to read as follows:
373.160 The ordinance or ordinances providing for the issuance of any bonds or other securities issued hereunder payable from the receipts from the motor vehicle fuel excise taxes herein designated may at the discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to:
1. [The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.
2. Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on the bonds or on the coupons thereof.
3.] The pledge of and the creation of a lien upon the receipts of the tax collected for the county hereunder (excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150) or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.
[4.] 2. If the board determines in any ordinance authorizing the issuance of any bonds or other securities hereunder that the proceeds of the tax levied and collected pursuant to the County Motor Vehicle Fuel Tax Law are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board may additionally secure the payment of any bonds or other securities issued pursuant to ordinance hereunder by a pledge of and the creation of a lien upon not only the proceeds of any motor fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.130, but also the proceeds of any such tax thereafter authorized to be used or pledged or used and pledged for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.
κ1969 Statutes of Nevada, Page 1598 (CHAPTER 681, SB 152)κ
used or pledged or used and pledged for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof. [, except for any proceeds of the excise tax of one-half cent per gallon levied on motor vehicle fuel by NRS 365.180.
5.] 3. The pledges and liens authorized by subsections [3 and 4] 1 and 2 of this section shall extend to the proceeds of any tax collected for use by the county on any motor vehicle fuel so long as any bonds or other securities issued hereunder remain outstanding and shall not be limited to any type or types of motor vehicle fuel in use when the bonds or other securities shall be issued. [Revenues pledged for the payment of any securities, as received by the county, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or further act, and the lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing ordinance or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the county, except as may be otherwise provided herein or in such ordinance or other instrument, and subject to any prior pledges and liens theretofore created; and the lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the county irrespective of whether such persons have notice thereof.
6. The issuance of other or additional bonds or other securities payable from or constituting a charge against such receipts of taxes authorized by this chapter, and, if pledged for the payment of the bonds or other securities authorized by the ordinance, the receipts by the county of any motor vehicle fuel tax authorized by any law other than this chapter, and the priority of liens against such receipts.
7. The terms and conditions upon which any or all of the bonds or other securities shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.
8. The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations.
9. The vesting in a trustee or trustees of the right to enforce any covenants made to secure, to pay, or in relation to, the bonds or other securities; as to the powers and duties of the trustee or trustees, and the limitation of liabilities thereof; and as to the terms and conditions upon which the holders of the bonds or other securities or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed thereby.
10. A procedure by which the terms of any ordinance authorizing bonds or other securities, or any other contract with holders of bonds or other securities, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated; and as to the amount of bonds or other securities, which the holders thereof must consent to, and the manner in which consent may be given.
11. The payment with proceeds of bonds or other securities of the cost of the project.
κ1969 Statutes of Nevada, Page 1599 (CHAPTER 681, SB 152)κ
12. The application of any accrued interest and any premium from the sale of any bonds or other securities hereunder to the cost of the project, to any bond fund or other fund or account for the payment of interest on or the principal of the bonds or other securities, or both interest and principal, or to any reserve fund therefor, or any combination thereof.
13. The registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated.
14. The endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest.
15. The endorsement of payments of principal on the bonds or other securities, where any bond or other security is registered for payment as to principal.
16. The initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof.
17. The manner and circumstances in and under which any such bond or other security may in the future, at the request of the holder thereof, be converted into bonds or other securities of smaller denominations, which bonds or other securities of smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment.
18. The reissuance of any outstanding bond or other security, and the terms and conditions thereof, whether destroyed, stolen, lost, mutilated, or for any other reason.
19. The temporary investment and any reinvestment of proceeds of bonds or other securities or motor vehicle tax receipts, or both such proceeds and receipts, in federal securities, and limitations appertaining thereto.
20. The deposit of moneys with and securing their repayment by any banking institution within or without this state.]
Sec. 59. NRS 373.190 is hereby amended to read as follows:
373.190 The board is authorized to sell such bonds from time to time at public or private sale as the board may determine. [, and may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.]
Sec. 60. NRS 387.350 is hereby amended to read as follows:
387.350 Except as provided in NRS 387.355, the notice of election shall contain:
1. The time and places of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purposes for which the bonds are to be issued.
4. The maximum amount of the bonds.
κ1969 Statutes of Nevada, Page 1600 (CHAPTER 681, SB 152)κ
5. The maximum rate of interest. [, not to exceed 7 percent.]
6. The maximum number of years [, not exceeding 20,] which the bonds are to run.
Sec. 61. NRS 387.405 is hereby amended to read as follows:
387.405 [1. Except as provided in subsection 2, the denomination of each of the bonds shall not be less than $100, or any even multiple thereof, as the board of trustees of the county school district may determine, but no more than the amount of principal maturing in the year in which the bond becomes due.
2. Whenever the State of Nevada or any board or department thereof is the successful bidder on any bonds offered for sale, the board of trustees shall have the bonds printed in any denomination desired and indicated by the State of Nevada or the board or department thereof.] For any project or purpose authorized in NRS 387.335 the board of trustees of a county school district, at any time or from time to time, in the name and on behalf of the district, may issue general obligation bonds, payable from taxes, subject to the provisions of NRS 350.001 to 350.006, inclusive, and 387.335 to 387.525, inclusive, as from time to time amended.
Sec. 62. NRS 387.410 is hereby amended to read as follows:
387.410 [1. The bonds shall not bear a rate of interest greater than 7 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.
2. When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.] Subject to the provisions of NRS 387.335 to 387.525, inclusive, for any school facilities authorized therein the board, as it may determine from time to time, may, on the behalf and in the name of the district, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other district securities constituting its general obligations, and in connection with any project or school facilities, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 63. NRS 387.545 is hereby amended to read as follows:
387.545 Except as provided in NRS 387.550, the notice of election shall contain:
1. The time and places of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purposes for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest. [, not to exceed 7 percent.]
6. The maximum number of years [, not exceeding 20,] which the bonds are to run.
Sec. 64. NRS 387.600 is hereby amended to read as follows:
387.600 [1. Except as provided in subsection 2, the denomination of each of the bonds shall not be less than $100, or any even multiple thereof, as the board of trustees of the joint school district may determine, but no more than the amount of principal maturing in the year in which the bond becomes due.
κ1969 Statutes of Nevada, Page 1601 (CHAPTER 681, SB 152)κ
but no more than the amount of principal maturing in the year in which the bond becomes due.
2. Whenever the State of Nevada or any board or department thereof is the successful bidder on any bonds offered for sale, the board of trustees shall have the bonds printed in any denomination desired and indicated by the State of Nevada or the board or department thereof.] For any project or purpose authorized in NRS 387.530 the board of trustees of a joint school district, at any time or from time to time, in the name and on behalf of the district, may issue general obligation bonds, payable from taxes, subject to the provisions of NRS 350.001 to 350.006, inclusive, and 387.530 to 387.720, inclusive, as from time to time amended.
Sec. 65. NRS 387.605 is hereby amended to read as follows:
387.605 [1. The bonds shall not bear a rate of interest greater than 7 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.
2. When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.] Subject to the provisions of NRS 387.530 to 387.720, inclusive, for any school facilities authorized therein the board, as it may determine from time to time, may, on the behalf and in the name of the district, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other district securities constituting its general obligations, and in connection with any project or school facilities, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 66. (Deleted by amendment.)
Sec. 67. NRS 396.865 is hereby amended to read as follows:
396.865 1. If a resolution of the board authorizing or providing for the issuance of any securities of any series or any other proceedings appertaining thereto contains a provision authorized by subsection 28 of NRS 396.862 and further provides in substance that any trustee appointed pursuant to [such] subsection 24 of NRS 396.862 shall have the powers provided by that subsection, then such trustee, whether or not all of the bonds or other securities of such series have been declared due and payable, shall be entitled as of right to the appointment of a receiver of the facilities appertaining thereto.
2. Any receiver appointed as permitted by subsection 28 of NRS 396.862 may enter upon and take possession of the facilities and property appertaining thereto, and, subject to any pledge or contract with the holders of such securities, shall take possession of all moneys and other property derived from or applicable to the acquisition, operation, maintenance or improvement of the facilities and proceed with such acquisition, operation, maintenance or improvement which the board on its behalf or on the behalf of the university is under any obligation to do, and operate, maintain, equip and improve the facilities, and fix, charge, collect, enforce and receive the service charges and all revenues thereafter arising subject to any pledge thereof or contract with the holders of such securities relating thereto and perform the public duties and carry out the contracts and obligations of the university or the board in the same manner as the board itself might do and under the direction of the court.
κ1969 Statutes of Nevada, Page 1602 (CHAPTER 681, SB 152)κ
out the contracts and obligations of the university or the board in the same manner as the board itself might do and under the direction of the court.
Sec. 68. NRS 396.868 is hereby amended to read as follows:
396.868 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 3 years from the date of the interim debentures, as the board may determine.
2. The proceeds of interim debentures shall be used to defray the cost of the project appertaining thereto.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as with the proceeds of bonds.
4. Except as otherwise provided in NRS 396.868 to 396.871, inclusive, interim debentures shall be issued as provided herein for board or university securities in NRS 396.839 to 396.867, inclusive, and 396.880 to 396.885, inclusive.
Sec. 69. NRS 396.872 is hereby amended to read as follows:
396.872 1. Any bonds of the board or university issued hereunder or pursuant to any other act and payable from any pledged revenues may be refunded by the board on its behalf or on behalf of the university by the adoption of a resolution or resolutions by the board and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of bonds [:
(a) To] to refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues [,] :
(a) For the acceleration, deceleration or other modification of the payment of such obligations, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds; or
(b) For the purpose of reducing interest costs or effecting other economies; or
(c) For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or otherwise relating to any facilities appertaining thereto; or
(d) For any combination [thereof.] of the purposes stated in paragraphs (a), (b) and (c).
2. Nothing contained herein nor in any other law of this state shall be construed to permit the board to call on its behalf or on behalf of the board or university bonds or other securities now or hereafter outstanding for prior redemption in order to fund or refund such [bonds] securities or in order to pay them prior to their stated maturities, unless the right to call such [bonds] securities for prior redemption was specifically reserved and stated in such [bonds] securities at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding [bonds] securities are strictly observed. It is the intention of this subsection to make it certain that the holder of no outstanding bond or other security may be compelled to surrender such [bond] security for funding or refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such funding or refunding might result in financial benefit to the board or university.
κ1969 Statutes of Nevada, Page 1603 (CHAPTER 681, SB 152)κ
such [bond] security for funding or refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such funding or refunding might result in financial benefit to the board or university.
3. Notwithstanding the provisions of subsection 2 of this section or of any other law, this state, acting by and through the state board of finance, may agree with the university or its board to exchange any outstanding bonds or other securities of the university or the board and held by the state, or any agency, corporation, department or other instrumentality of the state, for funding or refunding bonds or other funding securities of the university or the board, or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds or other securities to the board for funding or refunding at any time prior to their respective maturities or to any date as of which the board has the right and option to call on its behalf or on behalf of the university such outstanding bonds or other securities for prior redemption as expressly provided in the outstanding [bonds] securities and any resolution, trust indenture or other proceedings authorizing their issuance.
4. Any provision herein concerning the refunding of outstanding bonds includes any outstanding securities evidencing long-term loans to the university or the board regardless of whether such securities are designated as bonds, certificates, single certificates or otherwise.
Sec. 70. NRS 396.880 is hereby amended to read as follows:
396.880 The determination of the board that the limitations hereunder imposed upon the issuance of [refunding] bonds or upon the issuance of other securities hereunder, including without limitation any securities for funding or refunding securities, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by NRS 396.851.
Sec. 71. NRS 450.030 is hereby amended to read as follows:
450.030 Whenever the board of county commissioners of any county shall be presented with a petition signed by at least 30 percent of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in the petition the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, each board of county commissioners shall, after a compliance with and subject to the provisions of NRS 350.001 to 350.006, inclusive, as from time to time amended, submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 72. NRS 450.040 is hereby amended to read as follows:
450.040 1. Whenever the board of county commissioners of any county shall be presented with a petition signed by at least 50 percent of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in the petition the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, each such board of county commissioners shall [call a special election for the purpose of submitting the question of issuing bonds therefor to the qualified electors of the county, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
κ1969 Statutes of Nevada, Page 1604 (CHAPTER 681, SB 152)κ
specify in the petition the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, each such board of county commissioners shall [call a special election for the purpose of submitting the question of issuing bonds therefor to the qualified electors of the county, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
2. The special election shall be held within 40 days after such petition shall have been filed with the board.] forthwith comply with the provisions of NRS 350.001 to 350.006, inclusive, as from time to time amended, and shall submit the proposal to issue bonds for such project to the county general obligation bond commission for each such county.
2. Upon the receipt of the approval thereof of each such commission, each such board of county commissioners shall call a special election for the purpose of submitting the question of issuing bonds for the hospital project designated in the petition to the qualified electors of the county, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
3. The special election shall be held in each such county within 60 days after such approval of the commission is received by the board.
4. If the petition designated in subsection 1 indicates the hospital is to serve more than one county, each county designated shall submit to the commission and to the qualified electors of the county a bond question authorizing the issuance of the countys bonds for such project in a maximum principal amount at least sufficient to defray the countys proportional share of the maximum amount designated in the petition to be expended for the project based upon the last assessed valuation of the taxable property in the county and such valuation of such property in all the counties designated in the petition.
Sec. 73. NRS 450.043 is hereby amended to read as follows:
450.043 Whenever the board of county commissioners of any county on its own motion desires to establish a county hospital, the board shall [specify] :
1. Specify the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site [, and shall] ;
2. Comply with the provisions of NRS 350.001 to 350.006, inclusive, as from time to time amended, and
3. Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing bonds [therefor] for such hospital project to the qualified electors of the county at [a general or special] an election called for that purpose, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 74. NRS 450.045 is hereby amended to read as follows:
450.045 Whenever a question of issuing bonds submitted to the qualified electors of any county pursuant to NRS 450.030, 450.040 or 450.043 has been approved as provided in NRS 350.070, as from time to time amended, the board or boards of county commissioners shall immediately proceed to appoint the board of hospital trustees and shall proceed to issue and sell the bonds as provided in this chapter, subject to the provisions of [NRS 350.080 to 350.200, inclusive,] the Local Government Securities Law, as from time to time amended.
κ1969 Statutes of Nevada, Page 1605 (CHAPTER 681, SB 152)κ
to the provisions of [NRS 350.080 to 350.200, inclusive,] the Local Government Securities Law, as from time to time amended.
Sec. 75. NRS 450.240 is hereby amended to read as follows:
450.240 1. In all counties where a tax for the establishment and maintenance of a public hospital has been authorized, or is hereafter authorized, by a majority of the voters voting for a bond issue in accordance with law, the supervision, management, government and control of the county hospital shall vest in and be exercised by the board of hospital trustees for the county public hospital, and the institution shall thereafter be operated by the board of hospital trustees.
2. In all such counties, the supervision of the county isolation hospital, county home for the indigent sick, county workhouse for indigents, and the county poor farm, or any of them, may, at the discretion of the board of county commissioners, be vested in and exercised by the board of hospital trustees, and such institution or institutions may thereafter be operated by the board of hospital trustees.
3. Annually, upon the request of the board of hospital trustees, the board of county commissioners may levy a tax for the maintenance and operation of the county public hospital or other institutions named in subsection 2.
4. The resolution adopted by the board of county commissioners imposing a tax levy for a county public hospital shall state:
(a) The portion of the levy which is necessary to retire hospital bonds and any other outstanding hospital securities, and to pay interest thereon;
(b) The portion of the levy which is necessary to pay for the care of indigent patients; and
(c) The portion of the levy which is necessary to pay for the cost of new equipment, replacement of old equipment and other improvements to the hospital not covered by specific bond issues or other securities and not included in the cost of care of indigent patients as provided in paragraph (b). The cost shall be prorated to the county in accordance with the number of patient days of care of county patients.
5. The board of county commissioners may not levy a tax for the care of indigents in the county public hospital as a hospital expense unless the levy and its justification are included in the hospital fund budget as submitted to the Nevada tax commission as provided by law.
Sec. 76. NRS 450.280 is hereby amended to read as follows:
450.280 1. Whenever the board of hospital trustees of any county shall deem it advisable that bonds be issued for the enlargment, maintenance, repair, improvement or reconstruction of a public hospital, including without limitation the construction, installation and other acquisition of additional fixtures, structures, and buildings for the public hospital, equipment and furnishings therefor, and additional sites therefor (of any combination thereof), the board shall, by resolution, request the board of county commissioners of the county to issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any or all of such purposes. [; and thereupon the board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county, or at any special or other election theretofore held for that purpose as the board of county commissioners may determine.]
κ1969 Statutes of Nevada, Page 1606 (CHAPTER 681, SB 152)κ
election theretofore held for that purpose as the board of county commissioners may determine.]
2. Thereupon the board of county commissioners shall:
(a) Comply with the provisions of NRS 350.001 to 350.006, inclusive, as from time to time amended, and
(b) Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing such bonds to the qualified electors of the county at an election called for that purpose, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 77. NRS 450.290 is hereby amended to read as follows:
450.290 [1. Four weeks notice (being five publications 1 week apart) of any election to be held pursuant to this chapter shall be given by publishing the same in one or more newspapers published in each county affected thereby, if any be published therein, otherwise by posting a written or printed notice in each precinct of the county.
2. Except as provided in subsection 3, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purpose for which the bonds are to be issued.
(d) The maximum amount of the bonds.
(e) The maximum rate of interest, not to exceed 6 percent per annum.
(f) The maximum number of years, not exceeding 20, which the bonds are to run.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.] Subject to the provisions of this chapter, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time or from time to time, in the name and on the behalf of the county, may issue:
1. General obligation bonds, payable from taxes; and
2. General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
Sec. 78. NRS 450.300 is hereby amended to read as follows:
450.300 [1. Every such election shall be held in full conformity with the provisions of NRS 350.010 to 350.070, inclusive, as from time to time amended.
2. The board of county commissioners is authorized to employ such election board officers as may be necessary for the election.] Subject to the provisions of NRS 450.290, for any hospital facilities authorized by this chapter, the board of county commissioners, as the board may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or such facilities, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
κ1969 Statutes of Nevada, Page 1607 (CHAPTER 681, SB 152)κ
from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or such facilities, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 79. NRS 450.310 is hereby amended to read as follows:
450.310 [If the result of the election in the county shall be in favor of the proposition so submitted, as provided in NRS 350.070, as from time to time amended, the board of county commissioners shall issue such bonds as the electors shall have authorized.] In order to insure the payment of the general obligation bonds of the county, the payment of which is additionally secured by a pledge of revenues of such hospital facilities, of any such other income-producing project and of any such excise taxes, as provided in NRS 450.290, or other such additionally secured general obligation securities of the county, there may be established and maintained, and from time to time revised, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through such facilities and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, by the board of hospital trustees for such hospital facilities and otherwise by the board of county commissioners, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings authorizing the issuance of any of the bonds or other securities, including any covenant for the establishment of reasonable reserve funds.
Sec. 80. NRS 710.200 is hereby amended to read as follows:
710.200 [For the purpose of providing funds with which to purchase, acquire or construct, as well as to maintain, operate and extend, such powerplants or plants and the lines thereof, the board of county commissioners is authorized, directed and empowered to issue bonds of the county.] Subject to the provisions of NRS 710.160 to 710.280, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of an electrical system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:
1. In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.
2. Revenue bonds constituting special obligations and payable from such net revenues, without the necessity of the revenue bonds being authorized at any election.
κ1969 Statutes of Nevada, Page 1608 (CHAPTER 681, SB 152)κ
Sec. 81. NRS 710.210 is hereby amended to read as follows:
710.210 [The total face value of the bonds to be issued under the provisions of NRS 710.160 to 710.280, inclusive, shall be in an amount not to exceed 2 percent of the assessed valuation of all property in the county for the year the first bond shall be issued.]
1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.160 to 710.280, inclusive, shall be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county for the year in which the bonds are issued. Such general obligation securities shall constitute a separate classification of debt of the county and shall not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system shall be issued for any undertaking authorized in NRS 710.160 to 710.280, inclusive, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
3. Nothing in this section shall be construed as preventing the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 82. NRS 710.220 is hereby amended to read as follows:
710.220 [The bonds shall bear interest at a rate not to exceed 6 percent per annum from the date of issue. Interest shall be payable semiannually.] Subject to the provisions of NRS 710.160 to 710.280, inclusive, for any undertaking therein authorized the board of county commissioners, as it may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or the electrical system, the board may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
Sec. 83. NRS 710.260 is hereby amended to read as follows:
710.260 Except as may be otherwise provided in any ordinance, indenture or other proceedings pertaining to any outstanding securities pertaining to the electrical system:
1. All moneys received for service or sale of the electrical energy, power and current distributed by the system and other revenues accruing therefrom or in connection therewith shall be paid by the officer or person collecting the same to the county treasurer. All such moneys shall be placed by the county treasurer in the ................................. County light and power fund, which is hereby created.
κ1969 Statutes of Nevada, Page 1609 (CHAPTER 681, SB 152)κ
2. From time to time, the board of county commissioners may set aside such portion thereof as may be necessary or advisable to provide for the maintenance, operation and extension of the system.
3. The surplus receipts, after providing for the expense of operation, maintenance and extension, may be apportioned and used for the payment of interest and for the redemption of the bonds. After the redemption of all bonds and the payment of all interest thereon, any remaining surplus may be transferred to the county general fund.
4. Any deficiency which may be incurred in the ................................. County light and power fund by reason of insufficient revenues, or otherwise, shall be a charge upon and shall be paid from the county general fund.
Sec. 84. NRS 710.310 is hereby amended to read as follows:
710.310 [1. Upon the filing of the petition provided for in NRS 710.290, if the board of county commissioners shall adjudge it to be to the interest of the county to build or construct the railway line specified in the petition, and if in the opinion of the board of county commissioners it is advisable that funds for that purpose should be acquired by the sale of bonds, the board of county commissioners shall, not later than 8 weeks before any general or special election:
(a) Determine the amount of such bonds to be issued.
(b) Make and enter in its minutes a certificate of such determination.
(c) Make and enter an order submitting the question of the issuance of such bonds to the qualified electors of the county.
2. If the order of submission shall be made and entered more than 6 months prior to the time for holding a general election, the board of county commissioners may order a special election for the purpose. The special election shall be conducted in the manner provided by law for conducting elections, and the ballots at such election shall have printed thereon the words: For the county railway bonds, and Against the county railway bonds.
3. The district attorney shall draft the measure proposed in subsection 1 and an explanation thereof for submission to the registered voters.
4. The votes cast for and against the issuance of the bonds at any election therefor shall be counted and returns thereof made and canvassed in the manner provided by law for counting, making returns and canvassing the votes of a general election.] Subject to the provisions of NRS 710.310 to 710.390, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of a railroad system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, engines, cars, tracks, telegraphic equipment, signal equipment, traffic control equipment, maintenance equipment, other equipment, furnishings, electric transmission lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:
1. In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(a) General obligation bonds, payable from taxes; and
κ1969 Statutes of Nevada, Page 1610 (CHAPTER 681, SB 152)κ
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.
2. Revenue bonds constituting special obligations and payable from such net revenues, without the necessity of the revenue bonds being authorized at any election.
Sec. 85. NRS 710.320 is hereby amended to read as follows:
710.320 [If a majority of the votes cast on a proposition to issue bonds shall be in the affirmative, the board of county commissioners shall, as soon thereafter as practicable, issue the negotiable coupon bonds of the county.]
1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.290 to 710.390, inclusive, shall be in a principal amount not to exceed 2 percent of the assessed valuation of all property in the county for the year in which the bonds shall be issued. Such general obligation securities shall constitute a separate classification of debt of the county and shall not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system shall be issued for any undertaking authorized in NRS 710.290 to 710.390, inclusive, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
3. Nothing in this section shall be construed as preventing the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 86. NRS 710.390 is hereby amended to read as follows:
710.390 [1. For the purpose of creating a fund for the payment of the principal and interest of the bonds so issued, the board of county commissioners of the county issuing the bonds is authorized and directed to levy and collect annually thereafter a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of the county, until such bonds and the interest thereon have been fully paid and discharged, sufficient to pay the interest upon the bonds, and to provide a fund for the payment of the principal of the same according to their tenor and effect.
2. The tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a fund to be known as the county railway bond fund, and paid out therefrom only in the payment of the principal and interest of such bonds.
κ1969 Statutes of Nevada, Page 1611 (CHAPTER 681, SB 152)κ
3. When the principal and interest of the bonds shall have been fully paid, and all of the bonds retired, any and all moneys remaining on hand in the county railway bond fund shall be transferred to the county general fund.] Subject to the provisions of NRS 710.290 to 710.390, inclusive, for any undertaking therein authorized the board of county commissioners, as it may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or the railroad system, the board may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
Sec. 87. NRS 710.430 is hereby amended to read as follows:
710.430 [1. Before issuing bonds, the board of county commissioners acting in behalf of the city or town shall publish a notice for at least 3 consecutive weeks in some daily newspaper published in the city or town, calling for a special election by the legally qualified electors of such city or town, to determine whether such bonds shall issue. If there is no daily newspaper published in the city or town, the notice shall be posted in at least three conspicuous places within the limits of the city or town for 3 consecutive weeks. If there is a weekly newspaper in the town or city or any other newspaper published in the city or town not being a daily newspaper, the notice shall also be published in each issue of such newspaper during the period prescribed herein for the posting of the notice.
2. The notice shall state specifically:
(a) The amount of the proposed bond issue.
(b) The rate of interest the bonds are to bear.
(c) The time and manner of their payment.
(d) That the bonds are for the construction or purchase of a sewerage system, light system, water system, combined light and water system, or combined sewerage, light and water system, as the case may be:
3. The board of county commissioners shall call, hold and provide for, in the manner required by law, a special election, as provided for in subsections 1 and 2, upon a petition signed by electors residing within the city or town equal in number to at least 20 percent of the entire vote cast at the last preceding election held in the town or city in which the special election is to be held.] Subject to the provisions of NRS 710.400 to 710.590, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the town or city, issue:
1. In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(a) General obligation bonds, payable from taxes; and
κ1969 Statutes of Nevada, Page 1612 (CHAPTER 681, SB 152)κ
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.
2. Revenue bonds constituting special obligations and payable from such net revenues, without the necessity of the revenue bonds being authorized at any election.
Sec. 88. NRS 710.440 is hereby amended to read as follows:
710.440 [1. The board of county commissioners shall cause a sufficient number of ballots to be printed, which shall bear the words Sewerage bonds-Yes, Sewerage bonds-No or Light bonds-Yes, Light bonds-No or Water bonds-Yes, Water bonds-No or Water and light bonds-Yes, Water and light bonds-No or Sewerage, light and water bonds-Yes, Sewerage, light and water bonds-No, as the case may require, printed thereon in parallel lines, one above the other.
2. The district attorney shall draft an explanation of the measure proposed in subsection 1 for submission to the registered voters.
3. The election shall be conducted and the votes canvassed in all essential particulars as in other city and town elections.]
1. The total of all general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.400 to 710.590, inclusive, and issued for all other corporate purposes shall not at any time exceed the debt limitation in NRS 269.410, as from time to time amended.
2. Nothing in this section shall be construed as preventing the town or city from funding, refunding or reissuing any securities of the town or city appertaining to the system as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 89. NRS 710.450 is hereby amended to read as follows:
710.450 [If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting in behalf of the city or town, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of NRS 710.400 to 710.590, inclusive.] Subject to the provisions of NRS 710.400 to 710.590, inclusive, for any undertaking therein authorized the board of county commissioners, as it may determine from time to time, may, on the behalf and in the name of the town or city, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other securities, and in connection with such undertaking or the system, the board may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
Sec. 90. The Local Government Securities Law, being NRS 350.500 to 350.720, inclusive, is hereby amended by adding thereto the provisions set forth as section 91 of this act.
Sec. 91. 1. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality (or any combination thereof) may be adopted as if an emergency existed.
2. The governing bodys declaration, if any, in any ordinance that it is such an ordinance shall be conclusive in the absence of fraud or gross abuse of discretion.
κ1969 Statutes of Nevada, Page 1613 (CHAPTER 681, SB 152)κ
3. Such an ordinance may become effective at any time when an emergency ordinance of the municipality may go into effect.
Sec. 92. NRS 244.911 is hereby amended to read as follows:
244.911 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the county [.] , regardless of source, which are otherwise legally available therefor.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the board shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the county which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the [state.] State of Nevada.
3. Any such tax levy shall enjoy the same priority as provided by NRS [350.250] 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 93. NRS 244.912 is hereby amended to read as follows:
244.912 1. Bonds issued pursuant hereto shall not be a debt of the county, and the county shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds [.] , as heretofore provided.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the county, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the county, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 94. NRS 244.916 is hereby amended to read as follows:
244.916 Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 95. NRS 271.495 is hereby amended to read as follows:
271.495 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the municipality [.] , regardless of source, which are otherwise legally available therefor.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the governing body shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the municipality which is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
κ1969 Statutes of Nevada, Page 1614 (CHAPTER 681, SB 152)κ
is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS [350.250] 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 96. NRS 271.500 is hereby amended to read as follows:
271.500 1. Bonds issued pursuant hereto shall not be a debt of the municipality, and the municipality shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds [.] , as heretofore provided.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the municipality, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the municipality, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 97. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as section 98 of this act.
Sec. 98. Any municipality creating an improvement district in connection with any project and defraying the cost thereof wholly or in part by the levy and collection of assessments against assessable property in the district pursuant to any special charter, special act or other law other than the Consolidated Local Improvements Law may issue interim warrants and bonds and provide for their payment as herein provided.
Sec. 99. NRS 271.520 is hereby amended to read as follows:
271.520 Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 100. Section 30 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, as amended by chapter 526, Statutes of Nevada 1967, at page 1516, is hereby amended to read as follows:
Section 30. The [said] board of supervisors shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
κ1969 Statutes of Nevada, Page 1615 (CHAPTER 681, SB 152)κ
act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money for corporate purposes, including the acquisition of a public utility, after the issuance of a proclamation setting forth the amount, terms, maximum rate of interest and duration of the proposed indebtedness, the fund from which it is to be paid, and in the case of a public utility the estimated cost as shown by an expert appraisal. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by the board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice. [The form, sale and redemption of the bonds shall comply with the provisions of NRS 350.080 to 350.190, inclusive, including any amendments thereto by the 53rd Session of the legislature of the State of Nevada, which are hereby adopted by reference.] Subject to the provisions of this subsection, the board of supervisors, as it may determine from time to time, on the behalf and in the name of the city, may borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other city securities and in connection with such corporate purpose for which the securities are issued, the board otherwise may proceed as provided in the Local Government Securities Law, as from time to time amended.
6. The board may secure the payment of any general obligation bonds of the city by [making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.
κ1969 Statutes of Nevada, Page 1616 (CHAPTER 681, SB 152)κ
of the city by [making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.
6. To issue refunding bonds in the manner provided by NRS 350.241 to 350.247, inclusive, which are hereby adopted by reference.] pledging gross or net revenues as may be derived from any income-producing facilities of the city or any excise taxes levied for revenue, as may be legally made available for the payment of such bonds.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
κ1969 Statutes of Nevada, Page 1617 (CHAPTER 681, SB 152)κ
meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horse-shoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid.
κ1969 Statutes of Nevada, Page 1618 (CHAPTER 681, SB 152)κ
tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses, and to fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.
12. To lay out, establish, open, alter, widen, extend, narrow and vacate, either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing or in any other way improve the same, and by ordinance, resolution or other require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire and repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through such sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in such premises may be refused unless such charge and fee is paid.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The board of supervisors shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles.
κ1969 Statutes of Nevada, Page 1619 (CHAPTER 681, SB 152)κ
for the purpose of establishing off-street public parking facilities for vehicles. The board of supervisors may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the board of supervisors may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
20.5. To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, wrecked, dismantled or discarded vehicles or vehicle bodies and machinery, dead animals and any offensive matter from public or private property by contract or otherwise. To regulate the collection, removal, hauling, conveying, transporting, disposal or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants and employees. To fix, impose and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting and disposal is made.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.
28. To regulate the ringing of bells, blowing of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
κ1969 Statutes of Nevada, Page 1620 (CHAPTER 681, SB 152)κ
orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, street car tracks, and connecting and terminal tracks.
31. To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracts to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.
37. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the street or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
κ1969 Statutes of Nevada, Page 1621 (CHAPTER 681, SB 152)κ
and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the street or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
43.5. To construct, within or without the city limits, works designed to protect the city from floods; to acquire by purchase or condemnation any property or water right necessary or appropriate for such purpose; and to enact all ordinances and regulations necessary to carry the power conferred in this subsection into effect.
44. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by venders.
κ1969 Statutes of Nevada, Page 1622 (CHAPTER 681, SB 152)κ
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
52.5. To require by ordinance the owners of real property to remove therefrom insecure or unsafe buildings, walls, chimneys, stacks or other structures, also all filth, garbage, offal, ashes, shavings, weeds, grass, leaves, manure, papers, boards, partially burned structures, debris resulting from fires, wrecked, dismantled or discarded vehicles and machinery and the bodies, parts and pieces of wrecked, dismantled or discarded vehicles and machinery, and all dangerous, nauseous, inflammable and unhealthful matter, to fill unenclosed or dangerous excavations and to drain all cesspools and standing water, within such times as may be provided in such ordinance. In the event of the failure of any property owner to comply with the provisions of such ordinance, the city may perform or cause to be performed the work required by the ordinance, at the expense of such owner, and the city shall have a lien therefor upon the property chargeable therewith until paid, and, if the board of supervisors so directs, the assessor shall levy the cost of such work as fixed by the board of supervisors as a tax against such property and the same shall be included in the next assessment roll thereafter made and be enforced and collected in the same manner and at the same time as other taxes. The board of supervisors may, however, foreclose such lien by appropriate legal proceedings, or may collect the cost of such work from the owner of the property or other person or persons liable therefor through a civil action, or may pursue any other remedy authorized by law or the ordinances of the city.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1969 Statutes of Nevada, Page 1623 (CHAPTER 681, SB 152)κ
for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63.5. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zones, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction, and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said board of supervisors if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62, and 63 of said section 30 of chapter 2 of said act; provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
κ1969 Statutes of Nevada, Page 1624 (CHAPTER 681, SB 152)κ
resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam-generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large in the city of poultry, hogs, horses, mules, cattle, swine, sheep, goats, dogs and other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasurer to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
κ1969 Statutes of Nevada, Page 1625 (CHAPTER 681, SB 152)κ
officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.
74. To regulate and prohibit the carrying of concealed weapons.
75. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
76. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
77. To provide for and regulate the numbering of houses and lots.
78. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose except as otherwise provided in subsection 5.
79. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
80. To acquire, develop, enlarge, improve and equip a public airport. This grant of power is in addition to and not in lieu of any other grant of power in this respect by any general or special law, including without limitation chapter 218, Statutes of Nevada 1963.
81. To condemn any property, real or personal, necessary or required for the public use of the city, in the manner prescribed by general law. All rights of eminent domain may be exercised by the city in relation thereto, including, but not limited to, the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Elko, the State of Nevada, or any of its political subdivisions, the Federal Government or any agency or instrumentality thereof, corporate or otherwise, beyond the corporate limits for water facilities, pumping plants, waterlines, water-distribution systems, sewer plants, sewer effluent, sewage disposal lines, water drainage, storage and control facilities and systems and appurtenances thereto.
κ1969 Statutes of Nevada, Page 1626 (CHAPTER 681, SB 152)κ
thereto, including, but not limited to, the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Elko, the State of Nevada, or any of its political subdivisions, the Federal Government or any agency or instrumentality thereof, corporate or otherwise, beyond the corporate limits for water facilities, pumping plants, waterlines, water-distribution systems, sewer plants, sewer effluent, sewage disposal lines, water drainage, storage and control facilities and systems and appurtenances thereto.
82. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
83. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of supervisors to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of supervisors, his ratable proportion of the cost of paving, grading or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof.
84. To regulate and control the construction and maintenance of any tubes, pipes or pipelines, conduits, ditches, signal bells, warning signs, cables, wires and other electrical, telegraph and mechanical appliances in, along, over, under and across the streets, alleys and public places; but no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
85. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the city or within 1 mile outside of the city limits.
86. To require the construction and repair of sidewalks, curbs and gutters by the owners of abutting lots, and to construct and repair the same at city expense. If the expense thereof is paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected, and the lien shall be completed by the filing of a statement of the cost thereof with a description of the property in the office of the county recorder of Elko County, Nevada.
87. To adopt and enforce by ordinance all such regulations, in case no express provision is made, in this charter, as the board of supervisors may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every and all acts and things necessary or required for the execution of the powers conferred or which may be necessary fully to carry out the purpose or intent thereof.
κ1969 Statutes of Nevada, Page 1627 (CHAPTER 681, SB 152)κ
required for the execution of the powers conferred or which may be necessary fully to carry out the purpose or intent thereof.
Sec. 101. Section 50 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1126, is hereby amended to read as follows:
Section 50. City Taxes. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding three (3) per cent upon the assessed value of all real estate, and personal property within the city made taxable by law, except as otherwise provided in [NRS 350.250; and the] the Local Government Securities Law, as from time to time amended. The tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient, and economical collecting of the city revenue.
Sec. 102. Section 131 of Article XIX of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, at page 476, is hereby amended to read as follows:
Section 131. Sale of securities; discounts, commissions prohibited.
1. The council is authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS [350.120 to 350.160,] 350.616 to 350.626, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery.
2. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly; but the council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
Sec. 103. Section 228 of Article XX of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, at page 503, is hereby amended to read as follows:
Section 228. Deficiency in bond fund.
1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any proceeds of taxes in the general fund of the city [.] , which are otherwise legally available therefor.
2. If the general fund is insufficient to pay any such deficiency promptly, the council shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any charter or other statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
κ1969 Statutes of Nevada, Page 1628 (CHAPTER 681, SB 152)κ
(ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any charter or other statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS [350.250] 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 104. Section 229 of Article XX of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, at page 503, is hereby amended to read as follows:
Section 229. Citys liability on bonds.
1. Bonds issued pursuant hereto shall not be a debt of the city, and the city shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds [.] , as heretofore provided.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 105. Section 233 of Article XX of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, at page 505, is hereby amended to read as follows:
Section 233. Tax exemptions. Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 106. Section 97 of chapter III of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1262, is hereby amended to read as follows:
Section 97. Deficiency in Bond Fund. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the city [.] , regardless of source, which are otherwise legally available therefor.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the city council shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any charter or other statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
κ1969 Statutes of Nevada, Page 1629 (CHAPTER 681, SB 152)κ
other statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS [350.250, as from time to time amended,] 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 107. Section 98 of chapter III of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1262, is hereby amended to read as follows:
Section 98. Citys Liability on Bonds. 1. Bonds issued pursuant hereto shall not be a debt of the city, and the city shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds [.] , as heretofore provided.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 108. Section 102 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 1264, is hereby amended to read as follows:
Section 102. Tax Exemptions. Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 109. Section 10.30 of Article XII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 410, and amended by chapter 317, Statutes of Nevada 1953, at page 542, is hereby amended to read as follows:
Section 10.30. Bonds for the purpose of paying the cost of improvements for which special assessments are levied may be issued by the city in accordance with [, An act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied, approved March 13, 1909,] the Consolidated Local Improvements Law, as the same has been or may hereafter be amended from time to time; provided, however, that property owners shall have the right to pay all or any part of the assessments within the [50-day] 30-day period specified in said legislative act; and further provided, that such improvement bonds may be issued for any purpose for which a special assessment can be levied herein, and the purposes for which such bonds may be issued shall not be limited to the purposes for which special assessments can be levied under the terms of said act.
κ1969 Statutes of Nevada, Page 1630 (CHAPTER 681, SB 152)κ
[50-day] 30-day period specified in said legislative act; and further provided, that such improvement bonds may be issued for any purpose for which a special assessment can be levied herein, and the purposes for which such bonds may be issued shall not be limited to the purposes for which special assessments can be levied under the terms of said act. Such bonds shall be payable out of the fund created by special assessment, but if such fund be insufficient to pay said bonds as they become due, the deficiency shall be paid out of the general fund of the city, and every improvement bond created by the city shall contain such a provision. In the event of any deficiency in the general fund it shall be mandatory for the city council to levy taxes in accordance with the provisions of this act, and particularly article XII, section 10.5 hereof, in order to provide funds to immediately pay said bonds. No election shall be necessary to issue such improvement bonds irrespective of the fact that said bonds are also payable out of the general fund of the city. Notwithstanding the 1969 amendments to this section, bonds may be issued as provided by this section prior to such amendments with respect to any special assessment proceedings initiated prior to the effective date of such amendments and notwithstanding the repeal of NRS 350.260 to 350.340, inclusive, by the act making such amendments.
Sec. 110. Section 20.94 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 737, is hereby amended to read as follows:
Section 20.94. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the city [.] , regardless of source, which are otherwise legally available therefor.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the city council shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any charter or other statutory tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS [350.250, as from time to time amended,] 350.600 for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 111. Section 20.95 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 737, is hereby amended to read as follows:
Section 20.95. 1. Bonds issued pursuant hereto shall not be a debt of the city, and the city shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds [.]
κ1969 Statutes of Nevada, Page 1631 (CHAPTER 681, SB 152)κ
not be payable out of any funds other than assessments, the general fund and general tax proceeds [.] , as heretofore provided.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 112. Section 20.99 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 739, is hereby amended to read as follows:
Section 20.99. Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 113. Section 43 of chapter II of the charter of the City of Wells, being chapter 159, Statutes of Nevada 1967, at page 299, is hereby amended to read as follows:
Section 43. Finances and property: Power of council. The board of councilmen have power:
1. To control the finances and property of the corporation.
2. To appropriate money for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
3. To borrow money for corporate purposes, including the acquisition of a public utility, after the issuance of a proclamation setting forth the amount, terms, maximum rate of interest and duration of the proposed indebtedness, the fund from which it is to be paid, and in the case of a public utility the estimated cost as shown by an expert appraisal. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city, if any there be, and otherwise in some newspaper published in the county and having a general circulation in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.
κ1969 Statutes of Nevada, Page 1632 (CHAPTER 681, SB 152)κ
held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid:
(a) If passed by the board in the absence of the filing of a petition and election; or
(b) If such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance.
The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice. [The form, sale and redemption of the bonds shall comply with the provisions of NRS 350.080 to 350.190, inclusive, including any amendments thereto by the 54th session of the legislature of the State of Nevada, which are hereby adopted by reference.] Subject to the provisions of this subsection, the board of councilmen, as it may determine from time to time, on the behalf of and in the name of the city, may borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other city securities and in connection with such corporate purpose for which the securities are issued, the board otherwise may proceed as provided in the Local Government Securities Law, as from time to time amended.
4. The board may secure the payment of any general obligation bonds of the city by [making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.
4. To issue refunding bonds in the manner provided by NRS 350.241 to 350.247, inclusive, which are hereby adopted by reference.] pledging gross or net revenues as may be derived from any income producing facilities of the city or any excise taxes levied for revenue, as may be legally made available for the payment of such bonds.
5. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do.
6. To erect, lease, acquire, and maintain all buildings needed for the use of the city.
Sec. 114. Section 76 of chapter II of the charter of the City of Wells, being chapter 159, Statutes of Nevada 1967, at page 313, is hereby amended to read as follows:
Section 76. City taxes. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real estate and personal property within the city made taxable by law [.] , except as otherwise provided in the Local Government Securities Law, as from time to time amended. The tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be applicable and so held to the levying, assessing and collecting of the city taxes. In the manner of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
κ1969 Statutes of Nevada, Page 1633 (CHAPTER 681, SB 152)κ
and county. Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state for the prompt, convenient and economical collecting of the city revenue.
Sec. 115. NRS 309.337 is hereby amended to read as follows:
309.337 The provisions of [NRS 350.120 to 350.130, inclusive, NRS 350.150 to 350.170, inclusive, and NRS 350.250, concerning bonds issued by counties, cities, towns and other municipal corporations] the Local Government Securities Law, as from time to time amended, including without limitation NRS 350.600, shall be applicable to any general obligation bond issue under NRS 309.332 to 309.339, inclusive, but in the event of conflict the provisions of NRS 309.332 to 309.339, inclusive, shall be controlling.
Sec. 116. NRS 473.060 is hereby amended to read as follows:
473.060 1. The board of directors is empowered to prepare, issue and sell negotiable coupon bonds not exceeding $50,000 in amount, exclusive of interest, for the purpose of providing funds for the purchase of firefighting equipment and other necessary facilities for use in the respective fire protection districts eligible for federal aid under the Clarke-McNary Act.
2. The board of directors shall proceed with an election to carry out the purpose of this section in accordance with the provisions of NRS 350.010 to [350.200,] 350.070, inclusive.
3. The bonds shall be prepared and issued under the provisions of NRS 474.220 to 474.310, inclusive.
Sec. 117. NRS 474.230 is hereby amended to read as follows:
474.230 The board of directors of a county fire protection district availing itself of the provisions of NRS 474.220 to 474.310, inclusive, shall proceed with an election to carry out the purposes of NRS 474.220 to 474.310, inclusive, in accordance with the provisions of NRS 350.010 to [350.200,] 350.070, inclusive.
Sec. 118. (Deleted by amendment.)
Sec. 119. NRS 543.690 is hereby amended to read as follows:
543.690 1. Upon the conditions and under the circumstances set forth in NRS 543.160 to 543.840, inclusive, a district may: [borrow money and issue the following securities to evidence such borrowing:
1. Short-term notes.
2. General obligation bonds.]
(a) Borrow money and issue the following securities to evidence such borrowing, subject to the provisions of NRS 543.720 to 543.760, inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
(4) Temporary bonds;
(5) Interim debentures; and
(b) Make another type contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board, as it may determine from time to time, may, on the behalf and in the name of the district, issue such securities, and in connection with any undertaking or facilities authorized in the Flood Control District Law, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
κ1969 Statutes of Nevada, Page 1634 (CHAPTER 681, SB 152)κ
determine from time to time, may, on the behalf and in the name of the district, issue such securities, and in connection with any undertaking or facilities authorized in the Flood Control District Law, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 120. NRS 543.760 is hereby amended to read as follows:
543.760 The provisions of NRS 543.710 to 543.760, inclusive, are hereby declared to be implementary to the provisions of NRS [350.080 to 350.200, inclusive, and NRS 350.250, concerning bonds issued by counties, cities, towns and other municipal corporations,] 350.500 to 350.720, inclusive, concerning bonds issued by political subdivisions of the state, and those provisions are applicable to any bond issue under NRS 543.710 to 543.760, inclusive, but in the event of conflict the provisions of NRS 543.710 to 543.760, inclusive, shall be controlling.
Sec. 121. 1. The purpose of the legislature in the adoption of this act is to repeal redundant laws, to standardize the forms of other laws, to clarify certain laws and to eliminate certain possible ambiguities, without necessarily changing the powers of this state or any political subdivision thereof by this act.
2. Acts or proceedings partially taken pursuant to laws repealed or materially amended by this act may be completed under such laws as amended or under other laws of this state so long as such laws remaining after the effective date of this act constitute a continuing grant of power in connection with such acts or proceedings.
Sec. 122. This act shall not impair or affect any act done or right accruing, accrued or acquired, or liability, penalty or forfeiture incurred prior to the time this act takes effect, but the same may be enjoyed, asserted, enforced or inflicted, as fully and to the same extent as if this act had not been passed.
Sec. 123. 1. NRS 244.445 to 244.555, inclusive, 244.580, 244.585, 244.595, 244.600 to 244.610, inclusive, 244.620, 244.630, 244.635, 244.715, 244.730 to 244.740, inclusive, 244.745, 244.755 to 244.770, inclusive, 244.808 to 244.813, inclusive, 266.650, 266.655, 266.665 to 266.770, inclusive, 269.430 to 269.465, inclusive, 350.080 to 350.200, inclusive, 350.210 to 350.240, inclusive, 350.241 to 350.247, inclusive, 350.250, 350.260 to 350.340, inclusive, 350.390, 350.410 to 350.480, inclusive, 373.170, 373.180, 373.191 to 373.1991, inclusive, 373.210, 373.220, 387.415 to 387.465, inclusive, 387.480 to 387.505, inclusive, 387.610 to 387.660, inclusive, 387.675 to 387.700, inclusive, 387.725 to 387.735, inclusive, 450.320 to 450.350, inclusive, 543.770, 543.780, 710.230 to 710.250, inclusive, 710.330 to 710.380, inclusive, 710.460 to 710.530, inclusive, and 710.560 are hereby repealed; provided, however, that notwithstanding such repeal of NRS 350.260 to 350.340, inclusive, the right of any city to issue bonds at any time pursuant to such sections, as they now provide, shall not be affected, and is hereby reserved with respect to any special assessment proceedings initiated prior to the effective date of this act.
2. Section 1 of chapter 436, Statutes of Nevada 1969, is hereby repealed.
3. Section 14 of Assembly Bill 763 of the 55th session of the Nevada legislature is hereby repealed.
κ1969 Statutes of Nevada, Page 1635 (CHAPTER 681, SB 152)κ
Sec. 124. 1. Except as otherwise provided in subsection 2, this act shall become effective upon passage and approval, or 1 day after the effective date of Senate Bill No. 354, whichever is later.
2. If Senate Bill No. 354 has not become law prior to the date specified in this subsection, this act shall become effective at midnight following the 11th day (Sundays excepted) after the final adjournment of the 55th session of the legislature.
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Senate Bill No. 495Senator Slattery
CHAPTER 682
AN ACT relating to historic districts; creating the Virginia City historic district commission; providing for the organization of such commission and its powers and duties; providing penalties; and providing other matters properly relating thereto.
[Approved May 4, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 33 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. This chapter shall be known and may be cited as the Virginia City Historic District Act.
Sec. 3. It is hereby declared to be the public policy of the State of Nevada to promote the educational, cultural, economic and general welfare and the safety of the public through the preservation and protection of structures, sites and areas of historic interest and scenic beauty, through the maintenance of such landmarks in the history of architecture, and the history of the district, state and nation, and through the development of appropriate settings for such structures, sites and district.
Sec. 4. As used in this chapter:
1. Commission means the Virginia City historic district commission.
2. Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.
3. Historic district means an area within which structures and places of historical interest are under the protection of the commission.
4. Structure means any building for whatever purpose constructed or used, stone wall, fence, light fixture, step, paving, advertising sign, bill poster and any fixture appurtenant thereto, but does not include structures or signs of a temporary nature such as those erected for celebrations or parades.
Sec. 5. 1. There is hereby created the Virginia City historic district commission, which shall consist of nine members to be appointed by the governor.
κ1969 Statutes of Nevada, Page 1636 (CHAPTER 682, SB 495)κ
2. Of the first board appointed, four commissioners shall be appointed for terms of 2 years and five commissioners shall be appointed for terms of 4 years.
3. Thereafter the terms of all members shall be 4 years.
Sec. 6. 1. One commissioner shall be a member of the board of trustees of the Nevada state museum, one commissioner shall be a member of the board of trustees of the Nevada historical society, one commissioner shall be a person licensed to practice architecture in this state, and two commissioners shall be residents of the district.
2. The other four commissioners shall be persons interested in the protection and preservation of structures, sites and areas of historic interest and shall be residents of this state.
3. Subject to the qualifications contained in this section, vacancies in the membership of the commission shall be filled by appointment by the governor for the unexpired term. Each commissioner shall continue in office after the expiration of his term until his successor is duly appointed and qualified.
4. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are duly elected and qualified.
Sec. 7. 1. Meetings of the commission shall be held at such times and places as the chairman or a majority of the commissioners may designate, or as shall be established by the regulations adopted by the commission.
2. Five members of the commission shall constitute a quorum for all purposes and the affirmative vote of a majority of the members present shall be necessary for the adoption or promulgation of any regulation or order of the commission.
Sec. 8. (Deleted by amendment.)
Sec. 9. (Deleted by amendment.)
Sec. 10. 1. The commission may establish and maintain an office in which there shall be at all times open to public inspection a complete record of applications for certificates of appropriateness and their disposition, minutes of the commissions meetings, and any regulations adopted by the commission.
2. The commission shall maintain a library in the office for the purpose of guiding applicants in their design or embellishment of the exterior of their buildings, new or remodeled. The library shall consist of, but not be limited to, documents, paintings, photographs, drawings and histories descriptive of the period which are deemed appropriate guidelines to the applicant. A card index system shall also be made and maintained for reference to more comprehensive information in libraries other than the one maintained by the commission.
Sec. 11. The commission is vested with all of the functions and powers relating to the administration of this chapter.
Sec. 12. The commission may appoint such committees and make such reasonable regulations as are necessary to carry out the provisions of this chapter.
Sec. 13. 1. The commission may establish an historic district in the following described area within which historic structures, sites and railroads relating to the Comstock lode and its history are or were located:
κ1969 Statutes of Nevada, Page 1637 (CHAPTER 682, SB 495)κ
(a) All of section 29, T. 17 N., R. 21 E., except the E 1/2 SE 1/4 and the SW 1/4 SE 1/4; and
(b) The SW 1/4 NW 1/4 and the NW 1/4 SW 1/4 of section 32, T. 17 N., R. 21 E.
All township and range references are to Mount Diablo Base and Meridian. The total area is 600 acres, more or less.
2. Before establishing any such district, the commission shall hold a public hearing after giving notice of the time and place of such hearing in a newspaper of general circulation in each county a portion of which is located within the proposed district.
3. Such notice shall be published once a week for 3 consecutive weeks and shall include the purpose of the hearing and the boundaries of the proposed district.
4. At such hearing any person may appear in support of or in opposition to the establishment of such district.
5. Within 15 days after the hearing the commission shall:
(a) Establish an historic district and fix its boundaries; or
(b) Determine not to establish an historic district.
6. If an historic district is established, notice thereof shall be given by one publication in a newspaper of general circulation in each county a portion of which is located within the district.
7. The commission may alter or change the boundaries of the district by following the same procedure as provided in this section for the establishment of a district.
Sec. 14. 1. No structure shall be erected, reconstructed, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the commission. The application for a certificate of appropriateness shall be in such form and accompanied by such plans, specifications and other material as the commission may from time to time prescribe.
2. In its deliberations under the provisions of this chapter, the commission shall not consider interior arrangement or use, and shall take no action under this chapter except for the purpose of preventing the erection, reconstruction, restoration, alteration, moving or razing of buildings in the district obviously incongruous with the historic aspects of the district.
3. Nothing in this chapter shall be construed to prevent:
(a) The ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change of design or material or the outward appearance thereof;
(b) The construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar authority certifies is required by the public safety because of an unsafe or dangerous condition; or
(c) The construction, reconstruction, alteration or demolition of any such feature under a permit issued by a building inspector or similar authority prior to the effective date of the establishment of such district.
Sec. 15. 1. The commission shall hold a public hearing upon each application for a certificate of appropriateness unless waived in writing by all persons entitled to notice thereof as provided in this section.
κ1969 Statutes of Nevada, Page 1638 (CHAPTER 682, SB 495)κ
2. Within 30 days after the filing of an application for a certificate of appropriateness, Saturdays, Sundays and legal holidays excluded, the commission shall determine the estates and property deemed by it to be materially affected by such application and, unless a public hearing on such application is waived by all persons entitled to notice, shall forthwith cause notice of such application and of the hearing to be held thereon to be given by regular mail, postage prepaid, to the applicant, to the owners of all such estates or property as they appear on the most recent tax list, and to any person who has filed a written request for notice of hearings during the preceding calendar year. The notices shall be mailed at least 10 days prior to the date set for the hearing.
3. The commission may, if it determines the matter to be of sufficient public interest, give an additional notice of the time and place of the hearing by publication in the form of a legal advertisement in a newspaper having a substantial circulation in the district at least 7 days before such hearing.
Sec. 16. As soon as practicable after such public hearing, or the waiver thereof, but not more than 60 days, Saturdays, Sundays and legal holidays excluded, after the filing of the application for the certificate of appropriateness, or within such further time as the applicant may in writing allow, the commission shall determine:
1. That the proposed erection, construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate to the preservation of the historic district for the purposes of this chapter;
2. That, even though the proposed project may be inappropriate, failure to issue a certificate would involve a substantial hardship to the applicant because of conditions especially affecting the structure involved, but not affecting the historic district generally, and that a certificate could be issued without substantial detriment to the public welfare or the purposes of this chapter; or
3. That the proposed project is inappropriate.
Sec. 17. 1. In passing upon appropriateness, the commission shall consider, in addition to any other pertinent factors:
(a) Historic and architectural value and significance;
(b) Architectural style;
(c) Location on the lot;
(d) Position of the structure in relation to the street or public way and whether it is subject to public view from a public place;
(e) General design, arrangement, texture, material, color and size of the exterior architectural features involved and the relationship thereof to the exterior architectural features of other structures in the immediate neighborhood; and
(f) The relationship of the exterior architectural features to well recognized styles of early western architecture of the late 19th and early 20th centuries.
2. A certificate of appropriateness may be refused for any structure the erection, reconstruction, restoration, alteration, moving or razing of which, in the opinion of the commission, would be detrimental to the interest of the historic district or incongruous with the historic aspects of the surroundings and the historic environment of the district.
κ1969 Statutes of Nevada, Page 1639 (CHAPTER 682, SB 495)κ
Sec. 18. 1. If the commission determines that the proposed construction, reconstruction, restoration, alteration, moving or razing of the exterior architectural feature involved will be appropriate, or, although inappropriate, that failure to issue a certificate would result in hardship as provided in subsection 2 of section 16 of this act, or if the commission fails to make a determination within the time prescribed in section 16 of this act, the commission shall immediately issue to the applicant a certificate of appropriateness.
2. In exercising the power to vary or modify strict adherence to the provisions of this chapter, or to interpret the meaning of this chapter so as to relieve hardship under the provisions of subsection 2 of section 16 of this act, the commission shall require any variance, modification or interpretation to be in harmony with the general purpose and intent of this chapter so that the general historical character of the district shall be conserved and substantial justice done. In allowing variations, the commission may impose such reasonable and additional conditions as will, in its judgment, better fulfill the purposes of this chapter.
3. If the commission determines that a certificate of appropriateness should not issue, it shall immediately set forth in its records the reasons for such determination, and may include recommendations respecting the proposed erection, construction, restoration, alteration, moving or razing, and shall immediately notify the applicant of such determination by transmitting to him an attested copy of the reasons and recommendations, if any, as set forth in the records of the commission.
Sec. 18.5. 1. The commission shall issue a certificate of appropriateness without a hearing to the owner of any valid mining claim upon application by such owner for the removal of any structure in the historic district which is constructed on such mining claim if:
(a) Such applicant is prepared within a reasonable time to begin production of such mine or to use such property for valid mining purposes; and
(b) Such structure will interfere with such production or use.
2. Cost of moving a structure pursuant to this section shall be paid by the owner thereof to a site approved and provided by the commission within the historic district. If the commission does not provide a site for such structure within a reasonable time such structure may be demolished upon 5 days written notice of the commission.
Sec. 19. 1. The commission may accept gifts, donations, devises or bequests of real or personal property for the purpose of enabling it to carry out a program of historic preservation and restoration within the district, and it may expend the same for such purposes. The commission may sell, or lease for periods not to exceed 20 years, real or personal property for use within the district which it may acquire.
2. The commission shall have no power of eminent domain.
Sec. 20. The commission may recommend:
1. To the state and to political subdivisions within the district appropriate measures to implement, supplement, foster and promote the purposes of this chapter.
2. To any political subdivision within the district appropriate zoning and traffic regulations, including but not limited to designating mobile home and trailer sites, parking, modes of public transportation, ingress and egress to public streets and alleys, and closing of such streets or alleys or restriction of vehicular traffic thereon in order to effectuate the purposes of this chapter, such as restoration of historic modes of travel and safety of pedestrians.
κ1969 Statutes of Nevada, Page 1640 (CHAPTER 682, SB 495)κ
and egress to public streets and alleys, and closing of such streets or alleys or restriction of vehicular traffic thereon in order to effectuate the purposes of this chapter, such as restoration of historic modes of travel and safety of pedestrians.
Sec. 21. Any county or municipal building inspector within the district may investigate, inspect and examine any structure, place or area in the district, either in connection with an application for a certificate of appropriateness, or at any time to determine whether the same is in violation of any provision of this chapter or any regulation or order made under authority of this chapter.
Sec. 22. The district court of the county in which any property subject to the provisions of this chapter is located shall have jurisdiction to enforce the provisions of this chapter and any regulations or orders adopted or issued pursuant to the provisions of this chapter, and may restrain by injunction violations thereof.
Sec. 23. 1. Any person aggrieved by a determination of the commission may, within 30 days after the making of such determination, appeal to the district court of the county where the property in question is located.
2. The court may reverse the determination of the commission if it finds that the reasons given for such determination are unsupported by the evidence or contrary to law. The proceeding in the district court shall be limited to the record made before the commission.
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