[Rev. 2/28/2019 11:34:37 AM]
κ1971 Statutes of Nevada, Page 721 (CHAPTER 383, SB 266)κ
states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the registration period in such detail as the department may require.
(b) Be accompanied by a fee, unless the department is satisfied that such fee is secured, to be computed as follows:
(1) Divide the number of in-state miles by the total number of fleet miles;
(2) Determine the total amount necessary, whether for fees or taxes, to register all vehicles in the fleet for which registration is requested;
(3) Multiply the amount determined under subparagraph (2) by the fraction obtained under subparagraph (1); and
(4) To the product obtained under subparagraph (3), add a service charge of $2 for each vehicle listed in the application.
Sec. 147. Upon the payment of all fees required under sections 138 to 150, inclusive, of this act and the laws of this state in order to register the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of such vehicles, the department of motor vehicles shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law, except that such vehicles shall not be so registered unless they are registered and have paid fees pursuant to law in some other state which has adopted the plan or with which this state has reciprocity.
Sec. 148. If any vehicle in a fleet is first registered after the final date for the annual payment of fees under the laws of this state as they exist without sections 138 to 150, inclusive, of this act, such vehicles shall pay fees in the amount provided by law for the then registration of the vehicle, in the manner provided in section 146 of this act, and such vehicle shall after registration be treated for all purposes as otherwise provided for vehicles of a fleet.
Sec. 149. 1. The owner or operator of a vehicle coming within the provisions of the Interstate Highway User Fee Apportionment Act may, in lieu of registering such vehicle pursuant to the provisions of sections 145 to 148, inclusive, of this act, apply for and obtain a 48-hour temporary registration upon payment of a fee of $2.50, which fee shall be in lieu of all other fees and service charges due pursuant to the provisions of section 138 to 150, inclusive, of this act.
2. A 48-hour temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person exercising this option shall purchase the license at the first available vendor upon entry into the State of Nevada. Owners or operators of a vehicle obtaining a 48-hour temporary registration from a vendor shall be considered as having elected this option for this vehicle by virtue of the purchase. Any trip made for which a 48-hour temporary registration was not purchased shall be billed for such 48-hour temporary registration on an audit unless the vehicles have since been licensed during the current registration period under sections 145 to 148, inclusive, of this act.
4. Every person electing to pay fees on a 48-hour temporary registration basis shall keep a written record of every trip made into or through this state and each 48-hour temporary registration so purchased, which record shall be open to inspection by any agent or employee of the commission or the department.
κ1971 Statutes of Nevada, Page 722 (CHAPTER 383, SB 266)κ
which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department shall allow credit for the period for which such licenses were purchased provided the applicant applies and prorates his vehicle registration within 60 days after the purchase of the first such license within a licensing year.
6. The provisions of this section do not apply to interchange trailers if such interchange trailers are entitled to operate without payment of additional fees according to the rules and regulations of the department.
Sec. 150. Mileage proportions for a fleet not registered in this state as a fleet during the preceding year will be determined by the department with which the vehicle is registered upon the application of the applicant on forms to be supplied by the department, which will show the operations of the fleet during the preceding year in such detail as the department may require and the estimated operation in this state in the current year; or, if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.
Sec. 151. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person:
(a) To throw any stone, rock, missile or any substance at any motorbus, truck or other motor vehicle; or
(b) To discharge any gun, pistol or any other firearm at any motorbus, truck or other motor vehicle; or
(c) Wrongfully to injure, deface or damage any motorbus, truck or other motor vehicle, or any part thereof.
2. Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged and in no event less than a misdemeanor.
Sec. 152. NRS 268.097 is hereby amended to read as follows:
268.097 1. Notwithstanding the provisions of any local, special or general law, after July 1, 1963, the governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, shall have no power or authority to supervise or regulate any taxicab motor carrier as defined in [NRS 706.120] section 25 of this act who is under the supervision and regulation of the public service commission of Nevada pursuant to law.
2. Nothing contained in subsection 1 shall be construed to prohibit the governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, from fixing, imposing and collecting a license tax on and from such taxicab motor carrier for revenue purposes only.
Sec. 153. NRS 371.085 is hereby amended to read as follows:
371.085 Interstate motor carriers who register under the Interstate Highway User Fee Apportionment Act may prorate their vehicle privilege tax by the same percentages as those set out in subsection 2 of [NRS 706.810.] section 146 of this act.
κ1971 Statutes of Nevada, Page 723 (CHAPTER 383, SB 266)κ
Sec. 154. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever any vehicle shall be operated upon the public highways of this state without there having been paid therefor the registration or transfer fee required by this chapter, such fee shall be deemed delinquent; but in the case of vehicles purchased at a time when it is impossible to secure registration, registered dealers shall be empowered to affix a temporary permit, on a form to be provided by the department, attesting to such fact, which shall protect the purchaser of the vehicle for a period not to exceed 5 days from the date of purchase, which date must be legibly affixed to the permit.
2. If such registration fee shall not be paid within 30 days after the same becomes delinquent, a penalty of $3 shall be added thereto. If such delinquency continues, and if the person liable for such fee has knowledge of the delinquency, a penalty of $3 shall be added for each 30 days or major fraction thereof during which the delinquency continues. The provisions of this section do not apply to vehicles which come within the provisions of [NRS 706.730 to 706.860, inclusive.] sections 138 to 150, inclusive, of this act.
Sec. 155. NRS 484.739 is hereby amended to read as follows:
484.739 1. No bus or motortruck shall exceed a length of 40 feet.
2. Except as provided in subsection 3, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
3. The department of highways, by rule and regulation, shall provide for the operation of vehicle combinations in excess of 70 feet in length, but in no event exceeding 105 feet. Such rules and regulations shall establish standards for the operation of such vehicles, which standards shall be consistent with their safe operation upon the public highways and shall include, but not be limited to, the following:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles shall not be permitted on highways where, in the opinion of the department of highways, their use would be inconsistent with the public safety due to narrow roadway, excessive grades, extreme curvature or vehicular congestion.
4. Not later than the 3rd Monday of January 1969, the department of highways shall file with the legislature the standards promulgated under this section and shall make such recommendations as they deem appropriate to assist in making legislative determinations as to future operations under this section. Vehicle combinations operated under the provisions of subsection 3 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of highways, carry vehicle loads not to exceed the values set forth in the following formula: W=500 (LN/(N1)+12N+36), wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
κ1971 Statutes of Nevada, Page 724 (CHAPTER 383, SB 266)κ
(c) N equals the number of axles in the group under consideration.
The distance between axles shall be measured to the nearest foot. When a fraction is exactly one-half foot the next largest whole number shall be used. Such permits may be restricted in such manner as the department of highways deems necessary and may, at the option of the department of highways, be canceled without notice. No such permits may be issued for operation on any highway where such operation would prevent the state from receiving federal funds for highway purposes.
5. Upon approving an application for a permit to operate vehicle combinations under the provisions of subsection 4, the department of highways shall withhold issuance of the permit until such time as the applicant has furnished proof of compliance with the provisions of [NRS 706.335.] section 93 of this act.
6. This section does not apply to vehicles used by a public utility for the transportation of poles.
Sec. 156. NRS 704.020 is hereby amended to read as follows:
704.020 1. As used in this chapter, public utility shall mean and embrace:
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
(b) [Any person, partnership, corporation, company or association owning or operating automobiles, auto trucks or other self-propelled vehicles engaged in transporting persons or property for hire over and along the highways of this state as common carriers.
(c)] Express companies, telegraph and telephone companies.
[(d)] (c) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.
[(e)] (d) Radio or broadcasting instrumentalities providing common or contract service and aircraft common and contract carriers.
[(f)] (e) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.
All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such [automobiles, auto trucks or other self-propelled vehicles transporting persons or property for hire over and along the highways of this state as common carriers,] express companies, telegraph and telephone, radio, broadcasting, aircraft companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads.
[(g)] (f) Community antenna television companies.
κ1971 Statutes of Nevada, Page 725 (CHAPTER 383, SB 266)κ
2. Public utility shall also embrace:
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility shall apply to:
(a) The transportation of passengers and property by aircraft common and contract carriers and the transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.
(c) All charges connected therewith, including icing charges and mileage charges.
(d) All railroads, [automobiles, auto trucks, or other self-propelled vehicles,] express companies, car companies, [freight and freight-line companies,] and all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad [or any public highway] within this state.
(e) Any common or contract carrier engaged in the transportation of passengers and property, [wholly by rail, or partly by rail and partly by water, or by air, or property by pipeline.] except common or contract motor carriers subject to the provisions of chapter 706 of NRS.
Sec. 157. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, shall not include:
1. Corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of the State of Nevada.
2. Corporations, companies, individuals or associations of individuals engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission thereof other than as a common carrier transmission or distribution line or system.
3. Corporations, cooperatives, nonprofit corporations or associations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer service to persons within this state if:
κ1971 Statutes of Nevada, Page 726 (CHAPTER 383, SB 266)κ
or receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer service to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales amounted to $15,000 or less during the immediately preceding calendar year.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
Sec. 158. NRS 704.033 is hereby amended to read as follows:
704.033 1. Except as provided in NRS 704.037, the commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission. [, except motor vehicle carriers subject to the provisions of chapter 706 of NRS.]
2. The annual assessment shall be not more than 3 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada during the preceding calendar year, except that the minimum assessment in any 1 year shall be $10. In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities, such revenue shall not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
3. All moneys collected by the commission pursuant to the provisions of NRS 704.033 to 704.039, inclusive, shall be deposited in the state treasury to the credit of the public service commission regulatory fund which is hereby created.
Sec. 159. NRS 704.039 is hereby amended to read as follows:
704.039 Moneys in the public service commission regulatory fund shall be used only to defray the costs of:
1. Maintaining a competent staff and equipment to regulate adequately all public utilities subject to the provisions of NRS 704.033 to 704.039, inclusive.
2. Participating in all rate cases involving such utilities.
3. Investigations, inspections, audits, reports and publication of notices in connection with such regulation and participation.
4. All salaries, travel expenses and subsistence allowances of commission members and staff.
5. Carrying out the provisions of chapter 706 of NRS.
Sec. 160. NRS 704.140 is hereby amended to read as follows:
704.140 1. It shall be unlawful for any person engaged in business as a [common carrier] public utility to give or furnish to any state, district, county or municipal officer of this state, or to any person other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation.
2. This section does not prevent the carriage, storage or hauling of property free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, for charitable purposes.
κ1971 Statutes of Nevada, Page 727 (CHAPTER 383, SB 266)κ
property free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, for charitable purposes.
3. This chapter does not prohibit a [common carrier] public utility from giving free or reduced rates for transportation of:
(a) Its own officers, commission agents, employees, attorneys, physicians and surgeons and members of their families, and pensioned and disabled ex-employees, their minor children or dependents, or witnesses attending any legal investigation in which such carrier is interested.
(b) Inmates of hospitals or charitable institutions.
(c) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(d) Persons providing relief in cases of common disaster, or for contractors and their employees, in carrying out their contract with such carrier.
(e) Peace officers when on official duty.
(f) Attendants of livestock or other property requiring the care of an attendant, including return passage to the place of shipment, if there is no discrimination between such shippers.
(g) Employees of other carriers subject to regulation in any respect by the commission, or for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families.
4. This chapter does not prohibit [common carriers] public utilities from giving reduced rates for transportation to:
(a) Indigent, destitute or homeless persons, when under the care or responsibility of charitable societies, institutions or hospitals, and the necessary agents employed in such transportation.
(b) Students of institutions of learning.
5. Employees, as used in this section, includes furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.
6. Any person violating the provisions of this section shall be punished by a fine of not more than $500.
Sec. 161. NRS 704.270 is hereby amended to read as follows:
704.270 The commission shall have power to require [motor carriers and] aircraft carriers, subject to the provisions of this chapter, to file and keep in force with the commission adequate indemnity bonds or insurance, in such amounts as in the judgment of the commission are just and reasonable, for the protection and reimbursement of passengers and property in case of accident due to defective equipment or otherwise, by neglect of any [motor carrier or] aircraft carrier, its owner, operator, agent or employee.
Sec. 162. NRS 704.330 is hereby amended to read as follows:
704.330 1. Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.
κ1971 Statutes of Nevada, Page 728 (CHAPTER 383, SB 266)κ
necessity requires or will require such continued operation or commencement of operations or construction.
2. [Except as to motor common carriers, nothing] Nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town as long as such extension:
(a) Is to serve a telephone toll station or stations to be located not more than 10 miles from existing telephone facilities; or
(b) Remains within service area boundaries which have been established by the commission for its railroad, line, plant or system, and not then served by a public utility of like character.
3. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.
4. When a complaint has been filed with the commission alleging that any utility is being operated without a certificate of public convenience and necessity as required by this section, or when the commission has reason to believe that any provision of this section is being violated, the commission shall investigate such operations and the commission shall have power, after a hearing, to make its order requiring the owner or operator of such utility to cease and desist from any operation in violation of this section. The commission shall enforce compliance with such order under the powers vested in the commission by law.
5. If any public utility in constructing or extending its line, plant or system interferes or is about to interfere with the operation of the line, plant or system of any other public utility already constructed, the commission, on complaint of the public utility claiming to be injuriously affected, after hearing, may make such order prohibiting such construction or extension, or prescribing such terms and conditions for the location of the lines, plants or systems affected, as to it may seem just and reasonable.
6. Whenever the commission, after a hearing upon its own motion or upon complaint, finds that there is or will be a duplication of service by public utilities in any area, the commission shall, in its discretion, either issue a certificate of public convenience and necessity assigning specific territories to one or to each of such utilities, or, by certificate of public convenience and necessity, otherwise define the conditions of rendering service and construction, extensions within such territories, and shall order the elimination of such duplication, all upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.
Sec. 163. NRS 704.430 is hereby amended to read as follows:
704.430 1. Any person, firm, association or corporation who shall violate any provisions of NRS 704.330 to [704.420,] 704,410, inclusive, shall be punished by a fine of not more than $250.
2. Each days operation without a certificate as provided in NRS 704.330 to [704.420,] 704.410, inclusive, or each day that service is discontinued, modified or restricted, as defined in NRS 704.330 to [704.420,] 704.410, inclusive, shall be considered a separate offense.
κ1971 Statutes of Nevada, Page 729 (CHAPTER 383, SB 266)κ
discontinued, modified or restricted, as defined in NRS 704.330 to [704.420,] 704.410, inclusive, shall be considered a separate offense.
Sec. 164. NRS 706.8827 is hereby amended to read as follows:
706.8827 A person shall not engage in the taxicab business unless he:
1. Holds a certificate of public convenience and necessity from the public service commission of Nevada issued prior to July 1, 1969, which has not been revoked or suspended by the taxicab authority; or
2. Obtains a certificate of public convenience and necessity from the taxicab authority as provided in [NRS 706.390 to 706.430, inclusive.] sections 71 to 73, inclusive, and section 75 of this act.
Sec. 165. NRS 704.420 and 706.010 to 706.870, inclusive, are hereby repealed.
Sec. 166. Any act or part of an act passed by the 56th session of the legislature of the State of Nevada which relates to the transportation of persons or property for compensation and which, in the opinion of the legislative counsel, should be placed in chapter 706 of NRS, as amended by the 56th session of the legislature of the State of Nevada, shall be placed by him in such chapter, in its proper position and with the proper terminology.
________
Assembly Bill No. 254Messrs. Ashworth, Branch, Mrs. Brookman, Messrs. Byran, Capurro, Dini, Dreyer, Miss Foote, Mrs. Frazzini, Messrs. Fry, Getto, Glaser, Hafen, Miss Hawkins, Messrs. Hilbrecht, Homer, Howard, Kean, Lauri, Lingenfelter, May, McKissick, Mello, Olsen, Poggione, Prince, Ronzone, Schofield, Smalley, Smith, Swallow, Torvinen, Valentine, Mrs. White, Messrs. Wilson, Frank Young, Roy Young and Jacobsen
CHAPTER 384
AN ACT prohibiting discrimination in the inheritance, purchase, lease, rental, sale, ownership and conveyance of real property, in providing loans and financial assistance for the purpose of purchasing, constructing, improving or repairing dwellings, and by real estate brokers in business transactions involving sale and rental of dwellings; imposing certain duties on the Nevada commission for equal rights of citizens; providing penalties and private remedies; making an appropriation; and providing other matters properly relating thereto.
[Approved April 20, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Fair Housing Law.
Sec. 3. It is hereby declared to be the public policy of the State of Nevada that all people in the state shall have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin or ancestry.
Sec. 4. As used in this chapter, except where the context otherwise requires, the words defined in sections 5 to 10, inclusive, of this act have the meanings respectively ascribed to them in such sections.
κ1971 Statutes of Nevada, Page 730 (CHAPTER 384, AB 254)κ
requires, the words defined in sections 5 to 10, inclusive, of this act have the meanings respectively ascribed to them in such sections.
Sec. 5. Commission means the Nevada commission on equal rights of citizens.
Sec. 6. Discriminate includes both segregate and separate.
Sec. 7. 1. Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
2. Dwelling does not include:
(a) A single-family house sold or rented by an owner if:
(1) Such owner does not own more than three such single-family houses at any one time; or
(2) Such owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; and
(3) Such house was sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, real estate broker-salesman or real estate salesman licensed pursuant to chapter 645 of NRS; and
(4) Such house was sold or rented without the publication, posting or mailing of any notice, statement or advertisement prohibited by subsection 3 of section 11 of this act.
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such living quarters as his residence and such owner has not within the preceding 12-month period participated:
(1) As the principal in three or more transactions involving the sale or rental or any dwelling or any interest therein; or
(2) As an agent, otherwise than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.
3. The sale of a single-family house by an owner not residing in such house at the time of the sale or who was not the most recent resident of such house prior to the sale shall not bring such house within the definition of dwelling unless there is more than one such sale within any 24-month period.
Sec. 8. Family includes a single individual.
Sec. 9. 1. Person means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, unincorporated corporations, any owner, lessee, proprietor, manager, employee or any agent of such person, the State of Nevada, and all cities, towns and political subdivisions and agencies thereof.
2. Person does not include any nonprofit, fraternal, educational or social organization or club, unless such nonprofit, fraternal, educational or social organization or club has the purpose of promoting discrimination in the matter of housing against any person or persons because of race, religious creed, color, national origin, ancestry or sex.
κ1971 Statutes of Nevada, Page 731 (CHAPTER 384, AB 254)κ
in the matter of housing against any person or persons because of race, religious creed, color, national origin, ancestry or sex.
Sec. 10. Rent means rent, lease, sublease, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
Sec. 11. No person may, because of race, religious creed, color, national origin or ancestry:
1. Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
2. Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
3. Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any such preference, limitation or discrimination.
4. Represent to any person because of race, religious creed, color, national origin or ancestry that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
5. For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religious creed, color, national origin or ancestry.
Sec. 12. 1. The commission shall:
(a) Be legally authorized to administer the provisions of this chapter.
(b) Make studies with respect to the nature and extent of discriminatory housing practices in communities throughout the state.
(c) Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices.
2. If, after a public hearing, the commission determines that there is evidence that discrimination has occurred and that mediation has failed, it shall file within 20 calendar days in the name of the people of the State of Nevada, through the attorney general, a petition in the district court of the county in which the alleged unfair housing practice occurred, or of any county in which a respondent resides, seeking appropriate injunctive relief against such respondent, including orders or decrees restraining and enjoining him from selling, renting or otherwise making unavailable to the complainant any dwelling with respect to which the complaint is made, pending the final determination of proceedings before the commission under this chapter.
3. When any complaint is filed with the commission alleging any unfair housing practice within the scope of this chapter and sections 16 to 18, inclusive, of this act, or when the commission initiates its own investigation of any such practice, the commission shall:
(a) Make appropriate findings of fact;
(b) Eliminate or correct the cause of the grievance by formal methods of conference or conciliation or hold a public hearing regarding its findings, or both;
(c) Serve a copy of such findings upon any person found to have engaged in any such practice within 10 calendar days after any such finding of unfair practice is made; and
κ1971 Statutes of Nevada, Page 732 (CHAPTER 384, AB 254)κ
engaged in any such practice within 10 calendar days after any such finding of unfair practice is made; and
(d) If such person does not cease and desist from the unfair practice so found within 20 calendar days after service is so made, apply to the appropriate district court for an injunction against such continued unfair practice. In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the commission for the purpose of determining whether the commissions findings were arbitrary, capricious or without foundation.
4. Any person injured by an unfair housing practice falling within the scope of this chapter and sections 16 to 18, inclusive, of this act may apply directly to the district court for an order granting or restoring to such person the rights to which he is entitled under such chapter and sections, and the district court shall assign priority calendar settings to the case.
5. The complainant may, within 180 days thereafter, commence an action in any district court in the state to enforce the provisions of this chapter and sections 16 to 18, inclusive, of this act. If the court determines that such provisions have been violated by the defendant, and that the plaintiff has been injured thereby, it shall award to the plaintiff actual damages, general damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees in the case of a prevailing plaintiff.
6. Any aggrieved person who claims to have been injured by a discriminatory housing practice or who believes that he will be irreparably injured by such a practice that is about to occur may file a complaint with the commission in such a form as the commission may require.
Sec. 13. Notwithstanding the provisions of section 12 of this act, any person may commence an action in any district court in the State of Nevada to enforce the provisions of sections 11, 16, 17 or 18 of this act. If the court determines that the provisions of any of sections 11, 16, 17 or 18 of this act have been violated by the defendant, and that the plaintiff has been injured thereby, it may enjoin the defendant from continued violation or may take such other affirmative action as may be appropriate, and, in the case of a prevailing plaintiff, may award to the plaintiff actual damages and punitive damages, together with court costs and a reasonable attorneys fee.
Sec. 14. All provisions of chapter 233 of NRS not inconsistent with the provisions of sections 2 to 13, inclusive, of this act apply to the commission in the performance of functions prescribed by this chapter.
Sec. 15. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 and 17 of this act.
Sec. 16. No person may refuse to rent, lease, sell or otherwise convey any real property solely because of race, religious creed, color, national origin or ancestry.
Sec. 17. 1. As used in this section:
(a) Customer means a person who applies for a loan or other financial assistance for the purpose of purchasing, constructing, improving or repairing a dwelling.
κ1971 Statutes of Nevada, Page 733 (CHAPTER 384, AB 254)κ
(b) Lender means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, interest rate or other terms of a loan or other financial assistance on account of race, color, religious creed, national origin, ancestry or sex of:
(a) The customer;
(b) Any person associated with the customer in connection with such loan or other financial assistance or with the purpose of such loan or other financial assistance; or
(c) The present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.
3. Any person who violates the provisions of this section is guilty of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
Sec. 18. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful, on account of race, religious creed, color, national origin, ancestry or sex, to:
(a) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers organization or other service or facility relating to the sale or rental of dwellings; or
(b) Discriminate against any person in the terms or conditions of such access, membership or participation.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of $500 for the first offense and for the second offense shall show cause why his license should not be revoked by the commission.
Sec. 19. There is hereby appropriated from the general fund of the state treasury to the Nevada commission on equal rights of citizens, to carry out the provisions of sections 1 to 14, inclusive, of this act:
1. For the fiscal year ending June 30, 1972, the sum of $34,500.
2. For the fiscal year ending June 30, 1973, the sum of $35,500.
________
κ1971 Statutes of Nevada, Page 734κ
Assembly Bill No. 430Mr. Ashworth
CHAPTER 385
AN ACT relating to accountants; changing the name of the Nevada state board of public accountants to the Nevada state board of accountancy; revising the educational, experience and examination requirements for a certificate of certified public accountant; increasing compensation for board members and adjusting terms; requiring the adoption of rules and regulations; including corporations practicing accounting under the regulatory provisions of the law; clarifying appointments and terms of office of members of the public accountants grievance committee and certified public accountants grievance committee; and providing other matters properly relating thereto.
[Approved April 21, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.594 is hereby amended to read as follows:
354.594 The Nevada tax commission shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive. It shall make such determinations after hearing the advice and recommendations of an 11-member advisory committee composed of three persons appointed by the Nevada Municipal Association, three persons appointed by the Nevada Association of County Commissioners, three persons appointed by the Nevada School Trustees Association and two persons appointed by the Nevada state board of [public accountants.] accountancy. Each appointment shall be for a term of 3 years.
Sec. 2. NRS 628.025 is hereby amended to read as follows:
628.025 As used in this chapter:
1. Board means the Nevada state board of [public accountants.] accountancy.
2. Live permit means a permit issued under NRS 628.380 which is not revoked or suspended.
3. State includes any state, territory or insular possession of the United States, or the District of Columbia.
4. Words in the masculine gender include the feminine.
Sec. 3. NRS 628.035 is hereby amended to read as follows:
628.035 There is hereby created a board of public accountancy for the State of Nevada to be known as the Nevada state board of [public accountants.] accountancy.
Sec. 4. NRS 628.055 is hereby amended to read as follows:
628.055 1. [The certified public accountant members of the board first to be appointed shall hold office, one for 1 year, one for 2 years and one for 3 years from April 1, 1960, the term of each to be designated by the governor. Their successors shall be appointed for terms of 3 years.
2. The public accountant members of the board first to be appointed shall hold office, one for 2 years and one for 3 years from April 1, 1960, the term of each to be designated by the governor. Their successors shall be appointed for terms of 3 years. On or before March 15, 1960, the Nevada Society of Public Accountants shall submit to the governor the names of five qualified persons for the two public accountant positions on the board first to be appointed. The governor shall make the appointments from the names so submitted.
κ1971 Statutes of Nevada, Page 735 (CHAPTER 385, AB 430)κ
from the names so submitted. Before entering upon his duties each member so appointed shall register as a public accountant as required by the provisions of NRS 628.350.
3. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and qualifies.] Members of the board shall hold office for a term of 3 years and until their successors are appointed and qualify.
2. The members of the board in office on April 1, 1971, shall continue to hold their offices for the terms for which they were appointed.
3. If a vacancy occurs in the board, or a member is absent from the state for a period of 6 months without permission from the board, the governor shall appoint a person duly qualified under this chapter to fill the unexpired term.
4. No person who has served two successive complete terms shall be eligible for reappointment until after the expiration of 1 year. Appointment to fill an unexpired term shall not be considered as a complete term.
Sec. 5. NRS 628.110 is hereby amended to read as follows:
628.110 Each member of the board shall receive:
1. A salary of not more than [$25] $100 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence [and lodging, not to exceed $25 per day, and actual expenses for] , lodging and transportation, while traveling on business of the board.
Sec. 5.5. NRS 628.120 is hereby amended to read as follows:
628.120 The board [may adopt and amend, from time to time, regulations] shall adopt, within 120 days after the effective date of this act, and may amend, from time to time, rules and regulations reasonably necessary and expedient for the orderly conduct of its affairs and for the administration of this chapter.
Sec. 6. NRS 628.160 is hereby amended to read as follows:
628.160 1. The board may promulgate and amend rules of professional conduct appropriate to establish and maintain a high standard of integrity and dignity in the profession of public accountancy.
2. At least 60 days prior to the promulgation of any such rule or amendment, the board shall mail copies of the proposed rule or amendment to each holder of a permit issued under NRS 628.380, together with a notice advising him of the proposed effective date of the rule or amendment and requesting that he submit his comments thereon at least 15 days prior to such effective date. Such comments shall be advisory only. Failure to mail such rule, amendment or notice to all permitholders shall not affect the validity of any such rule or amendment.
3. The board may issue any further regulations, including but not limited to rules of professional conduct, pertaining to corporations practicing public accounting which it deems consistent with or required by the public welfare. Among other things, the board may prescribe regulations:
(a) Governing the style, name and title of such corporations.
(b) Governing the affiliation of such corporations with any other organizations.
(c) Providing for joint and several liability of the shareholders of such corporations for corporate torts relating to professional services unless a corporation maintains liability insurance or unimpaired capital deemed reasonably sufficient by the board to protect the interest of clients and the public.
κ1971 Statutes of Nevada, Page 736 (CHAPTER 385, AB 430)κ
corporation maintains liability insurance or unimpaired capital deemed reasonably sufficient by the board to protect the interest of clients and the public.
Sec. 7. NRS 628.170 is hereby amended to read as follows:
628.170 1. The board shall appoint a certified public accountants grievance committee consisting of three members. Each member shall be a certified public accountant having the qualifications set forth in NRS 628.190 to 628.310, inclusive. [The members shall be appointed for terms of 1 year, 2 years and 3 years, respectively, such terms to commence on April 1, 1960. Thereafter, appointments] Appointments shall be made for terms of 3 years [.] , and after the effective date of this act, as the term of office of each member expires, the board shall appoint successor members for terms to commence April 1. The Nevada Society of Certified Public Accountants shall submit the names of three persons for each committee position and the board shall appoint one of the three. Should the Nevada Society of Certified Public Accountants fail within 30 days to submit nominations for the committee position, then the board may make appointments without nominations. If a vacancy occurs in the committee, or a member is absent from the state for a period of 6 months without permission from the board, the board shall appoint a person duly qualified under this chapter to fill the unexpired term.
2. The board shall remove from the grievance committee any member whose permit to practice has become void, or has been revoked or suspended, and may, after a hearing, remove any member of the grievance committee for neglect of duty or other just cause.
3. Each member of the certified public accountants grievance committee may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed [$25] $100 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
4. The majority of the committee shall constitute a quorum for the performance of any function herein provided.
5. The committee may adopt and amend from time to time regulations for the orderly conduct of its affairs.
6. The committee shall make investigations respecting the conduct of certified public accountants who may have been guilty of violations for which, if guilty thereof, the board might suspend or revoke their certificates, registrations or permits, and shall investigate applications of such accountants for reinstatement. If the committee is of the opinion that disciplinary action is warranted, it shall so recommend to the board. The board shall then proceed as provided in NRS 628.410.
Sec. 8. NRS 628.180 is hereby amended to read as follows:
628.180 1. The board shall appoint a public accountants grievance committee consisting of three members as long as there are 25 public accountants registered with the board. Each member shall be a public accountant, who is not a certified public accountant, practicing public accountancy in his own name or as a member of a partnership engaged in the practice of public accounting, and having the other qualifications set forth in NRS 628.350. [The members shall be appointed for terms of 1 year, 2 years and 3 years, respectively, such terms to commence on April 1, 1960.
κ1971 Statutes of Nevada, Page 737 (CHAPTER 385, AB 430)κ
year, 2 years and 3 years, respectively, such terms to commence on April 1, 1960. Thereafter, appointments] Appointments shall be made for terms of 3 years [.] , and after the effective date of this act, as the term of office of each member expires, the board shall appoint successor members for terms to commence on April 1. The Nevada Society of Public Accountants shall submit the names of three persons for each committee position and the board shall appoint one of the three. Should the Nevada Society of Public Accountants fail within 30 days to submit nominations for the committee position, then the board may make appointments without nominations. If a vacancy occurs in the committee, or a member is absent from the state for a period of 6 months without permission from the board, the board shall appoint a person duly qualified under this chapter to fill the unexpired term.
2. The board shall remove from the grievance committee any member whose permit to practice has become void, or has been revoked or suspended, and may, after a hearing, remove any member of the grievance committee for neglect of duty or other just cause.
3. Each member of the public accountants grievance committee may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed [$25] $100 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.
4. The majority of the committee shall constitute a quorum for the performance of any function herein provided.
5. The committee may adopt and amend from time to time regulations for the orderly conduct of its affairs.
6. The committee shall:
(a) Make investigations respecting the conduct of registered public accountants who may have been guilty of violations for which, if guilty thereof, the board might suspend or revoke their registration or permits and shall investigate applications of such accountants for reinstatement. If the committee is of the opinion that disciplinary action is warranted, it shall so recommend to the board. The board shall then proceed as provided in NRS 628.410.
(b) Make investigations and recommendations as provided by NRS 628.350.
Sec. 9. NRS 628.190 is hereby amended to read as follows:
628.190 The certificate of certified public accountant shall be granted by the board to any person who:
1. [Is a citizen of the United States or who is a lawful permanent resident of the United States; and
2.] Is a resident of this state or has a place of business therein or, as an employee, is regularly employed therein; and
[3.] 2. Has attained the age of 21 years; and
[4.] 3. Is of good moral character; and
[5.] 4. Meets the requirements of education and experience as provided in NRS 628.200; and
[6.] 5. Has passed a written examination in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as the board shall determine to be appropriate.
κ1971 Statutes of Nevada, Page 738 (CHAPTER 385, AB 430)κ
accounting, and in such other related subjects as the board shall determine to be appropriate.
Sec. 10. NRS 628.200 is hereby amended to read as follows:
628.200 [1. During the first 3-year period immediately following April 1, 1960, the educational requirements for a certificate of certified public accountant shall be:
(a) Satisfactory completion of a high school education in a high school accredited by the University of Nevada; or
(b) What the board determines to be substantially the equivalent of paragraph (a) above; and
the experience requirements shall be 4 years of public accounting experience, satisfactory to the board, in any state in practice as a certified public accountant or as a public accountant, or, in any state in employment as a staff accountant by anyone practicing public accounting, or any combination of either of such types of experience, but if all of such experience has been as a certified public accountant of another state, or in the employ of a certified public accountant, then the term shall be 3 years; or such education and experience may be those set out in subsection 4 of this section.
2. During the second 3-year period immediately following April 1, 1960, the educational requirements for a certificate of certified public accountant shall be:
(a) Satisfactory completion of 2 years of study at one or more colleges or universities recognized by the board; or
(b) Graduation from junior college recognized by the board or a private school or college licensed by the state board of education; or
(c) What the board determines to be substantially the equivalent of paragraphs (a) or (b) of this subsection; and
the experience requirements shall be those specified in subsection 1 of this section; or such education and experience requirements may be those set out in subsection 4 of this section.
3. During the third 3-year period following April 1, 1960, the educational requirements for a certificate of certified public accountant shall be those specified in subsection 2 of this section, and, in addition, satisfactory completion of what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration; and the experience requirements shall be those specified in subsection 1 of this section; or other educational and experience requirements may be those set out in subsection 4 of this section.
4. After the expiration of 9 years from April 1, 1960, the educational requirements for a certificate of certified public accountant shall be satisfactory completion of 4 years of study at one or more colleges or universities recognized by the board, with a major in accounting, or what the board determines to be substantially the equivalent of the foregoing; or with a nonaccounting major, supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration; and the experience requirements shall be 2 years of the experience described in subsection 1 of this section.] After April 1, 1969, or the effective date of this act, whichever is later, the educational and experience requirements for a certificate of certified public accountant shall be a Bachelor of Arts or a Bachelor of Science degree from a college or university recognized by the board, with a major in accounting, or what the board determines to be substantially the equivalent of the foregoing, or with a nonaccounting major, supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration, and:
κ1971 Statutes of Nevada, Page 739 (CHAPTER 385, AB 430)κ
Bachelor of Science degree from a college or university recognized by the board, with a major in accounting, or what the board determines to be substantially the equivalent of the foregoing, or with a nonaccounting major, supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration, and:
1. Two years of public accounting experience, including, but in no way limited to, the examination of any financial statements for the purpose of expressing an opinion thereon, as defined by the board, in practice as a certified public accountant, a public accountant, a staff accountant employed by anyone practicing public accounting or any combination of such types of experience;
2. Experience of a private nature or in governmental accounting or auditing work of a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to the requirements of subsection 1; or
3. One year of the type of experience required by subsection 1 if the candidate holds a masters degree in accounting or business administration from a college or university recognized by the board, if there has been satisfactory completion of such number of semester hours in accounting, business administration, economics and related subjects as the board determines to be appropriate.
Sec. 11. NRS 628.210 is hereby amended to read as follows:
628.210 None of the educational requirements specified in [subsections 1, 2 or 3 of] NRS 628.200 shall apply to a candidate for a certificate of certified public accountant who is registered as a public accountant under NRS 628.350, or who, on April 1, 1960, was employed as a staff accountant in this state by anyone practicing public accounting, but [the experience requirements for] such candidate who does not meet such educational requirements shall [be] have 4 years of the experience described in subsection 1 or 2 of NRS 628.200.
Sec. 12. NRS 628.230 is hereby amended to read as follows:
628.230 The examinations described in subsection [6] 5 of NRS 628.190 [and the special examinations referred to in NRS 628.220] shall be conducted by the board and shall take place as often as the board shall determine to be desirable, but [the examinations described in subsection 6 of NRS 628.190 shall be held] not less frequently than once each year. The board may make such use of all or any part of the Uniform Certified Public Accountants Examination and Advisory Grading Service as it deems appropriate to assist it in performing its duties hereunder.
Sec. 13. NRS 628.240 is hereby amended to read as follows:
628.240 A candidate for a certificate of certified public accountant who has met the educational requirements, or with respect to whom they [either] do not apply [or have been waived, shall be] is eligible to take the examination without waiting until he meets the experience requirements, provided he also meets the requirements of subsections 1 [, 2] and [4] 3 of NRS 628.190. The board shall not report the results of the examination until the candidate receives his college degree.
Sec. 14. NRS 628.250 is hereby amended to read as follows:
628.250 A candidate for the certificate of certified public accountant who has successfully completed the examination under subsection [6] 5 of NRS 628.190 shall have no status as a certified public accountant unless and until he has the requisite experience and has received his certificate as a certified public accountant.
κ1971 Statutes of Nevada, Page 740 (CHAPTER 385, AB 430)κ
who has successfully completed the examination under subsection [6] 5 of NRS 628.190 shall have no status as a certified public accountant unless and until he has the requisite experience and has received his certificate as a certified public accountant.
Sec. 15. NRS 628.260 is hereby amended to read as follows:
628.260 1. The board may by regulation [:
(a) Prescribe] prescribe the terms and conditions under which a candidate: [who passes the examination in one or more of the subjects indicated in subsection 6 of NRS 628.190 may be reexamined in only the remaining subjects, with credit for the subjects previously passed.
(b) Provide for a reasonable waiting period for a candidates reexamination in a subject he has failed.
2. Subject to the provisions of subsection 1 and such other regulations as the board may adopt governing reexaminations, a candidate shall be entitled to any number of reexaminations under subsection 6 of NRS 628.190.]
(a) Shall pass an examination in the subjects indicated in subsection 5 of NRS 628.190.
(b) Who passes the examination in two or more subjects or in the subject of accounting practice alone shall have the right to be reexamined in the remaining subject or subjects only, at subsequent examinations held by the board, and if he passes in the remaining subject or subjects within a period of time specified in the rules of the board, he shall be considered to have passed the examination.
2. The board may give credit to a candidate who has passed all or part of the examination in another state or territory, if the certified public accountant members of the board determine that the standards under which the examination was held are as high as the standards established for the examination in this chapter.
Sec. 16. NRS 628.270 is hereby amended to read as follows:
628.270 In general, the applicable educational and experience requirements under [subsections 1, 2, 3 or 4 of] NRS 628.200 shall be those in effect on the date of the examination by which the candidate successfully completes his examination under subsection [6] 5 of NRS 628.190; but the board may provide by regulation for exceptions to the general rule in order to prevent what it determines to be undue hardship to candidates resulting from changes in the educational and experience requirements as provided [in subsections 1, 2, 3 and 4 of NRS 628.200.] by law prior to the effective date of this act.
Sec. 17. NRS 628.280 is hereby amended to read as follows:
628.280 1. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board not in excess of $50 for the initial examination provided for in subsection [6] 5 of NRS 628.190. [and not in excess of $50 for any special examination for a waiver of the educational requirements.]
2. Fees for reexaminations under subsection [6] 5 of NRS 628.190 shall also be charged by the board in amounts determined by it, but not in excess of $30 for each subject in which the candidate is reexamined.
3. The applicable fee shall be paid by the candidate at the time he applies for examination or reexamination.
4. The board shall charge each candidate for a certificate of certified public accountant a fee to be determined by the board not in excess of $25 for review and inspection of his examination paper.
κ1971 Statutes of Nevada, Page 741 (CHAPTER 385, AB 430)κ
public accountant a fee to be determined by the board not in excess of $25 for review and inspection of his examination paper.
Sec. 18. NRS 628.310 is hereby amended to read as follows:
628.310 The board may, in its discretion, waive the examination under subsection [6] 5 of NRS 628.190, and may issue a certificate as a certified public accountant to any person possessing the qualifications specified in subsections 1, 2 [, 3 and 4] and 3 of NRS 628.190 and what the board determines to be substantially the equivalent of the applicable qualifications under [subsection 6] subsections 4 and 5 of NRS 628.190, who is the holder of a certificate as a certified public accountant then in full force and effect issued under the laws of any state, or is the holder of a certificate, license or degree in a foreign country constituting a recognized qualification for the practice of public accounting in such country, comparable to that of a certified public accountant of this state, which is then in full force and effect.
Sec. 19. NRS 628.320 is hereby amended to read as follows:
628.320 If an applicant for a certificate as a certified public accountant meets all of the requirements for such a certificate (other than the requirements of subsection [2] 1 of NRS 628.190 that he be a resident of this state or have a place of business herein for the practice of public accountancy or, as an employee, be regularly employed [herein)] herein for a period of 6 months), the board may, in its discretion, issue to him a temporary certificate as a certified public accountant which shall be effective only until the board shall notify him that his application has been either granted or rejected. In no event shall such temporary certificate be in effect for more than 6 months after the date of its issuance.
Sec. 20. NRS 628.340 is hereby amended to read as follows:
628.340 1. A partnership or professional corporation engaged in this state in the practice of public accounting [may] shall register with the board as a partnership of certified public accountants [provided it meets] and shall meet the following requirements:
(a) At least one general partner or shareholder thereof must be a certified public accountant of this state in good standing.
(b) Each partner or shareholder thereof personally engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant of this state in good standing.
(c) Each partner or shareholder thereof must be a certified public accountant of some state in good standing.
(d) Each resident manager in charge of an office of the firm in this state must be a certified public accountant of this state in good standing.
2. A corporation organized for the practice of public accounting shall register with the board as a corporation of certified public accountants provided it meets the following requirements:
(a) The sole purpose and business of the corporation shall be to furnish to the public services not inconsistent with the Public Accountancy Act or the regulations of the board; but the corporation may invest its funds in a manner not incompatible with the practice of public accounting.
(b) Each shareholder of the corporation shall be a certified public accountant of some state in good standing, and shall be principally employed by the corporation or actively engaged in its business. No other person shall have any interest in the stock of the corporation.
κ1971 Statutes of Nevada, Page 742 (CHAPTER 385, AB 430)κ
person shall have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation shall be a certified public accountant of some state in good standing.
(c) At least one shareholder of the corporation shall be a certified public accountant of this state in good standing.
(d) Each resident manager in charge of an office of the corporation in this state and each shareholder or director personally engaged within this state in the practice of public accounting shall be a certified public accountant of this state in good standing.
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there shall be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation shall be in compliance with such other regulations pertaining to corporations practicing public accounting in this state as the board may prescribe.
3. Application for registration must be made upon the affidavit of a general partner or shareholder who is a certified public accountant of this state in good standing. The board shall in each case determine whether the applicant is eligible for registration. A partnership or corporation which is so registered and which holds a permit issued under NRS 628.380 may use the words certified public accounts or the abbreviation C.P.A.s in connection with its partnership or corporate name. Notification shall be given the board within 1 month after the admission to or withdrawal of a partner or shareholder from any partnership or corporation so registered
Sec. 21. NRS 628.360 is hereby amended to read as follows:
628.360. 1. A partnership or corporation engaged in this state in the practice of public accounting [may] shall register with the board as a partnership of public accountants [provided it meets] and shall meet the following requirements:
(a) At least one general partner thereof must be a certified public accountant or a public accountant of this state in good standing.
(b) Each partner thereof personally engaged within this state in the practice of public accounting as a member thereof must be a certified public accountant or a public accountant of this state in good standing.
(c) Each resident manager in charge of an office of a firm in this state must be a certified public accountant or a public accountant of this state in good standing.
2. A corporation organized for the practice of public accounting shall register with the board as a corporation of public accountants provided it meets the following requirements:
(a) The sole purpose and business of the corporation shall be to furnish to; the public services not inconsistent with the Public Accountancy Act or the regulations of the board; but the corporation may invest its funds in a manner not incompatible with the practice of public accounting.
κ1971 Statutes of Nevada, Page 743 (CHAPTER 385, AB 430)κ
(b) Each shareholder of the corporation shall be a certified public accountant in any state or a public accountant of this state in good standing, and shall be principally employed by the corporation or actively engaged in its business. No other person shall have any interest in the stock of the corporation. The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation shall be a certified public accountant or public accountant of this state in good standing.
(c) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant or a public accountant of this state in good standing.
(d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there shall be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(e) The corporation shall be in compliance with such other regulations pertaining to corporations practicing public accounting in this state as the board may prescribe.
3. Application for registration must be made upon the affidavit of a general partner [of such partnership] or shareholder who holds a permit to practice in this state as a certified public accountant or as a public accountant. The board shall in each case determine whether the applicant is eligible for registration. A partnership or corporation which is so registered and which holds a [partnership] permit issued under NRS 628.380 may use the words public accountants in connection with its partnership or corporate name. Notification shall be given the board, within 1 month, after the admission to or withdrawal of a partner or shareholder from any partnership or corporation so registered.
Sec. 22. NRS 628.370 is hereby amended to read as follows:
628.370 1. Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant, or partnership or corporation of certified public accountants, or by a public accountant or a partnership or corporation of public accountants, or by one registered under NRS 628.330 shall be registered annually under this chapter with the board. No fee shall be charged for such registration.
2. Each such office shall be under the direct supervision of a resident manager, who may be either a principal or a staff employee holding a permit, under NRS 628.380, which is in full force and effect, but the title or designation certified public accountant or the abbreviation C.P.A. shall not be used in connection with such office unless such resident manager is the holder of a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, and a permit issued under NRS 628.380, both of which are in full force and effect. Such resident manager may serve in such capacity at one office only.
3. The board shall by regulation prescribe the procedure to be followed in effecting such registrations.
Sec. 23. NRS 628.380 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 744 (CHAPTER 385, AB 430)κ
628.380 1. Permits to engage in the practice of public accounting in this state shall be issued by the board to holders of the certificate of certified public accountant issued under NRS 628.190 to 628.310, inclusive, and to persons, [and] partnerships or corporations registered under NRS 628.330, 628.340, 628.350 and 628.360, provided all offices of such certificate holder or registrant are maintained and registered as required under NRS 628.370.
2. There shall be an annual permit fee in an amount to be determined, from time to time, by the board, not to exceed $25.
3. All permits shall expire on December 31 of each year and may be renewed annually for a period of 1 year by certificate holders and registrants in good standing upon payment of an annual renewal fee of not to exceed $25.
4. Failure of a certificate holder or registrant to apply for such annual permit to practice within:
(a) Three years from the expiration date of the permit to practice last obtained or renewed; or
(b) Three years from the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him,
shall deprive him of the right to such permit, unless the board, in its discretion, determines such failure to have been due to excusable neglect. In such case the renewal fee or the fee for the issuance of the original permit, as the case may be, shall be such amount as the board shall, from time to time, determine, but not in excess of [$75.] $150.
Sec. 24. NRS 628.400 is hereby amended to read as follows:
628.400 1. After notice and hearing as provided in NRS 628.410, the board shall revoke the registration and permit to practice of a partnership or corporation if at any time it does not have all the qualifications prescribed by the section of this chapter under which it qualified for registration.
2. After notice and hearing as provided in NRS 628.410, the board may revoke or suspend the registration of a partnership or corporation or may revoke, suspend or refuse to renew its permit under NRS 628.380 to practice or any censure the holder of any such permit for any of the causes enumerated in NRS 628.390, or for any of the following additional causes:
(a) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner [.] or shareholder.
(b) The cancellation, revocation, suspension or refusal to renew the authority of the partnership or corporation or any partner or shareholder thereof to practice public accounting in any other state for any cause other than failure to pay an annual registration fee in such other state.
Sec. 25. NRS 628.410 is hereby amended to read as follows:
628.410 1. The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.
2. A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on such charge or charges shall be served on the accused not less than 30 days prior to the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the accused last known to the board.
κ1971 Statutes of Nevada, Page 745 (CHAPTER 385, AB 430)κ
copy thereof by registered or certified mail to the address of the accused last known to the board.
3. If, after having been served with the notice of hearing as provided for in subsection 2, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against him and may enter such order as shall be justified by the evidence. The order shall be final unless the accused petitions for a review thereof as provided for herein; but within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his behalf.
4. At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on his own behalf, cross-examine witnesses, and examine such evidence as may be produced against him. A corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or public accountant of this state in good standing. The accused shall be entitled, on application to the board, to the issuance of subpenas to compel the attendance of witnesses on his behalf.
5. The board, or any member thereof, may issue subpenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon a hearing under this chapter. In case of disobedience to a subpena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.
6. The board shall not be bound by technical rules of evidence.
7. A stenographic record of the hearing shall be kept and a transcript thereof filed with the board.
8. At all hearings the attorney general or one of his deputies designated by him or such other legal counsel as may be employed shall appear and represent the board.
9. The decision of the board shall be by majority vote thereof.
10. Any person adversely affected by any order of the board may obtain a review thereof by filing a written petition for review with the district court within 30 days after the entry of the order. The petition shall state the grounds upon which the review is asked and shall pray that the order of the board be modified or set aside in whole or in part. A copy of the petition shall be served forthwith upon any member of the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. The case shall then be tried de novo on the record made before the board, without the introduction of new or additional evidence, but the parties shall be permitted to file briefs as in a case at law. The court may affirm, modify or set aside the boards order in whole or in part, or may remand the case to the board for further evidence, and may, in its discretion, stay the effect of the boards order pending its determination of the case. The courts decision shall have the force and effect of a decree in equity.
Sec. 26. NRS 628.430 is hereby amended to read as follows:
628.430 All statements, records, schedules, working papers and memoranda made by a certified public accountant or a public accountant incident to or in the course of professional service to clients by such accountant, except reports submitted by a certified public accountant or a public accountant to a client, shall be and remain the property of such accountant, in the absence of an express agreement between such accountant and the client to the contrary.
κ1971 Statutes of Nevada, Page 746 (CHAPTER 385, AB 430)κ
accountant, except reports submitted by a certified public accountant or a public accountant to a client, shall be and remain the property of such accountant, in the absence of an express agreement between such accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or new partners of such accountant [.] or to his corporation.
Sec. 27. NRS 628.440 is hereby amended to read as follows:
628.440 1. Nothing contained in this chapter shall prohibit [:
1. Any] any person not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant, or partnership or corporation composed of certified public accountants or public accountants holding a permit to practice issued under NRS 628.380 or a foreign accountant registered under NRS 628.330, provided that such employee or assistant shall not issue any accounting or financial statement over his name.
2. [A certified public accountant or a registered public accountant of another state, or any accountant who holds a certificate, degree or license in a foreign country, constituting a recognized qualification for the practice of public accounting in such country, from temporarily practicing in this state on professional business incident to his regular practice outside this state, provided that such temporary practice is conducted in conformity with the regulations and rules of professional conduct promulgated by the board.] The board may adopt rules and regulations providing for the issuance of temporary permits to persons for the purpose of enabling such persons to fulfill specific engagements or employments where the contracts for such engagements and employments were entered into outside this state. Such temporary permit shall:
(a) Be valid for no more than 6 months;
(b) Cover only one engagement;
(c) Not be issued to any firm, partnership or corporation unless all of the members thereof are certified public accountants or registered public accountants of another state or hold certificates as chartered accountants issued under the laws of a foreign country; and
(d) Be issued only to an individual who is a certified public accountant or a registered public accountant of another state or country in good standing or holds a certificate as a chartered accountant issued under the laws of a foreign country.
Each person applying for a temporary permit shall file with the board a designation and acceptance of a resident agent for service of legal process and shall pay a fee to be determined by the board not in excess of $50 prior to commencing work for a client.
Sec. 28. NRS 628.460 is hereby amended to read as follows:
628.460 No partnership or corporation shall assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such partnership or corporation is composed of certified public accountants unless such partnership or corporation is registered as a partnership or corporation of certified public accountants under NRS 628.340, holds a live permit and all offices of such [partnerships offices] partnership or corporation in this state for the practice of public accounting are maintained as required under NRS 628.370.
κ1971 Statutes of Nevada, Page 747 (CHAPTER 385, AB 430)κ
such [partnerships offices] partnership or corporation in this state for the practice of public accounting are maintained as required under NRS 628.370.
Sec. 29. NRS 628.480 is hereby amended to read as follows:
628.480 No partnership or corporation shall assume or use the title or designation public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such partnership or corporation is composed of public accountants, unless such partnership or corporation is registered as a partnership or corporation of public accountants under NRS 628.360 or as a partnership or corporation of certified public accountants under NRS 628.340 and holds a live permit, and all offices of such [partnerships offices] partnerships or corporations in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
Sec. 30. NRS 628.490 is hereby amended to read as follows:
628.490 1. Except as otherwise provided in subsections 2 and 3, no person, [or] partnership or corporation shall assume or use the title or designation certified accountant, chartered accountant, enrolled accountant, licensed accountant, registered accountant or any other title or designation likely to be confused with certified public accountant or public accountant, or any of the abbreviations C.A., P.A., E.A., R.A. or L.A., or similar abbreviations likely to be confused with C.P.A.
2. Anyone who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.380 may hold himself out to the public as an accountant or auditor.
3. A foreign accountant registered under NRS 628.330, who holds a live permit and all of whose offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370, may use the title under which he is generally known in his country, followed by the name of the country from which he received his certificate, license or degree.
Sec. 31. NRS 628.520 is hereby amended to read as follows:
628.520 No person shall sign or affix a partnership or corporation name, with any wording indicating that it is a partnership or corporation composed of accountants or auditors or persons having expert knowledge in accounting or auditing, to any accounting or financial statement, or to any report on or certificate to any accounting or financial statement, unless the partnership or corporation holds a live permit and all of its offices in this state for the practice of public accounting are maintained and registered as required under NRS 628.370.
Sec. 32. NRS 628.540 is hereby amended to read as follows:
628.540 1. Except as otherwise provided in subsection 2, no person, [or] partnership or corporation not holding a live permit, [and no corporation,] shall hold himself or itself out to the public as an accountant or auditor by use of either or both of such words, or by use of the word accounting, on any sign, card, letterhead or in any advertisement or directory. [, without indicating thereon or therein that such person, partnership or corporation does not hold such a permit.]
2. The provisions of subsection 1 shall not prohibit:
κ1971 Statutes of Nevada, Page 748 (CHAPTER 385, AB 430)κ
(a) Any officer, employee, partner, shareholder or principal of any organization from describing himself by the position, title or office he holds in such organization.
(b) Any act of a public official or public employee in the performance of his duties as such.
Sec. 33. NRS 628.550 is hereby amended to read as follows:
628.550 No person shall assume or use the title or designation certified public accountant or public accountant in conjunction with names indicating or implying that there is a partnership or corporation, or in conjunction with the designation and Company or and Co. or a similar designation if, in any such case, there is in fact no bona fide partnership or corporation registered under NRS 628.340 or 628.360; but a sole proprietor or partnership lawfully using such title or designation in conjunction with such names or designation on April 1, 1960, may continue to do so if he or it otherwise complies with the provisions of this chapter.
Sec. 34. Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36 of this act.
Sec. 35. One or more individual persons may organize a corporation for the practice of public accounting under the Professional Corporation and Associations Act. The corporation shall not be required to have more directors than shareholders, but at least one director shall be a shareholder. The other directors need not, but may, be shareholders.
Sec. 36. If any provision of this chapter or the application thereof to any person is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
Sec. 37. NRS 628.065, 628.220, 628.500 and 628.530 are hereby repealed.
Sec. 38. Chapter 159, Statutes of Nevada 1971, entitled An Act conforming Nevada Revised Statutes to the provisions of the federal Immigration and Nationality Act by deleting references regarding declaration of intention to become a resident and substituting the term lawful permanent resident, approved April 6, 1971, is hereby amended by adding thereto a new section, designated section 11, which shall read as follows:
Section 11. This act shall become effective upon passage and approval.
Sec. 39. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 749κ
Senate Bill No. 419Committee on Labor
CHAPTER 386
AN ACT relating to unemployment compensation; clarifying and updating language; decreasing the length of time after which certain records and reports of employing units may be destroyed; providing that certain letters, reports and communications between employer and employee and the employment security department are privileged; designating the employment security department as the agency of the state for purposes of the Wagner-Peyser Act; providing that subpenaed witnesses shall be paid fees specified by law; authorizing the executive director to file originals or copies of documents in certain judicial proceedings; and providing other matters properly relating thereto.
[Approved April 21, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.170 is hereby amended to read as follows:
612.170 An [insured worker] insured worker is one who has [earned] been paid wages within his base period, from employers, in an amount sufficient to qualify for benefits.
Sec. 2. NRS 612.260 is hereby amended to read as follows:
612.260 1. Each employing unit shall keep true and accurate work records, containing such information as the executive director may prescribe. Such records shall be open to inspection and shall be subject to being copied by the executive director or his authorized representatives at any reasonable time and as often as may be necessary.
2. The executive director, the board of review, or any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the board of review deems necessary for the effective administration of this chapter.
3. The executive director may destroy any letter of the unemployment compensation service or employment service and any form, benefit determination or redetermination, ruling, employers status or contribution report, wage slip report, [or letter of the unemployment compensation service or employment service] claim record, wage list or any auxiliary computer file related thereto at the expiration of [5] 4 years after such record was originated or filed with such service; but this subsection shall not apply to records pertaining to grants, accounts or expenditures for administration, or to the records of the unemployment compensation administration fund.
Sec. 3. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this chapter and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individuals or employing units identity.
2. Any claimant (or his legal representative) shall be supplied with information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter.
κ1971 Statutes of Nevada, Page 750 (CHAPTER 386, SB 419)κ
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration or enforcement of an unemployment compensation law, [or] public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices, or the Internal Revenue Service of the Department of the Treasury, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipients rights to further benefits under this chapter.
5. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
6. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this chapter, shall use or permit the use of such list for any political purpose, he is guilty of a misdemeanor.
7. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and shall not be the subject matter or basis for any lawsuit if such letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 4. NRS 612.330 is hereby amended to read as follows:
612.330 1. The executive director shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the Wagner-Peyser Act, being c. 49, 48 Stat. 113, approved June 6, 1933, as amended, and entitled An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes, and also designated as 29 U.S.C. § 49 et seq.
2. The provisions of the Wagner-Peyser Act, as amended, are hereby accepted by this state in conformity with 29 U.S.C. § 49c, and this state will observe and comply with the requirements thereof.
3. The executive director shall cooperate with any official or agency of the United States having powers or duties under the provisions of the Wagner-Peyser Act, as amended, and shall do and perform all things necessary to secure to this state the benefits of the Wagner-Peyser Act, as amended, in the promotion and maintenance of a system of public employment offices.
κ1971 Statutes of Nevada, Page 751 (CHAPTER 386, SB 419)κ
of the United States having powers or duties under the provisions of the Wagner-Peyser Act, as amended, and shall do and perform all things necessary to secure to this state the benefits of the Wagner-Peyser Act, as amended, in the promotion and maintenance of a system of public employment offices. The [executive director] employment security department is hereby designated and constituted the agency of this state for the purposes of the Wagner-Peyser Act, as amended.
4. All moneys received by this state under the Wagner-Peyser Act, as amended, shall be paid into the unemployment compensation administration fund, and such moneys are hereby made available to the executive director for the Nevada state employment service, to be expended as provided by this chapter and by the Wagner-Peyser Act, as amended.
5. For the purpose of establishing and maintaining free public employment offices, the executive director is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this state, or with any private nonprofit organizations, and as a part of any such agreement the executive director may accept moneys, services or quarters as a contribution to the unemployment compensation administration fund.
Sec. 5. NRS 612.335 is hereby amended to read as follows:
612.335 1. Twenty-four months after the date when contributions first accrue under this chapter, benefits shall become payable from the fund; but wages earned for services performed in the employ of an employer, as defined in the Railroad Unemployment Insurance Act, approved June 25, 1938, being c. 680, 52 Stat. 1094, and also designated as 45 U.S.C. § 351 et seq., shall not be included for purposes of determining eligibility under subsection 4 of NRS 612.375 or total amount of benefits under NRS 612.355, with respect to any benefit year commencing on or after July 1, 1939, nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on the basis of such wages under NRS 612.335 to 612.370, inclusive.
2. All benefits shall be paid through employment security department offices in accordance with such regulations as the executive director may prescribe.
Sec. 6. NRS 612.375 is hereby amended to read as follows:
612.375 An unemployed individual shall be eligible to receive benefits with respect to any week only if the executive director finds that:
1. He has registered for work at, and thereafter has continued to report at, an [employment office in accordance with such regulations] office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this chapter.
2. He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
3. He is able to work, and is available for work; but no claimant [residing in the State of Nevada] shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability.
κ1971 Statutes of Nevada, Page 752 (CHAPTER 386, SB 419)κ
respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability.
4. [(a) With respect to an individual who files a request for a determination of his benefit status effective prior to the first Sunday of the first calendar quarter after February 25, 1965, he has within his base period been paid wages from employers equal to 30 times his weekly benefit amount; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter earnings, but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter earnings, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter earnings.
(b) With respect to an individual who files a request for a determination of his benefit status effective on and after the first Sunday of the first calendar quarter after February 25, 1965, he] He has within his base period been paid wages from employers equal to 33 times his weekly benefit amount; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter [earnings] wages but can qualify for a weekly benefit amount of $1 less than one-twenty-fifth of his high-quarter [earnings,] wages, his weekly benefit amount shall be $1 less than one-twenty-fifth of his high-quarter [earnings.] wages.
Sec. 7. NRS 612.425 is hereby amended to read as follows:
612.425 [An individual] A claimant shall be disqualified for benefits for any week with respect to which the claimant is on paid vacation.
Sec. 8. NRS 612.430 is hereby amended to read as follows:
612.430 [An individual] A claimant shall be disqualified for benefits for any week following termination of work, which could have been compensated by vacation pay had termination not occurred, if the [individual] claimant actually receives such compensation at the time of separation or on regular paydays immediately following termination.
Sec. 9. NRS 612.435 is hereby amended to read as follows:
612.435 [An individual] A claimant shall be disqualified for benefits for the week in which the claimant is separated from work because of pregnancy and each week thereafter until proof of ability to work following confinement is submitted.
Sec. 10. NRS 612.440 is hereby amended to read as follows:
612.440 1. [An individual] A claimant shall be disqualified for benefits for any week with respect to which [a] the claimants unemployment is due to pregnancy.
2. A claimants unemployment shall be deemed to be due to pregnancy if such unemployment exists within 60 days of expected confinement.
3. The claimants unemployment shall be deemed to be due to pregnancy following confinement until proof of ability to resume employment has been submitted by the claimant.
κ1971 Statutes of Nevada, Page 753 (CHAPTER 386, SB 419)κ
Sec. 11. NRS 612.447 is hereby amended to read as follows:
612.447 [On and after the first Sunday of the first calendar quarter after February 25, 1965:
1. An individual who establishes a benefit year or who reopens a claim for benefits shall be disqualified for benefits for the week in which he has voluntarily left his most recent work to enter self-employment and for 4 consecutive weeks thereafter.
2. An individual] A claimant shall be disqualified for benefits for the week in which he has voluntarily left his most recent work to enter self-employment and for 4 consecutive weeks thereafter.
Sec. 12. NRS 612.500 is hereby amended to read as follows:
612.500 1. A reasonable opportunity for a fair hearing on appeals shall be promptly afforded all parties.
2. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimants rights to benefits from the beginning of the period covered by the determination to the date of the hearing.
3. The appeal tribunal shall include in the record and consider as evidence all records of the executive director that are material to the issues.
4. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.
5. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.
6. Witnesses subpenaed shall be allowed fees [at a rate fixed by the executive director,] in the amounts specified in NRS 48.290 and 48.300, and the fees of witnesses so subpenaed shall be deemed part of the expense of administering this chapter.
7. No member of an appeal tribunal shall participate in an appeal hearing in which he has a direct or indirect interest.
Sec. 13. NRS 612.530 is hereby amended to read as follows:
612.530 1. Within 10 days after the decision of the board of review has become final, any party aggrieved thereby or the executive director may secure judicial review thereof by commencing an action in the district court of the county wherein the appealed claim or claims were filed against the executive director for the review of such decisions, in which action any other party to the proceedings before the board of review shall be made a defendant.
2. In such action, a petition which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the executive director, unless he is the appellant, or upon such person as he may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants, and the executive director shall forthwith mail one such copy to each such defendant.
κ1971 Statutes of Nevada, Page 754 (CHAPTER 386, SB 419)κ
3. With his answer or petition, the executive director shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the board of reviews findings of fact and decision therein. The executive director may also, in his discretion, certify to such court questions of law involved in any decision.
4. In any judicial proceedings under this section, the finding of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law.
5. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under chapter 616 of NRS.
6. An appeal may be taken from the decision of the district court to the supreme court of Nevada, in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.
7. It shall not be necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the board of review, and no bond shall be required for entering such appeal.
8. Upon the final determination of such judicial proceeding, the board of review shall enter an order in accordance with such determination.
9. A petition for judicial review shall not act as a supersedeas or stay unless the board of review shall so order.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 100Senator Swobe
CHAPTER 387
AN ACT relating to forest practice and reforestation; allowing the division of forestry of the state department of conservation and natural resources to accept, sell, manage, protect and reforest any donated lands; providing for the repurchase of donated lands; and providing other matters properly relating thereto.
[Approved April 21, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the terms defined in sections 3 to 16, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Adequately stocked means a stand having sound, thrifty trees well distributed over the growing area (rocky areas, meadows and bodies of water excepted) in which one or a combination of the following listed conditions are met:
κ1971 Statutes of Nevada, Page 755 (CHAPTER 387, SB 100)κ
1. 420 trees per acre, 12 inches in height, but less than 4 inches d.b.h. (10 feet average spacing).
2. 150 trees per acre, 4 to 6 inches d.b.h. (17 feet average spacing).
3. 75 trees per acre, 8 to 10 inches d.b.h. (24 feet average spacing).
4. 40 trees per acre, 12 inches d.b.h. or larger (31 feet average spacing).
Sec. 4. d.b.h. means diameter breast high measured outside the bark at 4.5 feet above average ground level.
Sec. 5. Director means the director of the state department of conservation and natural resources.
Sec. 6. Division means the division of forestry of the state department of conservation and natural resources.
Sec. 7. Dry season means that period of the year from the time fires will spread in the spring until there is no longer danger of spreading in the fall.
Sec. 8. Lop means severing all limbs from the exposed sides of the unutilized portions of trees felled in harvesting operations so that portions of the severed limbs are in contact with the ground.
Sec. 9. Old growth refers to stands of essentially undisturbed virgin timber on which less than 25 percent of the volume has been removed by cutting, fire or other causes.
Sec. 10. Operating area means any of the following:
1. A strip of land 100 feet on each side of the centerline of any private logging-truck road.
2. Any area occupied by or within one-quarter mile of any active logging camp or active sawmill, or upon which construction work is in progress, and owned or controlled by the operator.
3. That area on which timber or forest operations are being carried on during the current season.
Sec. 11. Prior-cut refers to stands from which 25 to 70 percent of virgin timber has been removed for at least 10 years by cutting, fire or other causes.
Sec. 12. Seed tree means a firm coniferous tree with full crown now capable of producing seed.
Sec. 13. Slash means the needles, twigs, branches or limbs of 4 inches or smaller in diameter left on the ground as a result of logging or other operations.
Sec. 14. Snag means a standing dead tree or standing section thereof.
Sec. 15. Thrifty trees means trees with usually long, full, pointed tops and lower limbs frequently dead, but containing very few dead limbs in the upper green portion of the crown. Such trees usually fall within Dunnings tree classes 1 and 2, and Keens tree classes 1a, 1b, 2a and 2b.
Sec. 16. Young growth refers to stands composed mainly of young, thrifty trees from which 70 percent or more of virgin timber has been removed for at least 10 years by cutting, fire or other causes.
Sec. 17. The division is hereby authorized to accept and to reforest, protect and manage any tract of land adaptable to forest growth deeded to the State of Nevada subject to the following limitations:
1. No cost of purchase shall accrue against the state.
κ1971 Statutes of Nevada, Page 756 (CHAPTER 387, SB 100)κ
2. No more than 500 acres from one person may be accepted unless it will simplify a transfer, survey or establishment of boundaries.
Sec. 18. 1. Any person donating land to the state and the heirs and assigns of any person who donated land to the state shall have the right, within 10 years from the date of conveyance to the state, to repurchase such land at the cost of improvements and interest of 4 percent a year.
2. Upon repurchase of any donated land, the repurchaser shall have the benefit of any profit derived from the sale of forest products during the period the division held the land.
Sec. 19. 1. After 10 years from the date of conveyance to the state, any donated land may be sold, or the wood and timber thereon may be sold by the division with the approval of the director and the governor.
2. All sales of donated land or the sale of the wood or timber thereon shall be advertised and awarded to the highest bidder, with the express provision that the state may reject any and all bids.
3. All revenue received by the division pursuant to sections 17 to 19, inclusive, of this act shall be deposited in the state tree planting revolving fund.
Sec. 20. NRS 528.020 is hereby repealed.
________
Senate Bill No. 259Committee on Public Resources
CHAPTER 388
AN ACT relating to regulation of watercraft; specifying duties and responsibilities of the Nevada department of fish and game and the state board of fish and game commissioners under the Nevada Boat Act; providing that only current decals may appear on motorboats required to be registered; prohibiting installation of sirens on certain vessels; providing for the marking of areas where vessel operation is restricted; providing for compensation of agents; and providing other matters properly relating thereto.
[Approved April 21, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the state board of fish and game commissioners.
2. Department means the Nevada department of fish and game.
3. Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
[3.] 4. Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
κ1971 Statutes of Nevada, Page 757 (CHAPTER 388, SB 259)κ
whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
[4.] 5. Operate means to navigate or otherwise use a motorboat or a vessel.
[5.] 6. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not such person lends, rents or pledges such vessel; and
(b) A debtor under a security agreement relating to a vessel. Owner does not include a person defined as a legal owner under subsection [2.] 3.
[6.] 7. Person means an individual, partnership, firm, corporation, association or other entity.
[7.] 8. Registered owner means the person registered by the commission as the owner of a vessel.
[8.] 9. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[9.] 10. Waters of this state means any waters within the territorial limits of this state.
Sec. 2. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for number with the [commission] department on forms approved by it accompanied by proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Nevada tax commission, or by proof of exemption from such taxes as provided in NRS 372.320, and by such evidence of ownership as the [commission] department may require. The [commission] department shall not issue a number or certificate of number until such evidence is presented to it.
2. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of $3. All fees received by the [commission] department under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the [commission] department shall:
(a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner and legal owner.
(b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.
3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the commission in order that it may be clearly visible.
κ1971 Statutes of Nevada, Page 758 (CHAPTER 388, SB 259)κ
visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the commission as to size, color and type of number shall be in conformity therewith.
4. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
5. The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be $3.
Sec. 3. NRS 488.095 is hereby amended to read as follows:
488.095 1. Should the ownership of a motorboat change, a new application form with fee shall be filed with the [commission] department and a new certificate of number shall be awarded in the same manner as provided for in an original award of number.
2. A person may transfer a registration from a motorboat of which he disposes to another motorboat upon application to the [commission] department and payment of a transfer fee of $2.
Sec. 4. NRS 488.115 is hereby amended to read as follows:
488.115 1. The [commission] department may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts such authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any rules and regulations of the commission, shall be valid as if awarded directly by the [commission.] department. At the time that an agent forwards moneys collected to the department he may retain the amount set by the commission for awarding certificates of number, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per certificate of number in any instance.
2. All records of the [commission] department made or kept pursuant to this section are public records.
Sec. 5. NRS 488.145 is hereby amended to read as follows:
488.145 1. The owner shall furnish the [commission] department notice of the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in this state pursuant to NRS 488.075 and 488.085 or of the destruction or abandonment of such motorboat, within 15 days thereof.
2. Such transfer, destruction or abandonment shall terminate the certificate of number for such motorboat, but if a transfer of a part interest does not affect the owners right to operate such motorboat, such transfer shall not terminate the certificate of number.
Sec. 6. NRS 488.155 is hereby amended to read as follows:
488.155 1. Any holder of a certificate of number shall notify the [commission] department within 15 days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the [commission] department with his new address.
κ1971 Statutes of Nevada, Page 759 (CHAPTER 388, SB 259)κ
address. The [commission] department shall give written notice of such new address to the appropriate county assessor.
2. The commission may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.
Sec. 7. NRS 488.165 is hereby amended to read as follows:
488.165 No number or decal other than the number or decal awarded to a motorboat or granted reciprocity pursuant to the provisions of this chapter may be painted, attached or otherwise displayed on either side of the bow of such motorboat. Only the current decal may be displayed or otherwise attached on either side of the bow of such motorboat.
Sec. 8. NRS 488.175 is hereby amended to read as follows:
488.175 1. Except as provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:
(a) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, if such boat has not been within this state for a period in excess of 90 consecutive days.
(b) A motorboat from a country other than the United States temporarily using the waters of this state.
(c) A public vessel of the United States, a state or a political subdivision of a state.
(d) A ships lifeboat.
(e) A motorboat belonging to a class of boats which has been exempted from numbering by the commission after it has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the commission has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.
2. The [commission] department, pursuant to commission regulation, may issue exempt numbers for motorboats not required to be registered under the provisions of this chapter.
Sec. 9. NRS 488.195 is hereby amended to read as follows:
488.195 1. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
2. The use of cutouts is prohibited.
3. Subsections 1 and 2 do not apply to:
(a) Motorboats competing in a regatta or boat race approved as provided in NRS 488.305;
(b) Such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding such regatta or boat race;
(c) Such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or boat race; or
(d) Any motorboat operating under a separate permit issued by the [commission] department for the purpose of tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.
κ1971 Statutes of Nevada, Page 760 (CHAPTER 388, SB 259)κ
[commission] department for the purpose of tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.
4. The [commission] department shall issue permits for the purposes enumerated in paragraph (a) of subsection 3, under such conditions and restrictions as the commission determines necessary to prevent a public nuisance and to assure the public safety. The commission may adopt rules and regulations to carry out the provisions of this subsection.
Sec. 10. NRS 488.197 is hereby amended to read as follows:
488.197 1. No vessel shall be equipped with nor shall any person use or install upon a vessel a siren, except as otherwise provided in this chapter.
2. Any authorized emergency vessel, when approved by the [commission,] department, may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but such siren shall not be used except when such vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.
Sec. 11. NRS 488.215 is hereby amended to read as follows:
488.215 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or other casualty results in death or injury to a person or damage to property in excess of $100, shall file with the [commission] department a full description of the collision, accident or other casualty, including such information as the commission may, by regulation, require.
Sec. 12. NRS 488.225 is hereby amended to read as follows:
488.225 In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the [commission] department pursuant to NRS 488.215 shall be transmitted to such official or agency of the United States.
Sec. 13. NRS 488.247 is hereby amended to read as follows:
488.247 1. No person may operate a vessel, other than a patrol vessel, in an area designated as restricted, except in an emergency. Such area shall be designated only with the consent of the commission and shall be clearly marked.
2. The commission may adopt regulations relating to the operation of vessels in areas properly marked by divers flags or other suitable devices.
Sec. 14. NRS 488.305 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 761 (CHAPTER 388, SB 259)κ
488.305 1. The [commission] department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. [It] The commission shall adopt [and may, from time to time, amend] regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.
2. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall at least 15 days prior thereto, file an application with the [commission] department for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition.
3. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without the written authorization of the [commission.] department.
4. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein requires the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
5. No person may operate any motorboat in any race on the waters of this state unless such person is a member of the American Power Boat Association or the National Outboard Association or of some organization affiliated therewith.
Sec. 15. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. All boats located upon waters of this state shall be subject to inspection by the [commission] department or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of this chapter.
3. All boats located upon waters of this state shall be subject to inspection by the health division of the department of health, welfare and rehabilitation or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of NRS 488.315 to 488.335, inclusive.
________
κ1971 Statutes of Nevada, Page 762κ
Senate Bill No. 293Senator Drakulich
CHAPTER 389
AN ACT relating to land usage; requiring a revised plat to be filed when the plat is altered; extending the 1-mile limit to 3 miles for purposes of filing a plat; and providing other matters properly relating thereto.
[Approved April 21, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.040 is hereby amended to read as follows:
116.040 1. The map or plat shall be certified by the surveyor making the same, which certificate shall be substantially as follows:
I, .................................. (surveyors name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys and public places at the instance of .................................. (give name of owner or trustee); that the location of the blocks, lots, streets, alleys and public places has been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within .................................. (give description by metes and bounds or by legal subdivision); that the survey was completed on the .................. day of .................................. (give date).
2. The map or plat shall:
(a) Be acknowledged by the owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real property; and
(b) If the land is situated in any city or town, or outside any city or town, but within [1 mile] 3 miles of the limits of the same, be approved by the legislative authority of the city or town in which the land is situated, and in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and
(c) If the land is situated more than 1 mile from the limits of any city or town, be approved by the board of county commissioners of the county in which the land is situated.
3. When so acknowledged, certified and approved, the original and one copy of the map or plat shall be filed in the office of the county recorder of the county in which the lands so platted and laid out are situated and one copy of the map or plat shall be filed, without charge, in the office of the county assessor of the county where the lands are situated.
4. No city or town or county legislative authority shall approve or accept for filing any map or plat under this chapter that does not conform to the requirements of this chapter.
Sec. 2. NRS 116.120 is hereby amended to read as follows:
116.120 1. The city council or board of county commissioners, as the case may be, shall, upon its own motion, publish notice of its intention to alter, change or vacate a portion of any plat filed in accordance with the provisions of this chapter, or street or alley therein at the meeting of the council or board stated in the notice.
κ1971 Statutes of Nevada, Page 763 (CHAPTER 389, SB 293)κ
2. The notice shall be published once in a newspaper of general circulation published in the city or county and the notice shall be published at least 10 days prior to the time of the meeting stated in the notice.
3. Any persons desiring to object to the proposed alteration, change or vacation may appear at the meeting and shall be heard.
4. If, after the hearing, the city council or board of county commissioners, as the case may be, deems it for the best interest of the public and that no person will be materially injured thereby, it may order such portion of any plat or street or alley therein vacated, altered or changed.
5. The order shall be duly recorded in the office of the county recorder of the county where the land is situated, and shall be endorsed by the recorder upon the map or plat thereof on file therein so as to clearly indicate the portion thereof so vacated, altered or changed.
6. The city council or board of county commissioners, as the case may be, shall cause to be prepared a revised plat plainly showing the approved changes, and record it with the county recorder of the county in which the property is located after such revised plat has been approved by the city council or board of county commissioners. Such revised plat shall comply with all the requirements of this chapter.
Sec. 3. NRS 268.210 is hereby amended to read as follows:
268.210 The city planning commission shall be authorized to represent the city and to appear and be heard by the board of county commissioners in the matter of the approval by the board of county commissioners of any map or plat of land laid out in streets, alleys and public places when the same is situate with [1 mile] 3 miles outside the city limits of any incorporated city or town in which there is created a city planning commission, and which shall be exterior to the boundaries of any other incorporated city or town within such [1-mile] 3-mile limit, when such map or plat is submitted to the board of county commissioners under the provisions of NRS 116.040.
Sec. 4. NRS 270.160 is hereby amended to read as follows:
270.160 1. Any owner or owners of platted land in an incorporated city may make application in writing to the city council of the city wherein such land is situated for the vacation of the portion of the plat so owned by him or them, together with such portion of any and all streets, alleys and public ways as adjoin or abut the same.
2. Such application shall particularly describe the portion of the plat, and of the streets, alleys and public ways sought to be vacated, and shall be signed by the applicant or applicants.
3. A copy of such application shall be published at the expense of the applicant or applicants in a newspaper of general circulation published in such city, at least once a week for 3 successive weeks, which publication shall be deemed due and sufficient notice to all persons interested of the nature and purpose of such application.
4. Upon the filing of such application and proof of publication with the city clerk, the city council shall, at its next regular meeting, proceed to hear, consider and dispose of the same, and if the city council be satisfied that neither the public nor any person will be materially injured thereby, it shall order such portion of the plat, streets, alleys and public ways vacated in accordance with such application, a certified copy of which order shall be duly recorded in the office of the recorder of the county wherein such land is situated.
κ1971 Statutes of Nevada, Page 764 (CHAPTER 389, SB 293)κ
county wherein such land is situated. Such county recorder shall endorse the information contained in the order on the original plat.
5. Such owner or owners shall cause to be prepared, at their expense, a revised plat plainly showing the approved vacation, and record it with the county recorder of the county in which the property is located after such revised plat has been approved by the city council. Such revised plat shall comply with all requirements of this chapter.
________
Senate Bill No. 629Committee on Finance
CHAPTER 390
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved April 21, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 91Committee on Judiciary
CHAPTER 391
AN ACT relating to the enforcement and administration of state gaming laws and regulations; amending the Nevada Gaming Control Act by changing the organizational structure and operational procedures of the state gaming control board and the Nevada gaming commission; defining certain words and terms; changing the name and broadening the membership of the gaming policy board; providing qualifications and compensation of members of the state gaming control board; requiring the establishment of an employment plan for employees of the state gaming control board and providing other details concerning board employees; exempting Nevada gaming commission members and members of the state gaming control board from the provisions of chapter 284 of NRS (State Personnel System); and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Executive director means the chairman and executive director of the state gaming control board.
κ1971 Statutes of Nevada, Page 765 (CHAPTER 391, SB 91)κ
Sec. 3. Executive secretary means the executive secretary of the state gaming control board and ex officio executive secretary of the Nevada gaming commission.
Sec. 4. Fiscal director means the member of the state gaming control board designated as such in charge of the fiscal division of the state gaming control board.
Sec. 5. Surveillance director means the member of the state gaming control board designated as such in charge of the surveillance division of the state gaming control board.
Sec. 6. 1. The board shall be organized in three functional divisions: Administrative, fiscal and surveillance.
2. The administrative division, under the supervision of the executive director and the executive secretary, shall perform all general administrative and clerical functions of the board and the commission, including maintenance of files and records, budgeting, personnel administration and purchasing, and shall provide all necessary clerical and other services to the commission and the other divisions of the board.
3. The fiscal division, under the supervision of the fiscal director, shall perform all fiscal functions of the board, including economic research, tax collection and auditing.
4. The surveillance division, under the supervision of the surveillance director, shall perform all enforcement and investigative functions of the board.
5. The executive secretary shall assist the executive director in administrative matters, and shall also serve as executive secretary to the commission.
Sec. 7. 1. The position of executive secretary of the state gaming control board is hereby created.
2. The executive secretary shall:
(a) Be appointed by the board with the approval of the commission, and may be removed by the board with the concurrence of the commission.
(b) Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills.
(c) Receive an annual salary in the amount specified by the commission within the limits of legislative appropriations or authorizations.
Sec. 8. NRS 463.0101 is hereby amended to read as follows:
463.0101 As used in this chapter, the words and terms defined in NRS 463.0102 to 463.0127, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in NRS 463.0102 to 463.0127, inclusive, and sections 2 to 5, inclusive, of this act, unless a different meaning clearly appears in the context.
Sec. 9. NRS 463.0105 is hereby amended to read as follows:
463.0105 Chairman means the chairman and executive director of the state gaming control board or the chairman of the Nevada gaming commission.
Sec. 10. NRS 463.021 is hereby amended to read as follows:
463.021 1. The gaming policy [board,] committee, consisting of the governor as chairman and [the members of the commission and of the board,] one member of the commission, one member of the board, two members to represent the gaming industry, and two members to represent the general public, is hereby created.
κ1971 Statutes of Nevada, Page 766 (CHAPTER 391, SB 91)κ
two members to represent the gaming industry, and two members to represent the general public, is hereby created. The commission member shall be designated by the commission, and the board member shall be designated by the board. The governor shall appoint the members to represent the general public, which members shall serve at his pleasure. The members to represent the gaming industry shall be appointed by the governor as follows:
(a) One member, who shall be a resident of Clark or Lincoln counties, from among persons nominated by recognized gaming industry associations and groups located in such counties; and
(b) One member, residing elsewhere in the state, from among persons nominated by recognized gaming industry associations and groups located elsewhere in the state.
2. The governor may, from time to time, call meetings of the gaming policy [board] committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the committee shall be deemed advisory and not binding on the board or the commission in the performance of their duties and functions.
Sec. 11. NRS 463.027 is hereby amended to read as follows:
463.027 1. [The commission may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge an executive secretary, who shall receive an annual salary in the amount specified in NRS 281.115, and who shall perform such duties as the commission may require, and such other personnel as it may deem necessary.
(c) Acquire] The board shall furnish to the commission such administrative and clerical services and such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as [it] the commission may deem necessary or desirable in carrying out its functions.
[(d) Incur such other expenses, within the limit of funds available to it as it may deem necessary.]
2. Except as otherwise provided in this chapter, all costs of administration incurred by the board on behalf of the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.
[3. The commission shall classify its employees, the number of which is not limited, as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto except NRS 284.350 and 284.355. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in NRS 281.115.]
Sec. 12. NRS 463.040 is hereby amended to read as follows:
463.040 1. Each member of the board shall:
(a) Be a citizen of the United States.
(b) Be, or within 6 months after appointment become and remain, a resident of the State of Nevada.
κ1971 Statutes of Nevada, Page 767 (CHAPTER 391, SB 91)κ
2. No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party shall be eligible to appointment to the board.
3. It is the intention of the legislature that the board shall be composed of the most qualified persons [available, preferably having training or practical experience in any of the following fields of endeavor: Accountancy, administration, investigation, law enforcement, law or gaming.] available.
4. The chairman of the board, who shall serve as its executive director, shall have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills.
5. One member of the board, who shall serve as its fiscal director, shall be a certified public accountant licensed by this state or another state of the United States or a public accountant qualified to practice public accounting under the provisions of chapter 628 of NRS, have 5 years of progressively responsible experience in general accounting, and have a comprehensive knowledge of the principles and practices of corporate finance; or such person shall possess the qualifications of an expert in the fields of corporate finance and auditing, general finance, gaming or economics.
6. One member of the board, who shall serve as its surveillance director, shall be selected with special reference to his training and experience in the fields of investigation, law enforcement, law or gaming.
Sec. 13. NRS 463.050 is hereby amended to read as follows:
463.050 1. Appointments to the board, except those to fill unexpired terms, shall be for terms as follows:
(a) Two members for 4 years.
(b) One member for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
2. Appointments to the board shall be made by the governor and members shall serve at the pleasure of the governor.
3. Appointments to fill vacancies on the board shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
4. The governor shall designate the member to serve as chairman and executive director, who shall coordinate the activities of the board.
Sec. 14. NRS 463.070 is hereby amended to read as follows:
463.070 1. The board members shall each receive an annual salary in the amount specified [in NRS 281.115.] by the legislature.
2. In addition to the salary set forth above, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 15. NRS 463.080 is hereby amended to read as follows:
463.080 1. [The] Subject to the provisions of section 6 of this act, the board may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) [Employ, discipline and discharge such personnel as it may deem necessary.
κ1971 Statutes of Nevada, Page 768 (CHAPTER 391, SB 91)κ
(c)] Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
[(d)] (c) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
[(e)] 2. Except as otherwise provided in this chapter, all costs of administration incurred by the board shall be paid out on claims from the general fund in the same manner as other claims against the state are paid.
[2. The board shall classify its employees, the number of which is not limited, as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the board, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto except NRS 284.350 and 284.355. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in NRS 281.115.]
3. The board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the board and commission may require.
4. The members of the board and all the personnel of the board, except clerical employees, shall be exempt from the provisions of chapter 284 of NRS. They shall be entitled to such leaves of absence as the board prescribes; but such leaves shall not be of lesser duration than those provided for other state employees pursuant to chapter 284 of NRS.
5. Clerical employees of the board shall be in the classified service pursuant to the provisions of chapter 284 of NRS, except for purposes of removal; and they shall receive an annual salary which shall be fixed in accordance with the pay plan adopted under the provisions of chapter 284 of NRS.
6. The board and the commission shall, by suitable regulations, establish a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. Such regulations shall include provisions for hearings in personnel matters and for review of adverse actions taken in such matters.
Sec. 16. NRS 284.013 is hereby amended to read as follows:
284.013 [The provisions of this chapter do not apply to agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of the state government. Terms and conditions of employment of such personnel, including salaries and leaves of absence, shall be fixed by the appointing or employing authority within the limits of legislative appropriations.] 1. The provisions of this chapter do not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of state government; or
(b) Members of the Nevada gaming commission or members of the state gaming control board.
κ1971 Statutes of Nevada, Page 769 (CHAPTER 391, SB 91)κ
2. Terms and conditions of employment of all persons referred to in subsection 1, including salaries and leaves of absence (including, without limitation, annual leave and sick and disability leave), shall be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations; but such leaves of absence so prescribed shall not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter.
________
Assembly Bill No. 580Committee on Commerce
CHAPTER 392
AN ACT relating to the Nevada industrial commission; permitting the use of a rating service by the commission in determining industrial insurance premiums; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the commission to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the commission: [shall:]
(a) [Apply] Shall apply that form of rating system which, in its judgment, is best calculated to merit or rate individually the risk more equitably, predicated upon the basis of the employers individual experience; [and]
(b) [Adopt] Shall adopt equitable rules and regulations controlling the same, which rules and regulations, however, shall conserve to each risk the basic principles of workmens compensation insurance [.] ; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system [provided by] or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate or additional charge or rebate of premium contributions shall be in the discretion of the commission, but shall not exceed 20 percent where the accident experience of an employer comprises less than 24 consecutive months or 30 percent where the accident experience comprises more than 24 consecutive months.
3. The rating system provided by this section is subject to the further limitation that no increase or reduction of premium rate or additional charge or rebate of premium contributions shall become effective for 60 days after adoption by the commission. Upon the adoption of any increase or reduction of premium rate or additional charge or rebate of premium contributions provided by this section the commission shall give written notice thereof to the employer affected by such rate change, charge or rebate and grant the employer, if requested by him, a hearing before the commission prior to the effective date of such rate change, charge or rebate.
κ1971 Statutes of Nevada, Page 770 (CHAPTER 392, AB 580)κ
rebate. At such hearing consideration shall be given to the objections as made by the parties appearing, and all matters in dispute shall be resolved after such hearing by the commission in a manner which will not unjustly affect the objecting party. The objective to be accomplished by the commission shall be to prescribe and collect only such premiums as may be necessary to pay the obligations created by this chapter, administrative expenses, and to carry such reasonable reserves as may be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.
________
Assembly Bill No. 586Committee on Commerce
CHAPTER 393
AN ACT relating to Nevada industrial insurance; authorizing compensation for emergency treatment performed prior to an application for such compensation under certain circumstances.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.545 is hereby amended to read as follows:
616.545 1. If change of circumstances warrants an increase or rearrangement of compensation, application shall be made therefor. The application shall be accompanied by the certificate of a physician, showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement shall be operative for any period prior to application therefor [.] ; but the commission may allow the cost of emergency treatment the necessity for which has been certified to by a physician and upon receipt of such other evidence as may be required by the commission.
2. No application shall be valid or claim thereunder enforcible unless filed within 1 year after the day upon which the injury occurred or the right thereto accrued.
________
Assembly Bill No. 582Committee on Commerce
CHAPTER 394
AN ACT relating to Nevada industrial insurance; entitling an injured employee to an explanation of the alternatives to and consequences of a settlement.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every injured employee, widow, widower or dependent, within the provisions of this chapter, shall be entitled to receive from a qualified employee of the commission an explanation of the various alternatives implicit in lump sum compensation or other settlement under this chapter and the long-range effects of a determination made as to one or the other kind of settlement.
κ1971 Statutes of Nevada, Page 771 (CHAPTER 394, AB 582)κ
implicit in lump sum compensation or other settlement under this chapter and the long-range effects of a determination made as to one or the other kind of settlement.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 563Mr. Fry
CHAPTER 395
AN ACT relating to parking area keepers; prohibiting towing and removing vehicles for a certain period after the expiration of the parking period for which a particular fee is paid; prohibiting towing and removal of vehicles when there was no attendant on duty to permit the patron to pay parking charges at the time a vehicle is first parked; providing an exception; requiring notification of the police department or sheriffs office if a vehicle is towed without the knowledge of the registered owner; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person engaged in the operation of off-street parking facilities to:
(a) Tow or remove or authorize the towing and removal of any vehicle within 24 hours of the expiration of the period for which a particular fee is paid. This subsection shall not affect or limit any parking lot operator from charging parking fees in accordance with his posted schedule for the additional time such vehicle is parked.
(b) Tow or remove or authorize the towing and removal of any vehicle when such parking facilities are held open for public use and there was no attendant on duty or other facilities permitting the patron to pay or remit the parking charges at the time such vehicle was first parked. This subsection shall not affect or limit any parking lot operator from charging parking fees in accordance with his posted schedule for the time such vehicle is parked.
2. Notwithstanding the provisions of subsection 1, such person operating off-street parking facilities may authorize the towing or removing of, may tow or may remove any vehicle parked where such facilities provided the opportunity to take or purchase a ticket or time slip, and no such ticket or time slip was purchased.
3. Any person, firm or corporation that tows a vehicle without the knowledge of the registered owner thereof shall immediately report such towing by oral communication to the police department of the city or to the sheriffs office of the county where such towing is done. The oral communication shall include the time of such towing and the location from which and to which the vehicle has been towed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 772κ
Senate Bill No. 515Committee on Judiciary
CHAPTER 396
AN ACT relating to state financial administration; repealing an obsolete section relating to state claims against the Federal Government for war expenditures.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.105 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 200Senator Pozzi
CHAPTER 397
AN ACT making a supplemental appropriation from the general fund in the state treasury for the support of the governors mansion for the fiscal year ending June 30, 1971; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury the sum of $4,742 for the support of the governors mansion as an additional and supplemental appropriation to that allowed and made by section 2 of chapter 658, Statutes of Nevada 1969.
Sec. 2. After June 30, 1971, unexpended balances of the appropriation herein made for the fiscal year 1970-1971 shall not be encumbered or committed for expenditure and shall revert to the fund from which appropriated on June 30, 1972.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 333Committee on Judiciary
CHAPTER 398
AN ACT relating to child abuse and neglect; providing an additional penalty for certain cases of such abuse and neglect.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 200 is hereby amended by adding thereto a new section which shall read as follows:
1. Any adult person having the care, custody of control of a minor child under the age of 18 years who willfully causes or permits such child to suffer unjustifiable physical pain, mental suffering, serious injury or injuries inflicted as the result of abuse or neglect, or who causes or permits the life of such child to be endangered or the health of such child to be injured, or who willfully causes or permits such child to be placed in such situation that its life or limb may be in danger or its health likely to be injured is guilty of a gross misdemeanor.
κ1971 Statutes of Nevada, Page 773 (CHAPTER 398, SB 333)κ
child under the age of 18 years who willfully causes or permits such child to suffer unjustifiable physical pain, mental suffering, serious injury or injuries inflicted as the result of abuse or neglect, or who causes or permits the life of such child to be endangered or the health of such child to be injured, or who willfully causes or permits such child to be placed in such situation that its life or limb may be in danger or its health likely to be injured is guilty of a gross misdemeanor.
2. Nothing contained in this section shall be construed to mean a child is abused or neglected, or that the health of a child is endangered for the sole reason his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, which treatment is recognized and permitted under the laws of this state in lieu of medical treatment.
3. As used in this section, permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 325Committee on Judiciary
CHAPTER 399
AN ACT relating to writs of habeas corpus; providing additional grounds for discharging a prisoner.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 34.500 is hereby amended to read as follows:
34.500 If it appears on the return of the writ of habeas corpus that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, such prisoner may be discharged, in any one of the following cases:
1. When the jurisdiction of such court or officer has been exceeded.
2. When the imprisonment was at first lawful, yet by some act, omission or event, which has taken place afterwards, the party has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law, rendering such process void.
4. When the process, though proper in form, has been issued in a case not allowed by law.
5. When the person having the custody of the prisoner is not the person allowed by law to detain him.
6. Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
7. Where a party has been committed or indicted on a criminal charge, including a misdemeanor, except misdemeanor violations of chapter 484 of NRS or any ordinance adopted by a city or county to regulate traffic, without reasonable or probable cause.
κ1971 Statutes of Nevada, Page 774 (CHAPTER 399, SB 325)κ
8. Where a party has been committed or indicted on any criminal charge under a statute or ordinance that is unconstitutional, or if constitutional on its face is unconstitutional in its application.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 328Committee on Education
CHAPTER 400
AN ACT to amend NRS 625.530, relating to services of professional engineers and architects in the construction of public works, by limiting its provision to higher maximum-cost projects.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 625.530 is hereby amended to read as follows:
625.530 1. It is unlawful for the State of Nevada or any of its political subdivisions, such as a county, city or town, to engage in the construction of any public work requiring the practice of engineering, unless the plans, specifications and estimates have been prepared by, and the construction executed under the supervision of, a registered professional engineer or a duly licensed architect.
2. Nothing in this section shall be:
(a) Held to apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed [$2,000.] $15,000.
(b) Deemed to include any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Deemed to authorize either a professional engineer or a licensed architect or a registered land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 277Mr. Smith
CHAPTER 401
AN ACT relating to the state planning board; empowering the board to use grants of money for public buildings or projects for which no legislative appropriation is provided; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may, with the concurrence of the interim finance committee, use grants of money received under authority of this chapter, unless otherwise limited by the conditions of any such grant, for:
κ1971 Statutes of Nevada, Page 775 (CHAPTER 401, AB 277)κ
use grants of money received under authority of this chapter, unless otherwise limited by the conditions of any such grant, for:
1. The design and construction of public buildings or projects for which no appropriation has been made by the legislature.
2. Additional design and construction costs on public buildings or projects, through appropriate contract procedures, for which the original legislative appropriation made no provision.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 12Senators Close, Young and Swobe
CHAPTER 402
AN ACT relating to evidence; to harmonize and codify the applicable law; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 47 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. 1. This Title governs proceedings in the courts of the State of Nevada and before magistrates, except:
(a) To the extent to which its provisions are relaxed by a statute or procedural rule applicable to the specific situation; and
(b) As otherwise provided in subsection 3.
2. The provisions of chapter 49 of NRS with respect to privileges apply at all stages of all proceedings.
3. The other provisions of this Title do not apply to:
(a) Issuance of warrants for arrest, criminal summonses and search warrants.
(b) Proceedings with respect to release on bail.
(c) Sentencing, granting or revoking probation.
(d) Proceedings for extradition.
Sec. 3. The purposes of this Title are to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Sec. 4. 1. Except as otherwise provided in subsection 2, error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and:
(a) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection.
(b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked.
κ1971 Statutes of Nevada, Page 776 (CHAPTER 402, SB 12)κ
2. This section does not preclude taking notice of plain errors affecting substantial rights although they were not brought to the attention of the judge.
Sec. 5. The judge may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. He may direct the making of an offer in question and answer form, and on request shall do so in actions tried without a jury, unless it clearly appears that the evidence is not admissible on any ground or is privileged.
Sec. 6. 1. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the judge, subject to the provisions of section 7 of this act.
2. In making his determination he is not bound by the provisions of this Title except the provisions of chapter 49 of NRS with respect to privileges.
Sec. 7. 1. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
2. If under all the evidence upon the issue the jury might reasonably find that the fulfillment of the condition is not established, the judge shall instruct the jury to consider the issue and to disregard the evidence unless they find the condition was fulfilled.
3. If under all the evidence upon the issue the jury could not reasonably find that the condition was fulfilled, the judge shall instruct the jury to disregard the evidence.
Sec. 8. In jury cases, hearings on preliminary questions of admissibility, offers of proof in narrative or question and answer form, and statements of the judge showing the character of the evidence shall to the extent practicable, unless further restricted by section 9 of this act, be conducted out of the hearing of the jury, to prevent the suggestion of inadmissible evidence.
Sec. 9. Preliminary hearings on the admissibility of confessions or statements by the accused or evidence allegedly unlawfully obtained shall be conducted outside the hearing of the jury. The accused does not by testifying at the hearing subject himself to cross-examination as to other issues in the case. Testimony given by him at the hearing is not admissible against him on the issue of guilt at the trial.
Sec. 10. Sections 6 to 9, inclusive, of this act do not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
Sec. 11. When evidence which is admissible as to one party or for one purpose but inadmissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Sec. 12. 1. When any part of a writing or recorded statement is introduced by a party, he may be required at that time to introduce any other part of it which is relevant to the part introduced, and any party may introduce any other relevant parts.
κ1971 Statutes of Nevada, Page 777 (CHAPTER 402, SB 12)κ
2. This section does not limit cross-examination.
Sec. 13. 1. The facts subject to judicial notice are facts in issue or facts from which they may be inferred.
2. A judicially noticed fact must be:
(a) Generally known within the territorial jurisdiction of the trial court; or
(b) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned,
so that the fact is not subject to reasonable dispute.
Sec. 14. The laws subject to judicial notice are:
1. The Constitution and statutes of the United States, and the contents of the Federal Register.
2. The constitution of this state and Nevada Revised Statutes.
3. Any other statute of this state if brought to the attention of the court by its title and the day of its passage.
4. A county, city or town code which has been filed as required by NRS 244.118, 266.160, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.
5. A regulation of an agency of this state which has been adopted pursuant to NRS 233B.060 and filed pursuant to NRS 233B.070.
6. The class and organization of a city incorporated under general law.
7. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.
Sec. 15. 1. A judge or court may take judicial notice, whether requested or not.
2. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information.
Sec. 16. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter to be noticed.
Sec. 17. Judicial notice may be taken at any stage of the proceeding prior to submission to the court or jury.
Sec. 18. 1. A presumption, other than a presumption against the accused in a criminal action, imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.
2. As applied to presumptions, direct evidence means evidence which tends to establish the existence or nonexistence of the presumed fact independently of the basic facts.
Sec. 19. When a presumption is made conclusive by statute or no direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact depends upon the existence of the basic facts and is determined as follows:
1. If reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, the judge shall direct the jury to find in favor of the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the evidence does not render the existence of the basic facts more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
κ1971 Statutes of Nevada, Page 778 (CHAPTER 402, SB 12)κ
not render the existence of the basic facts more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
3. If reasonable minds would not necessarily agree as to whether the evidence renders the existence of the basic facts more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact if they find from the evidence that the existence of the basic facts is more probable than not, but otherwise to find against the existence of the presumed fact.
Sec. 20. When reasonable minds would necessarily agree that the evidence renders the existence of the basic facts more probable than not, but direct evidence is introduced contrary to the existence of the presumed fact, the question of the existence of the presumed fact is determined as follows:
1. If reasonable minds would necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the direct evidence does not render the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find in favor of the presumed fact.
3. If reasonable minds would not necessarily agree as to whether the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact unless they find from the direct evidence that its nonexistence is more probable than its existence, in which event they should find against its existence.
Sec. 21. When reasonable minds would necessarily agree that the evidence does not render the existence of the basic facts more probable than not, but direct evidence is introduced concerning the existence of the presumed fact, the judge shall submit the matter to the jury with an instruction to determine the existence of the presumed fact from the direct evidence without reference to the presumption.
Sec. 22. When reasonable minds would not necessarily agree as to whether the evidence renders the existence of the basic facts more probable than not, and direct evidence is introduced concerning the existence of the presumed fact, the question of the existence of the presumed fact is determined as follows:
1. If reasonable minds would necessarily agree that the direct evidence renders the existence of the presumed fact more probable than not, the judge shall direct the jury to find in favor of the existence of the presumed fact.
2. If reasonable minds would necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall direct the jury to find against the existence of the presumed fact.
3. If reasonable minds would not necessarily agree that the direct evidence renders the nonexistence of the presumed fact more probable than not, the judge shall submit the matter to the jury with an instruction to find in favor of the existence of the presumed fact if they find from the evidence that the existence of the basic facts is more probable than not and unless they find the nonexistence of the presumed fact more probable than not, otherwise to find against the existence of the presumed fact.
κ1971 Statutes of Nevada, Page 779 (CHAPTER 402, SB 12)κ
the evidence that the existence of the basic facts is more probable than not and unless they find the nonexistence of the presumed fact more probable than not, otherwise to find against the existence of the presumed fact.
Sec. 23. 1. In criminal actions, presumptions against an accused recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this section.
2. The judge shall not direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. Under other presumptions, the existence of the presumed fact may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negatives the existence of the presumed fact.
3. Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge shall give an instruction that the law declares that the jury may regard the basic facts as sufficient evidence of the presumed fact but does not require it to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge shall instruct the jury that its existence must, on all the evidence, be proved beyond a reasonable doubt.
Sec. 24. The following presumptions, and no others, are conclusive:
1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another.
2. The truth of the fact recited, from the recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title, but this rule does not apply to the recital of a consideration.
3. Whenever a party has, by his own declaration, act or omission, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it.
4. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation.
5. The judgment or order of a court, when declared by Titles, 2, 3 and 6 of NRS to be conclusive; but such judgment or order must be alleged in the pleadings if there is an opportunity to do so; if there is no such opportunity, the judgment or order may be used as evidence.
6. Any other presumption which, by statute, is expressly made conclusive.
Sec. 25. All other presumptions are disputable. The following are of that kind:
1. That an unlawful act was done with an unlawful intent.
2. That a person intends the ordinary consequences of his voluntary act.
3. That evidence willfully suppressed would be adverse if produced.
4. That higher evidence would be adverse from inferior being produced.
5. That money paid by one to another was due to the latter.
κ1971 Statutes of Nevada, Page 780 (CHAPTER 402, SB 12)κ
6. That a thing delivered by one to another belonged to the latter.
7. That things which a person possesses are owned by him.
8. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership.
9. That official duty has been regularly performed.
10. That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction.
11. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
12. That a writing is truly dated.
13. That a letter duly directed and mailed was received in the regular course of the mail.
14. That a person not heard from in 7 years is dead.
15. That a child born in lawful wedlock is legitimate.
16. That the law has been obeyed.
17. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest.
18. In situations not governed by the Uniform Commercial Code:
(a) That an obligation delivered up to the debtor has been paid.
(b) That private transactions have been fair and regular.
(c) That the ordinary course of business has been followed.
(d) That there was good and sufficient consideration for a written contract.
Sec. 26. Chapter 48 of NRS is hereby amended by adding thereto the provisions set forth as section 27 to 37, inclusive, of this act.
Sec. 27. As used in this chapter, relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.
Sec. 28. 1. All relevant evidence is admissible, except:
(a) As otherwise provided by this Title;
(b) As limited by the Constitution of the United States or of the State of Nevada; or
(c) Where a statute limits the review of an administrative determination to the record made or evidence offered before that tribunal.
2. Evidence which is not relevant is not admissible.
Sec. 29. 1. Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues or of misleading the jury.
2. Although relevant, evidence may be excluded if its probative value is substantially outweighed by considerations of undue delay, waste of time or needless presentation of cumulative evidence.
3. Evidence of another act or crime which is so closely related to an act in controversy or a crime charged that an ordinary witness cannot describe the act in controversy or the crime charged without referring to the other act or crime shall not be excluded, but a cautionary instruction shall be given explaining the reason for its admission.
κ1971 Statutes of Nevada, Page 781 (CHAPTER 402, SB 12)κ
Sec. 30. 1. Evidence of a persons character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:
(a) Evidence of his character or a trait of his character offered by an accused, and similar evidence offered by the prosecution to rebut such evidence;
(b) Evidence of the character or a trait of character of the victim of the crime offered by an accused, and similar evidence offered by the prosecution to rebut such evidence; and
(c) Evidence of the character of a witness, offered to attack or support his credibility, within the limits provided by section 78 of this act.
2. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Sec. 31. 1. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or in the form of an opinion.
2. In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be made of specific instances of his conduct.
Sec. 32. 1. Evidence of the habit of a person of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
2. Habit or routine practice may be proved by testimony in the form of an opinion or by specific instances of conduct sufficient in number to warrant a finding that the habit existed or that the practice was routine.
Sec. 33. 1. When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event.
2. This section does not require the exclusion of evidence of subsequent remedial measures when offered for another purpose, such as proving ownership, control, feasibility of precautionary measures, or impeachment.
Sec. 34. 1. Evidence of:
(a) Furnishing or offering or promising to furnish; or
(b) Accepting or offering or promising to accept,
a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible.
2. This section does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
κ1971 Statutes of Nevada, Page 782 (CHAPTER 402, SB 12)κ
Sec. 35. Evidence of furnishing or offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury.
Sec. 36. 1. Evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or any other crime is not admissible in a criminal proceeding involving the person who made the plea or offer.
2. Evidence of a plea of nolo contendere or of an offer to plead nolo contendere to the crime charged or any other crime is not admissible in a civil or criminal proceeding involving the person who made the plea or offer.
Sec. 37. 1. Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully.
2. This section does not require the exclusion of evidence of insurance against liability when it is relevant for another purpose, such as proof of agency, ownership or control, or bias or prejudice of a witness.
Sec. 38. Chapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 39 to 69, inclusive, of this act.
Sec. 39. 1. Except as otherwise required by the Constitution of the United States or of the State of Nevada, and except as provided in this Title or Title 14 of NRS, no person has a privilege to:
(a) Refuse to be a witness;
(b) Refuse to disclose any matter;
(c) Refuse to produce any object or writing; or
(d) Prevent another from being a witness or disclosing any matter or producing any object or writing.
2. This section does not:
(a) Impair any privilege created by Title 14 of NRS or by the Nevada Rules of Civil Procedure which is limited to a particular stage of the proceeding; or
(b) Extend any such privilege to any other stage of a proceeding.
Sec. 40. 1. A person making a return or report required by law to be made has a privilege to refuse to disclose and to prevent any other person from disclosing the return or report, if the law requiring it to be made so provides.
2. A public officer or agency to whom a return or report is required by law to be made has a privilege to refuse to disclose the return or report if the law requiring it to be made so provides.
3. No privilege exists under this section in actions involving false statements or fraud in the return or report.
Sec. 41. As used in sections 41 to 49, inclusive, of this act, the words and phrases defined in sections 42 to 46, inclusive, of this act have the meanings ascribed to them in sections 42 to 46, inclusive, of this act.
Sec. 42. Client means a person, including a public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from him.
Sec. 43. A communication is confidential if it is not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
κ1971 Statutes of Nevada, Page 783 (CHAPTER 402, SB 12)κ
disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
Sec. 44. Lawyer means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
Sec. 45. Representative of the client means a person having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client.
Sec. 46. Representative of the lawyer means a person employed by the lawyer to assist in the rendition of professional legal services.
Sec. 47. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications:
1. Between himself or his representative and his lawyer or his lawyers representative.
2. Between his lawyer and the lawyers representative.
3. Made for the purpose of facilitating the rendition of professional legal services to the client, by him or his lawyer to a lawyer representing another in a matter of common interest.
Sec. 48. 1. The privilege may be claimed by the client, his guardian or conservator, the personal representative of a deceased client, or the successor, trustee or similar representative of a corporation, association or other organization, whether or not in existence.
2. The person who was the lawyer at the time of the communication may claim the privilege but only on behalf of the client. His authority to do so is presumed in the absence of evidence to the contrary.
Sec. 49. There is no privilege under section 47 or 48 of this act:
1. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.
2. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
3. As to a communication relevant to an issue of breach of duty by the lawyer to his client or by the client to his lawyer.
4. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness.
5. As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients.
Sec. 49.1. As used in sections 49.1 to 49.9, inclusive, of this act, the words and phrases defined in sections 49.2 to 49.6, inclusive, of this act have the meanings ascribed to them in sections 49.2 to 49.6, inclusive, of this act.
Sec. 49.2. Accountant means a person certified or registered as a public accountant under chapter 628 of NRS who holds a live permit.
Sec. 49.3. Client means a person, including a public officer, corporation, association or other organization or entity, either public or private, who is rendered professional accounting services by an accountant, or who consults an accountant with a view to obtaining professional accounting services from him.
κ1971 Statutes of Nevada, Page 784 (CHAPTER 402, SB 12)κ
who consults an accountant with a view to obtaining professional accounting services from him.
Sec. 49.4. A communication is confidential if it is not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional accounting services to the client or those reasonably necessary for the transmission of the communication.
Sec. 49.5. Representative of the accountant means a person employed by the accountant to assist in the rendition of professional accounting services.
Sec. 49.6. Representative of the client means a person having authority to obtain professional accounting services, or to act on advice rendered pursuant thereto, on behalf of the client.
Sec. 49.7. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications:
1. Between himself or his representative and his accountant or his accountants representative.
2. Between his accountant and the accountants representative.
3. Made for the purpose of facilitating the rendition of professional accounting services to the client, by him or his accountant to an accountant representing another in a matter of common interest.
Sec. 49.8. 1. The privilege may be claimed by the client, his guardian or conservator, the personal representative of a deceased client, or the successor, trustee or similar representative of a corporation, association or other organization, whether or not in existence.
2. The person who was the accountant may claim the privilege but only on behalf of the client. His authority to do so is presumed in the absence of evidence to the contrary.
Sec. 49.9. There is no privilege under section 49.7 or 49.8 of this act:
1. If the services of the accountant were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud.
2. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
3. As to a communication relevant to an issue of breach of duty by the accountant to his client or by the client to his accountant.
4. As to a communication relevant to an issue concerning the examination, audit or report of any financial statements, books, records or accounts which the accountant may be engaged to make or requested by a prospective client to discuss for the purpose of making a public report.
5. As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to an accountant retained or consulted in common, when offered in an action between any of the clients.
6. As to a communication between a corporation and its accountant:
(a) In an action by a shareholder against the corporation which is based upon a breach of fiduciary duty; or
(b) In a derivative action by a shareholder on behalf of the corporation.
κ1971 Statutes of Nevada, Page 785 (CHAPTER 402, SB 12)κ
Sec. 50. As used in sections 50 to 53, inclusive, of this act:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patients family.
2. Doctor means a person licensed to practice medicine, dentistry, osteopathy or psychology in any state or nation, or a person who is reasonably believed by the patient to be so licensed.
3. Patient means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.
Sec. 51. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications among himself, his doctor or persons who are participating in the diagnosis or treatment under the direction of the doctor, including members of the patients family.
Sec. 52. 1. The privilege may be claimed by the patient, by his guardian or conservator, or by the personal representative of a deceased patient.
2. The person who was the doctor may claim the privilege but only on behalf of the patient. His authority so to do is presumed in the absence of evidence to the contrary.
Sec. 53. 1. There is no privilege under section 51 or 52 of this act for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. If the judge orders an examination of the condition of the patient, communications made in the course thereof are not privileged under section 51 or 52 of this act with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.
3. There is no privilege under section 51 or 52 of this act as to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. There is no privilege under section 51 or 52 of this act:
(a) In a prosecution or mandamus proceeding under chapter 441 of NRS.
(b) As to any information communicated to a physician in an effort unlawfully to procure a narcotic, dangerous or hallucinogenic drug, or unlawfully to procure the administration of any such drug.
Sec. 54. A clergyman or priest shall not, without the consent of the person making the confession, be examined as a witness as to any confession made to him in his professional character.
Sec. 55. 1. Except as provided in subsection 2:
(a) The proceedings and records of organized committees of hospital medical staffs having the responsibility of evaluation and improvement of the quality of care rendered in such hospital and medical review committees of medical societies are not subject to discovery proceedings.
κ1971 Statutes of Nevada, Page 786 (CHAPTER 402, SB 12)κ
(b) No person who attends a meeting of any such committee may be required to testify concerning the proceedings at such meetings.
2. The provisions of subsection 1 do not apply to:
(a) Any statement made by a person in attendance at such meeting who is a party to an action or proceeding the subject of which is reviewed at such meeting.
(b) Any statement made by a person who is requesting hospital staff privileges.
(c) The proceedings of any meeting considering an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.
Sec. 56. No reporter or editorial employee of any newspaper, periodical, press association or radio or television station may be required to disclose the source of any information procured or obtained by such person, in any legal proceedings, trial or investigation:
1. Before any court, grand jury, coroners inquest, jury or any officer thereof.
2. Before the legislature or any committee thereof.
3. Before any department, agency or commission of the state.
4. Before any local governing body or committee thereof, or any officer of a local government.
Sec. 57. A public officer shall not be examined as a witness as to communications made to him in official confidence, when the public interests would suffer by the disclosure.
Sec. 58. A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent. Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage, except in a:
1. Civil proceeding brought by or on behalf of one spouse against the other spouse;
2. Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
3. Proceeding brought by or on behalf of a spouse to establish his competence;
4. Proceeding in the juvenile court pursuant to chapter 62 of NRS; or
5. Criminal proceeding in which one spouse is charged with:
(a) A crime against the person or the property of the other spouse or of a child of either, whether such crime was committed before or during marriage.
(b) Bigamy or incest.
(c) A crime related to abandonment of a child or nonsupport of a wife or child.
Sec. 59. When a husband or wife is insane, and has been so declared by a court of competent jurisdiction, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease when the party declared insane has been found by a court of competent jurisdiction to be of sound mind, and the husband and wife shall then have the testimonial limitations and privileges provided in section 58 of this act.
κ1971 Statutes of Nevada, Page 787 (CHAPTER 402, SB 12)κ
of sound mind, and the husband and wife shall then have the testimonial limitations and privileges provided in section 58 of this act.
Sec. 60. Every person has a privilege to refuse to disclose the tenor of his vote at a political election conducted by secret ballot unless the vote was cast illegally.
Sec. 61. 1. A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.
2. When disclosure is directed, the judge shall take such protective measure as the interests of the holder of the privilege and of the parties and the furtherance of justice may require.
Sec. 62. The state or a political subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished to a law enforcement officer information purporting to reveal the commission of a crime.
Sec. 63. The privilege may be claimed by an appropriate representative of the state, regardless of whether the information was furnished to an officer of the state or a subdivision thereof. The privilege may be claimed by an appropriate representative of a political subdivision if the information was furnished to an officer thereof.
Sec. 64. No privilege exists under section 62 or 63 of this act if the identity of the informer or his interest in the subject matter of his communication has been disclosed by a holder of the privilege or by the informers own action, or if the informer appears as a witness.
Sec. 65. If the state or a political subdivision elects not to disclose the identity of an informer and the circumstances indicate a reasonable probability that the informer can give testimony necessary to a fair determination of the issue of guilt or innocence, the judge shall on motion of the accused dismiss the proceedings, and he may do so on his own motion.
Sec. 66. 1. If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the judge is not satisfied that the information was received from an informer reasonably believed to be reliable, he may require the identity of the informer to be disclosed.
2. The judge may permit the disclosure to be made in camera or make any other order which justice requires. All counsel shall be permitted to be present at every stage at which any counsel is permitted to be present.
3. If disclosure of the identity of the informer is made in chambers, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal.
Sec. 67. 1. A person upon whom these rules confer a privilege against disclosure of a confidential matter waives the privilege if he or his predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter.
2. This section does not apply if the disclosure is itself a privileged communication.
Sec. 68. Evidence of a statement or other disclosure of privileged matter is inadmissible against the holder of the privilege if the disclosure was:
κ1971 Statutes of Nevada, Page 788 (CHAPTER 402, SB 12)κ
matter is inadmissible against the holder of the privilege if the disclosure was:
1. Compelled erroneously; or
2. Made without opportunity to claim the privilege.
Sec. 69. 1. The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.
2. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege outside the presence of the jury.
3. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.
Sec. 70. Chapter 50 of NRS is hereby amended by adding thereto the provisions set forth as sections 71 to 100, inclusive, of this act.
Sec. 71. Every person is competent to be a witness except as otherwise provided in this Title.
Sec. 72. 1. A witness may not testify to a matter unless:
(a) Evidence is introduced sufficient to support a finding that he has personal knowledge of the matter; or
(b) He states his opinion or inference as an expert.
2. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself.
Sec. 73. 1. Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.
2. An affirmation is sufficient if the witness is addressed in the following terms: You do solemnly affirm that the evidence you shall give in this issue (or matter), pending between .................... and ...................., shall be the truth, the whole truth, and nothing but the truth. Assent to this affirmation shall be made by the answer, I do.
Sec. 74. Interpreters are subject to the provisions of this chapter relating to qualification as an expert and the administration of an oath or affirmation in appropriate form.
Sec. 75. 1. The judge presiding at the trial shall not testify in that trial as a witness.
2. If he is called to testify, no objection need be made in order to preserve the point.
Sec. 76. 1. A member of the jury shall not testify as a witness in the trial of the case in which he is sitting as a juror. If he is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
2. Upon an inquiry into the validity of a verdict or indictment:
(a) A juror shall not testify concerning the effect of anything upon his or any other jurors mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith.
(b) The affidavit or evidence of any statement by a juror indicating an effect of this kind is inadmissible for any purpose.
κ1971 Statutes of Nevada, Page 789 (CHAPTER 402, SB 12)κ
Sec. 77. The credibility of a witness may be attacked by any party, including the party calling him.
Sec. 78. 1. Opinion evidence as to the character of a witness is admissible to attack or support his credibility but subject to these limitations:
(a) Opinions are limited to truthfulness or untruthfulness; and
(b) Opinions of truthful character are admissible only after the introduction of opinion evidence of untruthfulness or other evidence impugning his character for truthfulness.
2. Evidence of the reputation of a witness for truthfulness or untruthfulness is inadmissible.
3. Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime, may not be proved by extrinsic evidence. They may, however, if relevant to truthfulness, be inquired into on cross-examination of the witness himself or on cross-examination of a witness who testifies to an opinion of his character for truthfulness or untruthfulness, subject to the general limitations upon relevant evidence and the limitations upon interrogation.
Sec. 79. 1. For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime was punishable by death or imprisonment in excess of 1 year under the law under which he was convicted.
2. Evidence of a conviction is inadmissible under this section if a period of more than 10 years has elapsed since:
(a) The date of the release of the witness from confinement; or
(b) The expiration of the period of his parole, probation or sentence,
whichever is the later date.
3. Evidence of a conviction is inadmissible under this section if the conviction has been the subject of a pardon.
4. Evidence of juvenile adjudications is inadmissible under this section.
5. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
Sec. 80. Evidence of the beliefs or opinions of a witness on matters of religion is inadmissible for the purpose of showing that by reason of their nature his credibility is impaired or enhanced.
Sec. 81. 1. The judge shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence:
(a) To make the interrogation and presentation effective for the ascertainment of the truth;
(b) To avoid needless consumption of time; and
(c) To protect witnesses from undue harassment or embarrassment.
2. Cross-examination is limited to the subject matter of the direct examination and matters affecting the credibility of the witness, unless the judge in the exercise of discretion permits inquiry into additional matters as if on direct examination.
3. Except as provided in subsection 4:
(a) Leading questions shall not be used on the direct examination of a witness without the permission of the court.
κ1971 Statutes of Nevada, Page 790 (CHAPTER 402, SB 12)κ
(b) Leading questions are permitted on cross-examination.
4. In civil cases, a party is entitled to call:
(a) An adverse party; or
(b) A witness identified with an adverse party,
and interrogate by leading questions. The attorney for such adverse party may employ leading questions in cross-examining the party or witness so called only to the extent permissible if he had called such person on direct examination.
Sec. 82. 1. If a witness uses a writing to refresh his memory, either before or while testifying, an adverse party is entitled:
(a) To have it produced at the hearing;
(b) To inspect it;
(c) To cross-examine the witness thereon; and
(d) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting his credibility.
2. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in chambers, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.
3. If a writing is not produced or delivered pursuant to order under this section, the judge shall make any order which justice requires, except that in criminal cases when the state elects not to comply, the order shall be one:
(a) Striking the testimony; or
(b) If the judge in his discretion determines that the interests of justice so require, declaring a mistrial.
Sec. 83. 1. In examining a witness concerning a prior statement made by him, whether written or not, the statement need not be shown or its contents disclosed to him, but on request the statement shall be shown or disclosed to opposing counsel.
2. Extrinsic evidence of a prior contradictory statement by a witness is inadmissible unless:
(a) The statement fulfills all the conditions required by subsection 3 of section 104 of this act; or
(b) The witness is afforded an opportunity to explain or deny the statement and the opposite party is afforded an opportunity to interrogate him thereon.
Sec. 84. 1. The judge may, on his own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
2. The judge may interrogate witnesses, whether called by himself or by a party. The parties may object to questions so asked and to evidence thus adduced at any time prior to the submission of the cause.
Sec. 85. 1. Except as otherwise provided in subsection 2, at the request of a party the judge shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and he may make the order of his own motion.
2. This section does not authorize exclusion of:
κ1971 Statutes of Nevada, Page 791 (CHAPTER 402, SB 12)κ
(a) A party who is a natural person;
(b) An officer or employee of a party which is not a natural person designated as its representative by its attorney; or
(c) A person whose presence is shown by a party to be essential to the presentation of his cause.
Sec. 86. 1. A witness, duly served with a subpena, shall attend at the time appointed, with any papers under his control required by the subpena, to answer all pertinent and legal questions, and, unless sooner discharged, to remain till the testimony is closed.
2. A person present in court or before a judicial officer may be required to testify in the same manner as if he were in attendance upon a subpena issued by such court or officer.
Sec. 87. Every person who has been, in good faith, served with a subpena to attend as a witness before a court, judge, commissioner, master or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.
Sec. 88. 1. The arrest of a witness contrary to section 87 of this act is void.
2. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claims the exemption and makes an affidavit, stating:
(a) That he has been served with a subpena to attend as a witness before a court, officer or other person, specifying the same, the place of attendance and the action or proceeding in which the subpena was issued; and
(b) That he has not been thus served by his own procurement, with the intention of avoiding an arrest.
Sec. 89. 1. Refusal to be sworn or to answer as a witness may be punished as a contempt by the court. In a civil action, if the person so refusing is a party, the court may strike any pleading on his behalf, and may enter judgment against him.
2. A witness disobeying a subpena in a civil action shall also forfeit to the party aggrieved the sum of $100 and all damages which he may sustain by the failure of the witness to attend, which forfeiture and damages may be recovered in a civil action.
3. A witness disobeying a subpena issued on the part of a defendant in a criminal action shall also forfeit to the defendant the sum of $100, which may be recovered in a civil action, unless good cause can be shown for his nonattendance.
Sec. 90. In case of failure of a witness to attend, the court or officer issuing the subpena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring him before the court or officer where his attendance was required.
Sec. 91. 1. A person imprisoned in the state prison or in a county jail may be examined as a witness in the district court pursuant to this section. Such examination can only be made on motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
κ1971 Statutes of Nevada, Page 792 (CHAPTER 402, SB 12)κ
affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
2. In a civil action, if the witness is imprisoned in the county where the action or proceeding is pending, his production may, in the discretion of the court or judge, be required; in all other cases his examination, when allowed, shall be taken upon deposition.
3. In a criminal action, an order for that purpose may be made by the district court or district judge, at chambers, and executed by the sheriff of the county where the action is pending. The judge may order the sheriff to bring the prisoner before the court at the expense of the state or, in his discretion, at the expense of the defendant.
Sec. 92. Witnesses required to attend in the courts of this state shall receive the following compensation:
1. For attending in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, $10 for each days attendance, which shall include Sundays and holidays.
2. Mileage shall be allowed and paid at the rate of 15 cents a mile, one way only, for each mile necessarily and actually traveled from the place of residence by the shortest and most practical route, provided:
(a) That no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least 1 days fees have been paid him if he demanded the same.
(b) That any person being in attendance at the trial and sworn as a witness shall be entitled to witness fees irrespective of service of subpena.
3. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
Sec. 93. 1. The county clerk in cases in the district court shall keep a payroll, enrolling thereon all names of witnesses in criminal cases, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of the trial shall forthwith give a statement of the amounts due to such witnesses, to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof.
2. In criminal cases, where witnesses are subpenaed from without the county, or who, being residents of another state, voluntarily appear as witnesses, at the request of the district attorney and the board of county commissioners of the county in which the court is held, they shall be allowed their actual and necessary traveling expenses incurred by them in going to and returning from the place where the court is held, and such sum per diem, not exceeding $3, as may be fixed by the district judge, who shall certify the same to the county clerk for entry upon the payroll hereinbefore required.
Sec. 94. Where criminal or quasi-criminal cases originating in the municipal court of an incorporated town or city are brought before the district court, the county clerk shall give a statement of the amount due to witnesses, in the manner and form provided in NRS 48.300, to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the treasurer of the town or city to pay the same.
κ1971 Statutes of Nevada, Page 793 (CHAPTER 402, SB 12)κ
to witnesses, in the manner and form provided in NRS 48.300, to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the treasurer of the town or city to pay the same. Upon the production of the order, or a certified copy thereof, the treasurer of the town or city shall pay the sum specified therein out of any fund in the town or city treasury not otherwise specially appropriated or set apart. It shall not be necessary for such order to be otherwise audited or approved.
Sec. 95. No attorney or counselor at law, in any case, shall be allowed any fees for attending as a witness in such case.
Sec. 96. If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are:
1. Rationally based on the perception of the witness; and
2. Helpful to a clear understanding of his testimony or the determination of a fact in issue.
Sec. 97. If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by special knowledge, skill, experience, training or education may testify to matters within the scope of such knowledge.
Sec. 98. 1. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing.
2. If of a type reasonably relied upon by experts in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
Sec. 99. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
Sec. 100. The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
Sec. 101. Chapter 51 of NRS is hereby amended by adding thereto the provisions set forth as sections 102 to 138, inclusive, of this act.
Sec. 102. As used in this chapter, unless the context otherwise requires, the words and phrases defined in sections 103 to 106, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 103. Declarant means a person who makes a statement.
Sec. 104. Hearsay means a statement offered in evidence to prove the truth of the matter asserted unless:
1. The statement is one made by a witness while testifying at the trial or hearing;
2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) Inconsistent with his testimony;
(b) Consistent with his testimony and offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive;
(c) One of identification of a person made soon after perceiving him; or
κ1971 Statutes of Nevada, Page 794 (CHAPTER 402, SB 12)κ
(d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; or
3. The statement is offered against a party and is:
(a) His own statement, in either his individual or a representative capacity;
(b) A statement of which he has manifested his adoption or belief in its truth;
(c) A statement by a person authorized by him to make a statement concerning the subject;
(d) A statement by his agent or servant concerning a matter within the scope of his agency or employment, made before the termination of the relationship; or
(e) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
Sec. 105. Statement means:
1. An oral or written assertion; or
2. Nonverbal conduct of a person, if it is intended by him as an assertion.
Sec. 106. 1. A declarant is unavailable as a witness if he is:
(a) Exempted by ruling of the judge on the ground of privilege from testifying concerning the subject matter of his statement;
(b) Persistent in refusing to testify despite an order of the judge to do so;
(c) Unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(d) Absent from the hearing and beyond the jurisdiction of the court to compel appearance and the proponent of his statement has exercised reasonable diligence but has been unable to procure his attendance or to take his deposition.
2. A declarant is not unavailable as a witness if his exemption, refusal, inability or absence is due to the procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying.
Sec. 107. 1. Hearsay is inadmissible except as provided in this chapter, Title 14 of NRS and the Nevada Rules of Civil Procedure.
2. This section constitutes the hearsay rule.
Sec. 108. 1. A statement is not excluded by the hearsay rule if its nature and the special circumstances under which it was made offer assurances of accuracy not likely to be enhanced by calling the declarant as a witness, even though he is available.
2. The provisions of sections 109 to 131, inclusive, of this act are illustrative and not restrictive of the exception provided by this section.
Sec. 109. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, is not inadmissible under the hearsay rule.
Sec. 110. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition is not inadmissible under the hearsay rule.
Sec. 110.5. Transactions or conversations with or actions of a deceased person are admissible if supported by corroborative evidence.
κ1971 Statutes of Nevada, Page 795 (CHAPTER 402, SB 12)κ
Sec. 111. 1. A statement of the declarants then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain and bodily health, is not inadmissible under the hearsay rule.
2. A statement of money or belief to prove the fact remembered or believed is inadmissible under the hearsay rule unless it relates to the execution, revocation, identification or terms of declarants will.
Sec. 112. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof are not inadmissible under the hearsay rule insofar as they were reasonably pertinent to diagnosis or treatment.
Sec. 113. 1. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately is not inadmissible under the hearsay rule if it is shown to have been made when the matter was fresh in his memory and to reflect that knowledge correctly.
2. The memorandum or record may be read into evidence but may not itself be received unless offered by an adverse party.
Sec. 114. A memorandum, report, record or data compilation, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony of the custodian or other qualified witness, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
Sec. 115. Evidence that a matter is not included in the memoranda, reports, records or data compilations, in any form, of a regularly conducted activity is not inadmissible under the hearsay rule to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record or data compilation was regularly made and preserved.
Sec. 116. Records, reports, statements or data compilations, in any form, of public officials or agencies are not inadmissible under the hearsay rule if they set forth:
1. The activities of the official or agency;
2. Matters observed pursuant to duty imposed by law; or
3. In civil cases and against the state in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law,
unless the sources of information or the method or circumstances of the investigation indicate lack of trustworthiness.
Sec. 117. Records or data compilations, in any form, of births, fetal deaths, deaths or marriages are not inadmissible under the hearsay rule if the report thereof was made to a public office pursuant to requirements of law.
Sec. 118. To prove:
1. The absence of a record, report, statement or data compilation, in any form; or
2. The nonoccurrence or nonexistence of a matter of which a record, report, statement or data compilation, in any form, was regularly made and preserved by a public officer, agency or official,
κ1971 Statutes of Nevada, Page 796 (CHAPTER 402, SB 12)κ
report, statement or data compilation, in any form, was regularly made and preserved by a public officer, agency or official,
evidence in the form of a certificate of the custodian or other person authorized to make the certification, or testimony, that diligent search failed to disclose the record, report, statement, data compilation or entry is not inadmissible under the hearsay rule.
Sec. 119. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization, are not inadmissible under the hearsay rule.
Sec. 120. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter, are not inadmissible under the hearsay rule.
Sec. 121. Statements of fact contained in family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts or tombstones, or the like, are not inadmissible under the hearsay rule.
Sec. 122. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, is not inadmissible under the hearsay rule if the record is a record of a public office and an applicable statute authorized the recording of documents of that kind in that office.
Sec. 123. A statement contained in a document purporting to establish or affect an interest in property is not inadmissible under the hearsay rule if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.
Sec. 124. Statements in a document more than 20 years old whose authenticity is established are not inadmissible under the hearsay rule.
Sec. 125. Market quotations, tabulations, lists, directories or other published compilations, generally used and relied upon by the public or by persons in particular occupations, are not inadmissible under the hearsay rule.
Sec. 126. To the extent called to the attention of an expert witness upon cross-examination or relied upon by him in direct examination, a statement contained in a published treatise, periodical or pamphlet on a subject of history, medicine or other science or art, is not inadmissible under the hearsay rule if such book is established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.
Sec. 127. Reputation among members of a persons family by blood or marriage, or among his associates, or in the community, is not inadmissible under the hearsay rule if it concerns his birth, marriage, divorce, death, legitimacy, relationship by blood or marriage, ancestry or other similar fact of his personal or family history.
κ1971 Statutes of Nevada, Page 797 (CHAPTER 402, SB 12)κ
death, legitimacy, relationship by blood or marriage, ancestry or other similar fact of his personal or family history.
Sec. 128. Reputation in a community, arising before the controversy, as to:
1. Boundaries of or customs affecting lands in the community; and
2. Events of general history important to the community or to the state or nation in which the community is located,
are not inadmissible under the hearsay rule.
Sec. 129. Reputation of a persons character among his associates or in the community is not inadmissible under the hearsay rule.
Sec. 130. 1. Evidence of a final judgment, entered after trial or upon a plea of guilty, but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of 1 year, is not inadmissible under the hearsay rule to prove any fact essential to sustain the judgment.
2. This section does not make admissible, when offered by the state in a criminal prosecution for purposes other than impeachment, a judgment against a person other than the accused.
3. The pendency of an appeal may be shown but does not affect admissibility.
Sec. 131. A judgment is not inadmissible under the hearsay rule as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the matters would be provable by evidence of reputation.
Sec. 132. 1. A statement is not excluded by the hearsay rule if:
(a) Its nature and the special circumstances under which it was made offer strong assurances of accuracy; and
(b) The declarant is unavailable as a witness.
2. The provisions of sections 133 to 136, inclusive, of this act are illustrative and not restrictive of the exception provided by this section.
Sec. 133. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of another proceeding, is not inadmissible under the hearsay rule if:
1. The declarant is unavailable as a witness; and
2. If the proceeding was different, the party against whom the former testimony is offered was a party or is in privity with one of the former parties and the issues are substantially the same.
Sec. 134. A statement made by a declarant while believing that his death was imminent is not inadmissible under the hearsay rule if the declarant is unavailable as a witness.
Sec. 135. 1. A statement which at the time of its making:
(a) Was so far contrary to the declarants pecuniary or proprietary interest;
(b) So far tended to subject him to civil or criminal liability;
(c) So far tended to render invalid a claim by him against another; or
(d) So far tended to make him an object of hatred, ridicule or social disapproval,
that a reasonable man in his position would not have made the statement unless he believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness.
κ1971 Statutes of Nevada, Page 798 (CHAPTER 402, SB 12)κ
unless he believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness.
2. This section does not make admissible a statement or confession offered against the accused in a criminal case, made by a codefendant or other person implicating both himself and the accused.
Sec. 136. 1. A statement concerning the declarants own birth, marriage, divorce, legitimacy, relationship by blood or marriage, ancestry or other similar fact of personal or family history is not inadmissible under the hearsay rule if the declarant is unavailable as a witness, even though declarant had no means of acquiring personal knowledge of the matter stated.
2. A statement concerning the matters enumerated in subsection 1, and death also, of another person is not inadmissible under the hearsay rule if the declarant:
(a) Was related to the other by blood or marriage or was so intimately associated with the others family as to be likely to have accurate information concerning the matter declared; and
(b) Is unavailable as a witness.
Sec. 137. Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms to an exception to the hearsay rule provided in this chapter.
Sec. 138. 1. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked or supported by any evidence which would be admissible for those purposes if declarant had testified as a witness.
2. Evidence of a statement or conduct by the declarant at any time, inconsistent with his hearsay statement, is not subject to any requirement that he have been afforded an opportunity to deny or explain.
Sec. 139. Chapter 52 of NRS is hereby amended by adding thereto the provisions set forth as sections 140 to 170, inclusive, of this act.
Sec. 140. 1. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence or other showing sufficient to support a finding that the matter in question is what its proponent claims.
2. The provisions of sections 141 to 149, inclusive, of this act are illustrative and not restrictive examples of authentication or identification which conform to the requirements of this section.
3. Every authentication or identification is rebuttable by evidence or other showing sufficient to support a contrary finding.
Sec. 141. The testimony of a witness is sufficient for authentication or identification if he has personal knowledge that a matter is what it is claimed to be.
Sec. 142. Nonexpert opinion as to the genuineness of handwriting is sufficient for authentication or identification if it is based upon familiarity not acquired for purposes of the litigation.
Sec. 143. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated is sufficient for authentication.
Sec. 144. Appearance, contents, substance, internal patterns or other distinctive characteristics are sufficient for authentication when taken in conjunction with circumstances.
κ1971 Statutes of Nevada, Page 799 (CHAPTER 402, SB 12)κ
Sec. 145. A voice, whether heard firsthand or through mechanical or electronic transmission or recording, is sufficiently identified by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
Sec. 146. A telephone conversation is sufficiently authenticated by evidence that a call was made to the number supplied by the telephone company for the person in question if:
1. The call was to a place of business and the conversation related to business reasonably transacted over the telephone; or
2. Circumstances, including self-identification, show the person answering to be the one called.
Sec. 147. Evidence that:
1. A writing authorized by law to be recorded or filed and in fact recorded or filed in a public office; or
2. A purported public record, report, statement or data compilation, in any form,
is from the public office where items of this nature are kept is sufficient to authenticate the writing, record, report, statement or compilation.
Sec. 148. Evidence that a document or data compilation, in any form:
1. Is in such condition as to create no suspicion concerning its authenticity;
2. Was in a place where it, if authentic, would likely be; and
3. Is at least 20 years old at the time it is offered,
is sufficient to authenticate the document or compilation.
Sec. 149. Evidence describing a process or system used to produce a result and showing that the result is accurate is sufficient to authenticate the result.
Sec. 150. 1. A document purporting to be executed or attested in his official capacity by a person authorized by the laws of a foreign country to make the execution or attestation is presumed to be authentic if it is accompanied by a final certification as to the genuineness of the signature and official position:
(a) Of the executing or attesting person; or
(b) Of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.
2. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States.
3. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of an official document the court may, for good cause shown, order that it be treated as presumptively authentic without final certification or permit it to be evidenced by an attested summary with or without final certification.
Sec. 151. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, is presumed to be authentic if it is certified as correct by the custodian or other person authorized to make the certification.
κ1971 Statutes of Nevada, Page 800 (CHAPTER 402, SB 12)κ
form, is presumed to be authentic if it is certified as correct by the custodian or other person authorized to make the certification.
Sec. 152. Books, pamphlets or other publications purporting to be issued by public authority are presumed to be authentic.
Sec. 153. Printed materials purporting to be newspapers or periodicals are presumed to be authentic.
Sec. 154. Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin are presumed to be authentic.
Sec. 155. Documents accompanied by a certificate of acknowledgment of a notary public or other officer authorized by law to take acknowledgments are presumed to be authentic.
Sec. 156. The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
Sec. 157. As used in sections 157 to 168, inclusive, of this act, unless the context otherwise requires, the words defined in sections 158 to 161, inclusive, of this act have the meanings ascribed to them in sections 158 to 161, inclusive, of this act.
Sec. 158. Duplicate means a counterpart produced:
1. By the same impression as the original;
2. From the same matrix;
3. By means of photography, including enlargements and miniatures;
4. By mechanical or electronic rerecording;
5. By chemical reproduction; or
6. By other equivalent technique designed to insure an accurate reproduction of the original.
Sec. 159. 1. An original of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it.
2. An original of a photograph includes the negative or any print therefrom.
3. If data are stored in a computer or similar device, any printout or other output readable by sight, shown accurately to reflect the data, is an original.
Sec. 160. Photographs include still photographs, X-rays and motion pictures.
Sec. 161. Writings and recordings consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
Sec. 162. To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in this Title.
Sec. 163. 1. In addition to the situations governed by subsection 2, a duplicate is admissible to the same extent as an original unless:
(a) A genuine question is raised as to the authenticity of the original; or
(b) In the circumstances it would be unfair to admit the duplicate in lieu of the original.
κ1971 Statutes of Nevada, Page 801 (CHAPTER 402, SB 12)κ
2. A duplicate is admissible to the same extent as an original if the person or office having custody of the original was authorized to destroy the original after preparing a duplicate, and in fact did so.
Sec. 164. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible, if:
1. All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent.
2. No original can be obtained by any available judicial process or procedure.
3. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing.
4. The writing, recording or photograph is not closely related to a controlling issue.
Sec. 165. 1. The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct by the custodian or other person authorized to make the certification or testified to be correct by a witness who has compared it with the original.
2. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
Sec. 166. 1. The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation.
2. The originals shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that the originals be produced in court.
Sec. 167. Contents may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.
Sec. 168. 1. Except as otherwise provided in subsection 2, when the admissibility of other evidence of contents under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the judge to determine.
2. When an issue is raised:
(a) Whether the asserted writing ever existed;
(b) Whether another writing, recording or photograph produced at the trial is the original; or
(c) Whether other evidence of contents correctly reflects the contents,
the issue is for the trier of fact to determine as in the case of other issues of fact.
Sec. 169. 1. The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if:
(a) The person makes his mark;
(b) The name of the person making the mark is written near it; and
(c) The mark is witnessed by a person who writes his own name as a witness.
κ1971 Statutes of Nevada, Page 802 (CHAPTER 402, SB 12)κ
2. In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto.
Sec. 170. The word seal, and the initial letters L. S., and other words, letters or characters of like import, opposite the name of the signer of any instrument in writing, are unnecessary to give such instrument legal effect, and any omission to use them by the signer of any instrument does not impair the validity of such instrument.
Sec. 171. Chapter 53 of NRS is hereby amended by adding thereto the provisions set forth as sections 172 to 174, inclusive, of this act.
Sec. 172. Sections 172 to 174, inclusive, of this act may be cited as the Uniform Foreign Depositions Act.
Sec. 173. Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.
Sec. 174. Sections 172 to 174, inclusive, of this act shall be so interpreted and construed as to effectuate their general purposes to make uniform the law of those states which enact them.
Sec. 175. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding, including:
(a) Clerks fees.
(b) Costs of depositions obtained by the prevailing party and used by him at the trial.
(c) Jury fees as provided in NRS 6.150.
(d) Witness fees [of witnesses] as provided in [NRS 48.290.] section 92 of this act.
2. The court may allow to the prevailing party the fees of not more than three expert witnesses in an amount not to exceed $250 for each witness.
3. The court may make an allowance of attorneys fees to:
(a) The plaintiff as prevailing party when the plaintiff has not recovered more than $10,000; or
(b) The counterclaimant as prevailing party when he has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
κ1971 Statutes of Nevada, Page 803 (CHAPTER 402, SB 12)κ
Sec. 176. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 177 and 178 of this act.
Sec. 177. Any instrument affecting the title to real property, 3 years after the instrument has been copied into the proper book of record kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission or informality in the execution of the instrument, or in the certificate of acknowledgment thereof, or the absence of any such certificate; but nothing herein affects the rights of purchasers or encumbrancers previous to March 27, 1935. When such copying in the proper book of record occurred within 5 years prior to the trial of an action, the instrument is not admissible in evidence unless it is first shown that the original instrument was genuine.
Sec. 178. In the case of real property owned by two or more persons as joint tenants, it is presumed that all title or interest in and to such real property of each of one or more deceased joint tenants has terminated, and vested solely in the surviving joint tenant or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which such real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the hereinafter required facts, which sets forth the following:
1. The family relationship, if any, of affiant to each of such one or more deceased joint tenants;
2. A description of the instrument or conveyance by which the joint tenancy was created;
3. A description of the real property subject to such joint tenancy; and
4. The date and place of death of each of such one or more deceased joint tenants.
Sec. 179. NRS 126.180 is hereby amended to read as follows:
126.180 [1.] The trial shall be by jury, if either party demands a jury, otherwise by the court, and shall be conducted as in other civil cases.
[2. Both the mother and the alleged father shall be competent but not compellable to give evidence, and if either gives evidence he or she shall be subject to cross-examination.]
Sec. 180. NRS 126.200 is hereby amended to read as follows:
126.200 If after the complaint the mother dies or becomes insane or cannot be found within the jurisdiction, the proceeding does not abate, but the child shall be substituted as complainant. [The testimony of the mother taken at the preliminary hearing, and her deposition taken as in other civil cases, may in any such case be read in evidence and in all cases shall be read in evidence, if demanded by the defendant.]
Sec. 181. NRS 175.221 is hereby amended to read as follows:
175.221 1. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute.
2. The admissibility of evidence and the competency and privileges of witnesses shall be governed [, except when otherwise provided by statute, by] by:
(a) The general provisions of Title 4 of NRS;
(b) The specific provisions of any other applicable statute; and
κ1971 Statutes of Nevada, Page 804 (CHAPTER 402, SB 12)κ
(c) Where no statute applies, the principles of the common law as they may be interpreted by the courts of the State of Nevada in the light of reason and experience.
Sec. 182. NRS 200.506 is hereby amended to read as follows:
200.506 In any proceeding resulting from a report made or action taken pursuant to the provisions of NRS 200.502, 200.503 and 200.504 or in any proceeding where such report or the contents thereof is sought to be introduced in evidence, such report or contents or any other fact or facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter [is or may be the subject of confidentiality or similar privilege or rule against disclosure, notwithstanding the provisions of NRS 48.080 or any other law or rule of evidence concerning confidential communications.] would otherwise be privileged against disclosure under chapter 49 of NRS.
Sec. 183. NRS 233B.040 is hereby amended to read as follows:
233B.040 Unless otherwise provided by law, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, such regulations shall have the force of law and be enforced by all peace officers. In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority under which the function was assigned. [The courts shall take judicial notice of every regulation duly adopted and filed under the provisions of NRS 233B.060 and 233B.070 from the effective date of such regulation.]
Sec. 184. NRS 244.118 is hereby amended to read as follows:
244.118 Two copies of the county code shall be filed with the librarian of the Nevada state library after such code becomes effective. [, and thereafter in all civil actions and in all prosecutions for the violation of any of the provisions of such county code, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead or prove the contents of the code, but the court shall take judicial notice of the contents of such code.]
Sec. 185. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder must, upon the payment of the statutory fees for the same, record separately, in a fair hand, or typewriting, or by filing or inserting a microfilm picture or photostatic copy thereof, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:
(a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments, which by law are made liens upon real estate in this state.
κ1971 Statutes of Nevada, Page 805 (CHAPTER 402, SB 12)κ
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married women.
(j) Notice of preemption claims.
(k) Births and deaths.
(l) Notices and certificates of location of mining claims.
(m) Affidavits or proof of annual labor on mining claims.
(n) Certificates of sale.
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or permitted by law to be recorded.
2. Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
3. Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by photographic or photostatic methods. Where any rights might be adversely affected because of delay in recording caused by such a requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.
Sec. 186. (Deleted by amendment.)
Sec. 187. NRS 266.160 is hereby amended to read as follows:
266.160 1. The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein a copy of this chapter and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library. [, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of ............................................
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 188. NRS 269.168 is hereby amended to read as follows:
269.168 Two copies of the town code shall be filed with the librarian of the Nevada state library after such code becomes effective. [, and thereafter in all civil actions and in all prosecutions for the violation of any of the provisions of such town code, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead or prove the contents of the code, but the court shall take judicial notice of the contents of such code.]
κ1971 Statutes of Nevada, Page 806 (CHAPTER 402, SB 12)κ
or prove the contents of the code, but the court shall take judicial notice of the contents of such code.]
Sec. 189. NRS 321.060 is hereby amended to read as follows:
321.060 1. The state land register is authorized to provide and use a seal for the state land office.
2. The impression of the seal of the state land office upon the original or copy of any paper, plat, map or document emanating from the state land office shall impart verity to the [same, and such paper, plat, map or document bearing the impression of such seal shall be admitted as evidence in any court in this state.] document so impressed.
Sec. 190. NRS 340.150 is hereby amended to read as follows:
340.150 Upon the rendition of the final judgment vesting title in the petitioner, the clerk of the court shall make and certify, under the seal of the court, a copy or copies of such judgment, which shall be filed or recorded in the proper county office or offices for the recording of documents pertaining to the real property described therein, and such filing or recording shall constitute notice to all persons of the contents thereof. [A copy of the judgment certified by the clerk of the court as aforesaid shall be competent and admissible evidence in any proceedings at law or in equity.]
Sec. 191. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general shall:
1. Supervise the preparation and submission of all such returns and reports pertaining to the militia of the state as may be required by the United States.
2. Be the channel of official military correspondence with the governor, and shall, on or before November 1 of each even-numbered year, make a report to the governor of the transactions, expenditures and condition of the Nevada National Guard. The report shall include the report of the United States Property and Fiscal Officer.
3. Be the custodian of records of officers and enlisted men and all other records and papers required by law or regulations to be filed in his office. He may deposit with the division of archives in the office of the secretary of state for safekeeping in the secretary of states official custody records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Record, authenticate and communicate to troops and individuals of the militia all orders, instructions and regulations.
6. Cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training thereof or to carry into effect the provisions of this chapter.
7. Have an appropriate seal of office and affix its impression to all certificates of record issued from his office. [, which shall be received in evidence in all cases.]
8. Render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
κ1971 Statutes of Nevada, Page 807 (CHAPTER 402, SB 12)κ
9. In time of peace, perform the duties of quartermaster general and chief of ordnance.
Sec. 192. NRS 412.154 is hereby amended to read as follows:
412.154 1. Members of the Nevada National Guard ordered into active service of the state pursuant to this chapter are not liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by him in his official capacity in the discharge of any duty under this chapter, or an alleged omission by him to do an act which it was his duty to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by him pursuant to law, the defendant:
(a) May have counsel of his own selection; or
(b) Shall be defended by the attorney general in civil actions and by the state judge advocate in criminal actions; and
(c) May require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein. [; and
(d) In all cases may make a general denial and give the special matter in evidence.]
2. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his costs.
3. No member of the Nevada National Guard shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.
Sec. 193. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The failure of a totally or partially blind person to carry a white or metallic colored cane or to use a guide dog does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by such a blind person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from such blind persons making use of the facilities or services offered by such carrier or place of public accommodation.
Sec. 194. NRS 439.200 is hereby amended to read as follows:
439.200 1. The state board of health shall have the power by affirmative vote of a majority of its members to adopt, promulgate, amend and enforce reasonable rules and regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) To provide for the sanitary protection of water and food supplies and the control of sewage disposal.
(e) To govern and define the powers and duties of local boards of health and health officers.
(f) To protect and promote the public health generally.
κ1971 Statutes of Nevada, Page 808 (CHAPTER 402, SB 12)κ
(g) To carry out all other purposes of this chapter.
2. Such rules and regulations shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith, except those local ordinances and regulations which are more stringent than the state rules and regulations provided for in this section.
3. A copy of every rule and regulation adopted by the state board of health and every rule and regulation approved by such board pursuant to NRS 439.350 and 439.460, showing the date that any such rules and regulations take effect, shall be filed with the secretary of state, and copies of such rules and regulations shall be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.
[4. A certified copy of any rules or regulations specified in subsection 3 shall be received by all courts and administrative hearing bodies in this state as prima facie evidence of such rules and regulations.]
Sec. 195. NRS 440.165 is hereby amended to read as follows:
440.165 To preserve original documents, the state registrar is authorized to prepare typewritten, photographic or other reproductions of original records and files in his office. [Such reproductions when certified by him shall be accepted as the original record.]
Sec. 196. Chapter 452 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose.
Sec. 197. NRS 453.180 is hereby amended to read as follows:
453.180 1. No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b) By the forgery or alteration of a prescription or of any written order; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false address.
2. [Information communicated to a physician in an effort unlawfully to procure a narcotic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.
3.] No person shall willfully make a false statement in any prescription, order, report, or record, required by NRS 453.010 to 453.240, inclusive.
[4.] 3. No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.
[5.] 4. No person shall make or utter any false or forged prescription or false or forged written order.
[6.] 5. No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.
κ1971 Statutes of Nevada, Page 809 (CHAPTER 402, SB 12)κ
[7.] 6. The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of NRS 453.090, in the same way as they apply to transactions under all other sections.
Sec. 198. NRS 454.532 is hereby amended to read as follows:
454.532 1. It is unlawful for any person to obtain or attempt to obtain a dangerous or hallucinogenic drug, or procure or attempt to procure the administration of a dangerous or hallucinogenic drug:
(a) By fraud, deceit, misrepresentation or subterfuge;
(b) By the forgery or alteration of a prescription or of any written order;
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false address.
2. [Information communicated to a physician in an effort unlawfully to procure a dangerous or hallucinogenic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.
3.] It is unlawful for any person to make a false statement in any prescription, order, report or record required by NRS 454.180 to 454.460, inclusive.
[4.] 3. It is unlawful, for the purpose of obtaining a dangerous or hallucinogenic drug, for any person falsely to assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian or other authorized person.
[5.] 4. It is unlawful to affix any false or forged label to a package or receptacle containing dangerous or hallucinogenic drugs.
Sec. 199. NRS 485.300 is hereby amended to read as follows:
485.300 [Neither the] The report required by NRS 485.150 to 485.180, inclusive, the action taken by the division pursuant to NRS 485.150 to 485.300, inclusive, the findings, if any, of the division upon which such action is based, [nor] and the security filed as provided in NRS 485.150 to 485.300, inclusive, [shall be referred to in any way, nor be any evidence of the negligence or due care of either party,] are privileged against disclosure at the trial of any action at law to recover damages.
Sec. 200. NRS 517.320 is hereby amended to read as follows:
517.320 1. In every mining district in this state in which the seat of government of any county is situated, the county recorder of that county shall be ex officio mining district recorder, subject, in the discharge of his duties, to such rules, regulations and compensation as may be prescribed by the mining laws of the mining districts to which this section is applicable. He shall, as such ex officio mining district recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safekeeping of all the records thereof, and the correct and safekeeping of the copies of all the records mentioned and referred to in subsection 2.
2. Each mining district recorder of the several mining districts in the state shall, on or before the 1st Monday in January, April, July and October in each year, transcribe into a suitable book or books, to be provided for that purpose, and shall deposit and file with the county recorders of the respective counties in which such mining districts are located a full, true and correct copy of the mining records of the respective mining districts for the 3 months next preceding the 1st Monday in January, April, July and October, duly certified under oath.
κ1971 Statutes of Nevada, Page 810 (CHAPTER 402, SB 12)κ
located a full, true and correct copy of the mining records of the respective mining districts for the 3 months next preceding the 1st Monday in January, April, July and October, duly certified under oath. This section shall not apply to the mining district recorder created by subsection 1.
3. There shall be provided by the boards of county commissioners of the several counties and furnished to each mining district recorder, on his application, suitable books, into which the mining records mentioned in subsection 2 shall be transcribed.
4. The several mining district recorders shall receive, for services required by subsection 2, $1 for the transcript of each claim, including the oath, which shall be paid at the time of recording by the persons making the locations.
5. [The certified copies of the mining records certified to be deposited and filed as provided in this section shall be received in evidence and shall have the same force and effect in all courts as the originals.
6.] Any person neglecting or refusing to comply with the provisions of subsection 2 shall be guilty of a misdemeanor.
Sec. 201. NRS 517.330 is hereby amended to read as follows:
517.330 1. Each mining district recorder of the several mining districts shall require all persons locating and recording a mining claim to make a duplicate copy of each mining notice, which copy the mining district recorder shall carefully compare with the original and mark duplicate on its face or margin. He shall immediately deposit with or transmit the same to the county recorders of the respective counties in which the mining district may be located.
2. At the time of comparing the duplicate notices with the original, the mining district recorders shall collect from the locators of the mining claims the sum of $1 for each notice compared, which sum he shall transmit, together with the duplicate notices, to the county recorders of the respective counties in which the mining claims shall be located.
3. Whenever, owing to the distance of the mining district from the county seat, it becomes inconvenient for the mining district recorder personally to deposit the duplicate copy with the county recorder, he may forward the same by mail or express or such other manner as will insure safe transit and delivery to the county recorder.
4. The county recorders of the several counties shall receive for their services in recording each of the duplicate notices mentioned in subsection 2 the sum of $1. If the location is made outside of an organized mining district, or in the absence of a mining district recorder in any organized mining district, the person or persons making such location shall, within 90 days after making the location, transmit a duplicate copy of such notice to the county recorder of the county in which the location is made and the county recorder shall record the same for a fee of $1.
5. [The record of any original or duplicate notice of the location of a mining claim in the office of the county recorder as provided in this section shall be received in evidence and have the same force and effect in the courts of this state as the original mining district records.
6.] Any person neglecting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor.
Sec. 202. NRS 517.350 is hereby amended to read as follows:
517.350 [1.] All instruments of writing relating to mining claims copied into books of mining records or other records in the office of the county recorders of the several counties prior to February 20, 1873, shall, after February 20, 1873, be deemed to impart to subsequent purchasers and encumbrancers and all other persons whomsoever notice of the contents thereof.
κ1971 Statutes of Nevada, Page 811 (CHAPTER 402, SB 12)κ
copied into books of mining records or other records in the office of the county recorders of the several counties prior to February 20, 1873, shall, after February 20, 1873, be deemed to impart to subsequent purchasers and encumbrancers and all other persons whomsoever notice of the contents thereof. Nothing contained in this subsection shall be construed to affect any rights acquired or vested prior to February 20, 1873.
[2. Copies of the records of all such instruments mentioned in subsection 1, duly certified by the county recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are provided by law for using copies of instruments relating to mining claims or real property, duly executed or acknowledged, or proved and recorded.]
Sec. 203. NRS 616.170 is hereby amended to read as follows:
616.170 1. The commission shall have a seal upon which shall be inscribed the words Nevada Industrial Commission — State of Nevada.
2. The seal shall be fixed to all orders, proceedings, and copies thereof, and to such other instruments as the commission may direct.
[3. All courts shall take judicial notice of the seal, and any copy of any record or proceeding of the commission certified under the seal shall be received in all courts as evidence of the original thereof.]
Sec. 204. NRS 618.160 is hereby amended to read as follows:
618.160 [1.] The department of industrial safety shall have a seal upon which will be the words Department of Industrial Safety, by which seal it shall authenticate its proceedings and orders.
[2. All papers made under such seal shall be admitted in evidence without further authentication or proof.]
Sec. 205. NRS 642.060 is hereby amended to read as follows:
642.060 1. The members of the board shall have power to adopt such regulations for the transaction of business of the board and management of its affairs as they may deem expedient.
2. The board is authorized to adopt and use a common seal. [Any description of any matter of evidence in the office of the board with the certificate of the secretary thereon attached, under the seal of the board, shall be competent evidence of such matter of record in any court in this state.]
Sec. 206. NRS 673.039 is hereby amended to read as follows:
673.039 1. The savings and loan division may adopt and amend, from time to time, regulations for the orderly conduct of its affairs.
2. The savings and loan division shall:
(a) Have a seal. [which shall be judicially noticed.]
(b) Keep, in the office of the commissioner, records of its proceedings. [In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of such records certified as correct under the seal of the division shall be admissible in evidence as tending to prove the contents of such records.]
Sec. 207. NRS 680.150 is hereby amended to read as follows:
680.150 1. The commissioner shall have the rights, powers and duties appertaining to the enforcement and execution of all the insurance laws of this state.
2. In addition to the other duties imposed upon him by law, the powers and duties of the commissioner shall be:
κ1971 Statutes of Nevada, Page 812 (CHAPTER 402, SB 12)κ
(a) To make reasonable rules and regulations as may be necessary for making effective such insurance laws; but nothing in this Title shall be deemed to empower the commissioner, by any rule or regulation, or by an administrative act, to differentiate between persons entitled to act as insurance agents in the State of Nevada on the basis that such persons are engaged in other businesses to which their insurance agency is incidental or supplemental.
(b) To conduct such investigations as may be necessary to determine whether any person or company has violated any provision of the insurance laws.
(c) To conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the insurance laws of this state.
(d) To classify as confidential certain records and information obtained by the insurance division [when the same] which are confidential communications as defined in chapter [48] 49 of NRS, or obtained from a governmental agency upon the express condition that [the same] they shall remain confidential.
Sec. 208. NRS 688.405 is hereby amended to read as follows:
688.405 1. Every society authorized to do business in this state shall appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such writing that any lawful process against it which is served on such attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state. [Copies of such appointment, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.]
2. Service shall be made only upon the commissioner, or if absent, upon the person in charge of his office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the commissioner, he shall forthwith forward one of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer.
3. No such service shall require a society to file its answer, pleading or defense in less than 30 days from the date of mailing the copy of the service to a society.
4. Legal process shall not be served upon a society except in the manner herein provided.
5. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of $2.
Sec. 209. NRS 15.020, 41.490, 47.010, 48.010 to 48.320, inclusive, 49.010 to 49.100, inclusive, 50.010 to 50.040, inclusive, 51.010 to 51.070, inclusive, 52.010 to 52.080, inclusive, 111.335, 174.355, 175.231, 175.281, 239.060, 239.115, 240.090, 266.065, 433.731, 441.270, 441.310, 454.445 and 639.237 are hereby repealed.
κ1971 Statutes of Nevada, Page 813 (CHAPTER 402, SB 12)κ
Sec. 210. (Deleted by amendment.)
Sec. 211. Section 2.110 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, is hereby amended to read as follows:
Sec. 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library. [, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Caliente.
4. The codification may be amended or extended by ordinance.
Sec. 212. Section 2.110 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 296, is hereby amended to read as follows:
Section 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the board by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least 1 week prior to the adoption of the ordinance. The board shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the board following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the board. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the clerk, and shall be published by title, together with the names of the supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance shall become effective.
κ1971 Statutes of Nevada, Page 814 (CHAPTER 402, SB 12)κ
provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance shall become effective. The board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher. [; and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof or, if published in book or pamphlet form by authority of the board, they shall be so received.]
Sec. 213. Section 2.120 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 297, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board, have incorporated therein a copy of this charter and such additional data as the board may prescribe. When such a code is published, two copies shall be filed with the librarian of the Nevada state library. [, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of Carson City.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance, which shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of Carson City.
4. The codification may be amended or extended by ordinance.
Sec. 214. Section 29 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, as amended by chapter 186, Statutes of Nevada 1967, at page 384, is hereby amended to read as follows:
Section 29. Ordinances when first proposed shall be read aloud in full to the board of supervisors, and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days, after its passage.
All ordinances shall be signed by the mayor and attested by the city clerk and be published once in full, together with the names of the supervisors voting for or against their passage, in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week before the same shall go into effect.
κ1971 Statutes of Nevada, Page 815 (CHAPTER 402, SB 12)κ
clerk and be published once in full, together with the names of the supervisors voting for or against their passage, in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week before the same shall go into effect. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. [, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of supervisors, they shall be so received.] All ordinances heretofore adopted or amended, unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 215. Section 29.5 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1110, is hereby amended to read as follows:
Section 29.5. 1. The board of supervisors shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of supervisors, have incorporated therein a copy of this charter and such additional data as the board of supervisors may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library. [, and thereafter the same shall be received in all courts of the state as an authorized compilation of the municipal ordinances of the city.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of Elko.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 216. Section 33 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, as amended by chapter 186, Statutes of Nevada 1967, at page 385, is hereby amended to read as follows:
Section 33. Ordinances-Procedure-Emergency Measures-Notices. Ordinances when first proposed shall be read aloud in full to the board of councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper published in the county and having a general circulation in the city, at least once and at least 1 week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
κ1971 Statutes of Nevada, Page 816 (CHAPTER 402, SB 12)κ
an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until 30 days after its passage.
All ordinances shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the county and having a general circulation in such city, at least once before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. [, and the book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the board of councilmen, they shall be so received.]
Sec. 217. Section 23 of Article VI of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 446, is hereby amended to read as follows:
Section 23. Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance. The council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council. Thereafter, except as provided in section 24, it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the city clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published in full, together with the names of the mayor and councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, for at least one publication before the same shall become effective.
κ1971 Statutes of Nevada, Page 817 (CHAPTER 402, SB 12)κ
Clark County and having a general circulation in the city, for at least one publication before the same shall become effective.
5. The city clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher. [and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the council, they shall be so received.]
Sec. 218. Section 25 of Article VI of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 447, is hereby amended to read as follows:
Section 25. Codification of ordinances; publication of code.
1. The city council has the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein a copy of this charter and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library. [, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of Henderson.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 219. Section 30 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 272, Statutes of Nevada 1959, at page 343, is hereby amended to read as follows:
Section 30. Ordinances — Procedure for Adoption. All proposed ordinances shall first be read by title to the board of commissioners, at a regular meeting, or special meeting called for that purpose, and then referred to a committee for consideration. The committee shall report said ordinances back to the board of commissioners at the next regular meeting, or at a special meeting called for that purpose, when said ordinances shall be read by title as first introduced, or if amended by the committee, as so amended, and shall be adopted or disapproved as so finally read. All ordinances, when adopted, shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against such adoption, once a week for two successive weeks immediately following such adoption, in a newspaper published in said city, and shall become effective immediately following the second publication thereof; provided, that in cases of emergency, all proposed ordinances shall be read by title when first introduced at a regular meeting, or special meeting called for that purpose and shall be adopted or disapproved as so read, or if amended, adopted as amended, and such ordinances shall be designated as emergency ordinances.
κ1971 Statutes of Nevada, Page 818 (CHAPTER 402, SB 12)κ
introduced at a regular meeting, or special meeting called for that purpose and shall be adopted or disapproved as so read, or if amended, adopted as amended, and such ordinances shall be designated as emergency ordinances. All emergency ordinances shall be signed by the mayor and attested by the city clerk, and be published in full, together with the names of the commissioners voting for or against their adoption, once a week for two successive weeks immediately following said adoption, in a newspaper published in said city, and shall become effective immediately following the second publication thereof.
The board may at any time make an order for the revision or codification of the ordinances of said city. Such revision or codification may, upon its adoption, include amendments, changes, and additions to existing ordinances, and new matters unrelated thereto. The proposed revision of codification of ordinances shall be filed with the city clerk for use and examination of the public for at least one week prior to the adoption of the ordinance adopting such revision or codification, and shall thereafter be adopted by the board after the same has been read by title at a regular meeting or at a special meeting called for that purpose, and shall be signed by the mayor and attested by the city clerk. When such a revision or codification of ordinances shall be so adopted, signed, and attested, and at least fifty copies thereof shall have been printed or typewritten in book, pamphlet or looseleaf form and not less than three copies thereof are filed in the office of the clerk of said city, and a notice referring to such revision or codification, adoption, and filing shall have been published once a week for two successive weeks in a newspaper published in said city, the ordinances as contained in such a revision, or codification shall become effective immediately after the second publication of such notice. It shall not be necessary to publish such revision or codification, or the ordinance adopting the same, as required in the first paragraph of this section with respect to ordinances generally.
The city clerk shall record all ordinances except the revision or code of ordinances, in a book kept for that purpose, together with the affidavits of publication by the publisher. [, and said book or certified copy of the ordinance therein recorded in the name of the city, and the book or pamphlet containing the revision or codification of ordinances or certified copy of all or any part thereof in the name of the city, shall be prima facie evidence in all courts and places without further proof.]
An ordinance may adopt any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Las Vegas, and with such other changes as may be desirable, by reference thereto. Such ordinance or the code adopted thereby need not be read or published as required in the first paragraph of this same section, if three (3) copies of such code, either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the adoption of the ordinance adopting said code.
κ1971 Statutes of Nevada, Page 819 (CHAPTER 402, SB 12)κ
adopting said code. Notice of such filing shall be given daily in a newspaper in the city of Las Vegas at least one week prior to the adoption of the ordinance adopting said code.
Sec. 220. Section 32 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 186, Statutes of Nevada 1967, at page 399, is hereby amended to read as follows:
Section 32. Enactment of Ordinances.
1. An ordinance may be introduced by any member of the city council at any regular or special meeting of the council. Upon introduction of any ordinance, the city clerk shall distribute a copy to each councilman, the mayor and the city manager, and shall file a reasonable number of copies in the office of the city clerk and in such other public places as the council may order. Final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose of content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole council, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
2. No ordinance passed by the board, unless it be an emergency measure, shall go into effect until fifteen days after its passage.
3. All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full together with the names of the councilmen voting for or against their passage, in a newspaper published in such city if there be one; otherwise, some newspaper published in the county and having a general circulation in such city, for a period of at least two weeks, and at least once a week during such time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in a book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publishers. [, and the book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the city council, they shall be so received.] All ordinances heretofore adopted or amended unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 221. Section 32.5 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 320, Statutes of Nevada 1963, and amended by chapter 440, Statutes of Nevada 1965, at page 1215, is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 820 (CHAPTER 402, SB 12)κ
Section 32.5. Codification of Ordinances; Publication of Municipal Code.
1. The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library and two copies shall be filed with the Clark County law library. [, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.
4. The codification may, by ordinance regularly passed, adopted and published be amended or extended.
Sec. 222. Section 7 of Article XII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 148, Statutes of Nevada 1949, at page 309, is hereby amended to read as follows:
Section 7. The style of ordinances shall be as follows: The city council of the city of Reno do ordain, and all proposed ordinances, when first proposed, shall be read by title to the city council and referred to a committee for consideration, after which an adequate number of copies of the ordinance shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Reno at least one week prior to the adoption of the ordinance, and the council shall adopt or reject the ordinance, or the ordinance as amended, within thirty days from the date of such publication. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon said proposed ordinance shall be finally voted upon or action thereon postponed. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published once in a newspaper published in the city of Reno before the same shall go into effect, except as provided in section 9a, article XII of this act. [In all prosecutions for the violation of any of the provisions of this charter or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of this charter and of such ordinance, rule, resolution, or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.]
κ1971 Statutes of Nevada, Page 821 (CHAPTER 402, SB 12)κ
rule, resolution, or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.]
Sec. 223. Section 9b 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, and amended by chapter 83, Statutes of Nevada 1951, at page 96, is hereby amended to read as follows:
Section 9b. The council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein the charter of the city and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the law library of the State of Nevada. [, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances and charter of the city of Reno.] The ordinances in such code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of mayor, attestations and other formal parts. Such codification shall be adopted by an ordinance and the only title necessary for such ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of Reno. Such codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 224. Section 7 of Article XIX of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, at page 140, is hereby amended to read as follows:
Section 7. This Act [shall be deemed a public Act and may be read in evidence without further proof, and judicial notice shall be taken thereof in all courts and places, and] shall be in full force and effect immediately upon its approval.
Sec. 225. Section 3.06 of Article III of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 107, Statutes of Nevada 1960, at page 124, is hereby amended to read as follows:
Section 3.06. The style of all ordinances shall be as follows: The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read by title to the city council and referred to a committee for consideration, after which an adequate number of copies of the ordinance shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance, or the ordinance as amended, within 30 days from the date of such publication.
κ1971 Statutes of Nevada, Page 822 (CHAPTER 402, SB 12)κ
the ordinance as amended, within 30 days from the date of such publication. In cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the ordinance with the city clerk need be published. At the next regular meeting or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed. All ordinances shall be signed by the mayor, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least one publication in such newspaper, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. [and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received.]
The council shall have the power to revise, codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein the charter of the city and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the state librarian of the state library. [, and thereafter the same shall be received in all courts of this state as an authorized revision and codification of the municipal ordinances and a compilation of the charter of the city of Sparks.] The ordinances in such code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of the mayor, attestations and other formal parts. Such revision and codification shall be adopted by an ordinance and the only title necessary for such ordinance shall be An ordinance for revising, codifying and compiling the general ordinances of the city of Sparks. Such municipal code may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 226. Section 39 of chapter II of the charter of the City of Wells, being chapter 159, Statutes of Nevada 1967, at page 297, is hereby amended to read as follows:
Section 39. Ordinances: Procedure; emergency measures; notices.
1. Ordinances when first proposed shall be read aloud in full to the board of councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least 1 week prior to the meeting at which such final action is to be taken. The notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance.
κ1971 Statutes of Nevada, Page 823 (CHAPTER 402, SB 12)κ
shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance. However, in cases of emergency, by unanimous consent of the whole board, special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
2. No ordinance passed by the board, unless it is an emergency measure, shall go into effect until 30 days, after its passage. If at any time during the 30 days a petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, is presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within 90 days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
Emergency measures shall be subject to referendum like other ordinances passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
3. Any proposed ordinance may be submitted to the board by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions shall be determined in the manner herein provided. The petition presenting the proposed ordinance shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance should be adopted; and if such petition contains a request that the ordinance be submitted to a vote of the people, the board shall either (a) pass such ordinance without alteration at its next regular meeting, after the sufficiency of the petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within 90 days thereafter, and at such special or general election submit such proposed ordinance without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance
Against the ordinance
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector, by making a cross (X) mark, may vote for or against the adoption of the ordinance.
κ1971 Statutes of Nevada, Page 824 (CHAPTER 402, SB 12)κ
square in which the elector, by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance vote, in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of 6 months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
4. All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper 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, for a period of at least 1 week before the same goes into effect, except that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication is necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher. [, and such book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the board of councilmen, they shall be so received.]
Sec. 227. Section 41 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 41. Codification of general ordinances.
1. The board of councilmen have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library. [, and thereafter such code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.]
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of Wells.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 228. Section 16 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, as amended by chapter 190, Statutes of Nevada 1957, at page 277, is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 825 (CHAPTER 402, SB 12)κ
Statutes of Nevada 1957, at page 277, is hereby amended to read as follows:
Section 16. 1. The style of all ordinances shall be as follows: The City Council of the City of Yerington do ordain. All proposed ordinances when first proposed shall be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance shall be filed with the city clerk for public examination. Notice of such filing shall be published once in a newspaper 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, at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.
2. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city. Twenty days after such publication the same shall go into effect, except emergency ordinances which may be effective immediately.
[4. In all prosecutions for the violation of any of the provisions of any city ordinance, rule, resolution, or other regulation of the city council, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of such ordinance, rule, resolution, or other regulation, and of the contents thereof. In all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true and correct copy of the original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.]
Sec. 229. Section 49 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, at page 172, is hereby repealed.
Sec. 230. This act shall become effective at 12:01 a.m. on July 1, 1971.
________
κ1971 Statutes of Nevada, Page 826κ
Senate Bill No. 189Committee on Federal, State and Local Governments
CHAPTER 403
AN ACT making an appropriation from the general fund in the state treasury to the governor for the purpose of providing an efficiency evaluation of the state government.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the governor the sum of $50,000 to be expended by him for the employment of staff, staff travel and operating expenses to provide an efficiency evaluation of Nevadas state government.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 265Mr. Homer
CHAPTER 404
AN ACT relating to hunting licenses; requiring certain persons to take a hunting safety course before receiving a hunting license; providing for hunter safety training; providing a penalty; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. On and after July 1, 1973, no hunting license shall be issued to any person under the age of 21 unless he presents to the department, or one of its authorized license agents, either:
(a) Satisfactory proof that he has held a hunting license issued by a department of fish and game; or
(b) A certificate of competency as provided by section 3 of this act; or
(c) Satisfactory proof that he has successfully passed a hunter safety gun-training course, or he has successfully completed other training equivalent to that provided in section 3 of this act for a certificate of competency.
2. On and after July 1, 1973, all persons 16 years of age and under, otherwise eligible to be licensed, upon applying for any hunting license in this state, must present a certificate of competency.
Sec. 3. The department shall certify instructors who will, on a voluntary basis and with the cooperation of the department, give instruction in the course of safe firearm handling established by the department to all eligible persons who, upon the successful completion of such course, shall be issued a certificate of competency in firearms handling.
κ1971 Statutes of Nevada, Page 827 (CHAPTER 404, AB 265)κ
Sec. 4. The commission may establish a fee not to exceed $2 to be assessed each person obtaining instruction in the safe handling of firearms. Such funds shall be deposited in the fish and game fund to be expended to cover costs of instruction.
Sec. 5. It is unlawful to issue or receive a hunting license in violation of section 2 of this act.
________
Assembly Bill No. 154Committee on Judiciary
CHAPTER 405
AN ACT relating to the supreme court of Nevada; revising the provisions pertaining to officers, employees and fees; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.250 is hereby amended to read as follows:
2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
(a) Whenever any appeal from the final judgment or any order of a district court shall be taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, shall be brought in or to the supreme court, the [party appealing or] appellant and any cross-appellant or the party brining [such] a special proceeding shall, at or before the filing of the transcript on such appeal, cross-appeal or petition in such special proceeding in the supreme court, pay the clerk of the supreme court the sum of $25, which payment shall be in full of all fees of the clerk of the supreme court in the action or special proceeding.
(b) No fees shall be charged by the clerk in any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or communication thereof is a party in his or its official capacity, against the officer or commission.
(c) In habeas corpus proceedings of a criminal or quasi-criminal nature no fees shall be charged.
2. No other fees shall be charged than those specially set forth herein nor shall fees be charged for any other services than those mentioned in this section.
3. The clerk of the supreme court shall keep in his office a fee book in which he shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book shall be open to public inspection.
4. The clerk of the supreme court shall publish and set up in some conspicuous place in his office a fee table for public inspection. A sum not exceeding $20 for each day of his omission so to do shall be forfeited, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.
κ1971 Statutes of Nevada, Page 828 (CHAPTER 405, AB 154)κ
which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.
5. All fees prescribed in this section shall be payable in advance, if demanded. If the clerk of the supreme court shall not have received any or all of his fees which may be due him for services rendered by him in any suit or proceeding, he may have execution therefor in his own name against the party or parties from whom they are due, to be issued from the supreme court upon order of a justice thereof or the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of any party paying a fee. The receipt shall specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, on the 1st Monday of each quarter, pay to the state treasurer all moneys received by him for court fees, rendering to the state treasurer a brief note of the cases in which the moneys were received. The moneys so received by the state treasurer shall be placed in the general fund.
8. If the clerk of the supreme court violates any of the provisions of subsections 2 and 3 of this section, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $1,000.
9. If the clerk of the supreme court shall take more or greater fees than are allowed herein, he shall be liable to indictment, and on conviction he shall be removed from office and fined in any sum not exceeding $1,000.
Sec. 2. NRS 2.300 is hereby amended to read as follows:
2.300 The supreme court, or a majority thereof, is authorized to employ [four stenographic clerks and five law clerks.] stenographic clerks, law clerks, legal assistants, legal secretaries and other necessary employees within the limits of the appropriation made for the support of the supreme court.
________
Assembly Bill No. 8Mr. Homer
CHAPTER 406
AN ACT authorizing the establishment and maintenance of a government museum in the Capitol Building by the director of the Nevada state museum; detailing certain powers and duties of the director and the chief of the buildings and grounds division of the department of administration; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.120 is hereby amended to read as follows:
331.120 1. Except as provided in [subsection 5,] NRS 331.130, the superintendent shall assign the rooms in the Capitol Building, and rooms elsewhere used by the state, and shall determine the occupancy thereof in such manner as the public service may require.
2. The executive and administrative officers, departments, boards, commissions and agencies of the state shall be provided with suitable quarters which shall, so far as is expedient, be in Carson City.
κ1971 Statutes of Nevada, Page 829 (CHAPTER 406, AB 8)κ
commissions and agencies of the state shall be provided with suitable quarters which shall, so far as is expedient, be in Carson City.
3. The superintendent shall provide suitable office space for the use of the governor-elect, and expend funds for incidental expenses connected therewith. The provisions of this subsection do not apply if the incumbent governor is elected to succeed himself.
4. The superintendent may provide suitable space in the Capitol Building for the permanent use of accredited members of the press and for the installation of communication equipment.
[5. The legislature reserves the supervision and control of:
(a) The second floor of the Capitol Building; and
(b) The first and second floors of the octagon annex to the Capitol Building.]
Sec. 2. NRS 331.130 is hereby amended to read as follows:
331.130 1. At all times the maintenance of the [legislative chambers] Capitol Building shall be under the supervision of the superintendent, and [the chambers] it shall be kept clean, orderly and presentable as befitting public property. [and the dignity of the legislature.]
2. [The director of the legislative counsel bureau is authorized to assign the use of space on the second floor of the Capitol Building and the first and second floors of the octagon annex to the Capitol Building during the interim between sessions of the legislature.] The former assembly, senate and supreme court chambers on the second floor of the Capitol Building shall be under the management of the director of the Nevada state museum for the purpose of establishing and maintaining a government museum. The remainder of the second floor of the Capitol Building shall be under the management of the superintendent.
Sec. 3. Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The director of the Nevada state museum shall:
1. Prepare and present exhibits in the government museum.
2. Conduct, in an appropriate manner, tours of the government museum.
3. In cooperation with other state agencies and departments, provide for the security of the government museum.
________
Senate Bill No. 2Senator Close
CHAPTER 407
AN ACT relating to public administrators; increasing the amount of the fiduciary bond required of the public administrator in certain counties; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 253.040 is hereby amended to read as follows:
253.040 1. Public administrators are authorized to administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their office, and shall be required to make formal application for letters of administration, and file and have approved a bond, payable to the State of Nevada, in all estates where the estimated value of the personal property shall exceed the sum of $500; but the bond of any public administrator may be increased as provided in this chapter or elsewhere in NRS.
κ1971 Statutes of Nevada, Page 830 (CHAPTER 407, SB 2)κ
to administer by virtue of their office, and shall be required to make formal application for letters of administration, and file and have approved a bond, payable to the State of Nevada, in all estates where the estimated value of the personal property shall exceed the sum of $500; but the bond of any public administrator may be increased as provided in this chapter or elsewhere in NRS.
2. Except as provided in subsection 3, in counties having a population of 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000. Such bond shall be conditioned that the public administrator will faithfully execute the duties of the trust according to law for each estate for which letters of administration have been issued to any such public administrator to an aggregate value of such estates of $100,000, or a separate bond for each estate in the manner prescribed by NRS 142.020.
3. The public administrator shall, in counties having a population of 100,000 or more, execute a separate bond, conditioned that he will faithfully execute the duties of the trust, for each such estate determined by the court to have a value in total assets exceeding $25,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 19Senator Young
CHAPTER 408
AN ACT relating to the issuance of citations for certain criminal offenses; permitting the issuance for game law, Nevada Boat Act and misdemeanor traffic offenses; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.106 is hereby amended to read as follows:
171.106 If it appears from the complaint or a citation issued pursuant to NRS 484.795 and sections 2 and 3 of this act, or from an affidavit or affidavits filed with the complaint or citation that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall be issued by the magistrate to any peace officer. Upon the request of the district attorney a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint [.] or citation. If a defendant fails to appear in response to the summons, a warrant shall issue.
Sec. 2. Chapter 488 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person shall, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken without unnecessary delay before the proper magistrate.
κ1971 Statutes of Nevada, Page 831 (CHAPTER 408, SB 19)κ
be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of identity; or
2. When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
Sec. 3. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any person is halted by a game warden for any violation of this title, the person shall, in the discretion of the game warden, either be given a citation or be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of identity; or
2. When the game warden has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
________
Senate Bill No. 118Senators Young, Hecht and Wilson
CHAPTER 409
AN ACT relating to water pollution control; requiring the reporting of certain discharges of materials into the waters of the state; establishing a filing fee; creating a fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 3 to 8, inclusive, of this act, division means the health division of the department of health, welfare and rehabilitation.
Sec. 3. The division shall prepare a register of critical materials which are or may become deleterious to human or animal life for use with the forms required by section 2 of this act. The division may include on such register water of a temperature other than that into which it is discharged.
Sec. 4. Every person who discharges, directly or indirectly any material listed in the register prepared pursuant to section 3 of this act, except sewage of human origin, into the waters of the state, whether surface or underground, or into any public sewer system, or into ponds for evaporation, shall file a report with the division every 2 years, or within 60 days of commencing or substantially increasing such discharge, on forms provided by the division. Such report shall set forth:
κ1971 Statutes of Nevada, Page 832 (CHAPTER 409, SB 118)κ
1. The nature of the activity causing such discharge.
2. The materials so discharged, including, but not limited to, those materials which appear on the register prepared pursuant to section 3 of this act.
3. The estimated volume of such material and water so discharged.
Sec. 5. The failure to comply with the provisions of sections 2 to 8, inclusive, of this act, may be enjoined by any court of competent jurisdiction upon petition by the attorney general.
Sec. 6. The division shall adopt rules and regulations as it deems necessary to effectuate the administration of sections 2 to 8, inclusive, of this act.
Sec. 7. The provisions of sections 2 to 8, inclusive, of this act, shall not apply to the discharge of any material or water as a result of any agricultural activity.
Sec. 8. 1. Every person required by the provisions of sections 2 to 8, inclusive, of this act, to file a report with the division shall submit with such report a filing fee of $10.
2. Such fee shall be deposited by the division in the water pollution report fund, hereby created in the state treasury.
________
Assembly Bill No. 804Mr. Jacobsen
CHAPTER 410
AN ACT to amend an act entitled An Act relating to the Marlette Lake water system; providing separately for the administration of land and for the administration, sale or lease of the water supply system; making appropriations; and providing other matters properly relating thereto, approved April 21, 1969; creating an advisory committee for the Marlette Lake water system; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 496, Statutes of Nevada 1969, at page 873, is hereby amended to read as follows:
Section 4. 1. The department of administration may sell the Marlette Lake water system, as redefined by section 1 of this amendatory act, to: [any]
(a) Any purchaser, [including but not limited to] excluding Carson City or a general improvement district, if such purchaser is first approved by the interim finance committee, for a price not less than its appraised value, which price may be payable over such term of years as will permit its payment, with interest at a mutually agreed rate upon the deferred balance, to be made from revenues of the system. The department of administration may, alternatively, lease the system for a term of not more than 99 years to any entity which would be a qualified purchaser under this [section,] paragraph, at a rental based upon the appraised value of the system.
κ1971 Statutes of Nevada, Page 833 (CHAPTER 410, AB 804)κ
this [section,] paragraph, at a rental based upon the appraised value of the system.
(b) Carson City or a general improvement district, if such purchaser and the purchase price are first approved by the interim finance committee, for a negotiated price less than its appraised value, which price may be payable over such term of years as will permit its payment, with interest at a mutually agreed rate upon the deferred balance, to be made from the revenues of the system. The department of administration may, alternatively, lease the system for a term of not more than 99 years to Carson City or a general improvement district which would be a qualified purchaser under this paragraph, at a rental based upon a negotiated value of the system.
2. In making any sale or lease pursuant to this section, the department of administration shall:
(a) Reserve full control over all land which is subject to NRS 331.170, as amended, for the purposes of that section.
(b) Consider and protect the needs of Virginia City, Gold Hill and Silver City to be supplied with water from the system.
Sec. 2. Section 4.5 of the above-entitled act, being chapter 496, Statutes of Nevada 1969, at page 873, is hereby amended to read as follows:
Section 4.5. The department of administration may sell the water distribution facilities serving Virginia City from below the syphon inlet tanks to and including Five-Mile Reservoir, to: [the unincorporated town of Virginia City, Storey County, or to any]
1. Any purchaser except the unincorporated town of Virginia City or Storey County, approved by the interim finance committee, for a price not less than its appraised value, which price may be payable over such term of years as will permit its payment, with interest at a mutually agreed rate upon the deferred balance, to be made from revenues of the water distribution facilities. The department of administration may, alternatively, lease the water distribution facilities for a term of not more than 99 years to any entity which would be a qualified purchaser under this [section,] paragraph, at a rental based upon the appraised value of the water distribution facilities.
2. The unincorporated town of Virginia City or Storey County, if such purchase price is first approved by the interim finance committee, for a negotiated price less than its appraised value, which price may be payable over such term of years as will permit its payment, with interest at a mutually agreed rate upon the deferred balance, to be made from revenues of the water distribution facilities. The department of administration may, alternatively, with the approval of the interim finance committee, lease the water distribution facilities for a term of not more than 99 years to the unincorporated town of Virginia City or Storey County, at a rental based upon a negotiated value of the water distribution facilities.
Sec. 3. Section 5 of the above-entitled act, being chapter 496, Statutes of Nevada 1969, at page 873, is hereby amended to read as follows:
Section 5. If the department of administration finds that a sale or lease pursuant to section 4 of this act is not feasible, it may, with the approval of the governor: [, sell]
κ1971 Statutes of Nevada, Page 834 (CHAPTER 410, AB 804)κ
1. Sell or lease the water distribution facilities, serving parts of Carson City, which are below the syphon inlet tanks, at a price not less than the appraised value of such facilities, to any purchaser, [including but not limited to] except Carson City or a general improvement district, if such purchaser is first approved by the interim finance committee.
2. Sell or lease the water distribution facilities, serving parts of Carson City, which are below the syphon inlet tanks, at a negotiated price, to Carson City or a general improvement district, if such sale or lease is first approved by the interim finance committee.
Sec. 4. Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The Marlette Lake water system advisory committee is hereby created to be composed of:
(a) One representative appointed by the state board of fish and game commissioners.
(b) One representative appointed by the state park advisory commission.
(c) Two legislators appointed by the legislative commission.
(d) One member of the staff of the legislative counsel bureau designated by the legislative commission.
2. Members of the advisory committee shall serve at the pleasure of their respective appointing authorities and shall receive necessary per diem allowances and travel expenses in the amounts specified by law.
3. The advisory committee may make recommendations to the interim finance committee, the department of administration and the governor concerning any proposed sale or lease of the Marlette Lake water system or any part thereof, but such recommendations shall not bind the interim finance committee, the department of administration or the governor.
4. The advisory committee shall assist the state department of conservation and natural resources in performing the duties imposed upon that department by NRS 331.170.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 171Senator Wilson
CHAPTER 411
AN ACT creating an investigative revolving fund for the use of the Nevada gaming commission and the state gaming control board in making investigations of applicants for state gaming licenses; providing for sources and uses of and refunds from such fund; requiring the deposit of certain excesses into the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An investigative revolving fund is hereby created for the purposes of paying all expenses incurred by the board and the commission for investigation of an applicants suitability for receiving a license under the provisions of this chapter.
κ1971 Statutes of Nevada, Page 835 (CHAPTER 411, SB 171)κ
of paying all expenses incurred by the board and the commission for investigation of an applicants suitability for receiving a license under the provisions of this chapter. Funding of the investigative revolving fund shall be made from moneys received by the state from applicants seeking a license. The amount to be paid by each applicant shall be the amount determined by the board in each individual case.
2. Expenses may be advanced from the investigative revolving fund by the chairman, and expenditures from such fund may be made without regard to NRS 281.160 or any act amendatory thereof or supplemental thereto. Any moneys received from the applicant in excess of the costs and charges incurred in the investigation and the processing of the applicants application shall be refunded to the applicant pursuant to regulations adopted by the board and the commission.
3. Expenditures from the investigative revolving fund shall not be included in the computation of the limit imposed by subsection 1 of NRS 463.330.
4. At the end of each fiscal year all moneys in excess of $2,000 shall be deposited in the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 116Senator Walker
CHAPTER 412
AN ACT relating to adoption of children; requiring the written consent of the father for the adoption of a child born out of wedlock, if the fathers parental rights have been established in a court of competent jurisdiction.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 127.040 is hereby amended to read as follows:
127.040 1. Written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized under NRS 127.050, duly acknowledged by the person or persons consenting, shall be required from:
(a) Both parents if both are living;
(b) One parent if the other is dead;
(c) The mother only of a child born out of wedlock [; or] except that if parental rights have been established in a court of competent jurisdiction by the father of such a child, pursuant to NRS 41.530, his consent shall be required; or
(d) The guardian of the person of a child duly appointed by a court of competent jurisdiction.
2. Consent shall not be required of a parent who has been adjudged insane for a period of 2 years, and the court is satisfied by proof that such insanity is incurable.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 836κ
Assembly Bill No. 665Miss Hawkins
CHAPTER 413
AN ACT relating to garages, repair shops and parking area keepers, automobile wreckers and abandoned vehicles; requiring reports on stolen or abandoned vehicles to the department of motor vehicles; modifying requirements for statements of charges for automobile repairs; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.010 is hereby amended to read as follows:
487.010 1. Whenever any vehicle of a type subject to registration under the laws of this state has been stored in a garage or parked in a trailer park or parking area for 30 days or if the keeper of the garage, trailer park or parking area knows or can ascertain the ownership but has reason to believe that such vehicle is stolen, abandoned or secreted he shall immediately report the presence and license plate number of such vehicle by registered or certified mail, return receipt requested, to:
(a) The sheriff of the county in which such vehicle is garaged or parked; or
(b) If such vehicle is garaged or parked in an incorporated city, the chief of police of the city [.] ; and
(c) The department of motor vehicles.
2. If after investigation the sheriff or chief of police determines that such vehicle is stolen, abandoned or secreted, he shall report such fact to the department of motor vehicles which shall immediately:
(a) If the vehicle is registered in this state, notify the legal owner and any holder of a security interest who appears of record.
(b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If such names and addresses are obtained, the department of motor vehicles shall notify each of such persons. The department of motor vehicles may utilize local law enforcement agencies of the State of Nevada to obtain the necessary information.
3. Failure to comply with the provisions of subsection 1 renders any lien for storage in excess of 30 days void.
Sec. 2. NRS 487.035 is hereby amended to read as follows:
487.035 1. In every instance where charges are made for the repair of an automobile the person making such charge shall present to the person requesting the repairs or the person entitled to possession of the automobile a statement of the charges containing the following information:
(a) The name and signature of the person authorizing or requesting the repairs;
(b) A statement of the total charges;
(c) An itemization and description of all parts used to repair the automobile indicating the charges made for each part;
(d) A statement of the charges made for labor; and
(e) A description of all other charges.
2. Any person violating this section is guilty of a misdemeanor.
κ1971 Statutes of Nevada, Page 837 (CHAPTER 413, AB 665)κ
3. In the case of an automobile registered in the State of Nevada no lien for labor or materials provided under NRS 108.267 to 108.360, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last-known address of the registered and the legal owner of the automobile. In all other cases such notice shall be made to the last-known address of the registered owner and any other person known to have or to claim an interest in the automobile.
________
Senate Bill No. 559Senator Fransway
CHAPTER 414
AN ACT offering alternative methods for calculating retirement benefits of former legislators who have continued in public service as members of the public employees retirement system; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.238 is hereby amended to read as follows:
218.238 1. A member of the public employees retirement system with service as a legislator prior to January 1, 1967, may continue such service under the public employees retirement system with benefits to be calculated in the manner prescribed [by NRS 286.470.] in subsections 2 or 3.
2. Benefits will be calculated in the manner prescribed by NRS 286.470 unless the member elects to have his benefits calculated pursuant to the provisions of subsection 3.
3. The member may elect to have his service as a legislator credited for retirement under chapter 286 of NRS as full-time service for the purpose of calculation of benefits at an annual gross compensation of $10,500. He shall, at the time of election, pay to the public employees retirement fund and the public employees retirement administrative fund the difference between such sums paid for his legislative service and the sums which would have been paid by him and the public employer on his behalf had he been in full-time service at an annual gross compensation of $10,500, but he shall be granted the same privileges of payment under the same conditions applicable to the repayment of previously withdrawn contributions by other members of the public employees retirement system.
4. Such service, when accredited under the public employees retirement system, will not be accreditable under the legislators retirement system.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 838κ
Senate Bill No. 562Senator Dodge
CHAPTER 415
AN ACT relating to courts of justice; requiring justices of the peace and police judges to attend courses of instruction in areas related to their elected or appointed positions; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 4 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The clerk of the supreme court shall, at the direction of the chief justice, arrange for the giving of instruction, at the National College of State Trial Judges in Reno, Nevada, or elsewhere:
1. In court procedure, record-keeping and the elements of substantive law appropriate to a justices court, to each justice of the peace who is first elected or appointed to office after the effective date of this act, and to other justices of the peace who so desire and who can be accommodated, between each general election and January 1 next following.
2. In statutory amendments and other developments in the law appropriate to a justices court, to all justices of the peace at convenient intervals.
Sec. 3. 1. Each justice of the peace who is first elected or appointed to office after the effective date of this act shall attend the instruction provided pursuant to section 2 of this act, on the first occasion when such instruction is offered after his election or appointment, unless excused by written order of a judge of the district court in and for his county, which shall be filed with the clerk of the supreme court. Such order is final for all purposes.
2. If a justice of the peace fails to attend such instruction without securing a written order pursuant to subsection 1, he forfeits his office.
Sec. 4. Chapter 5 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. The clerk of the supreme court of Nevada shall, at the direction of the chief justice, arrange for the giving of instruction, at the National College of State Trial Judges in Reno, Nevada, or elsewhere:
1. In court procedure, record-keeping and the elements of substantive law appropriate to a municipal court, to each police judge or municipal judge who is first elected or appointed to office after the effective date of this act, and to other such judges who so desire and who can be accommodated, between each election designated for the election of such judges and the date of entering office.
2. In statutory amendments and other developments in the law appropriate to a municipal court, to all such judges at convenient intervals.
Sec. 6. 1. Each police judge or municipal judge who is first elected or appointed to office after the effective date of this act shall attend the instruction provided pursuant to section 5 of this act on the first occasion when such instruction is offered after his election or appointment, unless excused by written order of a judge of the district court in and for the county where such city is situated, which shall be filed with the clerk of the supreme court.
κ1971 Statutes of Nevada, Page 839 (CHAPTER 415, SB 562)κ
county where such city is situated, which shall be filed with the clerk of the supreme court. Such order is final for all purposes.
2. If a police judge or municipal judge fails to attend such instruction without securing a written order pursuant to subsection 1, he forfeits his office.
________
Senate Bill No. 582Committee on Judiciary
CHAPTER 416
AN ACT relating to the protection of property; regulating the business of locksmiths and safe mechanics; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the contest otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Key means a mechanical device used for operating a lock and includes, but is not limited to:
1. A change key or a key designed to operate a specific lock.
2. A manipulation key or a key designed so that when variously positioned in the keyways of locks will operate the locks.
3. A master key or a key designed to operate a series of locks which are individually operated by change keys.
4. A tryout key or a key that will operate a series of locks in a larger series of locks.
Sec. 4. Lock means a mechanical device furnished with a spring and a bolt or with a similar contrivance used for fastening a door, strong box or other object and opened by means of a key or combination.
Sec. 5. Locksmith means a person whose occupation consists, in whole or in part, of:
1. Making, repairing or adjusting locks; or
2. Operating locks by mechanical means other than those intended by the manufacturers of the locks.
Sec. 6. Permit means a permit to operate as a locksmith or safe mechanic.
Sec. 7. Save mechanic means a person whose occupation consists in whole or in part of repairing, operating, adjusting or changing combinations on safes or vaults.
Sec. 8. 1. Every person who wishes to operate as a locksmith or safe mechanic shall obtain a permit from the sheriff of the county in which his principal place of business is located.
2. The sheriff of a county shall issue a permit to any applicant who pays a permit fee of $5 and who qualifies under any ordinance adopted by the board of county commissioners of such county regulating the occupation of locksmiths.
κ1971 Statutes of Nevada, Page 840 (CHAPTER 416, SB 582)κ
pays a permit fee of $5 and who qualifies under any ordinance adopted by the board of county commissioners of such county regulating the occupation of locksmiths.
3. A permit expires 1 year from the date it was obtained and may be renewed. The renewal permit fee is $1.
4. The holder of a permit shall have the permit in his possession at all times.
5. The holder of a permit shall, within 10 days, report any change of address of his principal place of business to the sheriff of the county in which the permit was obtained.
Sec. 9. Any person who violates any provision of this chapter shall be punished by a fine of not more than $500, and may be further punished by the revocation of his permit.
________
Senate Bill No. 587Committee on Finance
CHAPTER 417
AN ACT relating to the public employees retirement system; making employees of the Marlette Lake water system eligible for membership in the public employees retirement system as of the date of their initial employment; making an appropriation to the public employees retirement fund as necessary employer and employee contributions; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding the provisions of any other section of this chapter, all employees of the Marlette Lake water system employed by the state pursuant to the provisions of NRS 331.160 shall, for purposes of eligibility for membership in the public employees retirement system, be considered to have been employed by the state as of the date of their initial employment by the Marlette Lake water system while still under private ownership.
2. Membership of such employees in the public employees retirement system shall be retroactive upon payment of all employer and employee contributions for prior service.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the public employees retirement fund the sum of $9,081, which shall constitute full payment of all employer and employee contributions due such fund for prior service of employees of the Marlette Lake water system in accordance with the provisions of section 1 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 841κ
Senate Bill No. 588Committee on Finance
CHAPTER 418
AN ACT correcting references to a per diem allowance for members of the Indian affairs commission.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233A.080 is hereby amended to read as follows:
233A.080 Commissioners who are not in the regular employ of the State of Nevada shall receive a [per diem allowance] salary of $25 for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law. Commissioners who are in the regular employ of the state shall receive no [per diem allowance,] salary, but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law in lieu of other provisions made by law for reimbursement of their expenses as state employees. Claims for payment of all expenses incurred by the commission, including the [per diem allowances] salaries and expenses of its commissioners, shall be made on vouchers and paid as other claims against the state are paid.
________
Senate Bill No. 620Committee on Federal, State and Local Governments
CHAPTER 419
AN ACT permitting the state planning board to authorize change orders not to exceed a certain percent of the awarded contract price.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 341.150 is hereby amended to read as follows:
341.150 1. The state planning board shall furnish engineering and architectural services to all state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except highway maintenance buildings. All such departments, boards or commissions are required and authorized to use such services.
2. The services shall consist of:
(a) Preliminary planning.
(b) Designing.
(c) Estimating of costs.
(d) Preparation of detailed plans and specifications.
The board may submit preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds.
κ1971 Statutes of Nevada, Page 842 (CHAPTER 419, SB 620)κ
and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds. The costs shall not exceed the limitations that are or may be provided by the legislature.
3. The board shall:
(a) Have final authority for approval as to architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Solicit bids for and let all contracts for new construction or major repairs.
(c) Have authority to negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:
(1) The bid is less than the appropriation made by the legislature for that building project; and
(2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.
(d) Have authority to reject any or all bids.
(e) After the contract is let, have supervision and inspection of construction or major repairs. The cost of supervision and inspection shall be a charge against the appropriation or appropriations made by the legislature for the building or buildings.
(f) Have authority to authorize change orders, prior to or during construction, not to exceed in the aggregate, 10 percent of the total awarded contract price.
(g) Have final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
________
Senate Bill No. 528Senator Close
CHAPTER 420
AN ACT excepting from the bond requirement for construction controls for certain purposes lenders of construction loan moneys approved by certain government agencies, and previously licensed to do business in Nevada.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 627.180 is hereby amended to read as follows:
627.180 1. Except for savings and loan associations, state banks and national banking associations, licensed to do business in the State of Nevada, under laws of the State of Nevada, or under the laws of the United States, or underwritten title insurance companies authorized to do business in the State of Nevada, or lenders of construction loan moneys for dwelling units who are approved by the Federal Housing Administration or Veterans Administration and who have been licensed and authorized to do business in the State of Nevada, every construction control doing business in the State of Nevada shall, within 30 days immediately following July 1, 1965, file with the real estate administrator a bond, executed by some corporation authorized to issue surety bonds in this state, in a penal sum equal to 1 1/4 times the amount of capital in the business but in no event less than $20,000, and such bond shall be kept in full force and effect or replaced by a like bond as a condition to continuing to do business as a construction control in the State of Nevada.
κ1971 Statutes of Nevada, Page 843 (CHAPTER 420, SB 528)κ
doing business in the State of Nevada shall, within 30 days immediately following July 1, 1965, file with the real estate administrator a bond, executed by some corporation authorized to issue surety bonds in this state, in a penal sum equal to 1 1/4 times the amount of capital in the business but in no event less than $20,000, and such bond shall be kept in full force and effect or replaced by a like bond as a condition to continuing to do business as a construction control in the State of Nevada.
2. The form of bond required is as follows:
BOND NO.
CONSTRUCTION CONTROL BOND
KNOW ALL MEN BY THESE PRESENTS:
That I, ........................., having a principal place of business in ........................., Nevada, as principal, and ........................., a corporation licensed to execute surety bonds under the provisions of NRS 693.100, as surety, are held and firmly bound to the State of Nevada, for the use of any person by whom funds are entrusted to the principal or to whom funds are payable by the principal, in the sum of ......................... Dollars, lawful money of the United States of America, to be paid to the State of Nevada, for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, Under the Construction Control Law, certain duties, obligations and requirements are imposed upon all persons, copartnerships, associations or corporations acting as construction controls;
NOW, THEREFORE, If the principal and its agents and employees shall faithfully and in all respects conduct business as a construction control in accordance with the provisions of the Construction Control Law, this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, That the surety or sureties may cancel this bond and be relieved of further liability hereunder by delivering 30 days written notice of cancellation to the principal; however, such cancellation shall not affect any liability incurred or accrued hereunder prior to the termination of such 30-day period;
PROVIDED FURTHER, That the total aggregate liability of the surety or sureties herein for all claims which may arise under this bond shall be limited to the payment of ......................... Dollars.
IN WITNESS WHEREOF, The principal and surety have hereunto set their hands this day of ........................., 19.....
...........................................................
By......................................................
Principal
(SURETY)
By......................................................
Attorney
________
κ1971 Statutes of Nevada, Page 844κ
Senate Bill No. 523Committee on Finance
CHAPTER 421
AN ACT authorizing the state fire marshal to appoint deputies and necessary staff within limits of legislative appropriations.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 477.013 is hereby amended to read as follows:
477.013 1. The state fire marshal is authorized to appoint [one deputy to assist him in carrying out the provisions of this chapter.] , within the limits of legislative appropriations, deputies and such staff as is necessary to the performance of his duties.
2. The [deputy] deputies and additional personnel appointed by the state fire marshal pursuant to subsection 1 shall be in the classified service of the state in accordance with the provisions of chapter 284 of NRS.
________
Senate Bill No. 460Senator Pozzi
CHAPTER 422
AN ACT making permissive the retention by the court of jurisdiction of a child until he reaches the age of 21, under the Juvenile Court Act.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.070 is hereby amended to read as follows:
62.070 1. When jurisdiction shall have been obtained by the court in the case of any child, the court [shall] may retain jurisdiction of the child until it reaches the age of 21 years.
________
Senate Bill No. 459Senator Swobe
CHAPTER 423
AN ACT relating to county recorders; clarifying the requirements of preparing and contents of indexes.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.150 is hereby amended to read as follows:
247.150 1. Each county recorder shall keep two separate indexes for each separate book or series of books maintained in his office for the separate recordation of the various classes of instruments alphabetically specified in NRS 247.120.
κ1971 Statutes of Nevada, Page 845 (CHAPTER 423, SB 459)κ
separate recordation of the various classes of instruments alphabetically specified in NRS 247.120. One of the indexes shall be for the grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or first party to any such instrument, and the other of such indexes shall be for the grantee, mortgagee, defendant, the party releasing or waiving or assigning or subordinating, or the second party thereto.
2. Each of the indexes shall be so arranged as to show:
(a) The names of each of the parties to every instrument.
(b) The date when such instrument was filed in the office of the county recorder.
(c) The book and page where such instrument is recorded, or the file number and file where such instrument may be filed.
(d) Such other data as in the discretion of the county recorder may seem desirable.
In the event the index shall be of one general series of books for all instruments recorded, it shall also show the character of the instrument indexed.
3. The county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the several indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept therein.
4. The first column of the several indexes for grantors, mortgagors, plaintiffs, assignees, parties benefited by a subordination, waiver or release, or the first parties to any instrument, shall be properly designated to show the name of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, judgment debtor, lienee or first party, as the case may be, and the first column of the index provided for grantees, mortgagees, defendants, the parties releasing or waiving or assigning or subordinating, or the second parties to any instrument shall be properly designated to show the name of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, judgment creditor, lienor or second party, as the case may be, and the names of the parties in the first column of such indexes must be arranged in alphabetical order.
5. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, testate, or ward, or party for whom the trust is held, must be inserted in the index.
6. In addition to the indexes above provided for, the county recorder shall also keep and maintain such other indexes as may from time to time be required in the performance of his official duties.
7. Every instrument filed in the office of any county recorder for record or filed, but not for recordation, must be alphabetically indexed in the indexes so provided for each separate book or set of books or file, under the names of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or the first party thereto, in the index provided for that purpose, and also under the names of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party thereto, in the index provided for that purpose.
κ1971 Statutes of Nevada, Page 846 (CHAPTER 423, SB 459)κ
subordinating, or second party thereto, in the index provided for that purpose.
8. As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes card indexes with a metal-reinforced hole punched therein for rod insertion, and such card indexes shall be kept in suitable metal file cabinets.
________
Senate Bill No. 457Committee on Judiciary
CHAPTER 424
AN ACT relating to declaratory judgments; establishing a procedure for declaratory relief concerning orders of trial courts prohibiting the publication and broadcasting of lawfully obtained information by newspapers and other news media; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 30 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If during the course of any proceeding or the trial of any action in any court, the trial judge issues an order prohibiting a newspaper or other news media from publishing or broadcasting information lawfully obtained by such newspaper or other news media concerning such proceeding or trial, the newspaper or other news media may seek declaratory relief concerning the validity of the order by filing a petition with:
(a) A district judge of the judicial district where the court sits; or
(b) Any district judge of an adjacent judicial district, if there is only one district judge in the judicial district in which such proceeding or action is being heard or tried.
2. All cases in which the validity of any such order is questioned shall be advanced as a matter of immediate public interest and concern, and shall be heard at the earliest practicable moment.
3. Notwithstanding the provisions of NRS 30.080, a district court shall not refuse to render or enter a declaratory judgment or decree if the proceeding or trial in which the prohibitory order was entered has been concluded, the orderly administration of justice demanding an early judicial examination into and a determination of the validity of the order to afford relief from uncertainty and insecurity with respect to constitutional rights.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 847κ
Senate Bill No. 345Senator Wilson
CHAPTER 425
AN ACT relating to criminal trials; providing methods whereby a trial may proceed in an orderly fashion when a defendant attempts to interfere with the conduct of the trial; providing a penalty; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 175 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever a defendant interferes with the orderly course of a trial by his disruptive, disorderly or disrespectful conduct, the court may:
(a) Order the defendant bound and gagged.
(b) Cite the defendant for contempt.
(c) Order the defendant removed from the courtroom and proceed with the trial.
2. No such order or citation shall issue except after the defendant has been fully and fairly informed that his conduct is wrong and intolerable and has been warned of the consequences of continued misconduct.
3. A defendant who has been removed from the courtroom may be returned upon his promise to discontinue such misconduct. If his misconduct continues after his return the court may proceed as provided in subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 420Committee on Labor
CHAPTER 426
AN ACT increasing compensation to and restricting traveling expenses and subsistence allowances of members of the employment security council.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.305 is hereby amended to read as follows:
612.305 1. To assure an impartial development of administrative policies within the employment security department, there is hereby created the Nevada employment security council.
2. The employment security council shall consist of nine men and women appointed by the governor, and shall consist of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and of such members representing the general public as the governor may designate.
3. The terms of office of the members of the employment security council shall be 4 years each, but the terms of four of the members first appointed shall be 2 years each.
κ1971 Statutes of Nevada, Page 848 (CHAPTER 426, SB 420)κ
council shall be 4 years each, but the terms of four of the members first appointed shall be 2 years each.
4. The governor may, in his discretion, remove any member of the employment security council for cause.
5. Members of the employment security council shall be paid at the rate of [$15] $25 per day of actual service, [and shall be reimbursed for their necessary expenses.] and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
6. Regular meetings of the employment security council shall be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman.
7. The executive director shall be an ex officio member of the employment security council and shall be secretary thereof. The secretary shall receive no compensation for his services on the employment security council, but he shall be reimbursed for his necessary traveling and other expenses.
________
Senate Bill No. 422Committee on Labor
CHAPTER 427
AN ACT increasing compensation for and restricting traveling expenses and subsistence allowances of members of the state farm labor advisory council under the Unemployment Compensation Law.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.315 is hereby amended to read as follows:
612.315 1. To assist the employment security department in accomplishing the objective of providing an effective farm placement service to agricultural workers, employers and the continuing needs of industry, the employment security department is committed to maintaining a state farm labor advisory council.
2. The state farm labor advisory council shall consist of five members who shall include representatives of substantial commodity interests so that the problems peculiar to each commodity group will be considered in state planning and administration. The members shall be appointed by the governor for terms of 4 years each.
3. The members of the state farm labor advisory council shall be paid at the rate of [$15] $25 per day of actual service, [and shall be reimbursed for their necessary expenses.] and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
4. An annual meeting of the state farm labor advisory council shall be held and special meetings may be held at the call of the chairman.
5. The executive director shall be an ex officio member of the state farm labor advisory council and shall be secretary thereof.
________
κ1971 Statutes of Nevada, Page 849κ
Senate Bill No. 317Committee on Finance
CHAPTER 428
AN ACT making an appropriation from the general fund in the state treasury to the department of state printing for the purpose of purchasing an offset press; providing for repayment of such appropriated moneys; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the department of state printing the sum of $87,000 for the purpose of purchasing an offset press.
2. Commencing July 1, 1971, and continuing for 10 fiscal years until the sum of $87,000 is paid into the general fund in the state treasury, the superintendent of the department of state printing shall cause to be paid to the state treasurer for deposit in the general fund in the state treasury the sum of $8,700 derived from receipts or moneys receivable from using agencies for materials, printing and reproduction supplied by the department of state printing.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 242Committee on Judiciary
CHAPTER 429
AN ACT requiring the attorney general to keep a record of cases involving state officers or cases on appeal involving counties; deleting the requirement that he keep a docket of causes; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 228.160 is hereby amended to read as follows:
228.160 1. The attorney general shall keep a [docket of all causes to which the state, or any officer of the state in his official capacity, or any county may be a party.
2. The docket shall set forth:
(a) The county, district and court in which the causes shall have been instituted, tried and adjudged and whether civil or criminal causes.
(b) If it is a civil cause:
(1) The nature of the demand.
(2) The stage of the proceedings.
(3) When prosecuted to judgment.
(4) A memorandum of the judgment, of the process, if any issued thereon, and whether satisfied or not, and if not satisfied, the return of the sheriff or other officer on the process.
κ1971 Statutes of Nevada, Page 850 (CHAPTER 429, SB 242)κ
(c) If it is a criminal cause:
(1) The nature of the crime.
(2) The mode of prosecution.
(3) The style of the proceedings.
(4) When prosecuted to sentence, a memorandum of the sentence.
3. The docket shall at all times, in business hours, be open to the inspection of the public.] record of each case to which the state or any officer of the state in his official capacity may be a party, or of any case on appeal to which a county may be a party.
2. Such record shall contain a copy of all pleadings and process, interlocutory and final orders, judgments and decrees, process issued thereon and satisfaction thereof, and memorandum of sentence.
3. Such records shall be open to the public for inspection during business hours.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 421Committee on Labor
CHAPTER 430
AN ACT increasing compensation to and restricting traveling expenses and subsistence allowances of members of the board of review under the Unemployment Compensation Law.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.325 is hereby amended to read as follows:
612.325 1. There shall be created a board of review consisting of three members appointed by the governor for terms of 4 years each. One member shall be representative of labor, one member shall be representative of employers and one member shall be representative of the public.
2. Vacancies shall be filled by appointments by the governor for the unexpired terms.
3. The governor may, at any time after notice and hearing, remove any member of the board of review for cause.
4. Each member shall be paid from the unemployment compensation administration fund at the rate of [$15] $25 per day of active service, [together with actual and necessary travel expenses.] and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
________
κ1971 Statutes of Nevada, Page 851κ
Assembly Bill No. 680Mrs. Brookman, Mr. Smalley, Misses Hawkins, Foote, Messrs. Capurro, Lingenfelter, May, Branch, Hilbrecht, Dreyer, Schofield, Valentine, Smith, Mrs. Frazzini, Messrs. Homer, Getto, Howard, Ashworth, Kean, Glaser, Hafen and Lauri
CHAPTER 431
AN ACT relating to the adoption of children; empowering the welfare division of the department of health, welfare and rehabilitation to grant financial assistance to certain adoptive homes; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The welfare division of the department of health, welfare and rehabilitation is hereby authorized and empowered to consent to the adoption of a child under 18 years of age with special needs due to race, age, physical or mental problems in the custody of the welfare division by proposed adoptive parents of limited means when, in the judgment of the welfare division, it would be to the best interests of such child to be placed in such adoptive home and it would be difficult to locate a suitable adoptive home where the adoptive parents would be capable of bearing the full costs of maintaining such child.
2. Upon such consent and approval by the court, the welfare division is authorized, if within the limitation imposed by subsection 7, to grant financial assistance for maintenance or preexisting physical or mental conditions to the adoptive parents out of such funds as may be provided for that purpose if:
(a) Due and diligent effort has been made by the welfare division to locate a suitable adoptive home for such child where financial assistance would not be required.
(b) The state welfare administrator has reviewed and approved in writing the proposed adoption and grant of assistance.
3. The financial assistance grant shall be limited by agreement in writing between the welfare division and the adoptive parents, both as to amount and duration, which agreement shall not become effective unless presented to and approved by the court at the time of making the order of adoption.
4. Any grant of financial assistance shall be reviewed and evaluated at least once annually by the welfare division. Such evaluation shall be presented for approval to the court with a recommendation by the state welfare administrator. Financial assistance shall be discontinued immediately upon written notification to the welfare division by the court that continued assistance is denied.
5. All financial assistance provided under this section shall cease immediately when the child attains his or her majority, becomes self-supporting, is emancipated or dies, whichever event shall first occur.
6. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance shall in any way alter or affect the legal status or respective obligations of any party to such adoption.
κ1971 Statutes of Nevada, Page 852 (CHAPTER 431, AB 680)κ
7. The total of all grants of financial assistance made by the welfare division pursuant to this section in any one fiscal year shall not exceed $10,000.
________
Senate Bill No. 307Senator Dodge
CHAPTER 432
AN ACT relating to the University of Nevada System; granting subpena power to university officials for use in disciplinary hearings; providing for judicial enforcement of the subpena; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of regents, the chancellor, the presidents of the University of Nevada, Las Vegas, and University of Nevada, Reno, the director of the desert research institute and director of the community college division shall have subpena power in all instances involving disciplinary hearings of members of the university community.
2. Such persons may issue subpenas requiring the attendance of witnesses before them together with all books, memoranda, papers and other documents relative to the matters under investigation or to be heard, administer oaths and take testimony thereunder.
3. The district court in and for the county in which any hearing is being conducted by any of the persons named in subsection 1 may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the person holding the hearing.
4. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena, the person holding the hearing may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the person holding the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such a hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before such person.
5. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing.
κ1971 Statutes of Nevada, Page 853 (CHAPTER 432, SB 307)κ
than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before such person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 743Mr. Fry
CHAPTER 433
AN ACT relating to interception and disclosure of wire and radio communications and private conversations; increasing the number of crimes for which the interception of such communications or conversations, relating to the commission or possible commission of such crimes, is permissible; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.660 is hereby amended to read as follows:
200.660 1. An ex parte order for the interception of wire or radio communications or private conversations may be issued by the judge of a district court or of the supreme court upon application of a district attorney or of the attorney general setting forth fully the facts and circumstances upon which the application is based and stating that:
(a) There are reasonable grounds to believe that the crime of murder, kidnaping, extortion, robbery, bribery or crime endangering the national defense or a violation of [the Uniform Narcotic Drug Act] chapter 453 of NRS or the dangerous drug law as provided in chapter 454 of NRS has been committed or is about to be committed; and
(b) There are reasonable grounds to believe that evidence will be obtained essential to the solution of such crime or which may enable the prevention of such crime; and
(c) No other means are readily available for obtaining such evidence.
2. Where statements in the application are solely upon the information or belief of the applicant, the precise source of the information and the grounds for the belief must be given.
3. The applicant must state whether any prior application has been made to intercept private conversations or wire or radio communications on the same communication facilities or of, from or to the same person, and, if such prior application exists, the applicant shall disclose the current status thereof.
4. The application and any order issued under this section shall identify fully the particular communication facilities on which the applicant proposed to make the interception and the purpose of such interception.
κ1971 Statutes of Nevada, Page 854 (CHAPTER 433, AB 743)κ
identify fully the particular communication facilities on which the applicant proposed to make the interception and the purpose of such interception.
5. The court may examine, upon oath or affirmation, the applicant and any witness the applicant desires to produce or the court requires to be produced.
6. Orders issued under this section shall not be effective for a period longer than 60 days, after which period the court which issued the order may, upon application of the officer who secured the original order, in its discretion, renew or continue the order for an additional period not to exceed 60 fays. All further renewals thereafter shall be for a period not to exceed 30 days.
________
Assembly Bill No. 807Committee on Government Affairs
CHAPTER 434
AN ACT validating, ratifying, approving and confirming prior actions of the board of county commissioners of Nye County, Nevada, concerning the organization and establishment of the unincorporated town of Beatty; specifying the boundaries of the unincorporated town of Beatty; asserting the applicability of the 1971 Public Securities Validation Act to such unincorporated town; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. All actions of the board of county commissioners of Nye County, Nevada, heretofore taken concerning the organization and establishment of the unincorporated town of Beatty in Nye County, Nevada, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities in the creation of such unincorporated town.
2. The boundaries of the unincorporated town of Beatty, in Nye County, Nevada, are as contained on the official plat, copies of which have been filed with the county recorder and the county assessor of Nye County, Nevada, and the Nevada tax commission in compliance with NRS 234.250.
Sec. 2. The provisions of the 1971 Public Securities Validation Act (chapter 17, Statutes of Nevada 1971) apply specifically to the unincorporated town of Beatty in Nye County, Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 855κ
Senate Bill No. 441Committee on Labor
CHAPTER 435
AN ACT relating to unemployment compensation; increasing compensation and limiting traveling expenses and subsistence allowances of members of appeal tribunals appointed by the board of review under the Unemployment Compensation Law.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.490 is hereby amended to read as follows:
612.490 1. To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with NRS 612.230, or a body consisting of three members, one of whom shall be a salaried examiner and who shall serve as chairman, one of whom shall be a representative of employers and the other of whom shall be a representative of employees. Each of the latter two members shall serve at the pleasure of the board of review and each shall be paid a fee of not more than [$15] $25 per day of active service on such tribunal, [plus necessary expenses.] plus traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
2. No person shall participate on behalf of the executive director or the board of review in any case in which he is an interested party.
3. The board of review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates.
4. In no case shall a hearing proceed unless the chairman of the appeal tribunal is present.
5. The executive director shall provide the board of review and such appeal tribunal with proper facilities and assistants for the execution of their functions.
________
Assembly Bill No. 475Messrs. Bryan, Fry, Dreyer, Olsen and Mrs. Brookman
CHAPTER 436
AN ACT relating to obscene or threatening phone calls; removing anonymity as an element of the offense; requiring telephone companies to provide certain assistance in tracing obscene and threatening telephone calls; and providing other matters properly relating thereto.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.255 is hereby amended to read as follows:
201.255 1. Any person who willfully makes a telephone call [without disclosing his true identity] and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of his family is guilty of a misdemeanor.
κ1971 Statutes of Nevada, Page 856 (CHAPTER 436, AB 475)κ
addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of his family is guilty of a misdemeanor.
2. Every person who makes a telephone call with intent to annoy another [and without disclosing his true identity to the person answering the telephone] is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.
3. Any violation of subsections 1 and 2 is committed at the place at which the telephone call or calls were made and at the place where the telephone call or calls were received, and may be prosecuted at either place.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every public utility furnishing telephone service in this state shall provide any lawful assistance requested by any sheriff or his deputy, or chief of police or policeman, in tracing any person who uses obscene language, representations or suggestions in addressing any person by telephone, or addresses to such person any threat to inflict injury to the person or property of the person addressed, when such request is made in writing to such public utility.
2. Good faith reliance by the public utility on such request shall constitute a complete defense to any civil or criminal suit against the public utility on account of assistance rendered by such utility in responding to such request.
3. The provisions of subsection 1 shall not be construed to permit wiretapping, which may be engaged in only pursuant to the provisions of NRS 200.660.
________
Senate Bill No. 570Committee on Judiciary
CHAPTER 437
AN ACT relating to the administration of the fish and game laws; eliminating redundant and repetitive language in a provision relating to the appointment of county game management boards.
[Approved April 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.265 is hereby amended to read as follows:
501.265 1. Each member of the board, except those persons who are members by virtue of NRS 501.263, 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:
κ1971 Statutes of Nevada, Page 857 (CHAPTER 437, SB 570)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. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 660Senator Pozzi
CHAPTER 438
AN ACT authorizing Carson City through its board of supervisors to incur an indebtedness and to issue general obligation bonds maturing serially within not exceeding 40 years from their respective dates after authority is conferred by an election for the purpose of purchase or other acquisition of a municipal water system notwithstanding certain provisions of the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of supervisors of Carson City, Nevada, may, notwithstanding the provisions of subsection 2 of NRS 350.630, if authority is conferred at an election whereby a majority of the electors voting on the bond question is in favor of the issuance of bonds, incur an indebtedness on the behalf and in the name of Carson City as a whole by the issuance of its negotiable, coupon general obligation bonds, in one series or more, to mature serially within not exceeding 40 years from their respective dates and commencing not later than the third year thereafter in such manner as the board of supervisors may determine, for the purpose of the purchase, other acquisition, improvement and equipment of facilities to comprise a municipal water system, including, without limitation, the acquisition of water treatment facilities, buildings, structures, fixtures, furniture, sites, other interests in real property and other appurtenances incidental thereto, including without limitation, as a part of such municipal water system, the acquisition, directly or indirectly, of properties of the Carson Water Company or the Southwest Gas Company, or both companies, but no such bonds authorized in any bond question approved at the election shall be delivered after the expiration of 6 years from the date of the election.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 858κ
Assembly Bill No. 767Mr. Bryan
CHAPTER 439
AN ACT relating to public utilities; requiring public utilities to pay the prime rate of interest plus additional points on deposits required of consumers; providing a penalty; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every public service company, corporation or individual furnishing light and power, telephone, gas or water, or any of them, to the public shall pay to every customer or consumer from whom any deposit has been required interest on the deposit in an amount equal to the average prime rate plus 1 percent per annum from the date of deposit until the date of settlement or withdrawal of deposit. Average prime rate is the arithmetic mean of the range of interest rates in effect during the next preceding calendar year prior to the settlement date or the withdrawal date of the deposit. Where such deposit remains for a period of 1 year or more and the person making the deposit continues to be a customer or consumer, the interest on the deposit shall be either paid in cash to the depositor or applied on current bills for the use of the service provided by the public utility, as the depositor may desire.
2. Any public utility that fails, refuses or neglects to pay the interest provided in subsection 1 and in the manner required by subsection 1 is guilty of a misdemeanor.
Sec. 2. NRS 704.670 is hereby repealed.
________
Senate Bill No. 264Committee on Federal, State and Local Governments
CHAPTER 440
AN ACT relating to elections; establishing procedures for revoting in a precinct where a malfunction in a voting machine influenced the outcome of an election; requiring notice of the revote; providing for payment of costs; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. A revote may be held in any precinct in any election where voting machines were used if all of the following conditions are fulfilled:
1. A recount has been performed in accordance with the provisions of this chapter for the particular election where the revote is requested.
2. A request for a revote is filed with the county clerk no later than 5 days after the recount is completed.
κ1971 Statutes of Nevada, Page 859 (CHAPTER 440, SB 264)κ
3. Such a request is in writing, setting forth:
(a) The name of the candidate making the request;
(b) The office for which the revote is requested;
(c) The names of the other candidates for that office;
(d) A statement of the reasons for the request for a revote, including why it is suspected that a particular voting machine malfunctioned and that such malfunction influenced the outcome of the election in a manner adverse to the candidate requesting the revote.
4. The candidate personally verifies the statement requesting a revote in the manner provided for the verification of pleadings in civil actions.
5. The board of county commissioners has found in the manner provided in subsection 5 of NRS 293.387 that the particular voting machine malfunctioned.
Sec. 3. 1. Within 3 days after the filing of a request for a revote with the county clerk, the county clerk shall notify the board of county commissioners of such filing and the board of county commissioners shall proceed immediately to unlock, examine and test the counting and voting mechanisms of such voting machine in the manner provided in subsection 5 of NRS 293.387.
2. The county clerk shall provide the candidate making the request for a revote with a copy of the statement of the board of county commissioners prepared pursuant to subsection 5 of NRS 293.387. If the statement finds that the particular voting machine did malfunction the county clerk shall, within 5 days from the date of the statement, schedule a revote in the precinct where it was requested. If the statement finds that the particular voting machine did not malfunction, the county clerk shall proceed no further and shall not schedule a revote.
Sec. 4. The revote shall be conducted in accordance with all of the provisions of this Title regarding the first election, except as follows:
1. At least 10 days notice, but no more than 14, shall be given by publishing notice of such election for at least 7 consecutive days in a newspaper of general circulation in the area where the revote is to be held; and
2. Only the names of those candidates who are involved in the race for the office for which the revote was requested shall appear on the voting machine; and
3. A different voting machine shall be used than the one used in the first election; and
4. Only those persons who voted in that precinct in the first election shall be allowed to revote.
Sec. 5. The count of the revote shall be submitted to the recount board which completed the first recount and shall be utilized as the true count for the precinct in which the revote was conducted.
Sec. 6. The county shall bear all costs incident to the revote.
Sec. 7. Nothing in sections 2 to 7, inclusive, of this act shall be construed as preventing any candidate from exercising any other rights granted to him by any other provision of this chapter, including the right to contest the election in accordance with the provisions of this chapter.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 860κ
Senate Bill No. 206Senator Swobe
CHAPTER 441
AN ACT relating to the honor camp fund; enlarging authorized expenditures therefrom; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.196 is hereby amended to read as follows:
209.196 1. There is hereby created in the state treasury the honor camp fund.
2. Any moneys received from the operation of any honor camp established pursuant to the provisions of this chapter [,] or any honor camp crew assigned pursuant to NRS 209.475, to the extent that such moneys are not used for salaries, overhead or operating expenses of any such camp [,] or crew, shall be placed in the honor camp fund.
3. The honor camp fund shall be a continuing fund, and no moneys in such fund shall be transferred to the general fund in the state treasury.
4. The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:
(a) Expend the moneys in the honor camp fund for: [the]
(1) The renovation, repair or improvement of buildings and other facilities for any honor camp.
(2) The acquisition of special clothing, tools and equipment and payment of expenses directly related to work projects performed by honor camp crews such as, but not limited to, the costs of utilities and operation of equipment.
(b) Direct all activities in connection with any such renovation, repair or improvement of buildings and other facilities for any honor camp [.] or any honor camp work project.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 108Senators Young, Hecht, Wilson and Foley
CHAPTER 442
AN ACT providing for private actions for protection against pollution; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 5, inclusive, of this act.
κ1971 Statutes of Nevada, Page 861 (CHAPTER 442, SB 108)κ
Sec. 2. 1. Any person who is a resident of this state may commence an action in any district court of this state where any violation is alleged to have occurred, to enforce compliance with any statute, regulation or ordinance for the protection of the air, water and other natural resources from pollution, impairment or destruction, if such person has first given 30 days written notice of his intention to file suit.
2. Such action shall be brought against the person, firm, company, corporation, association, county, city or town causing such pollution, impairment or destruction. The state or political subdivision thereof responsible for enforcing such statute, regulation or ordinance shall be named as a necessary party to the action.
Sec. 3. The court may order the petitioner to post a surety bond or cash in an amount not to exceed $500 to pay any cost or judgment which might be rendered adverse to him in any action brought under this chapter. Costs may be apportioned to the parties if the interests of justice require.
Sec. 4. The court may grant temporary or permanent equitable relief, or may enter such order as may be necessary to enforce compliance with any statute, regulation or ordinance for the protection of the air, water and other natural resources from pollution, impairment or destruction.
Sec. 5. This chapter shall be supplementary to existing administrative and regulatory procedures provided by law.
________
Senate Bill No. 32Senator Hug
CHAPTER 443
AN ACT establishing procedures for sealing and unsealing records of juveniles if certain conditions are met; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In any case in which a child is taken into custody by a peace officer, is taken before a probation officer, or appears before a judge or master of a juvenile court, district court, justices court or municipal court, the child or a probation officer on his behalf may petition for the sealing of all records relating to the child, including records of arrest, but not including records relating to misdemeanor traffic violations, in the custody of the juvenile court, district court, justices court or municipal court, probation officer, law enforcement agency, or any other agency or public officials, if:
(a) Three years or more have elapsed after termination of the jurisdiction of the juvenile court; or
(b) Three years or more have elapsed since the child was so taken or so appeared.
κ1971 Statutes of Nevada, Page 862 (CHAPTER 443, SB 32)κ
2. The court shall notify the district attorney of the county and the probation officer, if he is not the petitioner. The district attorney, probation officer, any of their deputies or any other persons having relevant evidence may testify at the hearing on the petition.
3. If, after the hearing, the court finds that, since such termination of jurisdiction, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers and exhibits in such persons case in the custody of the juvenile court, district court, justices court, municipal court, probation officer, law enforcement agency or any other agency or public official, sealed. Other records relating to the case, in the custody of such other agencies and officials as are named in the order, shall also be ordered sealed.
4. The court shall send a copy of the order to each agency and official named therein.
(a) Each agency and official shall, within 5 days after receipt of the order:
(1) Seal records in its custody, as directed by the order.
(2) Advise the court of its compliance.
(3) Seal the copy of the courts order that it or he received.
(b) As used in this section, seal means placing the records in a separate file or other repository not accessible to the general public.
5. If the court orders the records sealed, all proceedings recounted in the records are deemed never to have occurred and the minor may properly reply, accordingly, to any inquiry concerning the proceedings and the events which brought about the proceedings.
6. The person who is the subject of records sealed pursuant to this section may petition the court to permit inspection of the records by a person named in the petition and the court may order such inspection.
7. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
Sec. 3. Any decree or order entered by a judge or master of a juvenile court, district court, justices court or municipal court concerning a child within the purview of this chapter shall contain, for the benefit of the child, an explanation of the contents of section 1 of this act.
________
κ1971 Statutes of Nevada, Page 863κ
Assembly Bill No. 519Mr. Kean
CHAPTER 444
AN ACT relating to private corporations; entitling a stockholder to inspect, copy or audit financial records thereof in certain instances; providing penalties; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who has been a stockholder of record of any corporation and owns not less than 15 percent of all of the issued and outstanding shares of the stock of such corporation or has been authorized in writing by the holders of at least 15 percent of all its issued and outstanding shares, upon at least 5 days written demand, is entitled to inspect in person or by agent or attorney, during normal business hours, the books of account and all financial records of such corporation, to make extracts therefrom, and to conduct an audit of such records. Holders of voting trust certificates representing 15 percent of the issued and outstanding shares of the corporation shall be regarded as stockholders for the purpose of this subsection. The right of stockholders to inspect the corporate records shall not be limited in the articles or bylaws of such corporation.
2. All costs for making extracts of records or conducting an audit shall be borne by the person exercising his rights under subsection 1.
3. The rights authorized by subsection 1 may be denied to any stockholder upon his refusal to furnish the corporation an affidavit that such inspection, extracts or audit is not desired for any purpose not related to his interest in the corporation as a stockholder. Any stockholder or other person, exercising rights under subsection 1, who uses or attempts to use information, documents, records or other data obtained from the corporation, for any purpose not related to the stockholders interest in the corporation as a stockholder, is guilty of a gross misdemeanor.
4. If any officer or agent of any corporation keeping records in this state willfully neglects or refuses to permit an inspection of such books of account and financial records upon demand by a person entitled to inspect them, or refuses to permit an audit to be conducted, as provided in subsection 1, such corporation shall forfeit to the state the sum of $25 for every day of such neglect or refusal, and such corporation, officer or agent thereof shall be jointly and severally liable to the person injured for all damages resulting to him therefrom.
5. The provisions of this section do not apply to any corporation listed and traded on any recognized stock exchange nor shall it apply to any corporation that furnishes to its stockholders a detailed, annual financial statement.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 864κ
Senate Bill No. 470Committee on Judiciary
CHAPTER 445
AN ACT permitting a state highway construction contractor to withdraw amounts retained by the department of highways under the contract upon depositing certain security with the state highway engineer; providing the procedure to be followed by the state treasurer; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.920 is hereby amended to read as follows:
408.920 1. The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place, or on the job site, or at a location approved by the engineer, and invoiced, and labor expended thereon. Not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement or construction, except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.
2. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer. Whenever a project is sufficiently completed to be placed into service and a portion of the contract work not to exceed 5 percent of the total contract price of the project in value cannot be readily completed because of factors beyond the contractors control, the engineer may give his final acceptance in the manner provided in NRS 408.925 and deduct from the retained percentage such sum as he may determine sufficient to complete the contract by the department or by other means.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditors claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors claims filed with the department.
5. The contractor under any contract made prior to or after the effective date of this act or awarded by the department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under such contract which are retained by the department, pursuant to the terms of such contract, if the contractor deposits with the engineer:
κ1971 Statutes of Nevada, Page 865 (CHAPTER 445, SB 470)κ
such contract which are retained by the department, pursuant to the terms of such contract, if the contractor deposits with the engineer:
(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or Unites States treasury bills; or
(b) Bonds or notes of the State of Nevada; or
(c) General obligation bonds of any political subdivision of the State of Nevada.
Certificates of deposit shall be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under such contract.
6. The engineer shall have the power to enter into a contract or agreement with any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section. Such services shall include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.
7. The engineer or any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the engineer shall deliver each such coupon as it matures to the contractor.
8. Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, shall be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor shall be entitled to receive the interest, coupons or income only from those obligations which remain on deposit after such amount has been deducted.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 423Committee on Federal, State and Local Governments
CHAPTER 446
AN ACT to amend NRS 244.250, relating to the presentation of unaudited claims against a county, by removing the certification requirement.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.250 is hereby amended to read as follows:
244.250 1. All unaudited claims or accounts against any county shall be presented to the board of county commissioners [, duly certified by the claimant,] within 6 months from the time such claims or accounts become due or payable.
κ1971 Statutes of Nevada, Page 866 (CHAPTER 446, SB 423)κ
claimant,] within 6 months from the time such claims or accounts become due or payable. [The certification required by this subsection shall be in substantially the following form: I hereby certify that the above and foregoing claim against ......................... County, State of Nevada, is just and reasonable, and that the claim is now due, owing and unpaid.]
2. No claim or account against any county shall be audited, allowed or paid by the board of county commissioners, or any other officer of the county, unless the provisions of subsection 1 are strictly complied with.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 781Committee on Ways and Means
CHAPTER 447
AN ACT relating to the state department of agriculture; requiring the department to maintain certain records concerning special taxes; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.130 is hereby amended to read as follows:
552.130 1. [The] Upon the receipt of the statement from the county assessor, the department shall [fix] :
(a) Fix the annual special tax not exceeding 25 cents on each stand of bees as provided in subsection 2, and [send] record the amount of any such tax as receivable.
(b) Send notice of the same to the board of county commissioners of each county previous to the annual levy of taxes by the board of county commissioners.
2. When notified by the department, the board of county commissioners shall, at the time of the annual levy of taxes, levy the tax recommended by the department under the provisions of subsection 1, not to exceed 25 cents on each stand of bees assessed in its county.
3. Upon the receipt of any such tax and the report thereof by the state controller, the department shall credit the amount of such tax as paid on its records. Any uncollected tax shall, annually, be reconciled with each countys tax roll.
4. This section does not apply to stands of bees imported into this state for pollination purposes pursuant to the provisions of NRS 552.210.
[4.] 5. Owners of five or less stands of bees are exempt from the tax imposed by this section.
Sec. 2. NRS 571.035 is hereby amended to read as follows:
571.035 1. At the completion of each annual assessment and its equalization, the county assessor of each county shall prepare a statement showing the total number of stock cattle, milk cows, bulls, horses, mules, burros, asses, stallions, jacks, hogs, pigs, goats and poultry assessed, or exempted from taxation pursuant to NRS 361.160, in such county and the ownership and location of the same, and shall forward the statement to the department.
κ1971 Statutes of Nevada, Page 867 (CHAPTER 447, AB 781)κ
the ownership and location of the same, and shall forward the statement to the department.
2. [The] Upon receipt of the statement from the county assessor, the department shall fix [an] , and record as receivable, the amount of the annual special tax on each head of the following specified classes of livestock, and not exceeding the following rates per head for each class:
Class Rate per head
Stock cattle.............................................................................................. $0.28
Milk cows................................................................................................ .53
Bulls......................................................................................................... .75
Horses...................................................................................................... .36
Mules....................................................................................................... .36
Burros or asses....................................................................................... .07
Stallions................................................................................................... .75
Jacks......................................................................................................... .75
Hogs......................................................................................................... .07
Pigs........................................................................................................... .035
Goats........................................................................................................ .06
Poultry..................................................................................................... .003
3. The department shall send notice of the special tax on each head of the specified classes of livestock to the board of county commissioners of each county prior to the annual levy of taxes by the board, and, when so notified, the board shall, at the time of the annual levy of taxes, levy the special taxes fixed by the department.
4. Upon the receipt of any such tax and the report thereof by the state controller, the department shall credit the amount of such tax as paid on its records. Any uncollected tax shall, annually, be reconciled with each countys tax roll.
5. The special taxes shall be collected as other taxes, and transmitted to the state treasurer, who shall deposit the taxes in the livestock inspection fund.
________
Assembly Bill No. 325Messrs. Hafen and Getto
CHAPTER 448
AN ACT relating to underground waters and wells; modifying a definition; and increasing the daily maximum draught from a well for certain purposes.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 534.010 is hereby amended to read as follows:
534.010 1. As used in this chapter:
(a) Aquifer means a geological formation or structure that transmits water.
(b) Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
κ1971 Statutes of Nevada, Page 868 (CHAPTER 448, AB 325)κ
impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
(c) Domestic use extends to culinary and household purposes, in a single-family dwelling, the watering of a family garden, lawn, and the watering of domestic animals.
(d) Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
(e) Person shall be interpreted to mean any individual, firm, partnership, association, company or corporation, municipal corporation, power district, political subdivision of this or any state, or a United States Government agency.
(f) Waste is defined as causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
(g) Well driller means any person who shall drill a well or wells, for compensation or otherwise.
(h) Well drilling or drilling a well are synonymous, and constitute drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.
2. As used in this chapter, the terms underground water and ground water are synonymous.
Sec. 2. NRS 534.180 is hereby amended to read as follows:
534.180 This chapter shall not apply in the matter of obtaining permits for the developing and use of underground water from a well for domestic purposes where the draught does not exceed a daily maximum of [1,440] 1,800 gallons, except as to the furnishing of any information required by the state engineer.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 546Senator Pozzi
CHAPTER 449
AN ACT relating to motor vehicle equipment; prohibiting the resetting or disconnection of odometers in motor vehicles; providing penalties and exceptions; and providing other matters properly relating thereto.
[Approved April 23, 1971]
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 4, inclusive, of this act.
Sec. 2. 1. As used in this section, true mileage driven means that mileage driven by the motor vehicle and registered by the odometer within the manufacturers designed tolerance.
κ1971 Statutes of Nevada, Page 869 (CHAPTER 449, SB 546)κ
mileage driven by the motor vehicle and registered by the odometer within the manufacturers designed tolerance.
2. It is unlawful for any person to:
(a) Advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage driven by such motor vehicle.
(b) With the intent to defraud, operate a motor vehicle on any street or highway knowing that the odometer of such motor vehicle is disconnected or nonfunctional.
(c) Replace, disconnect, turn back or reset the odometer of any motor vehicle with the intent to reduce the number of miles indicated on the odometer gauge.
Sec. 3. Each owner shall, at the time of transferring his interest in a motor vehicle to another person, execute a statement indicating the mileage on the odometer at the time of transfer. The transferee shall retain this statement in his possession for not less than 2 years.
Sec. 4. Nothing contained in sections 2 and 3 of this act shall make it unlawful to disconnect the odometer of a new motor vehicle being:
1. Tested by the manufacturer before delivery to a dealer.
2. Driven from the premises of a manufacturer, distributor or dealer to the premises of another manufacturer, distributor or dealer incident to the sale of such motor vehicle.
________
Senate Bill No. 55Senators Close and Walker
CHAPTER 450
AN ACT relating to private investigators, private patrolmen, process servers, polygraph operators and repossessors; amplifying the definition of private patrolman; allowing a residual amount to remain in the private investigators contingent fund at the end of a fiscal year; increasing license fees; decreasing the time within which a lapsed license can be renewed; giving the private investigators licensing board the power of subpena; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 648.013 is hereby amended to read as follows:
648.013 Private patrolman means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen, uniformed traffic-control officers or other individuals for the purpose of protecting persons or property or to prevent the theft, loss or concealment of property of any kind.
Sec. 2. NRS 648.040 is hereby amended to read as follows:
648.040 1. All receipts under this chapter shall be reported at the beginning of each month for the month preceding to the state controller.
κ1971 Statutes of Nevada, Page 870 (CHAPTER 450, SB 55)κ
The entire amount received shall be paid into the state treasury to the credit of the private investigators contingent fund. [account.]
2. The fund [account] shall be used by the board for the administration of this chapter and to pay the expenses and salary of members and employees of the board.
3. Any balance in excess of $2,500 remaining in such fund [account] at the end of a fiscal year shall revert to the general fund.
Sec. 3. NRS 648.070 is hereby amended to read as follows:
648.070 Every applicant for a license under this chapter shall file with the board a written application accompanied by a fee of [$25] $50 to cover costs of examination. The fee shall not be rebatable. The written application shall be in accordance with the following provisions:
1. If the applicant is an individual the application shall be signed and verified by the individual.
2. If the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership.
3. If the applicant is a corporation:
(a) The application shall be signed and verified by the president, the secretary and the treasurer thereof, and shall specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporations outstanding paid-up capital stock.
(4) Whether such stock was paid for in cash or property, and if in property, the nature and description of the property.
(b) The application shall also be accompanied by a duly certified copy of the corporations certificate of incorporation.
(c) The successor to every such officer shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribed for an individual signatory to an application.
(d) In the event of the death, resignation or removal of such officer, due notice of that fact shall forthwith be given in writing to the chairman of the board.
4. If the applicant fails to pass the examination required by NRS 648.100 he shall not be reexamined until he has paid another fee of [$25] $50 to cover costs of reexamination.
Sec. 4. NRS 648.146 is hereby amended to read as follows:
648.146 If a licensee fails to renew his license within the time fixed by NRS 648.144, his license shall be automatically forfeited, but may be reinstated within [1 year] 30 days of the date of the forfeiture upon compliance with the rules and regulations of the board and upon application of the licensee and upon the payment of the reinstatement fee provided by this chapter. Reinstatement of a forfeited license shall not prohibit the bringing of disciplinary proceedings for any act committed during the period of forfeiture.
Sec. 5. NRS 648.160 is hereby amended to read as follows:
648.160 1. The board may, upon its own motion, investigate the actions of any person holding or claiming to hold a license.
2. The board shall, upon the filing with it of a verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license, investigate the actions of any person holding or claiming to hold a license.
κ1971 Statutes of Nevada, Page 871 (CHAPTER 450, SB 55)κ
writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license, investigate the actions of any person holding or claiming to hold a license.
3. The board has the power of subpena in a hearing before it on a license violation. If any person refuses to respond to a subpena, the board shall certify the facts to the district court of the county where the hearing is being conducted. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The order and a copy of the certified statement shall be served on the person. Thereafter the court shall have jurisdiction of the matter. The same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action.
________
Senate Bill No. 634Senators Brown, Lamb, Gibson, Harris, Titlow and Pozzi
CHAPTER 451
AN ACT concerning the University of Nevada, Las Vegas; authorizing the acquisition of a certain specified facility at such university, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, duties, rights, privileges, immunities, liabilities, limitations and other details in connection with the University of Nevada, Las Vegas, its board of regents, such facility, such securities, the revenues for their payment, their proceeds, other moneys and pledges and liens pertaining thereto, including without limitation by reference to the University Securities Law; authorizing the issuance of general obligation state securities, for the purpose of acquiring with the proceeds thereof the certain specified facility required by the University of Nevada, Las Vegas; requiring annually the levy and collection of a general (ad valorem) property tax to pay the interest on and principal of such securities, and appropriating the proceeds of such taxes for that purpose; prescribing powers, duties and responsibilities of the state general obligation bond commission, the state planning board and state officers; making an appropriation to the state general obligation bond commission account in the state treasury; relating to the construction and other acquisition of properties pertaining to such facilities; otherwise concerning such securities and properties, and taxes, other moneys, and pledges and liens pertaining thereto, by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in section 2 to 7, inclusive, of this act, terms used or referred to in sections 2 to 7, inclusive, of this act are as defined in the University Securities Law; but the following terms whenever used or referred to in sections 2 to 7, inclusive, of this act and in the University Securities Law in its connection with sections 2 to 7, inclusive, of this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
κ1971 Statutes of Nevada, Page 872 (CHAPTER 451, SB 634)κ
act and in the University Securities Law in its connection with sections 2 to 7, inclusive, of this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
Sec. 2. Net pledged revenues means all the pledged revenues, as defined in section 3 of this act, without any deduction of any operation and maintenance expenses except as provided in such definition of pledged revenues.
Sec. 3. 1. Pledged revenues means the student fees, as defined in section 5 of this act, and if hereafter authorized by law, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, on net revenues, if any, to be derived from the operation of income-producing facilities of the university or the board or from other available sources and to which the pledge and lien provided for the payment of the securities authorized in sections 2 to 7, inclusive, of this act and any other securities payable therefrom are extended.
2. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualifications.
Sec. 4. Project means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on the campus of the University of Nevada, Las Vegas, as delineated and described in section 6 of this act, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. Student fees means the gross fees hereinafter described in this section from students attending the University of Nevada, Las Vegas, formerly designated as Nevada Southern University, which students are using or being served by, or having the right to use, or having the right to be served by the Student Union Building, at the University of Nevada, Las Vegas, which fees are commonly designated as the University of Nevada, Las Vegas, Student Center Building Fee, and the University of Nevada, Las Vegas, Capital Improvement Fee, and if hereafter authorized by law, all additional student fees, if any, to which the pledged and lien provided for the payment of the securities authorized in sections 2 to 7, inclusive, of this act and any other securities payable therefrom are extended. The designated Building Fee now consists of $27 per academic semester for each full-time student and $2 per credit hour for each part-time student for any attendance at the University of Nevada, Las Vegas (i.e., for the regular academic year of two semesters, the evening division, and summer school), which fee commenced to accrue upon the completion of the acquisition of such Student Union Building. The designated Capital Improvement Fee now consists of $42 per academic semester for each full-time student and $3 per credit hour for each part-time student for any attendance at the University of Nevada, Las Vegas (i.e., for the regular academic year of two semesters, the evening division, and summer school). A full-time student course in any semester consists of at least 9 credit hours, and a part-time student course in any semester consists of not more than 8 credit hours.
κ1971 Statutes of Nevada, Page 873 (CHAPTER 451, SB 634)κ
Sec. 6. 1. The board, on the behalf and in the name of the university, is authorized by sections 2 to 7, inclusive, of this act, as supplemented by the provisions of the University Securities Law:
(a) To construct, otherwise acquire and improve (or any combination thereof) with incidentals comprising the project, and excluding any costs defrayed with moneys available therefor other than proceeds of any securities authorized in sections 2 to 7, inclusive, of this act, a gymnasium building on the campus of the University of Nevada, Las Vegas;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $2,500,000 in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including without limitation proceeds of securities authorized by sections 2 to 7, inclusive, of this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 2 to 7, inclusive, of this act except as therein otherwise expressly provided.
2. Nothing in sections 2 to 7, inclusive, of this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. The powers conferred by sections 2 to 6, inclusive, of this act shall be in addition to and supplemental to, and the limitations imposed by sections 2 to 6, inclusive, of this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued under the provisions of sections 2 to 6, inclusive, of this act without regard to the procedure required by any other such law except as otherwise provided in sections 2 to 6, inclusive, of this act or in the University Securities Law. Insofar as the provisions of sections 2 to 6, inclusive, of this act are inconsistent with the provisions of any other law, general or special, the provisions of sections 2 to 6, inclusive, of this act shall be controlling.
Sec. 8. Terms used or referred to in sections 8 to 17, inclusive, of this act are as defined in the State Securities Law; but the terms commission and project, wherever used or referred to in sections 8 to 17, inclusive, of this act, unless the context otherwise requires, have the meanings ascribed to them in sections 9 and 10 of this act.
Sec. 9. Commission means the state general obligation bond commission.
Sec. 10. Project means the project defined in section 4 of this act, as further delineated and described in section 6 of this act.
Sec. 11. After receipt of a resolution from the state planning board certifying the need for moneys with which to acquire the project, the commission is authorized to acquire the properties comprising the project at a cost not exceeding $2,287,000.
κ1971 Statutes of Nevada, Page 874 (CHAPTER 451, SB 634)κ
commission is authorized to acquire the properties comprising the project at a cost not exceeding $2,287,000.
Sec. 12. The commission, on the behalf and in the name of the state, may:
1. Acquire the properties pertaining to the project, including without limitation water and water rights, for the benefit and welfare of the people of the state and the University of Nevada on the campus of the University of Nevada, Las Vegas; and
2. Borrow money and otherwise become obligated in a total principal amount of not exceeding $2,287,000 to defray wholly or in part the cost of the project, or any part thereof.
Sec. 13. 1. Subject to the limitation as to the maximum principal amount in section 12 of this act, the commission may issue to evidence such obligations at any time or from time to time after the effective date of this act, but not after 5 years from the effective date thereof, as the commission may determine, general obligation state securities in accordance with the provisions of the State Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act, except as limited in the State Securities Law and in sections 8 to 17, inclusive, of this act.
2. Nothing in sections 8 to 17, inclusive, of this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or any predecessor thereof at any time as provided in the State Securities Law, as from time to time amended, except as therein limited.
Sec. 14. 1. An annual general (ad valorem) tax shall be levied and collected sufficient to pay the interest on the state securities semiannually, and the principal thereof within 20 years from the effective date of this act.
2. The proceeds of such taxes are specially appropriated to the payment of such principal and interest.
3. Such appropriation shall not be repealed nor the taxes postponed or diminished until such principal and interest has been wholly paid.
4. The payment of such securities, the levy of such taxes and the appropriation of the proceeds thereof shall be in the manner delineated in NRS 349.236 to 349.248, inclusive, being a part of the State Securities Law, and other provisions therein supplemental thereto.
Sec. 15. 1. There is hereby appropriated from the general fund in the state treasury to the state general obligation bond commission account the sum of $20,000.
2. Within the limitations of the appropriation made by subsection 1, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the state securities. All expenses incurred for the preparation, sale and delivery of the state securities, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the state general obligation bond commission account.
Sec. 16. The proceeds of the sale or sales of the state securities except the proceeds of any such securities issued to fund or refund outstanding securities shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 11 of this act, but if it appears at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance as provided in the State Securities Law.
κ1971 Statutes of Nevada, Page 875 (CHAPTER 451, SB 634)κ
for its use pursuant to the provisions of section 11 of this act, but if it appears at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance as provided in the State Securities Law.
Sec. 17. The powers conferred by sections 8 to 16, inclusive, of this act shall be in addition to and supplemental to, and the limitations imposed by sections 8 to 16, inclusive, of this act shall not affect, the powers conferred by any other law, general or special; and the state securities may be issued under the provisions of sections 8 to 16, inclusive, of this act without regard to the procedure required by any other such law except as otherwise provided in sections 8 to 16, inclusive, of this act or in the State Securities Law. Insofar as the provisions of sections 8 to 16, inclusive, of this act are inconsistent with the provisions of any other law, general or special, the provisions of sections 8 to 16, inclusive, of this act shall be controlling.
Sec. 18. 1. All phases of the planning, design, construction and equipment of the project as defined in section 4 of this act and herein referred to shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such project.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to the project shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for separate sealed bids for acquisition of the project. Approved plans and specifications for such acquisition shall be on file at places and times stated in such advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such acquisition, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon, but any and all bids may be rejected for any good reason.
Sec. 19. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 20. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 21. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 876κ
Senate Bill No. 160Senator Wilson
CHAPTER 452
AN ACT eliminating the monetary limit on the tax exemption on buildings, furniture and equipment owned by noncommercial theaters.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.145 is hereby amended to read as follows:
361.145 The buildings, furniture and equipment of noncommercial theaters owned and operated by nonprofit educational corporations organized for the exclusive purpose of conducting classes in theater practice and the production of plays on a nonprofessional basis shall be exempt from taxation. [; provided:
1. That such] Such a corporation shall provide in its articles of incorporation that the property for which the tax exemption is requested shall revert to the county in which it is located upon the cessation of the activities of the noncommercial theater. [; and
2. That such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one such nonprofit educational corporation.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 487Committee on Judiciary
CHAPTER 453
AN ACT relating to the University of Nevada System; making proper references to the chief business officer of each division of the University of Nevada System in the provision providing for the University of Nevada accounts payable revolving fund; and repealing an obsolete section relating to the number of members of the board of regents.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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. 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 each division of the [university] University of Nevada System who is so authorized by the board of regents 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.
κ1971 Statutes of Nevada, Page 877 (CHAPTER 453, SB 487)κ
to replace moneys paid from the University of Nevada System accounts payable revolving fund.
Sec. 2. NRS 396.385 is hereby amended to read as follows:
396.385 The board of regents of the University of Nevada may authorize the chief business officer of each division of the [university] University of Nevada System to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise, subject to the following conditions:
1. That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
2. That use of the facsimile signature shall be made only under the direction and supervision of the chief business officer [.] of the division.
3. That the registered key to the mechanical device shall at all times be kept in a vault.
Sec. 3. NRS 396.030 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 158Senator Hug
CHAPTER 454
AN ACT relating to public employees retirement; providing methods for public employees to recover credit for invalidated previous service and credit for service in elected office; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.030 is hereby amended to read as follows:
286.030 1. As used in this chapter, continuous service means service in public employment of the state, and for public employers participating in the system, in positions subject to the provisions of this chapter or in positions which would have been subject to this chapter, not interrupted for 5 years or more.
2. When an employee of a participating public employer has contributed to the system for 10 or more years, all of his eligible public service performed prior to his first opportunity to become a contributing member of the system shall be accredited toward retirement without regard to the 5-year period of interruption provision of subsection 1.
3. When an employee of a participating public employer who has had previous service invalidated by operation of subsection 1 has contributed to the system for 10 or more years after returning to covered employment, he may recover such invalidated service by payment of retirement contributions previously withdrawn plus interest from date of withdrawal to date of repayment at the rate being earned by the public employees retirement fund at time of repayment. Payment of withdrawn contributions plus accumulated interest shall be in a lump sum. Interest shall be compounded.
κ1971 Statutes of Nevada, Page 878 (CHAPTER 454, SB 158)κ
be compounded. If the service prior to interruption under subsection 1 was in an elective position and the individual at the time of such service had elected not to participate in the system he may secure credit for such service by payment of the retirement contributions that would have been due at the time of service had he participated, plus interest thereon at the rate being earned by the public employees retirement fund at the time of repayment. Payment of contributions plus accumulated interest shall be in a lump sum. Interest shall be calculated from the first day of the year following the year in which the elective service was rendered. Interest shall be compounded.
4. The time spent by persons employed in the service of federal agencies prior to the creation of the system, when such service constituted an uninterrupted continuation of duties then being performed for the State of Nevada, or an eligible participating political subdivision of the State of Nevada, shall not be considered an interruption of service.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 530Committee on Finance
CHAPTER 455
AN ACT making an appropriation from the general fund in the state treasury to the state planning board for the purposes of purchasing milk-processing equipment for and paving the area surrounding the dairy barn located at the medium security prison; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $44,500 for the purposes of purchasing milk-processing equipment for and the paving of the area surrounding the dairy barn located at the medium security prison.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 879κ
Senate Bill No. 619Senators Dodge, Brown, Gibson and Fransway
CHAPTER 456
AN ACT redenominating the contingency fund account as the contingency fund; specifying and limiting the types of allocations from the contingency fund which can be made by the interim finance committee; specifying that the recommendations of the state board of examiners to the interim finance committee are not binding upon the interim finance committee; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.266 is hereby amended to read as follows:
353.266 1. There is hereby created in the general fund in the state treasury a fund [account] to be known as the contingency fund. [account.] Moneys for such fund [account] shall be provided by direct legislative appropriation.
2. [Any unencumbered moneys in excess of $1,000,000 in the contingency fund account at any time shall revert to the unappropriated surplus account in the general fund.] Moneys in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268 and 353.269:
(a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses.
(b) To meet expenses under requirements of law.
Sec. 2. NRS 353.268 is hereby amended to read as follows:
353.268 1. When any state agency or officer, at a time when the legislature is not in session, finds that circumstances for which the legislature has made no other provision require an expenditure during the biennium of money in excess of the amount appropriated by the legislature for the biennium for the support of that agency or officer, or for any program, including the state distributive school fund, the agency or officer shall submit a request to the state board of examiners for an allocation by the interim finance committee from the contingency fund. [account.]
2. The state board of examiners shall consider the request, may require from the requester such additional information as they deem appropriate, and shall, if they find that an allocation should be made, recommend the amount of such allocation [.] to the interim finance committee for its independent evaluation and action. The interim finance committee is not bound to follow the recommendation of the state board of examiners.
Sec. 3. NRS 353.269 is hereby amended to read as follows:
353.269 1. The recommendation of the state board of examiners for an allocation from the contingency fund [account] shall be transmitted to the director of the legislative counsel bureau, who shall notify the chairman of the interim finance committee. The chairman shall call a meeting of the committee to consider the recommendation.
2. Except as otherwise provided in this subsection, no allocation from the contingency fund may be made by the interim finance committee to:
(a) Effect salary increases for state officers and employees.
κ1971 Statutes of Nevada, Page 880 (CHAPTER 456, SB 619)κ
(b) Provide supplementary funds for the support of a state agency or officer, or for any program, when during the preceding session of the legislature the assembly standing committee on ways and means or the senate standing committee on finance, or both such committees, by deliberate consideration and action approved the program, rejected the proposed program or reduced the requested amount of money for any existing or proposed program. However, if it is demonstrated to the interim finance committee that the preceding legislature made no appropriation for an agency or a program or reduced the amount of the requested appropriation or a new program requiring state financial participation and an Act of Congress, a regulation promulgated by the President or by an executive department of the Federal Government, or a decision of a court of the United States or of this state, enacted, promulgated or made after adjournment sine die of the preceding legislature requires an expenditure of money for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant or grants of money or other thing of value, the interim finance committee may proceed to make an allocation therefor in the manner prescribed in subsection 3.
3. If the interim finance committee, after independent determination, finds that an allocation recommended by the state board of examiners should and may lawfully be made, the committee shall by resolution establish the amount and purpose of the allocation, and direct the state controller to transfer such amount to the appropriate fund or fund account. The state controller shall thereupon make such transfer.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 153Committee on Finance
CHAPTER 457
AN ACT making appropriations from the general fund and the state highway fund in the state treasury to the contingency fund.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated to the contingency fund created pursuant to NRS 353.266:
1. From the general fund in the state treasury the sum of $844,804.
2. From the state highway fund in the state treasury the sum of $74,800.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 881κ
Senate Bill No. 431Committee on Judiciary
CHAPTER 458
AN ACT relating to mechanics liens; requiring general contractors to inform record owners of certain provisions of the mechanics lien law; requiring subcontractors to give general contractors copies of certain notices; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each general contractor shall, prior to execution of a construction contract, inform the record owner, as defined in NRS 108.227, with whom he intends to contract of the provisions of NRS 108.2394 in substantially the following form:
To:.........................................................................
(Owners name and address)
Section 108.2394 of Nevada Revised Statutes, a part of the mechanics lien law of the State of Nevada, requires, for your information and protection from hidden liens, that each person or other legal entity which supplies materials to or performs work or services on a construction project, other than one who performs only labor, shall deliver to the owner a notice of the materials supplied or the work or services performed. You may receive such notices in connection with the construction project which you propose to undertake.
2. Each general contractor shall deliver a copy of the information required by subsection 1 to each subcontractor who participates in the construction project.
3. Persistent failure of a general contractor so to inform owners and subcontractors with whom he contracts is a ground for disciplinary proceedings under chapter 624 of NRS.
4. Each subcontractor who participates in the construction project shall deliver a copy of each notice required by NRS 108.226 to the general contractor. Persistent failure of the subcontractor to deliver such notice to the general contractor is a ground for disciplinary proceedings under chapter 624 of NRS.
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κ1971 Statutes of Nevada, Page 882κ
Senate Bill No. 289Committee on Federal, State and Local Governments
CHAPTER 459
AN ACT relating to cities; specifying the nature and extent of certain powers of the cities; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The corporate powers of any incorporated city are vested in the city council or other governing body of such city.
Sec. 3. An incorporated city may:
1. Have and use a common seal, which it may alter at pleasure.
2. Purchase, receive, hold and use personal and real property wherever situated.
3. Sell, convey and dispose of such personal and real property for the common benefit.
4. Determine what are public uses with respect to powers of eminent domain.
5. Acquire, own and operate a public transit system both within and without the city.
6. Receive bequests, devises, gifts and donations of all kinds of property wherever situated in fee simple, in trust or otherwise, for charitable or other purposes and do anything necessary to carry out the purposes of such bequests, devises, gifts and donations with full power to manage, sell, lease or otherwise dispose of such property in accordance with the terms of such bequest, devise, gift or donation.
Sec. 4. 1. The city council or other governing body of an incorporated city shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council or other governing body, have incorporated therein a copy of this chapter and such additional data as the council or other governing body may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of .........................
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 5. An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length.
κ1971 Statutes of Nevada, Page 883 (CHAPTER 459, SB 289)κ
or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length. Such code, upon adoption, need not be published if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, have been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given by one publication in a newspaper in the city, if there is one, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.
Sec. 6. The charter and all ordinances, rules, resolutions or other regulations of an incorporated city shall be received as prima facie evidence in all courts without pleading the contents thereof. Such charter, ordinances, rules, resolutions or other regulations may be pleaded by title only and may be proved by introduction of:
1. The original entry thereof on the records of the city council or other governing body.
2. A copy of such original entry certified by the city clerk.
3. A printed copy published or purported to have been published by authority of the city council or other governing body.
Sec. 7. NRS 268.330 is hereby amended to read as follows:
268.330 1. It shall be unlawful for any [alderman or] member of [the common] a city council or other governing body of any city in this state, [or for the trustees of any city,] to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the [aldermen or common council, or board of trustees] city council or other governing body of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.
Sec. 8. The 56th session of the legislature has enacted new special charters for many of the incorporated cities of the state and has revised the general law pertaining to other incorporated cities of the state. The legislature declares that by the enactment of such new special charters and the amendment of the general law pertaining to some incorporated cities it is not the intention of the legislature to require the amendment of existing ordinances, resolutions and municipal codes, and all such existing ordinances, resolutions and municipal codes in effect in the incorporated cities of Nevada prior to the effective date of such acts of the 56th session of the legislature shall, unless in conflict with the provisions of such acts, continue in full force and effect until amended or repealed.
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κ1971 Statutes of Nevada, Page 884κ
Senate Bill No. 585Committee on Federal, State and Local Governments
CHAPTER 460
AN ACT requiring joint signatures of a trustee and the executive secretary or his designee as makers or endorsers of checks and other negotiable items of the Nevada historical society.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 382.050 is hereby amended to read as follows:
382.050 1. The superintendent of 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 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.] A trustee designated by the board of trustees and the executive secretary or his designee shall jointly:
(a) Draw all checks on the account established pursuant to subsection 3.
(b) Endorse all checks or other negotiable items made payable to the Nevada historical society for deposit in the account established pursuant to subsection 3.
________
κ1971 Statutes of Nevada, Page 885κ
Senate Bill No. 610Committee on Labor
CHAPTER 461
AN ACT relating to industrial insurance; extending the immunity from suit to certain persons employed by contractors; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.370 is hereby amended to read as follows:
616.370 1. The rights and remedies provided in this chapter for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.
2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.
3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 395Mr. Wilson
CHAPTER 462
AN ACT creating the office of executive director of the Nevada commission on equal rights of citizens and specifying his qualifications, powers and duties; providing a penalty for interference with the commission and its employees; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 233 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The governor, upon recommendation by the commission, shall appoint an executive director of the commission. The director shall have had successful experience in the administration and promotion of a program comparable to the program provided by this chapter.
Sec. 3. 1. The director shall be in the unclassified service of the state as provided in chapter 284 of NRS and shall receive an annual salary in an amount determined pursuant to law, in addition to the per diem allowance and travel expenses fixed by NRS 281.160.
κ1971 Statutes of Nevada, Page 886 (CHAPTER 462, AB 395)κ
an amount determined pursuant to law, in addition to the per diem allowance and travel expenses fixed by NRS 281.160.
2. The director shall devote his entire time and attention to the business of the commission and to the duties of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 4. The director shall:
1. Be jointly responsible to the governor and the commission.
2. Direct and supervise all of the technical and administrative activities of the commission.
3. Perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 5. Within the limits of legislative appropriations, the director shall appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the commission may require.
Sec. 6. Any person who willfully resists, prevents, impedes or interferes with the commission, its members, the director or agents in the performance of duties pursuant to this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500.
Sec. 7. NRS 233.020 is hereby amended to read as follows:
233.020 As used in this chapter:
1. Commission means the Nevada commission on equal rights of citizens.
2. Director means the executive director of the Nevada commission on equal rights of citizens.
3. Member means a member of the Nevada commission on equal rights of citizens.
________
Assembly Bill No. 428Messrs. Getto and Dini
CHAPTER 463
AN ACT relating to meat and poultry inspection; conforming Nevadas provisions for such inspection to the federal provisions for meat and poultry inspection; providing a penalty; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 583 of NRS is hereby amended by adding thereto the provisions as set forth in sections 2 to 24, inclusive, of this act.
Sec. 2. Animal food manufacturer means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of poultry, cattle, sheep, swine, goats, horses, mules or other equines.
Sec. 3. Capable of use as human food applies to any carcass, or part or product of a carcass, of any poultry, unless it is denatured or otherwise identified as required by regulations prescribed by the officer to deter its use as human food, or it is naturally inedible by humans.
κ1971 Statutes of Nevada, Page 887 (CHAPTER 463, AB 428)κ
otherwise identified as required by regulations prescribed by the officer to deter its use as human food, or it is naturally inedible by humans.
Sec. 4. Labeling means all labels and other written, printed or graphic matter:
1. Upon any article or any of its containers or wrappers; or
2. Accompanying such article.
Sec. 5. Meat broker means any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation.
Sec. 6. Official certificate means any certificate prescribed by regulations of the officer for issuance by an inspector or other person performing an official function.
Sec. 7. Official device means any device prescribed or authorized by the officer for use in applying any official mark.
Sec. 8. Official mark means the official inspection legend or any other symbol prescribed by regulations of the officer to identify the status of any article or animal.
Sec. 9. Poultry product means any poultry carcass, or part thereof, or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the officer from definition as a poultry product under such conditions as the officer may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.
Sec. 10. Poultry products broker means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.
Sec. 11. Processed means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed.
Sec. 12. Renderer means any person, firm or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of poultry, cattle, sheep, swine, goats, horses, mules or other equines, except rendering conducted under inspection.
Sec. 13. Wholesome Poultry Products Act means the Wholesome Poultry Products Act (82 Stat. 791, 21 U.S.C. § 451 et seq.).
Sec. 14. The district courts of this state are vested with jurisdiction specifically to enforce and to prevent and restrain violations of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act.
Sec. 15. The Administrative Procedure Act, chapter 233B of NRS, is applicable to the administration or enforcement, or both, of the provisions of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act.
Sec. 16. 1. No article subject to the provisions of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, shall be sold or offered for sale by any person, firm or corporation, in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other markings and labeling and containers which are not false or misleading and which are approved by the officer are permitted.
κ1971 Statutes of Nevada, Page 888 (CHAPTER 463, AB 428)κ
commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other markings and labeling and containers which are not false or misleading and which are approved by the officer are permitted.
2. If the officer has reason to believe any person, firm or corporation is violating subsection 1, he may direct that such practice be stopped.
3. If such person, firm or corporation using or proposing to use such marking, labeling or container objects to the direction of the officer, he may request a hearing, but the use of such marking, labeling or container shall, if the officer so directs, be withheld pending the hearing and final determination by the officer.
4. Any final determination by the officer shall be conclusive unless, within 30 days after receipt of notice of such determination, the person, firm or corporation adversely affected thereby appeals to the district court for the county in which such person, firm or corporation has its principal place of business.
Sec. 17. No person, firm or corporation shall, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals:
1. Slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing any such articles for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act.
2. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:
(a) Are capable of use as human food; or
(b) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or
(c) Are required to be inspected under this Title,
unless they have been so inspected and passed.
3. Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.
Sec. 18. 1. No person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines or parts of such carcasses, or the meat or the meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the officer to show the kinds of animals from which they were derived.
2. When required by the officer, with respect to establishments at which inspections in maintained under this Title, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which poultry, cattle, sheep, swine or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.
κ1971 Statutes of Nevada, Page 889 (CHAPTER 463, AB 428)κ
Sec. 19. If any inspector or the officer accepts any money, gift or other thing of value from any person, firm or corporation with the knowledge that such money, gift or other thing of value is to influence his official duty pursuant to NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, he shall be guilty of a felony and shall, upon conviction thereof, be summarily discharged from office and shall be punished by a fine of not less than $1,000 nor more than $10,000, and by imprisonment of not less than 1 year nor more than 3 years.
Sec. 20. The officer may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products of poultry, cattle, sheep, swine, goats, horses, mules or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, or importing, such articles, whenever the officer deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.
Sec. 21. 1. Inspection shall not be provided pursuant to NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, at any establishment for the slaughter of poultry, cattle, sheep, swine, goats, horses, mules or other equines, or the preparation of any carcasses or parts thereof of such animals, which are not intended for use as human food.
2. Such articles shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the officer to deter their use for human food.
3. No person, firm or corporation shall buy, sell, transport or offer for sale or transportation or receive for transportation in intrastate commerce or import, any carcasses, parts thereof, meat or meat food products of any such animals which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the officer or are naturally inedible by humans.
Sec. 22. No person, firm or corporation shall engage in business, in or for intrastate commerce:
1. As a meat broker, renderer or animal food manufacturer; or
2. As a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, cattle, sheep, swine, goats, horses, mules or other equines, whether intended for human food or other purposes; or
3. As a public warehouseman storing any such articles in or for intrastate commerce; or
4. Of buying, selling or transporting in intrastate commerce, or importing, any dead, dying, disabled or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter,
unless, when required by regulations of the officer, he has registered with the officer his name, and the address of each place of business at which and all trade names under which he conducts such business.
Sec. 23. No person, firm or corporation engaged in the business of buying, selling or transporting in intrastate commerce, or importing, dead, dying, disabled or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or import, any dead, dying, disabled or diseased poultry, cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the officer may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
κ1971 Statutes of Nevada, Page 890 (CHAPTER 463, AB 428)κ
animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or import, any dead, dying, disabled or diseased poultry, cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the officer may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
Sec. 24. 1. Whenever any carcass, part of a carcass, meat or meat food product of poultry, cattle, sheep, swine, goats, horses, mules or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled or diseased poultry, cattle, sheep, swine, goat or equine is found by any authorized representative of the officer upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce or otherwise subject to NRS 583.255 to 583.565, inclusive, and sections 2 to 23, inclusive, of this act, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of NRS 583.255 to 583.565, inclusive, and sections 2 to 23, inclusive, of this act, it may be detained by such representative for a period not to exceed 20 days, pending further investigation, and shall not be moved by any person, firm or corporation from the place at which it is located when so detained, until released by such representative.
2. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the officer that the article or animal is eligible to retain such marks.
Sec. 25. NRS 583.255 is hereby amended to read as follows:
283.255 As used in NRS 583.255 to 583.565, inclusive, and sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 583.265 to 583.425, inclusive, have the meanings ascribed to them in NRS 583.255 to 583.425, inclusive.
Sec. 26. NRS 583.265 is hereby amended to read as follows:
583.264 1. Adulterated applies to any livestock or poultry carcass, part of [a] either carcass, meat or meat food product if:
(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but if the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health.
(b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:
(1) A pesticide chemical in or on a raw agricultural commodity;
(2) A food additive; or
(3) A color additive,
which may, in the judgment of the officer, make such article unfit for human food.
κ1971 Statutes of Nevada, Page 891 (CHAPTER 463, AB 428)κ
(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 346a).
(d) It bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348).
(e) It bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 376).
(f) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.
(g) It has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(h) It is, in whole or in part, the product of an animal which has died otherwise than by slaughter.
(i) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(j) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 348).
(k) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(l) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid or decomposed substance.
2. An article which is not adulterated under paragraphs (c), (d) or (e) of subsection 1 shall be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by regulations of the Secretary of Agriculture in establishments at which inspection is maintained under the Wholesome Meat Act [.] and the Wholesome Poultry Products Act.
Sec. 27. NRS 583.325 is hereby amended to read as follows:
583.325 Livestock means cattle, sheep, swine, goats, [or] horses [.] or other equines, whether live or dead.
Sec. 28. NRS 583.345 is hereby amended to read as follows:
583.345 Meat food product means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats [or horses,] , horses or other equines, except products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the officer under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products.
κ1971 Statutes of Nevada, Page 892 (CHAPTER 463, AB 428)κ
product by the officer under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products.
Sec. 29. NRS 583.355 is hereby amended to read as follows:
583.355 Misbranded applies to any livestock or poultry carcass, part of [a] either carcass, meat or meat food product if:
1. Its labeling is false or misleading in any particular.
2. It is offered for sale under the name of another food.
3. It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word imitation and immediately thereafter, the name of the food imitated.
4. Its container is so made, formed or filled as to be misleading.
5. It is in a package or other container which does not bear a label showing:
(a) The name and place of business of the manufacturer, packer or distributor; and
(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.
Under paragraph (b), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the officer.
6. Any word, statement or other information required by or under authority of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
7. It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act (21 U.S.C. § 607) or section 8 of the Wholesome Poultry Products Act (21 U.S.C. § 457), unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.
8. It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act (21 U.S.C. § 607), or section 8 of the Wholesome Poultry Products Act (21 U.S.C. § 457), and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.
9. It is not subject to the provisions of subsection 7, unless its label bears:
(a) The common or usual name of the food, if any; and
(b) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the officer, be designated as spices, flavorings and colorings without naming each.
κ1971 Statutes of Nevada, Page 893 (CHAPTER 463, AB 428)κ
or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the officer, be designated as spices, flavorings and colorings without naming each.
To the extent that compliance with the requirements of paragraph (b) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the officer.
10. It purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the officer determines to be, and by regulations prescribes as, necessary in order fully to inform purchasers as to its value for such uses.
11. It bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by regulations promulgated by the officer.
12. It fails to bear, directly thereon or on its container, as the officer may by regulations prescribe, the inspection legend and, unrestricted by any requirement of this section, such other information as the officer may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
Sec. 30. NRS 583.405 is hereby amended to read as follows:
583.405 Poultry means any [live or slaughtered domesticated bird.] domesticated bird, whether live or dead.
Sec. 31. NRS 583.425 is hereby amended to read as follows:
583.425 Wholesome Meat Act means the Wholesome Meat Act [(21 U.S.C. § 601 et seq.).] (34 Stat. 1260-1265, as amended, 21 U.S.C. § 601 et seq.).
Sec. 32. NRS 583.435 is hereby amended to read as follows:
583.435 1. Meat, meat food products, and poultry products are an important source of the supply of human food in this state and legislation to assure that such food supplies are unadulterated and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this state to provide for the inspection of slaughtered livestock, poultry, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of livestock and poultry carcasses and parts thereof which are adulterated or otherwise unfit for human food.
2. The health division of the department of health, welfare and rehabilitation is hereby designated as the single state agency primarily responsible for the administration of the program established by NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act.
Sec. 33. NRS 583.445 is hereby amended to read as follows:
583.445 1. For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, or part thereof which is adulterated and is intended for or capable of use as human food, the officer shall make an ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for such commerce.
κ1971 Statutes of Nevada, Page 894 (CHAPTER 463, AB 428)κ
human food, the officer shall make an ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for such commerce.
2. Whenever slaughtering or other processing operations are being conducted, the officer shall make post mortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in any such official establishment.
3. The officer shall quarantine, segregate and reinspect livestock and poultry, livestock and poultry carcasses and parts thereof in official establishments as he deems necessary to effectuate the purposes of NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act.
4. All livestock and poultry carcasses and parts thereof found by an inspector to be adulterated in any official establishment shall be condemned and shall, if no appeal is taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector unless the articles may, by reprocessing, be made unadulterated. In such case they need not be so condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be unadulterated. If any appeal is taken from such determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the officer, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector.
Sec. 34. NRS 583.455 is hereby amended to read as follows:
583.455. 1. Each official establishment at which livestock or poultry are slaughtered or livestock or poultry carcasses or parts thereof are processed for intrastate commerce shall be operated in accordance with sanitary practices required by rules or regulations prescribed by the officer. No livestock or poultry carcasses or parts thereof shall be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.
2. The officer shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.
Sec. 35. NRS 583.465 is hereby amended to read as follows:
583.465 1. Each livestock or poultry carcass and each primal part of [such a] either carcass shall bear an official inspection mark and an approved plant number of the establishment when it leaves the official establishment. The officer may at any time require by regulation additional marks or label information to appear on livestock or poultry carcasses, or parts thereof. Marks and labels required under this section shall be applied only by, or under the supervision of, an inspector.
2. If the officer has reason to believe that any label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in such manner as he may prescribe so that it will not be false or misleading.
κ1971 Statutes of Nevada, Page 895 (CHAPTER 463, AB 428)κ
prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the officer, he may request a hearing, but the use of the label shall, if the officer so directs, be withheld pending hearing and final determination by the officer. Any such determination by the officer shall be conclusive unless within 30 days after the receipt of notice of such final determination the person adversely affected thereby appeals to the district court in and for the county in which he has his principal place of business.
Sec. 36. NRS 583.475 is hereby amended to read as follows:
583.475 It is unlawful for any person:
1. To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock or poultry carcass or part thereof unless such article has been inspected and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act or the [Wholesale] Wholesome Meat Act [.] or the Wholesome Poultry Products Act.
2. To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be adulterated in accordance with NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, or which is misbranded.
3. Falsely to make or issue, alter, forge, simulate or counterfeit or use without proper authority any official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, used in connection with inspection in accordance with NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act or cause, procure, aid, assist in, or be a party to such false making, issuing altering, forging, simulating, counterfeiting or unauthorized use, or knowingly to possess, without promptly notifying the officer or his representative, utter, publish or use as true, or cause to be uttered, published or used as true, any such falsely made or issued, altered, forged, simulated or counterfeited official inspection certificate, memorandum, mark or other identification, or device for marking such mark or identification, or to represent that any article has been officially inspected in accordance with NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the officer or any form resembling any such certificate.
4. To misbrand or do an act intending to misbrand any livestock or poultry carcass or part thereof, in intrastate commerce.
5. To use any container bearing an official inspection mark unless the article contained therein is in the original form in which it was inspected and covered by such mark unless the mark is removed, obliterated or otherwise destroyed.
6. To refuse at any reasonable time to permit access:
(a) By a health officer or his agents to the premises of an establishment in this state where carcasses of livestock or poultry, or parts thereof, are processed for intrastate commerce.
(b) By the Secretary of Agriculture or his representative to the premises of any establishment specified in paragraphs (a) and (b), for inspection and the taking of reasonable samples.
κ1971 Statutes of Nevada, Page 896 (CHAPTER 463, AB 428)κ
7. To refuse to permit access to and the copying of any record as authorized by NRS 583.485.
8. To use for personal advantage, or reveal, other than to the authorized representatives of any state agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, concerning any matter which as a trade secret is entitled to protection.
9. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce, for human consumption, any uneviscerated slaughtered poultry, or any livestock or poultry carcass or part thereof which has been processed in violation of any requirements under NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, except as may be authorized by and pursuant to rules and regulations prescribed by the officer.
10. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce any adulterated or misbranded livestock or poultry carcass or part thereof which is exempted under NRS 583.515.
11. To apply to any livestock or poultry carcass or part thereof, or any container thereof, any official inspection mark or label required by NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, except by, or under the supervision of, an inspector.
Sec. 37. NRS 583.485 is hereby amended to read as follows:
583.485 1. Persons engaged in the business of [processing] slaughtering, freezing, packing, labeling, buying and selling for intrastate commerce or transporting, shipping or receiving in such commerce livestock or poultry slaughtered for human consumption or holding such articles so received shall maintain such records as the officer by regulation may require, showing, to the extent that they are concerned therewith, the receipt, delivery, sale, movement or disposition of such articles, and shall, upon the request of the officer, permit him at reasonable times to have access to and to copy all such records.
2. Any person, firm or corporation that engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling or transporting, in such commerce, any dead, dying, disabled or diseased cattle, sheep, swine, goats, horses, mules or other equines, or poultry, or parts of the carcasses of any such animals that died otherwise than by slaughter, shall keep records subject to inspection pursuant to subsection 1.
3. Any record required to be maintained by this section shall be maintained for a period of 2 years after the transaction has taken place which is subject to such record.
4. Persons, firms or corporations specified in subsections 1 and 2 shall, at all reasonable times, upon notice by a duly authorized representative of the officer, afford such representative access to their places of business and an opportunity to examine the facilities and inventory and to take reasonable samples of their inventory, upon payment of the fair market value thereof.
Sec. 38. NRS 583.495 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 897 (CHAPTER 463, AB 428)κ
583.495 1. Any person who:
(a) Violates any of the provisions of NRS 583.475 and 583.485 is guilty of a misdemeanor.
(b) Is once convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of such provisions is guilty of a gross misdemeanor.
(c) Is twice convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of such provisions is guilty of a felony.
2. When construing or enforcing the provisions of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, the act, omission or failure of any person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of his employment or office, shall in every case be deemed the act, omission or failure of such individual, partnership, corporation, association or other business unit, as well as of such person.
3. No carrier [or warehouseman] is subject to the penalties imposed by this section by reason of his receipt, carriage, holding or delivery, in the usual course of business as a carrier, [or warehouseman,] of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier: [or warehouseman has]
(a) Has knowledge, or is in possession of facts which would cause a reasonable person to believe, that such articles do not comply with the provisions of NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act.
(b) Refuses to furnish, on request of a representative of the officer, the name and address of the person from whom he received such livestock or poultry carcasses, or parts thereof, and copies of all documents pertaining to the delivery of such carcasses, or parts thereof, to such carrier.
4. No person, firm or corporation is subject to the penalties imposed by this section for receiving for transportation any shipment in violation of NRS 583.255 to 583.565, inclusive, and sections 2 to 23, inclusive, of this act, if such receipt was made in good faith, unless such person, firm or corporation refuses to furnish on request of a representative of the officer:
(a) The name and address of the person from whom he received such shipment; and
(b) Copies of all documents pertaining to the delivery of the shipment to him.
Sec. 39. NRS 583.505 is hereby amended to read as follows:
583.505 Before any person is prosecuted for violation of NRS 583.475 and 583.485, the officer shall give such person against whom such proceeding is contemplated reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act requires that a person be prosecuted for violations of NRS 583.475 and 583.485 whenever the officer believes that the public interest will be adequately served by a suitable written notice or warning.
Sec. 40. NRS 583.515 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 898 (CHAPTER 463, AB 428)κ
583.515 1. The state board of health shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as it may prescribe, exempt from specific provisions of NRS 583.255 to 583.565, inclusive [:] , and sections 2 to 24, inclusive, of this act:
(a) Livestock producers and poultry producers, who are natural persons with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use by them, members of their households, nonpaying guests and employees.
(b) Retain dealers with respect to:
(1) Meat sold directly to consumers in individual retail stores [.] or restaurants which are subject to inspection by the state board of health.
(2) Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.
(c) [Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts thereof for intrastate commerce, and the articles so processed by such person, whenever the officer determines that it would be impracticable to inspect and that such exemption will otherwise facilitate enforcement of NRS 583.255 to 583.565, inclusive.
(d)] Persons slaughtering [livestock or] poultry or processing or handling [livestock or] poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the officer determines is necessary to avoid conflict with such requirements.
[(e)] (d) The custom slaughter by any person, firm or corporation of livesock delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees if such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any livestock, capable of use as human food.
2. The officer may by order suspend or terminate for cause any exemption under this section.
Sec. 41. NRS 583.525 is hereby amended to read as follows:
583.525 The officer may withdraw or otherwise deny approval with respect to any establishment, for such period as he deems necessary: [to]
1. To effectuate the purposes of NRS 583.255 to 583.565, inclusive, [for any violation of NRS 583.255 to 583.565, inclusive,] and sections 2 to 24, inclusive, of this act, for any violation of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, by the operator, or anyone responsibly connected with the operator, of such establishment.
2. If the operator of such establishment is convicted of any felony.
3. If anyone responsibly connected with the operator of such establishment is convicted of any felony.
κ1971 Statutes of Nevada, Page 899 (CHAPTER 463, AB 428)κ
Sec. 42. NRS 583.535 is hereby amended to read as follows:
583.535 1. The state board of health shall promulgate such rules and regulations, including hearing procedures, as are necessary to carry out its responsibilities under NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act. Such rules and regulations shall be in conformity with the Wholesome Meat Act and Wholesome Poultry Products Act unless the officer determines that it is not in accord with the objectives of NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act.
2. The officer shall appoint such qualified personnel as are necessary to carry out his responsibilities under NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act.
Sec. 43. NRS 583.545 is hereby amended to read as follows:
583.545 1. NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, do not apply to any act or transaction subject to regulation under the Wholesome Poultry Products Act and the Wholesome Meat Act.
2. The department of health, welfare and rehabilitation may enter into agreements with the Federal Government in carrying out the provisions of NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act, the Wholesome Poultry Products Act and the Wholesome Meat Act, and may accept financial aid from the Federal Government for such purpose.
Sec. 44. NRS 583.555 is hereby amended to read as follows:
583.555 1. Costs of inspection of official establishments during regular working hours shall be borne by the health division of the department of health, welfare and rehabilitation. The cost of any overtime or holiday work shall be borne by the official establishment inspected. The officer shall collect the official establishments share of the costs of inspection and deposit the same in the meat inspection working capital fund account.
2. Inspectors shall be paid by the health division of the department of health, welfare and rehabilitation.
3. [Whenever in his judgment such action is necessary for the efficient utilization of inspectors, the officer may establish a mandatory schedule of killing days for official establishments in any area of the state.] In order that inspectors may be efficiently utilized the officer may establish a mandatory schedule of killing days for official establishments in any area of the state as long as such schedule conforms with the reasonable needs of the official establishments and has received the prior approval of the health division of the department of health, welfare and rehabilitation. If such a schedule is established [, inspection] :
(a) Inspection provided on a nonscheduled day is overtime work within the meaning of subsection 1.
(b) It shall be exclusively used for the inspection of the actual slaughtering operations of the official establishments.
Sec. 45. NRS 583.565 is hereby amended to read as follows:
583.565 There is hereby established in the state treasury a meat inspection working capital fund account to be used by the health division of the department of health, welfare and rehabilitation for carrying out the provisions of NRS 583.255 to 583.565, inclusive [.] , and sections 2 to 24, inclusive, of this act. All moneys collected pursuant to NRS 583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act shall be deposited in the meat inspection working capital fund account.
κ1971 Statutes of Nevada, Page 900 (CHAPTER 463, AB 428)κ
583.255 to 583.565, inclusive, and sections 2 to 24, inclusive, of this act shall be deposited in the meat inspection working capital fund account. Disbursements from the meat inspection working capital fund account shall be made as other claims against the state are paid.
________
Assembly Bill No. 797Mrs. Brookman, Messrs. Schofield, Swallow, Prince, Olsen, Dreyer, May, Bryan, Mello, Miss Foote, Messrs. Homer, Getto, Howard, Glaser, Capurro, Mrs. Frazzini, Messrs. Lauri, Smith, Ronzone, Ashworth, Wilson, Lowman, Frank Young and Mrs. White
CHAPTER 464
AN ACT relating to public health; providing a program for the care and treatment of chronic renal diseases; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context requires otherwise:
1. Committee means the renal disease advisory committee.
2. Division means the health division of the department of health, welfare and rehabilitation.
Sec. 3. The division shall establish a program for the care and treatment of persons suffering from chronic renal diseases but who are financially unable to pay for such services.
Sec. 4. 1. The state health officer shall appoint a renal disease advisory committee to consist of 11 persons appointed as follows:
(a) Three persons shall represent hospitals and medical schools which establish dialysis centers.
(b) Two persons shall represent volunteer organizations interested in kidney diseases.
(c) Two persons shall represent county or district boards of health.
(d) Three persons licensed to practice medicine or surgery under chapter 630 of NRS.
(e) One person shall represent the general public.
2. Of those persons first appointed:
(a) Two shall be appointed for a term of 1 year.
(b) Three shall be appointed for a term of 2 years.
(c) Three shall be appointed for a term of 3 years.
(d) Three shall be appointed for a term of 4 years.
Thereafter, all members shall serve for terms of 4 years.
3. Members of the committee shall serve without compensation.
Sec. 5. The division shall, with the advice of the committee:
1. Develop standards for determining eligibility for care and treatment of chronic renal diseases under this chapter.
κ1971 Statutes of Nevada, Page 901 (CHAPTER 464, AB 797)κ
2. Develop programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis and other medical procedures and techniques for such care and treatment.
3. Develop programs for the prevention of chronic renal diseases.
4. Provide financial assistance to persons suffering from chronic renal diseases to enable them to obtain medical, nursing, pharmaceutical and technical services, including the renting of home dialysis equipment, necessary to treat such diseases.
5. Establish and equip dialysis centers.
Sec. 6. The division shall:
1. Establish a program to educate physicians, hospitals, county and district boards of health and the general public concerning chronic renal diseases.
2. Disseminate information concerning the methods of prevention, care and treatment of chronic renal diseases.
________
Senate Bill No. 491Committee on Federal, State and Local Governments
CHAPTER 465
AN ACT incorporating the City of Yerington, in Lyon County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The charter of the City of Yerington is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.
ARTICLE I
Incorporation of City; General Powers; Boundaries;
Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Yerington and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Yerington. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Yerington.
κ1971 Statutes of Nevada, Page 902 (CHAPTER 465, SB 491)κ
(not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Yerington.
Sec. 1.020 Incorporation of city.
1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of City of Yerington and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
2. Whenever used throughout this charter, city means the City of Yerington.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Lyon County, as such plat is amended from time to time.
Sec. 1.040 Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four councilmen.
2. Such officers shall be elected as provided by this charter.
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor shall be filled by a majority vote of the members of the city council, or the remaining members, in the case of a vacancy in the city council, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled.
Sec. 1.070 Appointive offices.
1. The city council of the city may appoint the following officers:
(a) City attorney.
(b) Police chief.
(c) Fire chief.
(d) City clerk.
(e) City manager.
2. The city council shall establish such other offices as it may deem necessary.
Sec. 1.080 Appointive officers: Duties; salary.
1. All appointive officers of the city shall perform such duties under the direction of the city manager as may be designated by the city council.
2. All appointive officers of the city shall receive such salary as may be designated by the city council.
Sec. 1.090 Officers performance bonds. The city councilmen may require from all officers and employees of the city constituted or appointed under this charter, except councilmen sufficient security for the faithful and honest performance of their respective duties.
κ1971 Statutes of Nevada, Page 903 (CHAPTER 465, SB 491)κ
ARTICLE II
Legislative Department
Sec. 2.010 City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of four councilmen.
2. The councilmen shall be:
(a) Bona fide residents of the city for at least 6 months immediately preceding their election.
(b) Registered voters in the city and taxpayers on real property located within the city.
(c) At least 25 years of age.
(d) Citizens of the United States.
3. All councilmen shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The councilmen shall receive a salary in an amount fixed by the city council.
Sec. 2.020 City council: Contracts.
1. Members of the city council:
(a) May vote on any lease, contract or other agreement which extends beyond their terms of office.
(b) May not have any interest, directly or indirectly, in any lease, contract or other agreement entered into with the city, but the city council may purchase supplies or services, not to exceed $100 in the aggregate in any 1 calendar month, from any member, when there is no other source of such supplies or service in the city.
2. If a member of the city council furnishes supplies or services pursuant to paragraph (b) of subsection 1, he shall not vote on the allowance of the claim therefor.
Sec. 2.030 City council: Discipline of members, other persons; subpena power.
1. The city council may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the city council.
2. If any person ordered to appear before the city council fails to obey such order:
(a) The city council or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person before the city council.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.040 Meetings: Quorum.
1. The city council shall hold at least two regular meetings each month, on the second and fourth Mondays, and by ordinance may provide for additional regular meetings.
κ1971 Statutes of Nevada, Page 904 (CHAPTER 465, SB 491)κ
month, on the second and fourth Mondays, and by ordinance may provide for additional regular meetings.
2. If the date of any regular meeting of the city council falls on a legal holiday, the meeting shall be held on the next day which is not a legal holiday.
3. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
4. Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.
Sec. 2.050 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the city council, by giving a minimum of 6 hours notice of such special meeting to each member of the city council prior to the meeting. A special meeting may be held without notice with the unanimous consent of the city council.
2. At a special meeting:
(a) No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No business may be transacted except such as has been stated in the call of the meeting.
(c) No ordinance may be passed except an emergency ordinance, or one of a kind specified in section 7.030.
Sec. 2.060 Meetings: Time and place; rules. The city council may:
1. Fix the time and place of its meetings and judge the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
Sec. 2.070 Oaths and affirmations. The mayor, each councilman and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the city council or to be considered by the city council.
Sec. 2.080 Powers of city council: Ordinances, resolutions and orders.
1. The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
2. When power is conferred upon the city council to do and perform anything, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred upon the governing bodies of cities by Nevada Revised Statutes.
κ1971 Statutes of Nevada, Page 905 (CHAPTER 465, SB 491)κ
5. The salary of an elective officer shall not be increased or diminished during the term for which he is elected or appointed.
Sec. 2.090 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole city council. The style of all ordinances shall be as follows: The City Council of the City of Yerington do ordain:.
2. No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the city council. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. The determination of the city council that an emergency exists shall be conclusive upon all persons, and the city council shall not be required to set forth the nature of the emergency in any ordinance adopted as an emergency ordinance, in the minutes of the city council or otherwise.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published in full, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance shall become effective.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
κ1971 Statutes of Nevada, Page 906 (CHAPTER 465, SB 491)κ
such code is published, two copies shall be filed with the librarian at the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Yerington.
4. The codification may be amended or extended by ordinance.
Sec. 2.120 Powers of city council: Public property, buildings.
1. The city council may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 2.130 Powers of city council: Eminent domain. The city council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 2.140 Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 2.150 Powers of city council: Police ordinances. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
Sec. 2.160 Powers of city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The city council may:
1. Organize, regulate and maintain a fire department.
2. Provide for the appointment of a fire chief and prescribe his duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 2.170 Powers of city council: Public health; board of health; regulations. The city council may:
1. Provide for safeguarding public health in the city.
κ1971 Statutes of Nevada, Page 907 (CHAPTER 465, SB 491)κ
2. Create a board of health and prescribe the powers and duties of such board.
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 2.180 Powers of city council: Buildings; construction and maintenance regulations; building and safety codes. The city council may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
Sec. 2.190 Powers of city council: Zoning and planning.
1. The city council may:
(a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.
(b) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The city council shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.
Sec 2.200 Powers of city council: Rights-of-way, parks, public buildings and grounds and other public places. The city council may:
1. Lay out, maintain, alter, improve or vacate all public rights-of-way in the city.
2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.
3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
4. Regulate and prevent in all public places:
(a) The distribution and exhibition of handbills or signs.
(b) Any practice tending to annoy persons passing in such public places.
(c) Public demonstrations and processions.
5. Prevent riots or any act tending to promote riots in any public place.
Sec. 2.210 Powers of city council: Traffic control. The city council may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 2.220 Powers of city council: Parking meters; off-street public parking facilities.
1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the city council.
κ1971 Statutes of Nevada, Page 908 (CHAPTER 465, SB 491)κ
2. Except as otherwise provided by this charter, the city council may acquire property within the city, by any lawful means except eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and a majority of the ballots cast of each color therein, is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.
Sec. 2.230 Powers of city council: Railroads. The city council may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.
2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.
4. Condemn rights-of-way for any public purpose across any railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
Sec. 2.240 Powers of city council: Nuisances. The city council may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not to be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 2.250 Powers of city council: Animals and poultry. The city council may:
1. Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the license fee is not paid.
κ1971 Statutes of Nevada, Page 909 (CHAPTER 465, SB 491)κ
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a pound, appoint a poundkeeper and prescribe his duties.
4. Prohibit cruelty to animals.
Sec. 2.260 Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.
Sec. 2.270 Powers of city council: Sanitary sewer facilities. The city council may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
Sec. 2.280 Powers of city council: Provision of utilities. The city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lyon County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 2.290 Powers of city council: Cemeteries; acquisition and maintenance. The city council may, by any lawful means, acquire and maintain property for public use as a cemetery.
Sec. 2.300 Powers of city council: Television franchises.
1. The city council may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
2. Any franchise granted shall require a time within which actual construction shall be commenced, time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the city council to assure compliance therewith.
κ1971 Statutes of Nevada, Page 910 (CHAPTER 465, SB 491)κ
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Duties.
1. The mayor shall be:
(a) A bona fide resident of the city for at least 6 months immediately preceding his election.
(b) A registered voter in the city and a taxpayer on real property located within the city.
(c) At least 25 years of age.
(d) A citizen of the United States.
2. The mayor shall:
(a) Serve as the chief executive and administrative officer of the city.
(b) Preside over the meetings of the city council. He shall not be entitled to vote on any matter before the council except in case of a tie.
(c) Have the right of veto on any matter passed by the city council. A three-fourths vote of the council is necessary to override such veto.
(d) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(e) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
Sec. 3.020 City manager: Duties.
1. The city manager shall perform such administrative duties as the city council may designate. His duties and salary shall be fixed by the city council.
2. The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the city council.
Sec. 3.030 City clerk: Duties. The city clerk shall:
1. Keep the corporate seal and all books and papers belonging to the city.
2. Attend all meetings of the city council 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 city council, the city clerk shall attest the journal after it has been signed by the mayor.
3. Sign all warrants issued.
4. Number and countersign all licenses issued by the city. All licenses shall be in a form devised by the city clerk and approved by the city council.
5. Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
6. Act as ex officio city treasurer.
7. Perform such other duties as may be required by the city council.
Sec. 3.040 City clerks bond. The city clerk shall, before entering upon the duties of his office, execute a good and sufficient bond with approved sureties, in such sum and condition as may be required by the city council, for the performance of his duties under the provisions of this charter, and the city council may require from him such additional security as may be necessary from time to time.
κ1971 Statutes of Nevada, Page 911 (CHAPTER 465, SB 491)κ
this charter, and the city council may require from him such additional security as may be necessary from time to time.
Sec. 3.050 City attorney: Qualifications; duties.
1. The city attorney shall be a duly licensed member of the State Bar of Nevada but he need not be a resident of the city.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
Sec. 3.060 County assessor to be ex officio city assessor; duties.
1. The county assessor of Lyon County shall be ex officio city assessor of the city. The county assessor shall perform such duties for the city without additional compensation.
2. Upon request of the ex officio city assessor, the city council may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.
Sec. 3.070 Chief of police: Duties. The chief of police may, subject to approval of the city council, appoint and supervise such police officers as may be deemed necessary.
Sec. 3.080 City officers: Absence from office. If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the city council, his office shall be declared vacant by the city council, and the vacancy filled by appointment as provided in this charter.
Sec. 3.090 City officers: Collection and disposition of moneys.
1. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the city clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.
2. The city council may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
Sec. 3.100 Removal of officers. If any officer is adjudged guilty of any nonfeasance, misfeasance or malfeasance in office, the city council may declare the office vacant and fill the vacancy so caused, as provided by law.
ARTICLE IV
Judicial Department
Sec. 4.010 Municipal court. There shall be a municipal court of the city, to which the provision of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.
Sec. 4.020 Municipal court: Ex officio judge.
1. The justice of the peace of Mason Valley Township shall be ex officio judge of the municipal court of the city unless the city council appoints another competent person to be municipal judge.
2. The salary of the municipal judge shall be fixed by the city council.
κ1971 Statutes of Nevada, Page 912 (CHAPTER 465, SB 491)κ
Sec. 4.030 Additional imprisonment to satisfy fine or forfeiture. Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $4 of the amount until such fine or forfeiture is satisfied, but he shall not be confined for a period longer than the maximum sentence for the offense for which he is confined.
ARTICLE V
Elections
Sec. 5.010 Municipal elections.
1. On the 1st Tuesday after the 1st Monday in June 1975, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city at a general election to be held for that purpose a mayor and two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June 1977, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city at a general election to be held for that purpose two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 5.020 Applicability of state election laws, elections under city council control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the city council. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 5.030 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election and for all officers to be voted for and on all questions that may be submitted to the people at any such city election, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the city council to provide for supplemental registration.
Sec. 5.040 Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
κ1971 Statutes of Nevada, Page 913 (CHAPTER 465, SB 491)κ
be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 5.050 Ballots for ordinances and charter amendments. An ordinance for charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: Shall the above described (ordinance) (amendment) be adopted? The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.
Sec. 5.060 Availability of lists of registered voters. If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall furnish such a list at a fee to be established by the city council.
Sec. 5.070 Watchers and challengers. A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 5.080 Voting machines. The city council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.
Sec. 5.090 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.
2. The city council shall meet within 10 days after any election and canvass the returns and declare the results. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 5.100 Contest of election. A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.
κ1971 Statutes of Nevada, Page 914 (CHAPTER 465, SB 491)κ
ARTICLE VI
Local Improvements
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground utility and communication lines.
Sec. 6.020 Local improvement law: Collateral powers. The city council on behalf of the city, for the purpose of defraying all the costs of acquiring or improving any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.
ARTICLE VII
Local Bonds and Franchises
Sec. 7.010 Debt limit.
1. The city shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under this section, there shall not be counted as indebtedness:
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
Sec. 7.020 Acquisition, operation of municipal utilities. The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities.
κ1971 Statutes of Nevada, Page 915 (CHAPTER 465, SB 491)κ
borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued except for securities issued under section 6.020.
2. The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.
3. Any property tax levied to pay the principal of or interest on such indebtedness authorized under subsection 2 shall be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7.040 Franchises.
1. Before granting any franchise the city council shall first adopt a resolution setting forth fully, and in detail, the applicant for, purpose and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least two publications in the 2 weeks succeeding its adoption.
2. On the first regular meeting of the council after the expiration of the period of such publication, the council shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy taxes at the appropriate rate upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes 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 in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
κ1971 Statutes of Nevada, Page 916 (CHAPTER 465, SB 491)κ
inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. 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.
3. All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The city council shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
ARTICLE IX
Miscellaneous Provisions
Sec. 9.010 Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
Sec. 9.020 Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
2. Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.
4. The enactment of this charter shall not effect any change in the legal identity of the city.
5. The enactment of this charter shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary law.
(b) Any law or ordinance making as appropriation.
κ1971 Statutes of Nevada, Page 917 (CHAPTER 465, SB 491)κ
(c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
(d) The running of the statute of limitations in force at the time this charter becomes effective.
(e) Any bond of any public officer.
Sec. 2. Chapter 72, Statutes of Nevada 1907, at page 150, entitled An Act to incorporate the Town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1907, and all other acts amendatory thereof, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1973.
________
Senate Bill No. 27Senators Gibson and Brown
CHAPTER 466
AN ACT making an appropriation to the state public health facilities construction assistance fund for the purpose of constructing the Boulder City Hospital at Boulder City, Clark County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing moneys in the state public health facilities construction assistance fund, created pursuant to the provisions of NRS 449.400, for the express and only purpose stated in section 2 of this act, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public health facilities construction assistance fund.
Sec. 2. Notwithstanding the provisions of any other law, the health division of the department of health, welfare and rehabilitation shall not expend any of the moneys appropriated by section 1 of this act except for the construction of the Boulder City Hospital at Boulder City, Clark County, Nevada, pursuant to the provisions of the Nevada Health Facilities Assistance Act, being NRS 449.250 to 449.430, inclusive. If no application for a health facility construction project relating to the Boulder City Hospital is made to the health division of the department of health, welfare and rehabilitation within 8 years from the effective date of this act, then the moneys appropriated by section 1 of this act shall revert to the general fund in the state treasury notwithstanding the provisions of NRS 449.400.
Sec. 3. The state controller shall transfer the sum appropriated by section 1 of this act forthwith from the general fund in the state treasury to the state public health facilities construction assistance fund.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 918κ
Assembly Bill No. 427Messrs. Glaser and Roy Young
CHAPTER 467
AN ACT authorizing the acquisition of an instruction building for Elko Community College and the issuance and sale of revenue bonds and other securities by the University of Nevada System for such project and the use and repayment of the receipts of such securities; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; making an appropriation from the general fund in the state treasury to the state planning board to be expended together with the proceeds of the university revenue bonds and other moneys for the acquisition of such project; imposing certain duties on the state planning board; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:
1. Acquisition or acquire includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any body corporate and politic therein, or any person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any properties pertaining to the project, as defined in subsection 4 of this section, or an interest in the project.
2. Board of regents means the board of regents of the University of Nevada.
3. Pledged revenues means the proceeds of a capital improvement fee of at least $2 per credit per student in the Elko Community College during the regular academic year of two semesters.
4. Project means the instruction building of the Elko Community College in Elko County, Nevada, to be acquired on behalf and in the name of the university by the board of regents, equipment and furnishings therefor, and structures, improvements and other appurtenances relating thereto.
5. University means the University of Nevada System.
Sec. 2. 1. The board of regents, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To acquire the project; and
(b) For the purpose of defraying wholly or in part the cost of the project, as defined in this act and in the University Securities Law, to issue bonds or other securities of the university, payable from pledged revenues, in a total principal amount of not exceeding $90,000, at any time or from time to time after the adoption of this act, but not after 5 years from the effective date thereof, as the board of regents may determine.
κ1971 Statutes of Nevada, Page 919 (CHAPTER 467, AB 427)κ
2. Nothing in this act shall be construed as preventing the board of regents from funding, refunding or reissuing any securities of the university or the board of regents at any time as provided in the University Securities Law.
3. None of the proceeds derived from the issuance and sale of such securities shall be expended for the acquisition of movable furniture and furnishings for the project.
Sec. 3. The board of regents is authorized to accept a grant or grants from the Federal Government or any of its agencies or from private sources of $68,000 or more to assist the board of regents in acquiring the project.
Sec. 4. There is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $375,000 for the purpose of acquiring the project together with the proceeds of the bonds or other securities of the university issued pursuant to the provisions of section 2 of this act and the grant moneys specified in section 3 of this act.
Sec. 5. 1. All phases of the planning, design, construction and equipment of the project shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such project.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to the project shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for separate sealed bids for acquisition of the project. Approved plans and specifications for such acquisition shall be on file at places and times stated in such advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such acquisition, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon, but any and all bids may be rejected for any good reason.
Sec. 6. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the University securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 7. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
κ1971 Statutes of Nevada, Page 920 (CHAPTER 467, AB 427)κ
without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 195Committee on Education
CHAPTER 468
AN ACT making an appropriation to the state planning board for the purpose of site improvement, landscaping and utility extension at the University of Nevada, Las Vegas, and the University of Nevada, Reno; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state planning board the following sums:
1. For the purpose of site improvements, landscaping and utility extension at the University of Nevada, Las Vegas, $770,000; and
2. For the purpose of site improvements, landscaping and utility extension at the University of Nevada, Reno, $230,000.
Sec. 2. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the site improvements, landscaping and utility extension described in subsections 1 and 2 of section 1 of this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to carrying out such work.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the site improvements, landscaping and utility extension described in subsections 1 and 2 of section 1 of this act. Approved plans and specifications for such work shall be filed at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of one or both of the work projects described in section 1 of this act, and may let separate contracts for different and separate portions of such work projects, or any combination contract, if savings will result thereby, to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 921κ
Assembly Bill No. 120Mr. Valentine
CHAPTER 469
AN ACT requiring the department of motor vehicles to regulate noise emissions from motor vehicles using public highways; making an appropriation; and providing other matters properly relating thereto.
[Approved April 23, 1971]
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 a new section which shall read as follows:
1. Not later than January 1, 1972, the department shall adopt rules and regulations:
(a) Governing total maximum noise emissions for vehicles operating on the highways of this state.
(b) Governing maximum noise emission standards for new motor vehicles sold in this state.
2. Rules and regulations adopted pursuant to this section shall:
(a) Take into consideration all facts and circumstances bearing upon the technical and economic feasibility of and the reasonableness of compliance with such rules and regulations.
(b) Be consistent with any standards adopted by any federal agency governing noise emissions for vehicles in use or applying to the manufacturer of vehicles.
3. Rules and regulations adopted pursuant to this section shall also prescribe testing procedures and instrumentation to be used, taking into consideration the testing procedures of the Society of Automotive Engineers.
4. The department shall, from time to time, after initial adoption of rules and regulations and, as new facts concerning the control of vehicle noise become available, make such amendments to the rules and regulations as is required to maintain the highest level of vehicle noise emission control consistent with the provisions of subsection 2.
5. On and after the effective date of the rules and regulations adopted pursuant to this section it shall be unlawful to operate on the highways of this state any vehicle or to sell or offer for sale in this state any vehicle which fails to comply with the emission levels established by such rules and regulations.
Sec. 2. NRS 484.611 is hereby amended to read as follows:
484.611 1. Every motor vehicle shall at all times be equipped with a muffler [or turbocharger] in good working order and in constant operation to prevent [excessive or unusual notice, and no] emissions greater than those allowed by rules and regulations established by the department. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.
2. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
Sec. 3. There is hereby appropriated from the highway fund in the state treasury to the department of motor vehicles the sum of $2,000 to carry out the purposes of this act.
κ1971 Statutes of Nevada, Page 922 (CHAPTER 469, AB 120)κ
state treasury to the department of motor vehicles the sum of $2,000 to carry out the purposes of this act.
________
Senate Bill No. 165Senator Titlow
CHAPTER 470
AN ACT directing the Nevada department of fish and game to expend moneys from the fish and game fund for the purchase of upland game birds; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The Nevada department of fish and game is directed to expend from the fish and game fund in the state treasury, for the fiscal periods ending July 1, 1972, and July 1, 1973, the sums of $25,000 and $25,000, respectively, in accordance with any policy established by the state board of fish and game commissioners, for purchasing upland game birds from private breeders only.
2. Such upland game birds shall be released in the spring of each year in areas to be determined by the commission.
3. Upon determining the area in which any of such upland game birds are to be released the department shall notify the county game management board of and interested sports groups in the county where the release is to be made prior to making such release.
________
Senate Bill No. 196Committee on Education
CHAPTER 471
AN ACT making an appropriation to the board of regents of the University of Nevada for the purpose of providing furnishings and equipment in certain buildings at the University of Nevada, Las Vegas.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the board of regents of the University of Nevada the sum of $350,000 for the purpose of providing necessary furnishings and equipment in the humanities building and the college of education building on the campus of the University of Nevada, Las Vegas.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 923κ
Senate Bill No. 535Committee on Judiciary
CHAPTER 472
AN ACT relating to licensing of motor vehicles; providing for issuance of courtesy personalized license plates by the department of motor vehicles to state legislators, and justices of the supreme court; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the case of the senators, State Senator, together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, State Assemblyman, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them shall be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority prior to January 1, 1971, shall be maintained in the same sequence.
2. The department shall furnish to each justice of the supreme court, in order of seniority, a special plate or plates showing on the face thereof: Supreme Court Justice 1; Supreme Court Justice 2; Supreme Court Justice 3; Supreme Court Justice 4; and Supreme Court Justice 5. If two or more justices have the same seniority, the designated number given to them shall be determined according to the alphabetical order of their last names.
3. The department shall issue the licenses and duplicate set of license plates described in subsections 1 and 2 to the state legislators and justices of the supreme court on payment of the license fees as authorized by law.
Sec. 3. The provisions of section 2 of this act do not apply to personalized prestige license plates issued pursuant to NRS 482.3667 to 482.367, inclusive.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 924κ
Senate Bill No. 426Senator Monroe
CHAPTER 473
AN ACT relating to revenue and taxation; providing remedies for the collection of taxes; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. If any amount required to be paid to the state or remitted to the Nevada tax commission under the provisions of this Title is not paid when due, the Nevada tax commission may, within 3 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction a certificate specifying the amount required to be paid, interest and penalties due, the name and address of the person liable for the payment, as it appears on the records of the Nevada tax commission, the Nevada tax commissions compliance with the applicable provisions of this Title in relation to the determination of the amount required to be paid, and a request that judgment be entered against the person in the amount required to be paid, including interest and penalties, as set forth in the certificate.
Sec. 3. 1. The court shall upon filing of the certificate issue an order requiring the person liable for payment to show cause why a judgment should not be entered against him in the amount required to be paid, including interest and penalties, as set forth in the certificate. The order shall specify the time and place of hearing and shall be served upon the person liable for payment at least 10 days prior to the time set for hearing.
2. The court shall hear and determine the case and render judgment thereon. The judgment shall be entered in the judgment book as in other cases.
Sec. 4. Execution shall issue upon the judgment upon request of the Nevada tax commission in the same manner as execution may issue upon other judgments, and sales shall be held under such execution, as provided in chapter 21 of NRS.
Sec. 5. 1. An abstract of the judgment, or a copy thereof, may be recorded in the office of the county recorder of any county.
2. From the time of its recordation, it shall become a lien upon all real and personal property in such county owned by the judgment debtor at the time, or which he may afterward acquire, until the lien expires. The lien shall have the force, effect and priority of a judgment lien and shall continue for 5 years from the date of the judgment so entered by the county clerk unless sooner released or otherwise discharged.
Sec. 6. The lien may, within 5 years of the date of the judgment or within 5 years of the last extension of the lien in the manner herein provided, be extended by recording in the office of the county recorder an abstract or copy of the judgment, and from the time of such recording, the lien shall be extended upon the property in such county for 5 years unless sooner released or otherwise discharged.
κ1971 Statutes of Nevada, Page 925 (CHAPTER 473, SB 426)κ
Sec. 7. 1. The amounts, including interest and penalties, required to be paid by any person under this Title shall be satisfied first in any of the following cases:
(a) Whenever the person is insolvent.
(b) Whenever the person makes a voluntary assignment of his assets.
(c) Whenever the estate of the person in the hands of executors, administrators or heirs, prior to distribution, is insufficient to pay all the debts due from the deceased.
(d) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.
2. This section does not give the state a preference over:
(a) Any recorded lien which attached prior to the date when the amounts required to be paid became a lien; or
(b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred under federal law or wages as provided in NRS 150.220.
Sec. 8. The remedies of the state provided for in sections 2 to 8, inclusive, of this act are intended to supplement existing remedies applicable to specific taxes provided for in this Title. Nothing contained in sections 2 to 8, inclusive, of this act shall be deemed to limit or repeal additional requirements imposed upon the Nevada tax commission by statute, or otherwise by law.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 7Senator Monroe
CHAPTER 474
AN ACT relating to stolen goods; prohibiting the possession or withholding of stolen goods; providing a penalty; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.275 is hereby amended to read as follows:
205.275 1. Every person who, for his own gain, or to prevent the owner from again possessing his property, shall buy, [or] receive, possess or withhold stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement: [, knowing]
(a) Knowing the same so to have been obtained; or [, shall,]
(b) Under such circumstances as should have caused a reasonable man to know that such goods or property were so obtained,
shall, upon conviction, be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment; and every such person may be tried, convicted and punished, as well before as after the trial of the principal.
κ1971 Statutes of Nevada, Page 926 (CHAPTER 474, SB 7)κ
person may be tried, convicted and punished, as well before as after the trial of the principal. Every such person may be tried, convicted and punished as well before as after the trial of the principal.
2. No person convicted of the offense specified in this section shall be condemned to imprisonment in the state prison, unless the value of the thing [bought or received] bought, received, possessed or withheld shall amount to $100, or more, but the same shall be punished as provided in cases of petit larceny.
Sec. 2. NRS 205.290 is hereby amended to read as follows:
205.290 All property obtained by larceny, robbery, burglary or embezzlement and found in the possession of the their or embezzler thereof, or in the possession of any receiver or wrongful possessor of stolen property, shall be restored to the owner.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 703Mr. Hafen
CHAPTER 475
AN ACT relating to the assessment and taxation of the net proceeds of mines; allowing certain rent as a deduction in computing gross yield and net proceeds; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 362.120 is hereby amended to read as follows:
362.120 1. The Nevada tax commission shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of each semiannual period.
2. The net proceeds shall be ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during such 6-month period, and none other:
(a) The actual cost of extracting the ore from the mines.
(b) The actual cost of transporting the product of the mine to the place or places of reduction, refining and sale.
(c) The actual cost of reduction, refining and sale.
(d) The actual cost of marketing and delivering the product and the conversion of the same into money.
(e) The actual cost of maintenance and repairs of:
(1) All mine machinery, equipment, apparatus and facilities.
(2) All milling, smelting and reduction works, plants and facilities.
(3) All transportation facilities and equipment except such as are under the jurisdiction of the public service commission of Nevada as public utilities.
(f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) of this subsection.
κ1971 Statutes of Nevada, Page 927 (CHAPTER 475, AB 703)κ
(g) Depreciation at the rate of not less than 6 percent nor more than 10 percent per annum of the assessed valuation of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e) of this subsection. The percentage of depreciation shall be determined for each mine by the Nevada tax commission, and in making such determination the Nevada tax commission shall give due weight to the character of the mine and equipment and its probable life.
(h) All moneys expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.
(i) All moneys paid as contributions under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, and all moneys paid as contributions under the Social Security Act of the Federal Government, and all moneys paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.
(j) The actual cost of development work in or about the mine or upon a group of mines when operated as a unit.
(k) All moneys paid as royalties by a lessee or sublessee of a mine, or by both, shall constitute a deductible item for such lessee or sublessee in determining the net proceeds of such lessee or sublessee or both; but the royalties so deducted by the lessee or sublessee shall constitute part of the gross yield of the mine for the purpose of determining the net proceeds upon which a tax shall be levied against the person, corporation, association or partnership to which the royalty has been paid.
(l) Rent paid by a lessee or sublessee to a lessor or sublessor in any amount not more than $1,200 per annum during any period of time that the leased property is not in production shall not be considered as gross income for the purpose of determining the net proceeds of mines tax. Rent in excess of $1,200 per annum shall be considered as gross income for the purpose of determining such tax.
3. The several deductions mentioned in subsection 2 shall not include any expenditures for salaries, or any portion thereof, of any person not actually engaged in:
(a) The working of the mine; or
(b) The operating of the mill, smelter or reduction works; or
(c) The operating of the transportation facilities or equipment; or
(d) Superintending the management of any thereof; or
(e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any such operations.
________
κ1971 Statutes of Nevada, Page 928κ
Assembly Bill No. 795Committee on Health and Welfare
CHAPTER 476
AN ACT amending the Basic Sciences Act of 1951; redefining basic sciences to include biochemistry; adding and increasing fees for investigations of credentials for waivers of examinations, examinations and reexaminations; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 629.020 is hereby amended to read as follows:
629.020 As used in this chapter, unless the context otherwise requires:
1. Basic sciences means anatomy, physiology, [chemistry,] biochemistry, bacteriology and pathology.
2. Board means the state board of examiners in the basic sciences.
3. Healing art includes any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition.
Sec. 2. NRS 629.080 is hereby amended to read as follows:
629.080 1. The board may, in its discretion, waive the examination required by NRS 629.070, when proof satisfactory to the board is submitted, showing that the applicant has passed an examination in the basic sciences substantially equivalent to the examination required by this chapter, administered by an examining or licensing board of another state.
2. The board shall waive such examination when proof satisfactory to the board is submitted showing that the applicant has passed such an examination administered by a national examining board.
3. The fee for investigation of credentials for waiver of examination shall be $50.
Sec. 3. NRS 629.090 is hereby amended to read as follows:
629.090 1. The fee for examination by the board shall be [$25.] $50.
2. The fee for reexamination within any 12-month period shall be [$10,] $25, but the fee for reexamination after the expiration of 12 months shall be the same as the original fee.
3. All fees shall be paid to the board by the applicant when he files his application.
________
κ1971 Statutes of Nevada, Page 929κ
Assembly Bill No. 637Messrs. Frank Young, Lowman, Prince and Dreyer
CHAPTER 477
AN ACT relating to witnesses in criminal matters; permitting certain experts to testify by affidavit as to presence of intoxicating liquor or a drug in a persons blood or urine at a trial or preliminary examination; preserving the right of cross-examination; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 53 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Whenever any person has qualified in the district court of a county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of intoxicating liquor, a narcotic drug, as defined in NRS 453.020, a dangerous drug, as defined in NRS 454.220, or a drug the use or possession of which is regulated by NRS 454.460 and 454.465, the affidavit of such person is admissible in evidence in a criminal trial in the district court in such county or a preliminary examination or trial in a justices court in such county for the purpose of providing the person from whom the affiant received the blood or urine for analysis and the presence or absence of intoxicating liquor or drug, as the case may be.
Sec. 3. 1. Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS or NRS 454.180 to 454.465, inclusive, and it is necessary to prove the existence of any intoxicating liquor or drug, the district attorney may request that the affidavit of a person qualified as provided in section 2 of this act be admitted in evidence at the trial of or preliminary examination into the offense.
2. Such request shall be made at least 10 days prior to the date set for such trial examination and shall be sent to the defendants counsel and to the defendant, by registered or certified mail.
3. If such defendant, or his counsel, notifies the district attorney within 72 hours after receipt of such request that the presence of such person is demanded, the affidavit shall not be admitted.
4. If at the trial or preliminary examination the affidavit of an expert has been admitted in evidence, and it appears to be in the interest of justice that such expert be examined or cross-examined in person, the district court judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary examination or trial is required is extended by the time of such adjournment.
Sec. 4. The affidavit referred to in sections 2 and 3 of this act shall be substantially in the following form:
|
STATE OF NEVADA
COUNTY OF............................ |
} |
ss. |
........................., being first duly sworn, deposes and says: That I am ......................... (occupation); that on ......................... (date) I qualified before a district judge of the district court of this county as a witness qualified to detect the presence in the blood or urine of a person of intoxicating liquor or a narcotic drug, as defined in NRS 453.020, a dangerous drug as defined in NRS 454.220, or a drug the use or possession of which is regulated by NRS 454.460 and 454.465; that on .........................
κ1971 Statutes of Nevada, Page 930 (CHAPTER 477, AB 637)κ
I qualified before a district judge of the district court of this county as a witness qualified to detect the presence in the blood or urine of a person of intoxicating liquor or a narcotic drug, as defined in NRS 453.020, a dangerous drug as defined in NRS 454.220, or a drug the use or possession of which is regulated by NRS 454.460 and 454.465; that on ......................... (date) I received a substance from ......................... (name); that on ......................... (date) I analyzed such substance and determined it to be ......................... (substance); that on ......................... (date) I returned such drug to ......................... (name) or that I still have such substance in my possession.
.......................................................
AFFIANT
Subscribed and sworn to before me this ................... day of ........................., 19........
...............................................................................
NOTARY PUBLIC
________
Assembly Bill No. 688Messrs. Hafen, Smith, Swallow, Frank Young, Mrs. White, Messrs. Ronzone and Wilson
CHAPTER 478
AN ACT relating to junk and secondhand dealers; requiring due diligence in the purchase of anything ordinarily belonging to a public utility; providing a penalty; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any junk dealer or any agent, employee or representative of a junk dealer who buys or receives any junk which he knows or should reasonably know is ordinarily used by and belongs to a telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this state engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.
2. Any person convicted of criminally receiving junk shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years or in a county jail for not more than 1 year, or by a fine of not more than $1,000, or by both fine and imprisonment.
Sec. 3. 1. Any secondhand dealer or any agent, employee or representative of a secondhand dealer who buys or receives any junk which he knows or should reasonably know is ordinarily used by and belongs to a telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this state engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.
κ1971 Statutes of Nevada, Page 931 (CHAPTER 478, AB 688)κ
whether the person selling or delivering such junk has a legal right to do so, is guilty of criminally receiving such property.
2. Any person convicted of criminally receiving junk shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years or in a county jail for not more than 1 year, or by a fine of not more than $250, or by both fine and imprisonment.
Sec. 4. NRS 647.010 is hereby amended to read as follows:
647.010 As used in NRS 647.010 to 647.090, inclusive [:] , and section 2 of this act:
1. Junk includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind.
2. Junk dealer means every person, firm or corporation engaged in the business of purchasing or selling hides or junk.
Sec. 5. NRS 647.030 is hereby amended to read as follows:
647.030 1. Every junk dealer shall keep a book in which shall be written in ink at the time of purchase a full and accurate description of each article purchased, together with the full name, residence, drivers license number, vehicle license number, license number of the vehicle delivering the material and general description of the person or persons selling the same. No entry in the book shall be erased, mutilated or changed.
2. The book shall be open at all times to inspection by the sheriff of the county or any of his deputies, any member of the police force in the city or town, and any constable or other county or municipal official in the county in which the junk dealer does business.
Sec. 6. NRS 647.080 is hereby amended to read as follows:
647.080 NRS 647.010 to 647.090, inclusive, and section 2 of this act, shall not be construed as impairing the power of cities or incorporated towns in this state to license, tax and regulate any person, firm or corporation now engaged in or hereafter engaged in the buying and selling of junk.
Sec. 7. NRS 647.100 is hereby amended to read as follows:
647.100 As used in NRS 647.100 to 647.150, inclusive, and section 3 of this act, every person engaged in whole or in part in the business of buying and selling secondhand personal property, metal junk or melted metals shall be deemed to be a secondhand dealer.
Sec. 8. NRS 647.110 is hereby amended to read as follows:
647.110 1. Every secondhand dealer doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each purchase or sale, a record thereof containing:
(a) The date of the transaction.
(b) The name of the person or employee conducting the transaction.
(c) The name, age, drivers license number, vehicle license number, street and house number, and a general description of the dress, complexion, color of hair, and facial appearance of the person with whom the transaction is had.
κ1971 Statutes of Nevada, Page 932 (CHAPTER 478, AB 688)κ
(d) The name, street and house number of the owner of the property bought.
(e) The street and house number of the place from which the property bought was last removed.
(f) The license number of the vehicle delivering each purchase.
(g) A description of the property bought. In the case of watches, the description shall contain the name of the maker and the number of both the works and the case. In the case of jewelry, all letters and marks inscribed thereon shall be included in the description. When the article bought is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient.
[(g)] (h) The price paid.
[(h)] (i) The names, streets and house numbers of all persons witnessing the transaction.
2. The record and all goods received shall at all times during the ordinary hours of business be open to the inspection of the district attorney or of any peace officer.
Sec. 9. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.100, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.640, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.100, 647.110, 647.120, 647.130, [and] 647.140 [,] and sections 2 and 3 of this act, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
κ1971 Statutes of Nevada, Page 933 (CHAPTER 478, AB 688)κ
in this state, would have been punishable under one or more of such sections.
(d) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 702Mr. Valentine
CHAPTER 479
AN ACT relating to hospitals, nursing and rest homes; establishing new procedures for licensing and regulating such facilities; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A hospital as defined in NRS 449.020 which provides only one or two of the following categories of service:
(a) Medical;
(b) Surgical;
(c) Obstetrical; or
(d) Psychiatric,
shall be designated a medical hospital, surgical hospital, obstetrical hospital or psychiatric hospital or combined-categories hospital, as the case may be.
2. When a hospital offers services in medical, surgical and obstetrical categories, as a minimum, it shall be designated a general hospital.
Sec. 3. 1. Facilities which have the majority of their beds licensed for convalescent care (which includes extended care, nursing home care and intermediate care), except facilities which meet the requirement of a general hospital or any other special hospital pursuant to section 2 of this act, even though they may provide medical services, shall be considered convalescent care facilities for the purposes of this section.
2. Such facility shall include the term convalescent care as a part of its designation and an additional, prefatory term which denotes the level of care rendered, as defined in the license regulations for such facility.
Sec. 4. NRS 449.015 is hereby amended to read as follows:
449.015 As used in NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, health division means the health division of the department of health, welfare and rehabilitation.
κ1971 Statutes of Nevada, Page 934 (CHAPTER 479, AB 702)κ
Sec. 5. NRS 449.020 is hereby amended to read as follows:
449.020 As used in NRS 449.020 to 449.240, inclusive [hospital:
1. Means] and sections 2 and 3 of this act, health and care facility means any institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness, including convalescence, and including [medical care during and after pregnancy, to which a person may be admitted for overnight stay or longer.
2. Includes any sanitarium and rest home.] group care, residential child care and child day care centers.
Sec. 6. NRS 449.030 is hereby amended to read as follows:
449.030 No person, partnership, corporation or association, nor any state or local government unit or any agency thereof, shall establish, conduct or maintain in this state any [hospital] health and care facility without first obtaining a license therefor as provided in NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
Sec. 7. NRS 449.035 is hereby amended to read as follows:
449.035 A nursing home licensed pursuant to the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, shall not operate except under the supervision of a nursing home administrator licensed under the provisions of chapter 654 of NRS.
Sec. 8. NRS 449.037 is hereby amended to read as follows:
449.037 The state board of health shall have the following powers:
1. To adopt licensing standards for each class of [hospital] health and care facility covered by NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, after considering the recommendations of the health facilities advisory council.
2. To adopt rules and regulations governing the licensing of such institutions after considering the recommendations of the health facilities advisory council.
3. To adopt such other rules and regulations as it deems necessary or convenient to carry out the provisions of NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
Sec. 9. NRS 449.040 is hereby amended to read as follows:
449.040 Any person, partnership, corporation or association, or any state or local government unit or any agency thereof, desiring a license under the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, shall file with the health division a verified application on a form prescribed, prepared and furnished by the health division, containing:
1. The name of the applicant and, if an individual, whether the applicant has attained the age of 21 years.
2. The type of institution to be operated.
3. The location thereof.
4. The name of the person in charge thereof.
5. Such other information as may be required by the health division for the proper administration and enforcement of NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
6. Evidence satisfactory to the health division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the members thereof, and the person in charge of the institution for which application for license is made.
κ1971 Statutes of Nevada, Page 935 (CHAPTER 479, AB 702)κ
like evidence shall be submitted as to the members thereof, and the person in charge of the institution for which application for license is made. If the applicant is a political subdivision of the state or other governmental agency, like evidence shall be submitted as to the person in charge of the institution for which application for license is made.
7. Evidence satisfactory to the health division of the ability of the applicant to comply with the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, and of rules and regulations promulgated under 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, by the health division.
Sec. 10. NRS 449.050 is hereby amended to read as follows:
449.050 Each application for a license under NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, shall be accompanied by [a fee determined by the number of beds, exclusive of bassinets, maintained for the use of patients according to the following schedule of fees:
Less than 50 beds........................................................................................ $20
Fifty beds or more, and less than 100 beds.............................................. 30
One hundred beds or more, and less than 200 beds............................... 40
Two hundred beds or more........................................................................ 50]
such reasonable fee as may be determined by regulation of the state board of health.
Sec. 11. NRS 449.060 is hereby amended to read as follows:
449.060 Each license issued under NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act shall expire [at midnight on December 31 of each calendar year] 1 year from the date of its issuance and shall be renewed automatically upon the payment of the fee provided for in NRS 449.050, unless the health division finds, after an investigation, that the [hospital] health and care facility has not complied with the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, or the rules and regulations of the health division, and returns the fee to the applicant.
Sec. 12. NRS 449.070 is hereby amended to read as follows:
449.070 1. No person, partnership, corporation or association, nor any state or local governmental unit or any agency thereof, shall continue to operate, conduct or maintain an existing [hospital] health and care facility after August 1, 1951, without having applied for and obtained a license as provided in NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
2. The provisions of this chapter do not apply to any institution conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of such church or denomination. However, such institution shall comply with all rules and regulations relative to sanitation and safety as other institutions of similar category.
Sec. 13. NRS 449.080 is hereby amended to read as follows:
449.080 Upon the filing of the application for license provided for, and full compliance with the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, and the rules and regulations promulgated under NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, by the health division, the health division shall issue to the applicant the license applied for.
κ1971 Statutes of Nevada, Page 936 (CHAPTER 479, AB 702)κ
and 3 of this act, by the health division, the health division shall issue to the applicant the license applied for.
Sec. 14. NRS 449.140 is hereby amended to read as follows:
449.140 1. Funds received from the licensure of [hospitals] health and care facilities or from any other source shall be deposited in the [hospital] health and care facility licensing administration fund and thereby merged with appropriated money, and shall be disbursed on claims signed by the health division and paid, as other claims against the state are paid, out of the [hospital] health and care facility licensing administration fund in the state treasury.
2. The health division shall be charged with the duty of enforcing the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, and may incur any necessary expenses not in excess of the revenue from fees from licensure and appropriated funds.
Sec. 15. NRS 449.150 is hereby amended to read as follows:
449.150 The health division shall have the following powers:
1. To make or cause to be made inspections of institutions which apply for or hold [hospital] health and care facility licenses.
2. To employ such clerical and inspecting assistants as it deems necessary to carry out the provisions of NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
Sec. 16. NRS 449.160 is hereby amended to read as follows:
449.160 The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, or of any other law of this state or of the rules and regulations promulgated under NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the patients or employees of the institution.
Sec. 17. NRS 449.190 is hereby amended to read as follows:
449.190 The provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, do not apply to any [hospital] health and care facility conducted, maintained or operated by the United States Government or a duly authorized agency thereof.
Sec. 18. NRS 449.200 is hereby amended to read as follows:
449.200 Information received by the health division and records kept under the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, shall be confidential and shall be disclosed only in a proceeding involving the granting or revocation of a license [.] , or the accreditation of a hospital by the Joint Commission on Accreditation of Hospitals.
Sec. 19. NRS 449.210 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 937 (CHAPTER 479, AB 702)κ
449.210 1. A violation of any provision of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, or the rules and regulations adopted thereunder shall be punished by a fine of not more than $100 for the first offense, and $500 for each subsequent offense.
2. Each day of violation shall constitute a separate offense.
Sec. 20. NRS 449.220 is hereby amended to read as follows:
449.220 1. The health division may bring an action in the name of the state to enjoin any person, partnership, corporation or association, or any state or local government unit or any agency thereof, from establishing or maintaining any institution within the meaning of NRS 449.020 to 449.240, inclusive [:] , and sections 2 and 3 of this act:
(a) Without first obtaining a license therefor; or
(b) Whose license has been revoked or suspended by the health division.
2. It shall be sufficient in such action to allege that the defendant did, on a certain date and in a certain place, establish or maintain such an institution without a license.
Sec. 21. NRS 449.230 is hereby amended to read as follows:
449.230 Any duly authorized member or employee of the health division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
Sec. 22. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the hospital is located shall, upon application by the health division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.020 to 449.240, inclusive [.] , and sections 2 and 3 of this act.
Sec. 23. NRS 449.290 is hereby amended to read as follows:
449.290 1. There is hereby established a health facilities advisory council which shall advise and consult with the department in carrying out the administration of NRS 449.250 to 449.430, inclusive. The council shall consist of the state health officer ex officio, who shall serve as the director and chairman, and such even number of additional members appointed by the governor to represent nongovernmental organizations or groups, public agencies and consumers familiar with the need for the services provided by health facilities as the governor shall determine to be advisable to meet the requirements of the Federal Act and regulations promulgated thereunder.
2. Each member of the council other than the state health officer shall hold office for a term of 4 years. The terms of the members first taking office shall commence concurrently, but shall expire, as designated by the governor at the time of appointment, so that one-third more or less thereof shall expire at the end of the second year, one-third more or less thereof at the end of the third year and the remainder at the end of the fourth year, after the date on which their terms commenced.
3. No member of the council may hold office for more than two consecutive terms.
Sec. 24. NRS 449.340 is hereby amended to read as follows:
449.340 1. The state department shall have the authority to establish standards for the maintenance and operation of health facilities, [which receive federal aid,] which standards shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith.
κ1971 Statutes of Nevada, Page 938 (CHAPTER 479, AB 702)κ
receive federal aid,] which standards shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith.
2. A copy of such standards adopted by the state department, giving the date that they take effect, shall be filed with the secretary of state, and copies shall be issued in pamphlet form.
3. Any health facility that applied for and accepts federal aid for construction under a state plan does so on condition that the health facility shall qualify under the minimum standards for maintenance and operation adopted, promulgated and enforced by the state department.
4. Any person, partnership, association or corporation establishing, conducting, managing or operating any health facility within the meaning of NRS 449.250 to 449.430, inclusive, who shall violate any of the provisions of this section or regulations lawfully promulgated thereunder shall be guilty of a misdemeanor.
Sec. 25. NRS 654.190 is hereby amended to read as follows:
654.190 1. The board may, after notice and hearing, suspend or revoke the license of any nursing home administrator for any of the following:
(a) The conviction of a felony, or of any offense involving moral turpitude.
(b) Obtaining a license by the use of fraud or deceit.
(c) The violation of any of the provisions of this chapter.
(d) Aiding or abetting any person in the violation of any of the provisions of NRS 449.020 to 449.240, inclusive, and sections 2 and 3 of this act, as such provisions pertain to nursing homes.
(e) The violation of any rule or regulation of the board prescribing additional standards of conduct for nursing home administrators.
2. The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days prior to the date of such hearing.
3. Hearings for the suspension or revocation of a license issued under this chapter shall be governed by the Nevada Administrative Procedure Act.
________
Senate Bill No. 463Senator Swobe
CHAPTER 480
AN ACT relating to the subdivision of land; granting the board of county commissioners of certain counties the power to exempt certain land from subdivision regulations; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.320 is hereby amended to read as follows:
278.320 1. Subdivision refers to any land or portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider into 5 or more parcels within any 1 calendar year.
κ1971 Statutes of Nevada, Page 939 (CHAPTER 480, SB 463)κ
which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider into 5 or more parcels within any 1 calendar year.
2. Subdivision does not include either of the following:
(a) Any parcel or parcels of land in which all of the following conditions are present:
(1) Which contain less than 5 acres.
(2) Which abut upon dedicated streets or highways.
(3) In which street opening or widening is not required by the governing body in dividing the land into lots or parcels.
(4) The lot design meets the approval of the governing body.
(b) Any parcel or parcels of land divided into lots or parcels, each of a net area of 10 acres or more, a tentative map of which has been submitted to the governing body and has been approved by it as to street alignment and widths, drainage provisions and lot design.
3. In either case provided in subsection 2, there shall be filed a record of survey map pursuant only to the provisions of NRS 278.010 to 278.630, inclusive.
4. In any county having a population of 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, the board of county commissioners may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:
(a) Such land is owned by a railroad company and was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on such land.
5. Nothing contained in NRS 278.010 to 278.630, inclusive, shall apply to land platted for cemetery purposes not involving any street, road or highway opening or widening or easements of any kind.
[5.] 6. Nothing contained herein shall apply to the division of land for agricultural purposes, in parcels of more than 10 acres, not involving any street, road, or highway opening or widening or easements of any kind.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 601Committee on Public Resources
CHAPTER 481
AN ACT relating to fish and game; providing for state pheasant stamps; providing a penalty; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. It is unlawful for any person, except a person under the age of 12, as provided in NRS 502.010, to take any pheasant without first procuring a state pheasant stamp and having such stamp in his possession while taking such pheasants.
κ1971 Statutes of Nevada, Page 940 (CHAPTER 481, SB 601)κ
first procuring a state pheasant stamp and having such stamp in his possession while taking such pheasants.
2. State pheasant stamps shall be sold for a fee of $2 by the department and by persons authorized by the department to sell hunting licenses as provided in NRS 502.040. The department shall issue such stamps only to holders of valid hunting licenses. The form of such stamps shall be determined by the department.
Sec. 3. All funds derived from the sale of state pheasant stamps shall be deposited in the fish and game fund. The department shall maintain a state pheasant stamp account to permit separate accounting records for the receipt and expenditure of funds derived from the sale of state pheasant stamps. An amount not to exceed 10 percent of such funds may be used to reimburse the department for the cost of administering the state pheasant stamp program. Such amount shall be in addition to compensation allowed persons authorized to issue and sell licenses pursuant to NRS 502.040.
Sec. 4. 1. Funds deposited in the state pheasant stamp account shall be used for raising or purchasing upland game birds.
2. Such birds shall be raised by the department unless they can be purchased at a lower cost from private breeders.
Sec. 5. NRS 502.035 is hereby amended to read as follows:
502.035 Licenses, state pheasant stamps and permits granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be issued by the department, upon payment of the fees required under this Title.
Sec. 6. NRS 502.040 is hereby amended to read as follows:
502.040 1. The commission shall provide rules and regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting funds to the department, and the manner of accounting for licenses and state pheasant stamps received, issued, sold or returned.
2. A license agent designated by the department shall be responsible for the correct issuance of all licenses and state pheasant stamps entrusted to him, and, so far as he is able to determine, that no licenses shall be issued upon the false statement of an applicant. Prior to issuing any license the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and shall require of all applicants exhibition to him of proof of their identity and residence.
3. License agents shall be required to furnish bond to the department for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bonds shall be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium shall be paid from the fish and game fund.
4. At the time that license agents forward moneys collected to the department they may retain the amount set by the commission for the sale of such licenses [,] and state pheasant stamps, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance.
κ1971 Statutes of Nevada, Page 941 (CHAPTER 481, SB 601)κ
5. A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the moneys collected by him, and for the prompt remission to the department for deposit in the state treasury of all moneys collected. The department shall furnish to the license agent receipts for licenses, state pheasant stamps or moneys returned to the department, and shall require of the license agent that he deliver the departments receipt for any license or state pheasant stamp received.
6. All moneys collected by a license agent shall be deemed to be public moneys of the State of Nevada and the state shall have a prior claim for the amount of license and state pheasant stamp moneys due it upon all assets of the agent over all creditors, assignees or other claimants. The use of these moneys for private or business transactions shall be deemed to be a misuse of public funds and punishable under the laws provided.
________
Assembly Bill No. 85Mrs. White
CHAPTER 482
AN ACT relating to special assessments for local improvements; amending the County Improvements Law and the Consolidated Local Improvements Law to authorize the levy of special assessments on property owned by the State of Nevada and its political subdivisions and requiring the payment of such assessments in cash.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All assessments made against the state or any of its political subdivisions shall be due and payable in cash without demand within 90 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the state or political subdivision against which the assessment was made be paid in installments with interest as hereinafter provided, whenever the board so authorizes the payment of assessments. Such installments shall not extend beyond the period authorized for private owners for the same assessment.
Sec. 2. NRS 244.821 is hereby amended to read as follows:
244.821 Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the county by the levy of assessments, except [any tract owned by the Federal Government, the county or any other public body, in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.] :
1. Any tract owned by the Federal Government in the absence of its consent to the assessment or the county.
2. Any street or other public right-of-way.
κ1971 Statutes of Nevada, Page 942 (CHAPTER 482, AB 85)κ
Sec. 3. Chapter 271 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All assessments made against the state or any of its political subdivisions shall be due and payable in cash without demand within 90 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the state or political subdivision against which the assessment was made be paid in installments with interest as hereinafter provided whenever the board so authorizes the payment of assessments. Such installments shall not extend beyond the period authorized for private owners for the same assessment.
Sec. 4. NRS 271.040 is hereby amended to read as follows:
271.040 Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the municipality by the levy of assessments, except [any tract owned by the Federal Government, the municipality or any other public body, in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.] :
1. Any tract owned by the Federal Government in the absence of its consent to the assessment or the municipality.
2. Any street or other public right-of-way.
________
Senate Bill No. 576Committee on Federal, State and Local Governments
CHAPTER 483
AN ACT relating to public borrowing and bonds; changing the time of selection of representatives to general obligation bond commissions; requiring annual meetings of the commissions; granting additional powers to the commissions; requiring annual reports to the commissions by political subdivisions; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Each governing body of a political subdivision which has issued or contemplates issuing general obligation bonds shall submit to the commission, at least 30 days prior to its annual meeting in July, a complete statement of current and contemplated general obligation debt and a report of current and contemplated bond issuance and retirement schedules.
Sec. 3. The commission has the power, with the consent of the political subdivision which proposes to issue general obligation bonds, to contract for or employ accountants and financial consultants to evaluate any proposed bond issue which it must approve or disapprove. The cost of such services shall be paid by the consenting political subdivision which proposes to issue the general obligation bonds.
κ1971 Statutes of Nevada, Page 943 (CHAPTER 483, SB 576)κ
of such services shall be paid by the consenting political subdivision which proposes to issue the general obligation bonds.
Sec. 4. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each county which contains more than one incorporated city or town:
(1) One representative of the city or town in which the county seat is located;
(2) One representative of the other incorporated cities or towns jointly; and
(3) One representative of the public at large.
(b) In each county which contains but one incorporated city or town:
(1) One representative of the incorporated city or town; and
(2) Two representatives of the public at large.
(c) In each county which contains no incorporated city or town, one representative of the public at large.
2. In Carson City, there is hereby created a general obligation bond commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large.
3. Each representative of a single local government shall be chosen by its governing body. Each representative of two or more local governments shall be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large shall be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote shall be resolved by lot.
4. The first members of the commission shall be chosen within 30 days following July 1, 1965, and shall serve until December 31, 1966. Their respective successors shall be chosen in January of each odd-numbered year beginning in 1967, and shall hold office for a term of 2 years beginning January 1 [.] , except the representatives of incorporated cities or towns, who shall be chosen after elections are held in the cities or towns but prior to the annual meeting of the commission.
5. Any vacancy shall be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 5. NRS 350.003 is hereby amended to read as follows:
350.003 1. The first commissioners appointed shall meet during the month of August 1965, at the call of the chairman of the board of county commissioners, to organize by selecting a chairman and vice chairman. Thereafter, each commission shall meet during the month of February of each odd-numbered year, to organize in like manner. The county clerk shall be ex officio the secretary of the commission.
2. In addition to the organization meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.
κ1971 Statutes of Nevada, Page 944 (CHAPTER 483, SB 576)κ
3. A majority of the members shall constitute a quorum for all purposes.
Sec. 6. NRS 350.005 is hereby amended to read as follows:
350.005 1. The governing body of the political subdivision (excluding the state) proposing to issue general obligation bonds shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting.
2. The commission may grant a conditional or provisional approval of bond issues. Such conditions or provisions are limited, however, to the scheduling of the issuance and retirement of bonds. The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal shall be sent to the governing body within 3 days after the meeting.
3. A proposal which has been disapproved may not be resubmitted until after the expiration of 90 days from the date of the meeting.
________
Senate Bill No. 435Senator Young
CHAPTER 484
AN ACT relating to public nuisances; permitting boards of county commissioners and governing bodies of cities to regulate, control or prohibit excessive noise; detailing procedures for the abatement of nuisances in counties; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.
Sec. 2. NRS 244.360 is hereby amended to read as follows:
244.360 1. [Whenever, in any county of this state, the county commissioners of the county shall have knowledge, either by personal observation, complaint in writing, or other satisfactory evidence, that a nuisance, as defined by NRS 40.140, exists within the limits of the county, the board of county commissioners shall take immediate action by entering and recording an order in the minutes of the board, directing the district attorney to notify the person or persons responsible for such nuisance to abate the same, and in case the notice is not obeyed within 5 days from and after service of the notice, the district attorney is directed and empowered to bring an action in a court of justice to enforce or abate the same, together with the recovery of damages and costs.
κ1971 Statutes of Nevada, Page 945 (CHAPTER 484, SB 435)κ
days from and after service of the notice, the district attorney is directed and empowered to bring an action in a court of justice to enforce or abate the same, together with the recovery of damages and costs. The action shall be under the control of the board of county commissioners in like manner as other suits to which the county is a party, and all necessary expenses incurred in conducting the action shall be paid out of the general fund of the county as other claims are paid.
2. Failure on the part of either county commissioners or the district attorney to enforce the provisions of this section shall work a forfeiture of office.] Whenever a written complaint is filed with the county clerk alleging the existence of a nuisance, as defined in NRS 40.140, within the county, the county clerk shall notify the board of county commissioners, who shall forthwith fix a date to hear the proof of the complainant and of the owner or occupant of the real property whereon the alleged nuisance is claimed to exist not less than 30 nor more than 40 days subsequent to the filing of the complaint.
2. At the time of fixing the hearing the board of county commissioners shall order and cause notice of the hearing to be published at least once a week for 2 weeks next preceding the date fixed for the hearing in a newspaper of general circulation published in the county and if none is so published in the county then in a newspaper having a general circulation in the county.
3. At the time fixed for hearing, the board of county commissioners shall proceed to hear the complaint and any opponents. The board may adjourn the hearing from time to time, not exceeding 14 days in all. At the hearing it shall receive the proofs offered to establish or controvert the facts set forth in the complaint, and on the final hearing of the complaint the board shall by resolution entered on its minutes determine whether or not a nuisance exists and, if one does exist, order the person or persons responsible for such nuisance to abate the same. If the order is not obeyed within 5 days after service of a copy upon the person or persons responsible for the nuisance, the board of county commissioners shall cause the abatement of the nuisance and make the cost of abatement a special assessment against the real property.
4. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.
Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.
________
κ1971 Statutes of Nevada, Page 946κ
Assembly Bill No. 821Committee on Transportation
CHAPTER 485
AN ACT to amend an act entitled An Act relating to the carriage of persons and property by vehicles; providing for the licensing of certain vehicle carriers; establishing fees; providing penalties; and providing other matters properly relating thereto, being Senate Bill No. 266 of the 56th session of the Nevada legislature.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 67 of the above-entitled act is hereby amended to read as follows:
Section 67. 1. All visually or physically handicapped persons are entitled to the full and equal enjoyment of the facilities of any common motor carrier of passengers or other means of public conveyance and transportation operating within this state.
2. It is unlawful for any person to deny any of the privileges granted by subsection 1.
3. It is unlawful for any common carrier or other means of public conveyance or transportation operating within this state, to deny the equal enjoyment of its services and facilities to a physically or visually handicapped person by the arbitrary, capricious or unreasonable interference, direct or indirect, with the use of aids and appliances used by such physically or visually handicapped person for purposes of mobility.
Sec. 2. Section 68 of the above-entitled act is hereby amended to read as follows:
Section 68. No common motor carrier of passengers or other means of public conveyance or transportation operating in this state may:
1. Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
2. Charge an additional fee for such dog unless the dog requires additional space or service. Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided. Any arbitrary, capricious or unreasonable imposition of such extra charge, when additional space or services are not reasonably necessary for the accommodation of a guide dog, is deemed a refusal of service.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1971, only if Senate Bill No. 266 of the 56th session of the legislature becomes effective prior thereto.
________
κ1971 Statutes of Nevada, Page 947κ
Assembly Bill No. 819Committee on Transportation
CHAPTER 486
AN ACT to amend an act entitled An Act relating to the carriage of persons and property by vehicles; providing for the licensing of certain vehicle carriers; establishing fees; providing penalties; and providing other matters properly relating thereto, being Senate Bill No. 266 of the 56th session of the Nevada legislature.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 129 of the above-entitled act is hereby amended to read as follows:
Section 129. 1. Notwithstanding the provisions of NRS 482.320 and the provisions of sections 18 and 92 of this act, such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in or rebuilder of motor vehicles, as such are defined in section 19 of this act, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the highways of this state, when such motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the license and paying the motor convoy fee therefor.
2. No such manufacturer [or dealer] , dealer or rebuilder shall operate, drive or tow any such motor vehicle unless there are attached thereto the [motor vehicle dealers] license plates required by law of all such manufacturers [or dealers,] , dealers or rebuilders, or a permit from the department provided for in NRS 482.3211 and 482.3212.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1971, only if Senate Bill No. 266 of the 56th session of the legislature becomes effective prior thereto.
________
Assembly Bill No. 817Committee on Transportation
CHAPTER 487
AN ACT to amend an act entitled An Act relating to the carriage of persons and property by vehicles; providing for the licensing of certain vehicle carriers; establishing fees; providing penalties; and providing other matters properly relating thereto, being Senate Bill No. 266 of the 56th session of the Nevada legislature.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto a new section, designated section 62.5, following section 62, which shall read as follows:
Section 62.5. 1. A full and complete record shall be kept of all hearings before the commission, and all testimony shall be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts.
κ1971 Statutes of Nevada, Page 948 (CHAPTER 487, AB 817)κ
any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer shall be transcribed, and the transcript filed with the record in the matter. The commission may, by rule or regulation, provide for the transcription or safekeeping of such sound recordings. Cost of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to section 59 of this act, shall be paid by the applicant. If a complaint is made pursuant to section 59 of this act by a customer or by a body politic or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the commission may apportion the costs among them in its discretion.
2. Whenever any complaint is served upon the commission as provided in section 123 of this act for the bringing of actions against the commission, before the action is reached for trial, the commission shall cause a certified copy of all proceedings and testimony taken to be filed with the clerk of the court in which the action is pending.
3. A copy of such proceedings and testimony shall be furnished to any party, on payment of a reasonable amount therefor, to be fixed by the commission, which amount shall be uniform per folio to all parties. The amount so charged and collected shall be turned over by the commission to the state treasurer, and by him carried into the fund appropriated for the general expenses of the commission.
Sec. 2. Section 46 of the above-entitled act is hereby amended to read as follows:
Section 46. 1. Every common and contract motor carrier and broker shall:
(a) Keep and render to the commission, in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted; and
(b) Furnish the commission with an annual report in such form and detail as shall be prescribed by the commission.
2. The reports required by this section shall be prepared on a calendar year basis and shall be filed not later than April 15 following.
3. The commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.
4. [Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes and papers of any common or contract motor carrier or broker for the purpose of determining their correctness and whether they are being kept in accordance with the provisions of this chapter and the rules and regulations and form prescribed by the commission.] Any commissioner or any commission personnel authorized by the commission may examine, at any time during the business hours of the day, the books, accounts, records, minutes, papers and property of any motor carrier doing business in this state
5. The fact that such books, accounts, records, minutes and papers are not maintained in this state shall not cause the commissioner or such authorized commission personnel to lose any right of examination under this chapter when and where such books, accounts, records, minutes, papers and property are maintained.
κ1971 Statutes of Nevada, Page 949 (CHAPTER 487, AB 817)κ
under this chapter when and where such books, accounts, records, minutes, papers and property are maintained.
Sec. 3. Section 61 of the above-entitled act is hereby amended to read as follows:
Section 61. 1. Whenever there is filed with the commission any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested common or contract motor carrier, to enter upon an investigation or, upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending such investigation or hearing and the decision thereon, the commission, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule or tariff and defer the use of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
4. The commission shall determine whether a hearing shall be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less. In making such determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 4. Section 114 of the above-entitled act is hereby amended to read as follows:
Section 114. 1. All motor carriers coming within the terms of section 2 to 137, inclusive, of this act, to whom have been issued the certificates, permits and licenses provided by sections 2 to 137, inclusive, of this act, may transfer such certificates, permits and licenses to another qualified under sections 2 to 137, inclusive, of this act, but no such transfer shall be valid for any purpose until a joint application to make such transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.
κ1971 Statutes of Nevada, Page 950 (CHAPTER 487, AB 817)κ
transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier under the jurisdiction of the commission shall be valid without prior commission approval if the effect of such transfer will be to change corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.
2. The commission shall have the sole discretion to direct that a hearing shall be held if the application seeks to transfer the certificate from an individual or individuals or partners to a corporation when the officers of the corporation will be substantially the same individual, individuals or partners.
3. The commission, in its discretion, may:
(a) Direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission; or
(b) Dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.
[3.] 4. In determining whether or not the transfer of a certificate of public convenience and necessity or contract carrier permit to an applicant should be authorized, the commission shall consider:
(a) The service which has been performed by the transferor and that which may be performed by the transferee.
(b) Other authorized transportation facilities in the territory for which such transfer is sought.
(c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract carrier by vehicle and whether or not the proposed operation will be consistent with the legislative policy set forth in section 30 of this act.
[4.] 5. The commission may make such amendments, restrictions or modifications in a certificate or permit upon such transfer, as the public interest may require.
[5.] 6. No transfer shall be valid beyond the life of the certificate, permit or license transferred.
Sec. 5. This act shall become effective at 12:01 a.m. on July 1, 1971, only if Senate Bill No. 266 of the 56th session of the legislature becomes effective prior thereto.
________
κ1971 Statutes of Nevada, Page 951κ
Assembly Bill No. 808Committee on Ways and Means
CHAPTER 488
AN ACT relating to public education; increasing the state basic support guarantee per pupil for the school years 1971-1972 and 1972-1973 and establishing additional increases dependent upon certain facts and actions; making appropriations from the general fund in the state treasury to and authorizing expenditures from the state distributive school fund; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.122 is hereby amended to read as follows:
387.122 1. For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee per pupil for the school year commencing July 1, [1969,] 1971, and ending June 30, [1970,] 1972, and for the school year commencing July 1, [1970,] 1972, and ending June 30, [1971,] 1973, is established for each of the several school districts in the state as follows:
[1969-70] 1971-72 [1970-71] 1972-73
Carson City School District.. [$592] $674................................. [$609] $677
Churchill County School District [585]..................................... 683 [600] 692
Clark County School District [545] 660................................... [560] 666
Douglas County School District [578]..................................... 692 [600] 702
Elko County School District. [599] 724................................... [621] 730
Esmeralda County School District ................................ [1,229] 1,550................................ [1,253] 1,618
Eureka County School District [896]................................. 1,063 [934] 1,094
Humboldt County School District [619]..................................... 745 [645] 753
Lander County School District [632]..................................... 737 [658] 744
Lincoln County School District [783]..................................... 899 [808] 904
Lyon County School District............... [606]..................................... 715 [627] 723
Mineral County School District [581]..................................... 708 [594] 716
Nye County School District. [672] 808................................... [701] 822
Pershing County School District [612]..................................... 697 [631] 707
Storey County School District [952]................................. 1,197 [1,023] 1,207
κ1971 Statutes of Nevada, Page 952 (CHAPTER 488, AB 808)κ
[1969-70] 1971-72 [1970-71] 1972-73
Washoe County School District ................................. [$553] $659................................. [$569] $665
White Pine County School District [622]..................................... 714 [641] 725
except that for any year when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying [$600] $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
2. Notwithstanding the provisions of subsection 1, if the taxable sales subject to determination of taxes under the provisions of chapter 372 of NRS, as reported by the Nevada tax commission for the period January 1, 1971, through September 30, 1971, amount to more than $1,356,492,000, and if the interim finance committee of the legislative counsel bureau therefore determines there are sufficient funds appropriated to the state distributive school fund, the basic support guarantee per pupil for the school year commencing July 1, 1972, and ending June 30, 1973, is established for each of the several school districts in the state as follows:
1972-73
Carson City School District............................................................ $680
Churchill County School District.................................................. 695
Clark County School District......................................................... 669
Douglas County School District.................................................... 705
Elko County School District........................................................... 733
Esmeralda County School District................................................ 1,621
Eureka County School District...................................................... 1,097
Humboldt County School District.................................................. 756
Lander County School District....................................................... 747
Lincoln County School District...................................................... 907
Lyon County School District........................................................... 726
Mineral County School District..................................................... 719
Nye County School District............................................................. 825
Pershing County School District................................................... 710
Storey County School District........................................................ 1,210
Washoe County School District...................................................... 668
White Pine County School District................................................ 728
except that for the school year commencing July 1, 1972, and ending June 30, 1973, when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
κ1971 Statutes of Nevada, Page 953 (CHAPTER 488, AB 808)κ
percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
3. Notwithstanding the provisions of subsections 1 and 2, if the taxable sales subject to determination of taxes under the provisions of chapter 372 of NRS, as reported by the Nevada tax commission for the period January 1, 1971, through September 30, 1971, amount to more than $1,369,170,000, and if the interim finance committee of the legislative counsel bureau therefore determines there are sufficient funds appropriated to the state distributive school fund, the basic support guarantee per pupil for the school year commencing July 1, 1972, and ending June 30, 1973, is established for each of the several school districts in the state as follows:
1972-73
Carson City School District............................................................ $684
Churchill County School District.................................................. 699
Clark County School District......................................................... 673
Douglas County School District.................................................... 709
Elko County School District........................................................... 737
Esmeralda County School District................................................ 1,625
Eureka County School District...................................................... 1,101
Humboldt County School District.................................................. 760
Lander County School District....................................................... 751
Lincoln County School District...................................................... 911
Lyon County School District........................................................... 730
Mineral County School District..................................................... 723
Nye County School District............................................................. 829
Pershing County School District................................................... 714
Storey County School District........................................................ 1,214
Washoe County School District...................................................... 672
White Pine County School District................................................ 732
except that for the school year commencing July 1, 1972, and ending June 30, 1973, when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $400 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1971, and ending June 30, 1972, the sum of $47,131,625.
2. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1972, and ending June 30, 1973, the sum of $46,983,326.
3. The funds appropriated by subsections 1 and 2 of this section 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, 1971-1972 and 1972-1973, as required by NRS 353.215.
κ1971 Statutes of Nevada, Page 954 (CHAPTER 488, AB 808)κ
1972-1973, 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.
4. Transfers to and from 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.
5. Notwithstanding any other provisions of this act, the moneys appropriated by subsections 1 and 2 of this section shall be available for both fiscal years, 1971-1972, and 1972-1973, 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.
6. After June 30, 1972, any unexpended balance of the appropriation made by subsection 1 of this section for the fiscal year 1971-1972 shall be transferred to and added to the moneys appropriated by subsection 2 of this section and may be expended during the fiscal year 1972-1973, subject to the provisions of subsection 3 of this section.
7. After June 30, 1973, any unexpended balance of the appropriation made by subsection 2 of this section for the fiscal year 1972-1973 together with any moneys transferred pursuant to subsection 6 of this section shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1973.
Sec. 3. 1. Expenditure of $1,820,106 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1971, and ending June 30, 1972.
2. Expenditure of $1, 939,515 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1972, and ending June 30, 1973.
3. The funds authorized to be expended by the provisions of subsections 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 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.
4. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in subsections 1 and 2 for expenditure by the state department of education 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 subsections 1 and 2.
5. The portion of the moneys in the state distributive school fund provided by appropriation from the general fund shall be decreased to the extent that the receipt of moneys from other sources approved by subsections 1 and 2 of this section are exceeded, but such decrease shall not jeopardize the receipt of such moneys to be received from other sources.
κ1971 Statutes of Nevada, Page 955 (CHAPTER 488, AB 808)κ
extent that the receipt of moneys from other sources approved by subsections 1 and 2 of this section are exceeded, but such decrease shall not jeopardize the receipt of such moneys to be received from other sources.
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Assembly Bill No. 491Mr. Kean
CHAPTER 489
AN ACT relating to criminal procedure; providing for sealing the case records of persons under certain circumstances; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. A person who has been convicted of any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody, a person who has been convicted of a gross misdemeanor may, after 10 years from the date of his conviction or release from custody, and a person who has been convicted of a misdemeanor may, after 5 years from the date of his conviction or release from custody, petition the court in which the conviction was obtained for the sealing of all records relating to such conviction.
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after hearing the court finds that, in the 15 years preceding the filing of the petition if the conviction was for a felony, in the 10 years preceding the filing of the petition if the conviction was for a gross misdemeanor, or in the 5 years preceding the filing of the petition, if the conviction was for a misdemeanor, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of such conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
Sec. 3. 1. A person who has been arrested for alleged criminal conduct, where the charges were dismissed or such person was acquitted of the charge, may after 30 days from the date the charges were dismissed or from the date of the acquittal petition the court in and for the county where such arrest was made for the sealing of all records relating to the arrest.
κ1971 Statutes of Nevada, Page 956 (CHAPTER 489, AB 491)κ
or from the date of the acquittal petition the court in and for the county where such arrest was made for the sealing of all records relating to the arrest.
2. The court shall notify the district attorney of the county in which the arrest was made, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after hearing the court finds that there has been an acquittal or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.
Sec. 4. 1. A person whose petition is denied under sections 2 and 3 of this act may petition for a rehearing not sooner than 2 years after the denial of the previous petition.
2. No person may petition for more than two rehearings.
Sec. 5. Where the court orders the sealing of any record pursuant to sections 2 and 3 of this act, a copy of the order shall be sent to each public or private company, agency or official named in the order, and such organization or individual shall seal the records in its custody which relate to the matters contained in the order, shall advise the court of its compliance, and shall then seal the order.
Sec. 6. If the court orders the records sealed pursuant to sections 2 and 3 of this act, all proceedings recounted in the record are deemed never to have occurred, and such person may properly answer accordingly to any inquiry concerning the arrest, conviction or acquittal and the events and proceedings relating to the arrest, conviction or acquittal.
Sec. 7. 1. The person who is the subject of the records which are sealed pursuant to sections 2 and 3 of this act may petition the district court to permit inspection of the records by a person named in the petition, and the district court may order such inspection. Except as provided in subsection 2, the court may not order the inspection of the records under any other circumstances.
2. Where a person has been arrested and the charges dismissed and the records of such arrest have been sealed, the court may order the inspection of the record by the district attorney upon a showing that as a result of newly discovered evidence, such person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that such person will stand trial for the offense.
3. The court may, upon the application of a district attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
Sec. 8. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 957κ
Assembly Bill No. 812Committee on Government Affairs
CHAPTER 490
AN ACT confirming and ratifying the actions of the Pahranagat Valley T.V. District and the Alamo Power District in contracting for the improvement of television reception for the people they serve.
[Approved April 23, 1971]
Whereas, That Pahranagat Valley T.V. District and the Alamo Power District, general improvement districts in the State of Nevada, have entered into a transaction, whereby the Pahranagat Valley T.V. District, incurred certain obligations in its efforts to improve the reception and transmission of television signals for the people both districts serve; and
Whereas, The Pahranagat Valley T.V. District now is indebted to the Alamo Power District in the amount of $8,700 plus interest at the rate of 5 percent per annum on the unpaid balance; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 318.150 or any other law, the acts and proceedings heretofore taken by the Pahranagat Valley T.V. District and the Alamo Power District to improve the reception and transmission of television signals and the incurring of the obligation of $8,700, plus interest, are hereby validated, ratified, approved and confirmed, including but not limited to the proposed plan of payment by the Pahranagat Valley T.V. District. The county auditor and the county treasurer of Lincoln County are hereby authorized to use funds available to make the initial payment of $1,000 to the Alamo Power District.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 78Messrs. Hilbrecht, Bryan, May, Schofield, Mrs. Brookman, Messrs. Mello, Olsen, Frank Young, Wilson, Ronzone, Branch, Smalley, Poggione, Mrs. White, Messrs. Capurro, Lingenfelter, Misses Foote, Hawkins, Messrs. Lowman and Dreyer
CHAPTER 491
AN ACT relating to planning and zoning; requiring the state and its political subdivisions to comply with local zoning laws; providing exceptions; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.580 is hereby amended to read as follows:
278.580 1. The governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures and rules, ordinances and regulations for the enforcement of the building code.
κ1971 Statutes of Nevada, Page 958 (CHAPTER 491, AB 78)κ
2. The governing body may also fix a reasonable schedule of fees for the issuance of building permits. Schedules of fees so fixed shall not apply to the State of Nevada and its political subdivisions.
3. A city building code which has rules, regulations and specifications more stringent than the building code of the county within which such city is located shall supersede, with respect to the area within a 3-mile limit of the boundaries of such city, any provisions of such building code not consistent therewith.
4. None of the provisions of subsection 3 shall be applicable to farm or ranch buildings in existence on March 30, 1959.
5. Notwithstanding any other provision of law, the state and its political subdivisions must comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any facility existing on the effective date of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 507Mr. Valentine
CHAPTER 492
AN ACT relating to aid to dependent children; making the receipt of assistance in excess of that to which the recipient is entitled a gross misdemeanor when based on willful false statements, representation, impersonation or other fraudulent device; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.250 is hereby amended to read as follows:
425.250 1. [Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is entitled, and with the intent to defeat the purposes of this chapter, shall be guilty of a misdemeanor.] Any person who knowingly obtains, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance of the value of $100 or more to which he is not entitled or assistance of the value of $100 or more in excess of that to which he is entitled, and with intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, whenever a recipient of assistance under the provisions of this chapter receives an overpayment of benefits for the third time and such overpayments have resulted from a false statement or representation by such recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that such payment was fraudulently received.
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κ1971 Statutes of Nevada, Page 959κ
Assembly Bill No. 529Committee on Government Affairs
CHAPTER 493
AN ACT extending the time in which to file quarterly reports under the Local Government Budget Act; adding requirements for filing; and providing other matters properly relating thereto.
[Approved April 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.602 is hereby amended to read as follows:
354.602 Within [30] 45 days after September 30, December 31, March 31 and within 90 days after June 30 of each year, the governing board of each local government shall cause to be published a report in the form prescribed by the Nevada tax commission showing, for each item of detailed estimate required by NRS 354.600, the amount estimated and the amount actually received or expended. Any [emergency loan] approved budget augmentation or short-term financing received shall be included and briefly explained in a footnote. A copy of such report shall be filed immediately:
1. With the Nevada tax commission;
2. In the case of school districts, with the state department of education; [and]
3. In the case of those entities subject to jurisdiction of the public service commission of Nevada, with that agency; and
4. In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.
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Assembly Bill No. 220Messrs. Hilbrecht, Ashworth, Olsen, Mrs. Brookman, Messrs. Bryan, Schofield, Dreyer, Smalley, May, Branch, Glaser, Swackhamer, Prince, Misses Hawkins, Foote, Messrs. Mello and Valentine
CHAPTER 494
AN ACT providing for holding a special election in the State of Nevada on June 8, 1971, and for the submission at such special election to the people of the State of Nevada a proposed amendment to section 1 of article 2 of the constitution of the State of Nevada to reduce the minimum voting age to 18 years; imposing certain duties on the secretary of state, county clerks, county registrars of voters, boards of county commissioners and other officers; providing the details of such special election; making appropriations for the payment of such special election and other necessary expenses; making certain acts unlawful and providing penalties therefor; and providing other matters properly relating thereto.
[Approved April 23, 1971]
Whereas, Assembly Joint Resolution No. 8 of the 55th session of the legislature of the State of Nevada, proposing to amend section 1 of article 2 of the constitution of the State of Nevada by reducing the minimum voting age, was agreed to by a majority of all the members elected to each of the two houses of the legislature at the 55th session of the legislature and such proposed amendment was entered on their respective journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and was published for 3 months next preceding the time of making such choice in the Statutes of Nevada 1969, at page 1685; and
κ1971 Statutes of Nevada, Page 960 (CHAPTER 494, AB 220)κ
and such proposed amendment was entered on their respective journals, with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and was published for 3 months next preceding the time of making such choice in the Statutes of Nevada 1969, at page 1685; and
Whereas, In the 56th session of the legislature of the State of Nevada, the legislature next chosen as provided in section 1 of article 16 of the constitution of the State of Nevada, such proposed amendment was agreed to by a majority of all the members elected to each house; and
Whereas, It is now the duty of the legislature to submit such proposed amendment to the people, in such manner and at such time as the legislature prescribes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A special election shall be held in the State of Nevada on Tuesday, June 8, 1971, for the purpose of submitting to the registered voters of the state a proposed amendment to section 1 of article 2 of the constitution of the State of Nevada to reduce the minimum voting age to 18 years.
Sec. 2. Not less than 35 days before the date of the election, the secretary of state shall issue or cause to be issued under the great seal of the State of Nevada a proclamation giving notice of the special election, which proclamation shall be in substantially the following form:
SPECIAL ELECTION PROCLAMATION
Notice is hereby given that on Tuesday, June 8, 1971, at the voting place of each precinct and voting district in the State of Nevada a special election will be held for the adoption or rejection by the registered voters of the state of the following proposed amendment of section 1 of article 2 of the constitution of the State of Nevada:
Section 1. All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of [twenty-one] eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no idiot or insane person shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.