[Rev. 2/28/2019 11:47:42 AM]
LAWS OF THE STATE OF NEVADA
κ1973 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FIFTY-SEVENTH SESSION OF THE LEGISLATURE
1973
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Senate Bill No. 1Senator Lamb
CHAPTER 1
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved January 17, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 32Committee on Legislative Functions
CHAPTER 2
AN ACT relating to officers and employees of the legislature; providing for number of employees of the senate to be determined by senate legislative functions committee.
[Approved January 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.130 is hereby amended to read as follows:
218.130 [The officers and employees of the senate shall not exceed 22 in number.] The number of officers and employees of the senate shall be determined by each session of the senate as recommended by the senate committee on legislative functions.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 2κ
Senate Bill No. 8Committee on Judiciary
CHAPTER 3
AN ACT to amend NRS 220.165, relating to the purchase by legislators of the Nevada Revised Statutes, by designating the legislative counsel bureau as the agency to receive payment for the set.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 220.165 is hereby amended to read as follows:
220.165 The legislative counsel shall provide:
1. A complete set of Nevada Revised Statutes (excluding the annotations thereto and the digest of cases) to each person who is on July 1, 1967, or who becomes after such date a member of the legislature upon payment by the member of the legislature to the [secretary of state] legislative counsel bureau of the sum of $50; and
2. Sets of replacement or supplementary pages, as issued, without charge, to each legislator during his term or terms of office if the legislator has acquired a set of Nevada Revised Statutes pursuant to subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 9Committee on Judiciary
CHAPTER 4
AN ACT to amend an act entitled An Act relating to elections; adopting extensive provisions relating to voting machines; providing a penalty; and providing other matters properly relating thereto, approved April 29, 1971.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 39 of the above-entitled act, being chapter 634, Statutes of Nevada 1971, at page 1478, is hereby amended to read as follows:
Section 39. The board of county commissioners of any county or city council or other governing body of any city may adopt for use at elections any kind of voting machine approved by the [commission] secretary of state or the use of which has been specifically authorized by law. The voting machine may be used at any or all elections held in such county or city, for voting, registering and counting votes cast.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 3κ
Senate Bill No. 11Committee on Judiciary
CHAPTER 5
AN ACT to amend NRS 345.050, relating to publications sold by the secretary of state, by deleting reference to Nevada Revised Statutes, annotations thereto and the Nevada Digest.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 345.050 is hereby amended to read as follows:
345.050 1. The secretary of state is authorized to sell the following publications at the prices herein provided:
(a) Nevada Reports.
For each volume...................................................................................... $10.00
(b) Statutes of Nevada.
For each volume up to and including Statutes of Nevada 1928-1929 ...................................................................................................... 1.00
For each volume published after Statutes of Nevada 1928-1929............ 10.00
For each volume of special session laws................................................... .50
(c) Compilation of laws.
Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes), for each set......................................................................................... 2.00
General Statutes Nevada 1885 (1861-1885), by Baily & Hammond, for each volume................................................................................................ 1.00
Compiled Laws of Nevada 1861-1900, by Cutting, for each volume 1.00
Revised Laws of Nevada 1912, Volumes I and II (two volumes), for each set ...................................................................................................... 3.00
Revised Laws of Nevada 1919, Volume III, for each volume............ 1.50
[Nevada Revised Statutes, including replacement and supplementary pages, at the prices set by the legislative commission.]
(d) Miscellaneous publications.
Nevada Constitutional Debates & Proceedings 1864, for each volume ...................................................................................................... 1.00
Nevada and Sawyers Digest 1878, for each volume......................... .50
Nevada Digest Annotated (1912), by Patrick, for each volume....... 1.50
[Annotations to Nevada Revised Statutes and the Nevada Digest, including replacement and supplementary pages, at the prices set by the legislative commission.]
Journals of the assembly or senate, for each volume........................ 5.00
Appendices to journals of senate and assembly, when bound separately, for each volume....................................................................................... 5.00
2. When the Statutes of Nevada for any year are published in a set of two or more volumes, the price per set shall be $15.
κ1973 Statutes of Nevada, Page 4 (CHAPTER 5, SB 13)κ
3. No volume shall be sold or delivered until the purchase price therefor is first received.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 13Committee on Judiciary
CHAPTER 6
AN ACT to amend NRS 381.260, relating to the authority of the governor to accept a deed to the site of the Lost City museum, by correcting the description of the real property comprising the site.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 381.260 is hereby amended to read as follows:
381.260 1. The governor is authorized to accept that certain deed made by Robert E. Lee of Overton, Clark County, Nevada, and recorded on April 1, 1953, in the office of the county recorder of Clark County, Nevada, conveying to the State of Nevada, for a state museum and state park only, the following-described real property upon which the Lost City museum is built:
That portion of the SE1/4 of the NE1/4 of section 24, T. 16 S., R. 67 E., M.D.B. & M., more particularly described as follows: Beginning at a point, the intersection of the north line of [the] said SE1/4 of the NE1/4 of section 24 and the southwesterly right-of-way line of the St. Thomas Branch of the L.A. & S.L. Ry. Co., from whence the northeast corner of [the] said SE1/4 of the NE1/4 of section 24 bears N. 89Ί59ʹ E. 847 feet; thence S. 89Ί59ʹ W., 489 feet along the north line of [the] said SE1/4 of the NE1/4 of section 24 to the northwest corner of [the] said SE1/4 of the NE1/4 of section 24; thence S. 00Ί43ʹ E., 240 feet along the west line of [the] said SE1/4 of the NE1/4 of section 24 to a point; thence S. 87Ί05ʹ E., [291.2] 391.2 feet to a point; thence S. 74Ί35ʹ E., 143.5 feet to a point; thence N. [68Ί 00ʹ W., 308.7 feet along the right-of-way line to the place of beginning] 68Ί53ʹ E. 161.7 feet to a point; thence N. 39Ί00ʹ W. 308.7 feet along said right of way line to the place of beginning, and containing 3.534 acres, more or less.
2. The governor, for and on behalf of the State of Nevada, shall file a notice of acceptance of the deed to the property upon which the Lost City museum is built with the county recorder of Clark County, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 5κ
Senate Bill No. 17Committee on Judiciary
CHAPTER 7
AN ACT to amend an act entitled An Act relating to insurance and the insurance business; enacting the Nevada Insurance Code, which, among other things, defines words and terms; provides powers and duties of the commissioner of insurance; imposes fees and taxes; regulates agents, brokers, solicitors, adjusters, motor vehicle physical damage appraisers, analysts, bail bondsmen, motor clubs, nonprofit hospital and medical and dental service corporations, fraternal benefit societies, reciprocal insurers and rates and rate service organizations; authorizes insurers and restricts unauthorized insurers; provides for the disposition of unclaimed funds of life insurers; specifies the kinds of insurance and the limits of risk; provides for reinsurance and surplus lines; regulates casualty, health, property, surety, title and life insurance and annuity contracts; provides for the formation, capitalization and financing of domestic stock and mutual insurers, their assets, liabilities, investments, deposits and powers; regulates and prohibits certain trade practices, fraud and insider trading of equity securities; provides for continuity of management of insurers during emergencies and the conservation, rehabilitation and liquidation of delinquent insurers; and provides penalties; repealing chapters 679 to 688, inclusive, and chapters 690 to 696, inclusive, of NRS, relating to insurance and the insurance business; and providing other matters properly relating thereto, approved May 5, 1971, as amended.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 904.5 of the above-entitled act, being chapter 660, Statutes of Nevada 1971, at page 1923, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 20Committee on Judiciary
CHAPTER 8
AN ACT to amend NRS 484.644, relating to pollution control devices, by substituting the word commission for board to properly set forth the name of the state commission of environmental protection.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.644 is hereby amended to read as follows:
484.644 No person shall operate or leave standing on any highway any motor vehicle which is required by federal regulation to be equipped with a motor vehicle pollution control device unless such device is correctly installed and in operation condition. No person shall disconnect, alter or modify any such required device. The provisions of this section shall not apply to an alteration or modification found by the state [board] commission of environmental protection not to reduce the effectiveness of any required motor vehicle pollution control device.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 6κ
Senate Bill No. 21Committee on Judiciary
CHAPTER 9
AN ACT to amend NRS 47.140, relating to matters of law subject to judicial notice, by adding municipal codes adopted and filed by any incorporated city pursuant to NRS 268.014.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 47.140 is hereby amended to read as follows:
47.140 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, 268.014, 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. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 22Committee on Judiciary
CHAPTER 10
AN ACT relating to criminal jurisdiction over Indians; repealing NRS 194.030 declared void by the Supreme Court of the State of Nevada in Davis v. Warden, 88 Nev. ....., 498 P.2d 1346 (1972 Adv. Op. 118) as having been enacted prior to consent by the United States to state assumption of jurisdiction.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 194.030 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 7κ
Senate Bill No. 25Committee on Judiciary
CHAPTER 11
AN ACT relating to cemeteries; repealing obsolete transitory provisions for expiration of licenses for issuance of prepaid cemetery merchandise and service contracts and for transfer of maintenance fund moneys to the endowment care fund.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 452.620 and 452.630 are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 41Committee on Judiciary
CHAPTER 12
AN ACT relating to intoxicating liquor and controlled substances; clarifying ambiguous language in provisions prohibiting contact between state hospital employees under the influence and patients, and the operation of watersports equipment and aircraft while under the influence; and providing other matters properly relating thereto.
[Approved February 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 433.630 is hereby amended to read as follows:
433.630 1. Any person or employee of the hospital or mental health center is guilty of a misdemeanor who:
(a) Willfully abuses a patient of the hospital or mental health center; or
(b) Brings intoxicating beverages or a controlled substance as defined in chapter 453 of NRS into buildings occupied by patients unless specifically authorized or ordered to do so by the superintendent, chief or a staff physician; or
(c) [Is under the influence of liquor or a controlled substance as defined in chapter 453 of NRS, in accordance with a prescription issued to such person by a physician, podiatrist or dentist, while employed in contact with patients; or] Is under the influence of liquor, or a controlled substance as defined in chapter 453 of NRS, while employed in contact with patients, unless in accordance with a prescription issued to such person by a physician, podiatrist or dentist; or
(d) Enters into any transaction with a committed patient involving the transfer of money or property for personal use or gain at the expense of such committed patient; or
(e) Contrives the escape, elopement, or absence of a patient.
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
κ1973 Statutes of Nevada, Page 8 (CHAPTER 12, SB 41)κ
shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 2. NRS 488.205 is hereby amended to read as follows:
488.205 1. No person may operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
2. No person may operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any controlled substance as defined in chapter 453 of NRS, unless in accordance with a prescription issued to such person by a physician, podiatrist or dentist.
Sec. 3. NRS 493.130 is hereby amended to read as follows:
493.130 Any person operating an aircraft in the air, or on the ground or water, while under the influence of intoxicating liquor [,] or a controlled substance as defined in chapter 453 of NRS, unless in accordance with a prescription issued to such person by a physician, podiatrist or dentist, or operating an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another shall be guilty of a gross misdemeanor.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 26Committee on Judiciary
CHAPTER 13
AN ACT to amend NRS 253.050, relating to compensation of public administrators, by permitting the district attorney of Lander County to retain fees received while serving as public administrator.
[Approved February 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administration of the estates of deceased persons, public administrators shall be paid as other administrators or executors are paid. The district attorneys of Lander, Lincoln and White Pine counties as ex officio public administrators and the recorder of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.
2. The public administrator may be compensated by the court for services performed in preserving the personal property of an estate of a deceased person prior to the appointment of an administrator.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 9κ
Senate Bill No. 18Committee on Judiciary
CHAPTER 14
AN ACT to amend NRS 683A.240, relating to names appearing on insurance licenses, by deleting typographical error referring to unincorporated applicant and substituting incorporated.
[Approved February 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 683A.240 is hereby amended to read as follows:
683A.240 1. Every unincorporated licensee or unincorporated applicant for a license under this chapter who desires the issuance of license under a fictitious name shall file with the commissioner a certified copy of the entry of the county clerk and of the affidavit made under chapter 602 of NRS; and every incorporated licensee and [unincorporated] incorporated applicant shall file with the commissioner in writing the corporations true name and also all fictitious names under which it conducts or intends to conduct business. After licensing, every such licensee shall file promptly with the commissioner written notice of any change in or discontinuance of any such name.
2. The commissioner may in writing disapprove the use of any true name (other than the bona fide natural name of an individual applicant or licensee) or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:
(a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee;
(b) Use of the name may mislead the public in any respect;
(c) The name states or implies that the licensee or applicant is an insurer, motor club, hospital service plan or is entitled to engage in insurance activities not permitted under licenses held or applied for;
(d) The name states or implies that the licensee is an underwriter. This paragraph shall not prevent an individual life agent licensee or an individual life insurance broker licensee from describing himself as an underwriter, or from using the designation chartered life underwriter if entitled thereto, or prevent a natural person who is property and casualty licensee from using the designation chartered property and casualty underwriter if entitled thereto, or prevent an insurance agent or broker trade association from using a name containing underwriter; or
(e) The licensee has already filed and not discontinued use of more than two names, including the true name. This paragraph shall not prevent a licensee who has lawfully purchased or succeeded to the business of other licensees from using for each such business not more than two additional names, true or fictitious, consisting of names used by his predecessors in the conduct of such businesses.
3. A licensee shall not use a name after written notice from the commissioner that such use is contrary to this section. If the commissioner determines that such is justified by mitigating circumstances, he may in writing permit use of the name to continue for a specified reasonable period upon conditions imposed by him for the protection of the public consistent with the purposes of this section.
κ1973 Statutes of Nevada, Page 10 (CHAPTER 14, SB 18)κ
4. Paragraphs (a), (c) and (d) of subsection 2 do not apply to the true name of any organization licensee which on July 1, 1965, held under such name any type of license similar to those provided for under this chapter, or to any fictitious name in use on July 1, 1965, by any individual or organization holding any type of license similar to those provided for under this chapter, if such fictitious name was filed with the commissioner on or before July 1, 1965.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 16Committee on Judiciary
CHAPTER 15
AN ACT to amend NRS 450A.030, relating to the definition of license for ambulance drivers and attendants, by deleting obsolete references to air ambulance pilots and attendants and school bus drivers.
[Approved February 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450A.030 is hereby amended to read as follows:
450A.030 License means the license issued by the health division to ambulance drivers and attendants, [air ambulance pilots and attendants and school bus drivers,] certifying them in advanced first aid as provided by this chapter.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 15Committee on Judiciary
CHAPTER 16
AN ACT to amend NRS 436.290, relating to reimbursement for expenses for mental health services, by deleting reference to declaration of intention by a physician to become a citizen of the United States as affecting reimbursability and substituting the term lawful permanent resident.
[Approved February 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 436.290 is hereby amended to read as follows:
436.290 1. Expenditures subject to reimbursement include:
(a) Expenditures for the items specified in NRS 436.240;
(b) Salaries of personnel;
(c) Approved facilities and services provided through contract;
(d) Operation, maintenance and service costs;
κ1973 Statutes of Nevada, Page 11 (CHAPTER 16, SB 15)κ
(e) Such other expenditures as may be approved by the administrator.
2. Reimbursement may not be made for:
(a) Expenditures for capital improvements;
(b) The purchase or construction of buildings;
(c) Compensation to members of a local mental health advisory board or a board of directors of a community mental health center, except for actual and necessary expenses incurred in the performance of official duties;
(d) Expenditures for treatment services furnished to patients who are able to obtain private care;
(e) Expenditures for a purpose for which state reimbursement is claimed under any other provision of law;
(f) Expenditures incurred for court procedures under this or any other provision of law; or
(g) The cost of confinement of any person in excess of 90 days in any 1 calendar year.
3. Reimbursement may not be made to any county or counties which employ a physician in the local mental health service who [has not declared his intention of becoming a citizen] is not a lawful permanent resident of the United States.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 10Committee on Judiciary
CHAPTER 17
AN ACT to amend NRS 344.080, relating to employees of the department of state printing, by deleting language incorrectly setting the salary of the chief assistant to the superintendent of the department.
[Approved February 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall he employ more compositors, machine operators, pressmen and assistants than the necessities of the department may require.
2. The compensation of such compositors, machine operators, pressmen and assistants shall be fixed by the personnel division of the department of administration, but at no time shall such employees receive a higher rate of wages than is recognized by the employing printers of the State of Nevada or than the nature of the employment may require.
3. All clerical employees and such other persons as are employed for work not directly related to the printing crafts shall be in the classified service of the state. The chief assistant shall be in the classified service of the state and shall receive a salary fixed by the personnel division of the department of administration.
κ1973 Statutes of Nevada, Page 12 (CHAPTER 17, SB 10)κ
of the state and shall receive a salary fixed by the personnel division of the department of administration. [in an amount determined pursuant to the provisions of NRS 284.182.]
4. On the first business day after the 1st and 15th days of each month the superintendent shall submit to the state board of examiners a statement of the salary or wages due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 44Committee on Federal, State and Local Governments
CHAPTER 18
AN ACT to amend NRS 266.775, relating to disincorporation of cities, by withdrawing applicability of the section to cities created by special law.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 266.775 is hereby amended to read as follows:
266.775 1. Whenever one-fourth of the registered voters of any city now existing or hereafter created [, whether by general or special law,] by general law shall petition the district court in and for the county wherein such corporation is situated for the disincorporation of the city, the district court shall cause to be published, for at least 30 days, a notice stating the question of disincorporating such corporation will be submitted to the registered voters of the same at the next municipal election, or at a special election as the petition shall request, and the form of the ballot shall be For Disincorporation or Against Disincorporation. Not more than one of such elections shall be held in 2 years.
2. In the event that a special election is requested in the petition, the district court shall set the date of the special election not less than 45 nor more than 60 days from the date of the first publication of notice.
3. The registered voters provided for in this section shall be determined from the registration lists as taken from the office of the county clerk for all precincts in the city at the last general election held in the county.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 13κ
Senate Bill No. 43Committee on Federal, State and Local Governments
CHAPTER 19
AN ACT relating to short-term financing by local governments; deleting obsolete references to temporary or emergency loans and substituting short-term financing; deleting the term emergency as a requirement to obtain short-term financing; and providing other matters properly relating thereto.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.118 is hereby amended to read as follows:
318.118 1. In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, the board shall have the power:
(a) To take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica either in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from such territory migrate or are caused to be carried into the district;
(b) Subject to the paramount control of any county or city in which the district has jurisdiction, to abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica either in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from such territory migrate or are caused to be carried into the district;
(c) If necessary or proper, in the furtherance of the objects of this chapter, to build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and to acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property or material necessary for any of those purposes;
(d) To make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;
(e) To enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica exist upon such lands;
(f) To abate public nuisances in accordance with this chapter;
(g) To ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon such lands;
(h) To treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon such lands; and
(i) To sell or lease any land, rights-of-way, easements, property or material acquired by the district; and to sell real property pursuant to this subsection to the highest bidder at public auction after 5 days notice given by publication.
κ1973 Statutes of Nevada, Page 14 (CHAPTER 19, SB 43)κ
subsection to the highest bidder at public auction after 5 days notice given by publication.
2. In connection with the basic power stated in this section, the district shall have the power:
(a) To levy annually a general (ad valorem) property tax of not exceeding:
(1) Fifteen cents on each $100 of assessed valuation of taxable property; or
(2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.
(b) To levy a tax in addition to a tax authorized in paragraph (a), if such additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to 6, inclusive.
3. The proceeds of any tax levied pursuant to the provisions of this section shall be used for the purposes pertaining to the basic purpose stated in this section, including without limitation the establishment and maintenance of:
(a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and
(b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.
4. Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of funds required during an ensuing fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:
(a) Call an election to submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional funds;
(b) Provide the form of the ballot for the election, which ballot shall contain the words Shall the district vote a tax to raise the additional sum of ..? or words equivalent thereto;
(c) Provide the form of the notice of the election and provide for such notice to be given by publication; and
(d) Arrange other details in connection with the election.
5. Except as otherwise provided in this chapter:
(a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;
(b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and
(c) The board shall canvass the returns of the election at any regular or special meeting held within 5 days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.
κ1973 Statutes of Nevada, Page 15 (CHAPTER 19, SB 43)κ
or at such later time as the returns are available for canvass, and shall declare the results of the election.
6. If a majority of the qualified electors of the district who voted on any proposition authorizing such additional tax voted in favor of such proposition, and the board so declares the result of the election:
(a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount shall be prorated for each county by the district board in the same way that the districts original total estimate of funds is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and
(b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.
7. The district shall not have the power in connection with the basic power stated in subsection 1:
(a) To borrow money except for [temporary loans] short-term financing pursuant to chapter 354 of NRS;
(b) To levy special assessments; nor
(c) To fix any rates, fees or other charges except as otherwise provided in this section.
8. The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such abatement and notice thereof by mail addressed to the last-known owner or owners of record at his or their last-known address or addresses, as ascertained from any source the board deems reliable, or in the absence of such abatement within a reasonable period of time fixed by the board, to cause the district to abate such nuisance, as follows:
(a) At the hearing the district board shall redetermine whether or not the owner shall abate the nuisance and prevent its recurrence, and shall specify a time within which the work shall be completed;
(b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;
(c) The cost of abatement shall be repaid to the district by the owner;
(d) All sums expended by the district in abating a nuisance or preventing its recurrence are a lien upon the property on which the nuisance is abated or its recurrence prevented;
(e) Notice of the lien shall be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;
(f) An action to foreclose the lien shall be commenced within 6 months after the filing and recording of the notice of lien;
(g) The action shall be brought by the district board in the name of the district;
κ1973 Statutes of Nevada, Page 16 (CHAPTER 19, SB 43)κ
(h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure shall be paid to the district; and the surplus, if any, shall be paid to the owner of the property if known, and if not known, shall be paid into the court in which the lien was foreclosed for the use of the owner when ascertained; and
(i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation; but the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property under this chapter upon presentation by the district board of a verified claim or bill.
Sec. 2. NRS 354.618 is hereby amended to read as follows:
354.618 1. In case of great necessity, [or emergency,] the governing body of any local government, by unanimous vote, by resolution reciting the character of the necessity, may authorize short-term financing for the purpose of meeting such necessity.
2. Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity shall be a proper charge against its general fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice shall be made not less than 10 days previous to the date fixed in the resolution for action thereon.
Sec. 3. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance is empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, to local governments situated within the boundaries of the State of Nevada. Such loans shall be made only to local governments that have observed the regulations and followed the procedure for obtaining [emergency loans] short-term financing set forth in chapter 354 of NRS. Such loans shall be made for a period of not longer than 5 years and shall bear interest at the rate of not to exceed 8 percent per annum.
2. In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
Sec. 4. NRS 355.140 is hereby amended to read as follows:
355.140 Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the funds of this state, and of its various departments, institutions and agencies, and of the state insurance fund:
1. Bonds and certificates of the United States;
2. Bonds of federal agencies where underwritten by or payment is guaranteed by the United States;
κ1973 Statutes of Nevada, Page 17 (CHAPTER 19, SB 43)κ
3. Obligations of the United States Postal Service or the Federal National Mortgage Association whether or not guaranteed by the United States;
4. Bonds of this state or other states of the Union;
5. Bonds of any county of the State of Nevada or of other states;
6. Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
7. General obligation bonds of irrigation districts and drainage districts in the State of Nevada which are liens upon the property within such districts, when the value of such property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts;
8. Bonds of school districts within the State of Nevada;
9. Bonds of any general improvement district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;
10. [Temporary or emergency loans to] Short-term financing for counties, cities and school districts authorized under the provisions of chapter 354 of NRS at an interest rate not to exceed 8 percent per annum;
11. Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and
12. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;
except such funds or moneys the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such funds or moneys thereof as have been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof.
κ1973 Statutes of Nevada, Page 18 (CHAPTER 19, SB 43)κ
Sec. 5. NRS 387.305 is hereby amended to read as follows:
387.305 [Temporary loans] Short-term financing for the purpose of meeting a great necessity [or emergency] may be authorized by the board of trustees of a school district in the manner provided in chapter 354 of NRS.
Sec. 6. NRS 474.170 is hereby amended to read as follows:
474.170 The board of directors shall have the powers and duties with respect to [temporary emergency loans] short-term financing provided in chapter 354 of NRS.
Sec. 7. NRS 540.590 is hereby amended to read as follows:
540.590 A debt or liability incurred in excess of the provisions of this chapter shall be absolutely void, except:
1. That for the purpose of organization or for the purpose of this chapter the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding 8 percent per annum.
2. In any case where money has been theretofore loaned to the district and actually expended by the board of supervisors for the benefit of the district.
3. That in cases of great necessity [or emergency] the board of supervisors may apply to the state board of finance as provided in chapter 354 of NRS for permission to [make a temporary loan] obtain short-term financing to meet such necessity, [or emergency,] and the state board of finance may give its permission as therein provided. The limit of the loan for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.
Sec. 8. NRS 547.090 is hereby amended to read as follows:
547.090 An agricultural association may:
1. Contract and be contracted with.
2. Sue and be sued.
3. Have and use a common seal.
4. Purchase, hold and lease real property, with such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property shall be used by the agricultural association for the purpose of holding exhibitions of horses, cattle and other livestock, and of the agricultural, horticultural, viticultural, mechanical, manufacturing and domestic products of the district, with a view to the improvement of all of the industries in the agricultural district.
5. [Make temporary emergency loans] Obtain short-term financing as provided in chapter 354 of NRS for local governments other than counties.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 19κ
Senate Bill No. 40Committee on Judiciary
CHAPTER 20
AN ACT relating to the Nevada bureau of mines and geology; amending various provisions to reflect the correct name of the bureau by adding and geology to bureau of mines.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 512.105 is hereby amended to read as follows:
512.105 1. The mining safety advisory board, consisting of seven members, is hereby created.
2. The members shall be appointed by the governor to serve for terms of 4 years or until their respective successors are appointed. Three members shall represent the mining industry; three members shall be nonsupervisory production or maintenance employees in the mining industry; and one member, who shall be the chairman, shall represent the public and be a responsible officer of the bureau of mines and geology of the State of Nevada.
3. The first board appointed shall consist of seven members, appointed three for 2 years and four for 4 years, and thereafter all members shall be appointed for the full 4-year term, except that any vacancy caused by the death or resignation of any member shall be filled for the balance of the unexpired term. No more than two members, one member representing the mining industry and one nonsupervisory production or maintenance employee member, shall be appointed at one time from any one category of the mining industry based on products mined.
4. The inspector of mines shall be an ex officio member of the board.
5. Members shall receive no compensation for their services but shall be entitled to receive their traveling expenses and subsistence allowances in the transaction of public business in the amounts authorized by law for other state officers. Claims for such traveling expenses and subsistence allowances shall be approved by the inspector of mines and paid from appropriations made to the office of the inspector of mines.
6. The duties of the board are to formulate and propose to the inspector of mines rules and regulations, and modifications, amendments or repeal thereof, for the prevention of accidents in the mining industry.
7. The adoption of such rules and regulations, or their modification, amendment or repeal, shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.
Sec. 2. NRS 513.100 is hereby amended to read as follows:
513.100 The advisory mining board shall, as its objects and purposes:
1. Study ways and means of furthering the mining industry of the state, particularly in regard to small operations and in prospecting.
2. Study ways and means of further exploring and developing the oil and gas industry of the state.
3. Report the results of such studies to the governor and to the United States Senators and Representative in Congress from this state in all instances where the board deems such action appropriate.
κ1973 Statutes of Nevada, Page 20 (CHAPTER 20, SB 40)κ
United States Senators and Representative in Congress from this state in all instances where the board deems such action appropriate.
4. Report its recommendations for legislation deemed necessary to further the mining industry of the state.
5. Call upon the state bureau of mines and geology and the state analytical laboratory for their assistance and to cooperate with them in furthering the objects and purposes of this chapter.
Sec. 3. NRS 522.030 is hereby amended to read as follows:
522.030 1. There is hereby created the Nevada oil and gas conservation commission to be composed of the state engineer, the director of the Nevada bureau of mines and geology and one lay member of the public to be appointed by, and serve at the pleasure of, the governor. No salary or compensation shall be paid any member of the commission for his services as a member thereof, but the actual and necessary expenses of the members of the commission incurred or expended in the performance of the duties imposed on the commission, shall be paid out of the oil conservation fund hereinafter created. The term of office of the state engineer and the director of the Nevada bureau of mines and geology shall be concurrent with the office held by him. The commission shall organize by electing a chairman from its membership, and shall appoint a secretary. Two members of the commission shall constitute a quorum for all purposes. Two affirmative votes shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission. The commission shall adopt a seal and such seal affixed to any paper signed by the secretary of the commission shall be prima facie evidence of the due execution thereof. Any member or employee of the commission shall have power to administer oaths to witnesses in any hearing, investigation or proceeding contemplated by this chapter, or by any other law of this state relating to oil and gas.
2. The commission may at any time, when it finds that the public interest will be served thereby, hire such other employees as are found to be necessary to assist the commission in the discharge of its respective duties. All employees or assistants authorized by this chapter shall be paid their necessary traveling and living expenses when traveling on official business at such rates and within such limits as may be fixed by the commission subject to existing law.
3. The attorney general shall be the attorney for the commission. The commission may, however, in cases of emergency or in special cases, from any funds available to it, retain additional counsel to assist the attorney general.
4. Until such time as oil or gas is produced and marketed in commercial quantities in this state, the director of the Nevada bureau of mines and geology shall serve without pay as the director of the Nevada oil and gas conservation commission.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 21κ
Senate Bill No. 39Committee on Judiciary
CHAPTER 21
AN ACT relating to unemployment compensation; repealing obsolete section concerning extended benefits; adjusting internal references; and providing other matters properly relating thereto.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to [612.3778,] 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which:
(a) Begins with the third week after whichever of the following weeks occurs first:
(1) A week for which there is a national on indicator; or
(2) A week for which there is a Nevada on indicator; and
(b) Ends with either of the following weeks, whichever occurs later:
(1) The third week after the first week for which there is both a national off indicator and a Nevada off indicator; or
(2) The 13th consecutive week of such period,
provided no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to Nevada; and provided, further, that no extended benefit period may become effective in Nevada prior to the 61st day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 and that, within the period beginning on such 61st day and ending on December 31, 1971, an extended benefit period may become effective and be terminated in Nevada solely by reason of a Nevada on and a Nevada off indicator, respectively.
2. There is a national on indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded 4.5 percent.
3. There is a national off indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 percent.
4. There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to [612.3788,] 612.3786, inclusive:
(a) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and
(b) Equaled or exceeded 4 percent.
κ1973 Statutes of Nevada, Page 22 (CHAPTER 21, SB 39)κ
5. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(b) Was less than 4 percent.
6. Rate of insured unemployment, for purposes of subsections 4 and 5, means the precentage derived by dividing:
(a) The average weekly number of individuals filing claims in this state for the weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the executive director on the basis of his reports to the Secretary of Labor; by
(b) The average monthly employment covered under this chapter as determined by the executive director and recorded in department records for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
7. Regular benefits means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
8. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to an individual under the provisions of NRS 612.377 to [612.3788,] 612.3786, inclusive, for the weeks of unemployment in his eligibility period.
9. Eligibility period of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
10. Exhaustee means an individual who, with respect to any week of unemployment in his eligibility period:
(a) Has received, prior to such week, all of the regular benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year that includes such week; provided, for the purposes of this paragraph, an individual shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(b) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C.
κ1973 Statutes of Nevada, Page 23 (CHAPTER 21, SB 39)κ
§ 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
11. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
Sec. 2. NRS 612.3772 is hereby amended to read as follows:
612.3772 Except when the result would be inconsistent with the other provisions of NRS 612.377 to [612.3788,] 612.3786, inclusive, as provided in the regulations of the executive director, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
Sec. 3. NRS 612.3788 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 36Committee on Judiciary
CHAPTER 22
AN ACT to amend NRS 21.090, relating to property exempt from execution, by adding punctuation and deleting a redundant term.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as herein otherwise specifically provided:
(a) Private libraries not to exceed $500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, appliances, furniture, home and yard equipment, not to exceed $1,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $1,500 in value, belonging to the judgment debtor to be selected by him.
(d) Professional libraries, office equipment, office [equipment and] supplies not to exceed $1,500 in value, and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $1,500 in value.
(e) The cabin or dwelling of a miner or prospector, not to exceed $500 in value; also, his cars, implements and appliances necessary for carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.
κ1973 Statutes of Nevada, Page 24 (CHAPTER 22, SB 36)κ
carrying on any mining operations not to exceed $500 in value; also, his mining claim actually worked by him, not exceeding $1,000 in value.
(f) One vehicle not exceeding $1,000 in gross value as established by the judgment debtor.
(g) Poultry not exceeding in value $75.
(h) For any pay period, 75 percent of the disposable earnings of a judgment debtor during such period, or the amount by which his disposable earnings for each week of such period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. The exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(i) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(j) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(k) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state.
(l) All moneys, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $500, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and immunities so accruing or growing out of such insurance that the $500 bears to the whole annual premium paid.
(m) The homestead as provided for by law.
(n) The dwelling of the judgment debtor occupied as a home for himself and family, not exceeding $10,000 in value, where the dwelling is situate upon lands not owned by him.
2. No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 25κ
Senate Bill No. 35Committee on Judiciary
CHAPTER 23
AN ACT to amend NRS 48.059, relating to admissibility of evidence of habit, by correcting a typographical error.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 48.059 is hereby amended to read as follows:
48.059 1. Evidence of the habit of a person [of] or 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. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 30Committee on Judiciary
CHAPTER 24
AN ACT relating to drug abuse; substituting controlled substance for narcotic drug in provisions for medical treatment of minor users and provision prohibiting users from transporting explosives; correcting typographical error; and providing other matters properly relating thereto.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 129.030 is hereby amended to read as follows:
129.030 1. Notwithstanding any other provision of law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical care to himself, and his consent shall not be subject to disaffirmance because of minority. For the purposes of this subsection only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained.
2. Notwithstanding any other provision of law, any minor who is under the influence of, or suspected of being under the influence of, a [narcotic drug] controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent, to the furnishing of hospital, medical or surgical care for the treatment of drug abuse or related illness by any public or private hospital or any licensed physician or surgeon and his consent shall not be subject to disaffirmance because of minority.
κ1973 Statutes of Nevada, Page 26 (CHAPTER 24, SB 30)κ
to the furnishing of hospital, medical or surgical care for the treatment of drug abuse or related illness by any public or private hospital or any licensed physician or surgeon and his consent shall not be subject to disaffirmance because of minority. Immunity from civil or criminal liability extends to any person providing such care, in the absence of negligence in such care.
3. The consent of the parent or parents or the legal guardian of any minor described in subsections 1 and 2 shall not be necessary in order to authorize such hospital, medical or surgical care.
Sec. 2. NRS 129.050 is hereby amended to read as follows:
129.050 1. Any physician or surgeon licensed in this state may treat any minor for drug abuse and related illnesses without the consent of the parent or parents or legal guardian of the minor, if such minor:
(a) Is under the influence of a [narcotic drug] controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug.
(b) States that he has been abusing [narcotic drugs] controlled substances as defined by chapter 453 of NRS, or dangerous or hallucinogenic drugs and requests treatment.
2. Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment. [Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment if the physician or surgeon determines that it would not interfere with rehabilitation of such minor.]
3. Immunity from civil or criminal liability extends to any such physician or surgeon rendering such treatment, in the absence of negligent diagnosis or treatment.
Sec. 3. NRS 202.760 is hereby amended to read as follows:
202.760 It is unlawful for any person:
1. Who is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; or
2. Who is a fugitive from justice; or
3. Who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug or [narcotic drug;] any controlled substance as defined by chapter 453 or NRS; or
4. Who has been judicially declared mentally ill or who has been committed to a hospital as mentally ill,
to ship or transport any explosive within the state, or to receive any explosive which has been shipped or transported within the state.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 27κ
Assembly Bill No. 12Mr. Dreyer
CHAPTER 25
AN ACT relating to registration for voting; eliminating the six month residency requirement for registration for voting; repeals provisions classifying new residents for presidential voting purposes; and providing other matters properly relating thereto.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.485 is hereby amended to read as follows:
293.485 1. [Except as provided in section 1 of article 2 of the constitution of the State of Nevada, every] Every citizen of the United States, 18 years of age or over, who has continuously resided in this state [6 months] and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding primary or general election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
2. This section shall not be construed to exclude the registration of eligible persons whose 18th birthday or the date of whose completion of the required residence occurs on or before the next succeeding primary, general or other election.
Sec. 2. NRS 298.090, 298.100, 298.110, 298.120, 298.130, 298.140, 298.150, 298.160, 298.170, 298.180, 298.190, 298.200, 298.210, 298.220, 298.230 and 298.240 are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 12Committee on Judiciary
CHAPTER 26
AN ACT to amend NRS 386.190, relating to an increase in the number of school trustees, by deleting reference to NRS 386.170 and substituting NRS 386.120 to provide an applicable procedure for the election of trustees subsequent to an increase.
[Approved February 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.190 is hereby amended to read as follows:
386.190 1. At the general election in 1958, if the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members based upon a previous pupil enrollment of less than 1,000, then one additional trustee who resides at the county seat shall be elected for a term of 4 years, and one additional trustee who resides in the county shall be elected for a term of 4 years.
κ1973 Statutes of Nevada, Page 28 (CHAPTER 26, SB 12)κ
2. Thereafter, while continued pupil enrollment in the county school district is 1,000 or more, the offices of school trustees shall be filled as provided in NRS [386.170.] 386.120.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 22Mr. Torvinen
CHAPTER 27
AN ACT relating to pensions; repealing NRS 245.220 to 245.340, inclusive, providing for the establishment of a county pension fund.
[Approved February 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.220, 245.230, 245.240, 245.250, 245.260, 245.270, 245.280, 245.290, 245.300, 245.310, 245.320, 245.330 and 245.340 are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 47Senator Pozzi
CHAPTER 28
AN ACT to amend NRS 381.120, by deleting the provision enabling the trustees of Nevada state museum to employ themselves in staff positions.
[Approved February 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 381.120 is hereby amended to read as follows:
381.120 1. The board of trustees may employ and fix the duties, powers and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
2. [The trustees may employ any of their members in a staff or other position.
3.] Except for the director and two assistants specified by the board of trustees, all employees of the Nevada state museum whose salaries are paid from the general fund appropriation shall be in the classified service of the state. The director shall receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182. The board of trustees may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.
[4.] 3. When any employee is required to perform any travel in
________
κ1973 Statutes of Nevada, Page 29 (CHAPTER 28, SB 47)κ
conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense in accordance with the provisions of NRS 281.160.
[5.] 4. The director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
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Assembly Bill No. 200Mr. Young
CHAPTER 29
AN ACT to amend the title of and to amend an act entitled, An Act making appropriations from the general fund, the fish and game fund and the state highway fund, all in the state treasury, for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the adjutant general, on behalf of the department of the military, to expend certain moneys; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto, approved April 26, 1971.
[Approved February 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 20 of the above-entitled act, being chapter 581, Statutes of Nevada 1971, at page 1261, is hereby amended to read as follows:
Section 20. 1. There is hereby appropriated from the fish and game fund in the state treasury for the support of the state planning board the sum of $69,700 for the construction of a district headquarters building for the Nevada department of fish and game in Elko County, Nevada.
2. The Nevada department of fish and game is hereby authorized to add to the appropriation set forth in subsection 1 the sum of $10,000 from the fish and game reserve fund as established by NRS 501.358. Such funds shall be made available for use by the state planning board as provided by section 25 of this act.
Sec. 2. The title of chapter 581, Statutes of Nevada 1971, at page 1260, is hereby amended to read as follows:
An Act making appropriations from the general fund, the fish and game fund and the state highway fund, all in the state treasury, for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the adjutant general, on behalf of the department of the military, to expend certain moneys; authorizing the department of fish and game to expend certain moneys; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 30κ
Senate Bill No. 65Committee on Health, Welfare and State Institutions
CHAPTER 30
AN ACT relating to certified copies of the entry of judgment of imprisonment; requiring an additional copy to be submitted to the warden of the Nevada state prison; and providing other matters properly relating thereto.
[Approved February 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.325 is hereby amended to read as follows:
176.325 When a judgment of imprisonment to be served in the state prison has been pronounced, [duplicate] triplicate certified copies of the entry thereof in the minutes, duly attested by the clerk under the seal of the court, shall forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when judgment of death is rendered.
Sec. 2. NRS 176.335 is hereby amended to read as follows:
176.335 1. If the judgment is for imprisonment in the state prison, the sheriff of the county must, on receipt of the [duplicate] triplicate certified copies thereof, immediately notify the warden of the state prison, and the warden of the state prison shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such authorized person [shall present] presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to such authorized person [one] two of the certified copies of the judgment, and take from such person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of such judgment, showing his proceedings thereunder, and both such copy with the return affixed thereto and the receipt from the authorized person shall be filed with the county clerk.
3. The term of imprisonment designated in the judgment shall begin on the date of sentence of the prisoner by the court.
4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the warden shall return one of his certified [copy] copies of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy shall be filed with the county clerk. The return shall show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.
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κ1973 Statutes of Nevada, Page 31κ
Senate Bill No. 27Committee on Judiciary
CHAPTER 31
AN ACT to amend NRS 243.340, relating to the boundaries of Washoe County, by deleting an obsolete reference to the description of the common boundary between Carson City and Washoe County and substituting the correct reference; and providing other matters properly relating thereto.
[Approved February 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Carson City, and running easterly along the northern boundary of Carson City to the summit of the mountains east of Washoe Lake; thence in a northerly course along the summit of the mountains to the lower end of the Big Meadows, on the Truckee River; thence down the Truckee River to its lower crossing; thence S. 53Ί06ʹ03ʺ E. to a point in the Immigrant Road further described as being a 1 1/4-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27Ί53ʹ57ʺ W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10, sections 2 and 11 and sections 1 and 12, T. 20 N., R. 24 E., and sections 6 and 7 and sections 5 and 8, T. 20 N., R. 25 E., M.D.B. & M., to its intersection with the northerly right-of-way line of Interstate Highway 80; thence N. 38Ί41ʹ41ʺ E., 1,665.47 feet to a point marked by a sandstone monument measuring 12 inches by 12 inches by 4 feet located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1, the common boundary line between Carson City and Washoe County is redefined on July 1, [1967] 1969, and such boundary line is hereby established as provided in [NRS 243.320.] section 1.030 of chapter 213, Statutes of Nevada 1969.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 32κ
Senate Bill No. 67Committee on Health, Welfare and State Institutions
CHAPTER 32
AN ACT to amend NRS 209.050, relating to divine services at the state prison, by removing certain limitations.
[Approved February 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.050 is hereby amended to read as follows:
209.050 The board shall:
1. Provide for the holding of divine [service] services in the state prison. [on each Sunday, and for that purpose may secure the services of one or more ministers of the gospel; but the expense thus incurred shall not exceed the sum of $520 per annum.]
2. [Furnish each convict with a copy of the Bible and such other books and papers as may be deemed for the] Make available to the prisoners copies of the Bible and other religious materials appropriate for the spiritual well-being of the prisoners.
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Senate Bill No. 92Senators Close, Dodge and Swobe
CHAPTER 33
AN ACT to amend NRS 176.065, relating to additional imprisonment to satisfy fines, by limiting the term of imprisonment.
[Approved February 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.065 is hereby amended to read as follows:
176.065 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 state prison or in the 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 [,] or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but his eligibility for parole is governed only by his sentence of imprisonment.
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κ1973 Statutes of Nevada, Page 33κ
Senate Bill No. 61Committee on Federal, State and Local Governments
CHAPTER 34
AN ACT relating to local government reapportionment; exempting Carson City and incorporated cities from the Local Government Reapportionment Law; providing periodic reapportionment for general law and certain charter cities; and providing other matters properly relating thereto.
[Approved February 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 237.025 is hereby amended to read as follows:
237.025 As used in this chapter, unless the context requires otherwise:
1. Assembly district means any district created pursuant to the legislative districting provisions of chapter 218 of NRS for the election of assemblymen.
2. Enumeration district means the series of geographical units in each county of the state, [and Carson City,] which have been created by the Bureau of the Census of the United States Department of Commerce and to each unit of which the Bureau of the Census has assigned a fixed population count, which, when added to the fixed population count of all other units in the series, produces the official population count of the county, [and Carson City,] giving recognition to the official population count of each township, as of April 1, 1970.
3. Local government unit means any unit of local government in the State of Nevada, including but not limited to counties, [incorporated cities and towns,] unincorporated towns, school districts, general improvement districts, local improvement districts, housing authorities, hospital districts, county hospitals and all other special districts. Local government unit shall not include Carson City, or any incorporated city.
4. Senatorial district means any district created pursuant to the legislative districting provisions of chapter 218 of NRS for the election of senators.
Sec. 2. NRS 237.035 is hereby amended to read as follows:
237.035 1. Except as otherwise specifically provided by law, the governing board of any local government unit, whose members are chosen by popular vote is hereby directed, by the enactment of an ordinance or the adoption of a resolution or order, to divide the geographical area it serves into the number of election districts which is identical with the number of members serving on such board. [Such division shall be accomplished prior to January 1, 1972.]
2. Such districts shall be single-member districts and shall be formed with reference to assembly districts insofar as practicable. All such districts created pursuant to the provisions of this subsection shall be of as nearly equal population as is practicable. [Municipal corporations whose charters provide for redistricting, or cities incorporated under general law, are hereby exempted from the requirements of this section.]
3. Nothing in this section shall be construed to direct or authorize any change in the number of members composing the governing body or board as such body or board is constituted on July 1, 1971.
κ1973 Statutes of Nevada, Page 34 (CHAPTER 34, SB 61)κ
4. The members of such bodies or boards covered by the provisions of this section, as constituted on July 1, 1971, shall continue to hold office for the terms for which they were elected.
Sec. 3. NRS 266.095 is hereby amended to read as follows:
266.095 1. Each incorporated city of the first class shall be divided into eight municipal wards. Each incorporated city of the second class shall be divided into five municipal wards. Each incorporated city of the third class shall be divided into three municipal wards.
2. The division of cities into wards shall, during the incorporation thereof, be made by the board of county commissioners. [, but the boundaries of the wards may be thereafter changed and prescribed by ordinance of the city council.] The wards shall as nearly as practicable be of equal population and in compact form.
3. Once established, the boundaries of wards shall be changed by ordinance of the city council whenever, as determined at the close of registration prior to each general state election, the number of registered voters in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
Sec. 4. Section 1.060 of Article I of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 293, is hereby amended to read as follows:
Section 1.060 Wards: Creation; boundaries.
1. Carson City shall be divided into four wards, which shall be as nearly equal in population as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least three-fifths of the board of supervisors. The boundaries of wards [may be changed whenever the number of electors registered at the time of any municipal election in any ward exceeds the number of electors registered in any other ward by more than 15 percent.] shall be changed whenever, as determined at the close of registration prior to each general state election, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent.
Sec. 5. Section 1.050 of Article I of the charter of the city of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 385, is hereby amended to read as follows:
Section 1.050 Wards: Creation; boundaries.
1. The city shall be divided into two wards, which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least three-fourths of the board of councilmen. The boundaries of wards shall be changed whenever, [the number of registered voters at the time of any municipal election in any ward exceeds the number of electors registered in any other ward by more than 15 percent.] as determined at the close of registration prior to each general state election, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent.
κ1973 Statutes of Nevada, Page 35 (CHAPTER 34, SB 61)κ
3. For the purpose of convenience of holding elections there shall be one voting precinct.
Sec. 6. Section 1.040 of Article I of the charter of the city of Henderson, being chapter 266, Statutes of Nevada 1971, at page 403, is hereby amended to read as follows:
Section 1.040 Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever, [the number of registered voters at the time of any municipal election in any ward exceeds the number of registered voters in any other ward by more than 20 percent, but the] as determined at the close of registration prior to each general state election, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent. The boundaries shall not be changed in any event between 30 days before the date fixed for filing of candidacy and the general municipal election.
Sec. 7. Section 1.040 of Article I of the charter of the city of Sparks, being chapter 545, Statutes of Nevada 1971, at page 1143, is hereby amended to read as follows:
Section 1.040 Wards: Creation; boundaries.
1. The city shall be divided into five wards, which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least three-fifths of the city council. The boundaries of wards shall be changed whenever, [the number of electors registered at the time of the last preceding general election in any ward exceeds the number of electors registered in any other ward by more than 25 percent.] as determined at the close of registration prior to each general state election, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent.
Sec. 8. This act shall become effective upon passage and approval.
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Assembly Bill No. 99Committee on Taxation
CHAPTER 35
AN ACT to amend NRS 377.050, relating to the city-county relief tax fund, by requiring the state controller to apportion the moneys therefrom; and providing other matters properly relating thereto.
[Approved February 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 377.050 is hereby amended to read as follows:
377.050 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances made payable to the Nevada tax commission.
κ1973 Statutes of Nevada, Page 36 (CHAPTER 35, AB 99)κ
amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances made payable to the Nevada tax commission.
2. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the city-county relief tax fund hereby created.
3. The state [treasurer] controller, acting upon the collection data furnished by the secretary of the tax commission, shall monthly:
(a) Transfer from the city-county relief tax fund 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the cost of collecting the tax for the counties.
(b) Determine for each county [treasurer] an amount of money equal to the sum of:
(1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and
(2) That proportion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
(c) Remit the amount [owed to] determined for each county in the following manner:
(1) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(2) If there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.
(3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.
4. The provisions of subsection 3 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the [state treasurer] state controller in the general fund.
5. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
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Assembly Bill No. 100Committee on Taxation
CHAPTER 36
AN ACT to amend NRS 365.535, relating to fuel taxes; correcting the formula used to determine the amount of fuel tax to be used for improvement of recreational facilities.
[Approved February 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 365.535 is hereby amended to read as follows:
365.535 1. By applying the formula contained in subsection 2, the legislature finds as a fact that of the total amount of excise taxes paid for the calendar year ending December 31, 1970, on all motor vehicle fuel sold, distributed or used in this state not less than $244,545 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes.
κ1973 Statutes of Nevada, Page 37 (CHAPTER 36, AB 100)κ
legislature finds as a fact that of the total amount of excise taxes paid for the calendar year ending December 31, 1970, on all motor vehicle fuel sold, distributed or used in this state not less than $244,545 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel so used during the calendar year ending December 31, 1970, and during each calendar year thereafter, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).
2. During the fiscal year commencing July 1, 1972, and annually thereafter the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes shall be determined by the tax commission by use of the following formula:
(a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat; and
(b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agriculture and resource economics, Max C. Fleischmann college or agriculture, University of Nevada, Reno; and
(c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the excise tax rates levied under the provisions of NRS 365.170 to 365.190, inclusive, less the percentage of such rate authorized to be deducted by the dealer pursuant to NRS 365.330.
3. The Nevada department of fish and game shall submit annually to the tax commission, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the tax commission, using such data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the apportionment and distribution ratio as defined in subsection 4, in writing, to the Nevada department of fish and game and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.
4. Beginning with the fiscal year commencing July 1, 1971, and in each fiscal year thereafter, the state treasurer shall, upon receipt of the tax moneys from the tax commission collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:
(a) Allocate 30 percent of the remittances and deposits made pursuant to subsections 1 and 2 to the Nevada department of fish and game for deposit and use as provided in subsection 2 of NRS 501.356. All moneys so received by the department shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of these funds declared by the Nevada department of fish and game to be in excess of their immediate requirements for these purposes may, in accordance with subsection 5 of NRS 501.181, be transferred to the credit of the division of state parks of the state department of conservation and natural resources for their use in accordance with the provisions of paragraph (b).
κ1973 Statutes of Nevada, Page 38 (CHAPTER 36, AB 100)κ
game to be in excess of their immediate requirements for these purposes may, in accordance with subsection 5 of NRS 501.181, be transferred to the credit of the division of state parks of the state department of conservation and natural resources for their use in accordance with the provisions of paragraph (b).
(b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources 70 percent of the remittances and deposits made pursuant to subsections 1 and 2. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
5. Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 4 may be made quarterly or oftener if convenient to the state treasurer.
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Assembly Bill No. 103Committee on Taxation
CHAPTER 37
AN ACT to amend NRS 482.225, relating to collection of taxes by correcting an improper internal reference.
[Approved February 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.225 is hereby amended to read as follows:
482.225 1. Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department shall notify the representative of the Nevada tax commission or the commissions agent of the owners or registrants intent to register such vehicle. The commissions representative or its agent shall determine and collect any use tax due, and shall remit the taxes he collects to the Nevada tax commission.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state and the representative or agent of the Nevada tax commission shall collect such tax and remit it to the Nevada tax commission.
3. Until notified by the Nevada tax commissions representative or its agent of payment of or exemption from the tax, the department shall refuse to register the vehicle.
4. In counties with a population of 100,000 or more, where the department has established branch offices, space shall be provided by the department for a representative of the Nevada tax commission, who shall determine and collect the use tax on vehicles as provided in subsections 1 and 2.
κ1973 Statutes of Nevada, Page 39 (CHAPTER 37, AB 103)κ
department for a representative of the Nevada tax commission, who shall determine and collect the use tax on vehicles as provided in subsections 1 and 2. In any county with a population of less than 100,000, as determined by the last preceding national census compiled by the Bureau of the Census of the United States Department of Commerce, the commission may designate the county assessor, the department or the agent of the department as the agent of the Nevada tax commission for the collection of use tax.
5. For purposes of collection of use tax under the provisions of chapter [706] 372 of NRS, the Nevada tax commission may designate the department as agent.
6. If the taxpayer can controvert the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the Nevada tax commissions representative, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission together with his claim for refund of tax erroneously or illegally collected.
7. If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.
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Senate Bill No. 85Committee on Transportation
CHAPTER 38
AN ACT relating to vehicles; reducing the required bond for dealers and manufacturers of horse trailers, tent trailers and utility trailers; and providing other matters properly relating thereto.
[Approved February 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any dealers license, dealers plate or plates, special dealers plate or plates or rebuilders license or rebuilders plate or plates shall be furnished to a manufacturer, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates or a rebuilder license and rebuilder plate or plates upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter.
κ1973 Statutes of Nevada, Page 40 (CHAPTER 38, SB 85)κ
representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of such dealer, if the business of such dealer or rebuilder has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.
2. A manufacturer or dealer who manufactures or sells only motorcycles [or] , horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the length of time he has been in business.
3. The bond shall be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond, but in no case shall the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.
4. The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer or rebuilder acting for the dealer or rebuilder on his behalf and within the scope of the employment of such salesman.
5. The bond shall provide that any person injured by the action of the dealer, rebuilder or salesman in violation of any provisions of this chapter may bring an action on the bond.
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Assembly Bill No. 253Messrs. Wittenberg, Dini, Barengo, Ullom, Vergiels, Smith and Dreyer
CHAPTER 39
AN ACT relating to municipal government; providing for the submission to the registered voters of certain cities of the question whether to elect members of their respective governing bodies by voters of individual wards; and providing other matters properly relating thereto.
[Approved February 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. At the municipal general elections to be held in June 1973, in each of the cities specified in sections 2 to 5, inclusive, of this act, there shall be submitted to the registered voters of each such city the question specified in the section pertaining to that city. Except as otherwise provided in subsection 2, the question shall be submitted in the same manner as other questions are submitted to the voters at municipal elections.
2. Any requirement for the publication of a question to be submitted, whether contained in a general law, special charter or local ordinance, which cannot reasonably be complied with between the effective date of this act and the date of such election is hereby suspended. In such case, publication three times at the longest feasible intervals shall be deemed a substantial compliance with such requirement.
κ1973 Statutes of Nevada, Page 41 (CHAPTER 39, AB 253)κ
case, publication three times at the longest feasible intervals shall be deemed a substantial compliance with such requirement.
Sec. 2. 1. The question to be submitted to the registered voters of the City of Henderson is:
Shall section 14 of Article VI and sections 237 and 238 of Article XXI of the charter of the City of Henderson be amended to read respectively as follows:
Section 14. Councilmen: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of the mayor and four councilmen.
2. Each councilman (except the mayor) shall be:
(a) An actual and bona fide resident of the city for a period of at least 3 years preceding his election.
(b) A registered voter within the ward which he represents and a taxpayer on real property located within the city.
(c) Except as provided in subsection 3 of section 7, a resident of the ward which he represents.
3. No person shall be eligible to be a candidate for the office of councilman unless on the last day fixed by law for filing his affidavit of candidacy for such office he is an actual and bona fide resident of the ward which he proposes to represent.
4. Each councilman shall:
(a) Be elected by the registered voters of the [city] ward which he represents for a term of 4 years and shall serve from and after the date of his election and qualification and until his successor is elected and qualified.
(b) Reside in the city during his term of office.
(c) Receive a salary prescribed by ordinance, which salary shall not be increased during his term of office.
Section 237. Primary municipal election.
1. A primary municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in May 1965, and on the 1st Tuesday after the 1st Monday in May of every year thereafter in which a general municipal election is to be held, at which time there shall be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at:
(a) The primary municipal election to be held on the 1st Tuesday after the 1st Monday in May 1965 shall file an affidavit of candidacy with the city clerk between 9 a.m. on April 5, 1965, and 5 p.m. on April 16, 1965. An affidavit of candidacy filed by a person with the city clerk between March 5, 1965 and April 4, 1965, pursuant to the provisions of NRS 266.623 is void.
(b) A primary election held after the 1st Monday in May 1965 shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary municipal election.
The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the council by ordinance.
κ1973 Statutes of Nevada, Page 42 (CHAPTER 39, AB 253)κ
of candidacy, a filing fee in an amount fixed by the council by ordinance. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
3. All candidates except candidates for the office of councilman shall be voted upon by the registered voters of the city at large.
4. If in the primary municipal election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone shall be placed on the ballot for the general municipal election. If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general municipal election.
Section 238. General municipal election.
1. A general municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in June 1965, and on the same day every 2 years thereafter, at which time there shall be elected such elective city officers, the offices of which are required next to be filled by election.
2. All candidates at the general municipal election except candidates for the office of councilman shall be voted upon by the registered voters of the city at large.
2. The explanation of the question shall be substantially as follows:
This charter amendment provides for the election of the mayor at large and each councilman by the voters of his own ward. A yes vote is to adopt this plan, a no vote is to retain the election of all councilmen by all the voters of the city.
3. Ballots and ballot labels shall identify the question distinctly from any other charter amendment or question which may be presented, and permit the voter to vote Yes or No.
Sec. 3. 1. The question to be submitted to the registered voters of the City of Las Vegas is:
Shall a new section numbered 3.5 be added to chapter I and sections 3, 4 and 6 of chapter II of the charter of the City of Las Vegas be amended to read respectively as follows:
(In chapter I)
Section 3.5. Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in registered voters as can conveniently be provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the number of registered voters, as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
(In chapter II)
Section 3. Officers, Election of-Elections, When and How Held; Commissioners Classes of Ballot. On the first Tuesday after the first Monday in May [1957,] 1977, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the [two commissioners offices, the same being those designated as commissioners 2 and 4 whose terms expire in June 1957] commissioners from wards 2 and 4 respectively and a city attorney.
κ1973 Statutes of Nevada, Page 43 (CHAPTER 39, AB 253)κ
the first Monday in May [1957,] 1977, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the [two commissioners offices, the same being those designated as commissioners 2 and 4 whose terms expire in June 1957] commissioners from wards 2 and 4 respectively and a city attorney.
At the primary municipal election in May 1969 and every 4 years thereafter, there shall be nominated four candidates for the offices of judge of the municipal court.
On the first Tuesday after the first Monday in May [1959,] 1975, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for mayor [, two commissioners offices, the same being those designated as commissioners 1 and 3.] and commissioners from wards 1 and 3 respectively.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk, not less than thirty (30) days nor more than forty (40) days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p.m. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
If, in the primary municipal election, one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general municipal election. If, in the primary municipal election, no candidate shall receive a majority of votes cast in that election for which he is a candidate, then the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general city election.
If the results of the primary municipal election reveal that for each of the single offices to be filled, one nominee therefor received more than a majority of the votes cast for such office, all such nominees shall be declared elected and the general municipal election shall not be held.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June [1957,] 1977, and on the same day every four years thereafter, at which time there shall be elected [two commissioners, the same being designated as commissioners 2 and 4] commissioners from wards 2 and 4 respectively and a city attorney. All candidates except candidates for the office of commissioner shall be voted upon by the electors of the city at large.
At the general municipal election in June, 1969 and every 4 years thereafter, the two candidates who, by vote of the electors of the city at large, receive the highest number of votes for the offices of municipal judge shall be declared elected.
κ1973 Statutes of Nevada, Page 44 (CHAPTER 39, AB 253)κ
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June [1959,] 1975, and on the same day every four years thereafter, at which time there shall be elected a mayor and [two commissioners, the same being designated as commissioners 1 and 3.] commissioners from wards 1 and 3 respectively. All candidates except candidates for the office of commissioner shall be voted upon by the electors of the city at large.
The board of commissioners of the city shall, not later than the first Tuesday in March of each year in which city elections are to be held, order such elections and shall determine the places in the city for holding the same. The mayor shall forthwith make proclamation thereof, and otherwise the elections and the manner of holding the same shall be governed by the laws of the State of Nevada governing elections, and in the event there shall be any failure of the part of the general laws of the state to provide for some feature of the city elections, then the board of commissioners of the city shall have the power to provide for such deficiency. The four commissioners to be elected as provided for in this act shall be voted for and elected separately [and shall be designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate and his name shall be placed on the official ballots beneath the number he selected, and each voter shall vote for only one candidate in each class.] by the electors of their respective wards.
Section 4. Registration-Election-Registry Agent-Canvass-Tie Vote Procedure. The conduct of carrying on all special city elections, not otherwise provided for, shall be under the control of the board of city commissioners and they shall order such elections and shall determine the time and the places in the city for holding the same, and the mayor shall forthwith make proclamation thereof. The board of city commissioners shall appoint the necessary officers for the conduct of all special elections not otherwise provided for in this charter and do all other or further things required to hold such elections. All persons who reside within the exterior boundaries of the city of Las Vegas at the time of holding any city election and are qualified to vote at the election and whose names appear upon the official register of voters of the city shall have the right to vote at each city election, whether regular or special, and for all offices to be voted for in their respective wards and on all questions that may be submitted to the people at any such general or special city election. It shall not be necessary to have a new registration of electors preceding any general or special municipal election. During the time intervening between the closing of any registration of electors at the last preceding general election and the date of the next ensuing general or special municipal election, the county clerk of Clark County shall prepare and certify from the official register of the last preceding general election in suitable books, one for each precinct or voting district within the city, the names of all electors contained in the official register, alphabetically arranged, surname first, who reside within the exterior boundaries of the city and are qualified to vote at the election, together with all other entries found opposite such name; provided, that before delivering the copy of the registration list as prepared by him in accordance herewith the county clerk shall enter thereon all the names of electors qualified to vote at the ensuing municipal election, who have registered in his office or before any duly authorized registry agent, subsequent to the preceding general election and prior to the close of registration for the ensuing general municipal election, together with the names of all electors who shall have moved from one precinct to another in the city and by him legally transferred.
κ1973 Statutes of Nevada, Page 45 (CHAPTER 39, AB 253)κ
at the election, together with all other entries found opposite such name; provided, that before delivering the copy of the registration list as prepared by him in accordance herewith the county clerk shall enter thereon all the names of electors qualified to vote at the ensuing municipal election, who have registered in his office or before any duly authorized registry agent, subsequent to the preceding general election and prior to the close of registration for the ensuing general municipal election, together with the names of all electors who shall have moved from one precinct to another in the city and by him legally transferred. The county clerk of Clark County shall keep in his office the original copy of the registration list and shall, not later than three (3) days preceding the election for which the registration list has been prepared, deliver to the city clerk of the city of Las Vegas one certified list for each precinct or voting district in the city, such certified list to contain the names of voters entitled to vote in the precinct or voting district for which the list is prepared, and none other. The city clerk shall, not later than the day preceding the election, deliver to one of the inspectors of election for each precinct or voting district in the city, the book or list prepared for the precinct or voting district in which such inspector of election is to act. The city clerk shall prepare and deliver to an inspector of election for each precinct or voting district all necessary supplies and equipment as required by the election laws for the conduct of elections, such supplies to be delivered to the inspectors not later than the day preceding any general or special municipal election. The board of commissioners of the city shall provide all necessary books and supplies for the carrying out of the purposes of this section, and in addition to the provisions of this section the election shall in all other respects be conducted and held in accordance with the provisions of the election laws of the State of Nevada, and the charter and ordinances of the city of Las Vegas. The county clerk of Clark County as in this act contained shall be entitled to receive, as full compensation for all services rendered by him under the provisions hereof, the sum of fifteen (15) cents per name of each elector by him copied; regardless of the number of times each name shall be copied, which shall be a valid claim against the city; and his account shall be made out so as to clearly show the number of names by him coped, and sworn to and filed with the board of commissioners of the city; and such claim, together with all other just and reasonable demands of other persons for books, advertising, and supplies, necessarily incurred in carrying out the requirements of this act, shall be audited and paid out of the general fund of the city; provided, that if the board of commissioners shall deem it necessary and expedient, it shall cause to be printed a list of registered voters. On the Tuesday following any city election in the city of Las Vegas, or as soon thereafter as practicable, the board of commissioners of the city of Las Vegas then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes, and the adoption or rejection of any proposition or propositions voted on at the election. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote, the board of commissioners of the city of Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot.
κ1973 Statutes of Nevada, Page 46 (CHAPTER 39, AB 253)κ
by popular vote, the board of commissioners of the city of Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot.
Section 6. Officers, Elective-Qualifications of. The mayor, each of the four commissioners, the city attorney, and the judges of the municipal court shall not be less than twenty-five (25) years of age, citizens of the United States, and qualified voters of the city of Las Vegas for at least two years immediately preceding the year in which the election is held. Each commissioner shall be a resident of the ward which he represents, at the time of his election. No incumbent elected city official shall be eligible for nomination or election to any elective office other than the office in which he is an incumbent, but nothing herein contained shall be construed so as to prevent any elected city official from first resigning his office and then becoming a candidate for an office in which he was not an incumbent. All such resignations, to be effective, shall be made at least 10 days prior to the last day for filing an affidavit of candidacy as provided in section 3 of chapter II of this charter. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in July of the year in which said general election is held, and failing to do so within said time such office shall be and become vacant.
2. The explanation of the question shall be substantially as follows:
This charter amendment provides for the division of the city into wards, the election of the mayor at large and the election of each commissioner by the voters of his own ward. A yes vote is to adopt this plan, a no vote is to retain the election of all commissioners by all the voters of the city.
3. Ballots and ballot labels shall identify the question distinctly from any other charter amendment or question which may be presented, and permit the voter to vote Yes or No.
Sec. 4. 1. The question to be submitted to the registered voters of the city of North Las Vegas is:
Shall section 3 of chapter I and sections 3, 3.5, 4 and 8 of chapter II of the charter of the city of North Las Vegas be amended to read respectively as follows:
(In chapter I)
Section 3. [Councilmen Elected at Large. All city councilmen shall be elected at large within the city.] Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in registered voters as can conveniently be provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the number of registered voters, as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
κ1973 Statutes of Nevada, Page 47 (CHAPTER 39, AB 253)κ
number of registered voters, as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
(In chapter II)
Section 3. Officers, Election of; Election, When and How Held; Councilmen. The elective officers of the city of North Las Vegas, consisting of the mayor, four councilmen and the municipal court judge, elected or appointed prior to the effective date of this act, shall go out of office and their terms shall expire on the Tuesday after the election to be held on the first Tuesday after the first Monday in June 1973, it being the intention to require the election of all elective officers in the manner hereinafter provided at the election to be held in June 1973, notwithstanding the fact that such elective officers may have been elected or appointed to fill unexpired terms for periods of time extending beyond the Tuesday after the election to be held on the first Tuesday after the first Monday in June 1973. On the first Tuesday after the first Monday in June 1973, and at each successive interval of four years, there shall be elected by the qualified voters of the city of North Las Vegas, at a general election to be held for that purpose, a mayor, in and for the city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At the election on the first Tuesday after the first Monday in June [1973,] 1975, and every four years thereafter, there shall be elected by the qualified voters of [the city,] wards 1 and 3 two councilmen [who have received the largest number of votes cast in the city at such election.] for wards 1 and 3 respectively. There shall also be elected at each biennial election one municipal court judge who shall be elected in the same manner as the mayor [and council] and who shall serve for a two-year period and until his successor shall have been elected and qualified. In the event of any tie, the results shall be determined by lot. One the first Tuesday after the first Monday in June [1971, and each successive interval of two] 1977, and every four years thereafter, there shall be elected [in the city at large by the qualified voters of the city,] two councilmen [who shall hold office for four years and until their successors shall have been elected and qualified.] from wards 2 and 4 respectively, by the qualified voters of wards 2 and 4. Each councilman shall hold office for four years and until his successor is elected and qualified. Each councilman shall be elected by the qualified electors of the ward which he represents. The city council of the city shall order the general election, and shall determine the places in the city for the holding of the same, and the mayor of the city shall make proclamation thereof, and otherwise the election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of the city election in the city, the council of the city of North Las Vegas shall have the power to provide for such deficiency.
κ1973 Statutes of Nevada, Page 48 (CHAPTER 39, AB 253)κ
Section 3.5. Declaration of Candidacy, Filing, Primary Election. The city council shall provide by ordinance for a time before which persons seeking city office must declare their candidacy and file the necessary documents. If for any municipal general election held during or after [1971] 1975 there are three or more candidates for the offices of mayor, [or] municipal court judge [, or five or more candidates for the two city councilman offices to be elected,] or councilman from any ward, a primary election for such office or offices shall be held on the Tuesday following the 1st Monday of May preceding such general election. The names of the two candidates for mayor, [and] municipal court judge and [the names of the four candidates for city] councilman who receive the highest number of votes in the primary election shall be placed on the ballot for the general election unless one of the candidates [for mayor or municipal court judge] receives a majority of the total votes cast for that office in the primary election, in which case only the name of that candidate shall be placed on the ballot for the general election.
Section 4. Registration of Electors; Election Precincts; Officers of Election. The city council may and they are hereby empowered to provide for the registration of electors for any and all city elections, both regular and special, to provide for conducting all such elections, establishing election precincts and wards, and changing the same, and appointing the necessary officers of election; provided, however, that they may, at their option, and without the enactment of ordinance, proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.
Section 8. Qualifications of Mayor and Councilmen. 1. The mayor and each city councilman shall have the following qualifications. He shall be:
(a) Not less than 25 years of age.
(b) A citizen of the United States.
(c) A resident of the city of North Las Vegas for a continuous 2-year period immediately preceding his election.
(d) A registered voter for a continuous 2-year period immediately preceding his election.
(e) An owner of real property in the city of North Las Vegas for a 2-year period immediately preceding his election.
2. Each city councilman shall be a resident of the ward which he represents, at the time of his election.
3. All of the officers made elective by the popular vote shall within thirty days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within such time, such office shall be and become vacant.
2. The explanation of the question shall be substantially as follows:
This charter amendment provides for the election of the mayor at large and each councilman by the voters of his own ward. A yes vote is to adopt this plan, a no vote is to retain the election of all councilmen by all the voters of the city.
κ1973 Statutes of Nevada, Page 49 (CHAPTER 39, AB 253)κ
3. Ballots and ballot labels shall identify the question distinctly from any other charter amendment or question which may be presented, and permit the voter to vote Yes or No.
Sec. 5. 1. The question to be submitted to the registered voters of the City of Reno is:
Shall section 2 of Article I, sections 1 and 2 of Article XII and section 1 of Article XVII of the charter of the City of Reno be amended to read respectively as follows:
(In Article I)
Section 2. 1. The city of Reno shall be divided into [five] seven wards which shall be as near equal in registered voters as can be conveniently provided. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least five-sevenths of the councilmen. The boundaries of wards shall be changed whenever at the close of registration prior to each general state election at which a Representative in Congress is to be elected the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than fifteen percent (15%). No ordinance establishing or changing the boundaries of wards shall be passed or amended until the county clerk of Washoe County has certified that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 15 percent.
2. The territory comprising each ward shall be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any one ward of the city.
(In Article XII)
Section 1. 1. The legislative power of the city, except as hereinbefore provided, shall be vested in a city council, consisting of seven members, who shall hold office for the term of four years from and after the date of their election, except as provided in section 2 of this Article and section 1 of Article XVII. They shall be citizens of the state, bona fide residents and taxpayers in the city, and qualified electors of the wards in which they reside, whose names appear upon the official register as electors of such ward, and residents thereof, within the corporate limits of the city. No person is eligible to the office of councilman [:
(a) From] from any ward, unless he has resided in such ward for at least 6 months immediately preceding the date of such election.
[(b) At large, unless he has resided in the City of Reno for at least 6 months immediately preceding the date of such election.]
2. At the first council meeting after each city general or council election, the council shall elect one from among their number who shall have the title of mayor. The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes, but shall have no regular administrative duties. The mayor shall enforce the rules of the city council for its own government and determine the order of business at meetings pursuant to such rules. The mayor shall be entitled to vote on all issues and shall vote last on roll call votes.
κ1973 Statutes of Nevada, Page 50 (CHAPTER 39, AB 253)κ
issues and shall vote last on roll call votes. The mayor shall have the power to take all proper measures for the preservation of the public peace, order and the suppression of riots, and all forms of public disturbance, for which purpose he is authorized to appoint extra policemen temporarily and without regard to the provisions of this charter relating to civil service, and to call upon the sheriff of the county, or, if such force is inadequate, to call upon the governor for aid and assistance.
3. At the same time, the council shall also elect one from among their number as assistant mayor, who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs he shall become mayor for the completion of the unexpired term.
4. The mayor and the assistant mayor shall be elected for a term of 2 years and either may be removed from such position only for cause after a public hearing by an affirmative vote of six members of the council.
Section 2. Of the councilmen elected hereunder at the general city election to be held on the 1st Tuesday after the 1st Monday in June [1963,] 1975, the councilmen elected from the second, [and] fourth and sixth wards [and one councilman at large] shall serve for the term of four years, from and after the date of their election. The councilmen elected at [such election] the general city election in 1977 from the first, third, [and] fifth and seventh wards [and one councilman at large] shall serve for a term of [2] 4 years from and after the date of their election. Thereafter, each councilman shall serve for a term of 4 years from and after the date of his election. [Two councilmen shall be elected at large from within the city and one councilman shall be elected from each ward of the city, but all qualified electors of the city may vote for all candidates for the office of councilman.] Each councilman shall be elected by the qualified electors of the ward which he represents.
(In Article XVII)
Section 1. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May [, 1963,] 1975, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for councilmen from the second, [and] fourth and sixth wards, [and one councilman at large,] city attorney and police judge. [There shall also be nominated at such election in 1963 candidates for councilman from the first, third and fifth wards and one councilman at large, to serve for terms of 2 years.] On the first Tuesday after the first Monday in May [1965,] 1977, and on the same day every 4 years thereafter, a primary council election shall be held, at which time there shall be nominated candidates for city councilman from the first, third, [and] fifth [wards and one councilman at large.] and seventh wards.
A candidate for any office to be voted for at a primary municipal or council election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, filing fee of $25 for filing an affidavit of candidacy.
κ1973 Statutes of Nevada, Page 51 (CHAPTER 39, AB 253)κ
candidacy. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
[All candidates] Candidates for city attorney and police judge shall be voted upon by the electors of the city at large. If only two candidates file affidavits of candidacy for an office, their names shall not be placed on the ballot for the primary municipal or council election but shall be placed on the ballot for the general municipal or council election. If more than two candidates file affidavits of candidacy for an office, the names of the two candidates for each office receiving the highest number of votes in the primary municipal or council election shall be placed on the ballot for the general municipal or council election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June [, 1963,] 1975, and on the same day every 4 years thereafter, at which time there shall be elected councilmen from the second, [and] fourth and sixth wards, [and one councilman at large,] one city attorney and one police judge. [There shall also be elected at such election in 1963 councilmen from the first, third and fifth wards and one councilman at large to serve for terms of 2 years.] On the first Tuesday after the first Monday in June [1965,] 1977, and on the same day every 4 years thereafter, a general council election shall be held, at which time there shall be elected councilmen from the first, third, [and] fifth [wards of the city and one councilman at large. All candidates at the general municipal or council election] and seventh wards. Candidates for city attorney and police judge shall be voted upon by the electors of the city at large.
All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
2. The explanation of the question shall be substantially as follows:
This charter amendment provides for the election of each councilman by the voters of his own ward. A yes vote is to adopt this plan, a no vote is to retain the election of all councilmen by all the voters of the city.
3. Ballots and ballot labels shall identify the question distinctly from any other charter amendment or question which may be presented, and permit the voter to vote Yes or No.
Sec. 6. There is no section 6.
Sec. 7. 1. At the general election to be held in November 1974, there shall be submitted to the registered voters of Carson City, in the same manner as other questions are submitted to the voters of that city, the following question:
Shall section 2.010 of Article 2 and section 5.010 and 5.020 of Article 5 of the charter of Carson City be amended to read respectively as follows:
κ1973 Statutes of Nevada, Page 52 (CHAPTER 39, AB 253)κ
Article 5 of the charter of Carson City be amended to read respectively as follows:
Section 2.010 Board of supervisors: Qualifications; election; term of office; salary.
1. The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.
2. The mayor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within Carson City and a taxpayer on real property located within Carson City.
(c) Elected by the registered voters of Carson City at large.
3. Each supervisor except the mayor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within the ward which he represents and a taxpayer on real property located within Carson City.
(c) A resident of the ward which he represents, except that changes effected in ward boundaries pursuant to the provisions of section 1.060 shall not affect the right of any elected supervisor to continue in office for the term for which he was elected.
(d) Elected by the registered voters of the ward which he represents.
4. All supervisors, including the mayor, [shall be voted upon by the registered voters of Carson City at large and] shall serve for terms of 4 years.
5. The supervisors, including the mayor, shall receive annual salaries in the amount specified in NRS 245.043.
Section 5.010 Primary election.
1. A primary election shall be held on the date fixed by the Nevada election laws, at which time there shall be nominated candidates for offices to be voted for at the next general election.
2. A candidate for any office to be voted for at any primary election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor or supervisor or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.
4. [All candidates for the office of mayor and supervisor shall be voted upon by the registered voters of Carson City at large.
5.] If only two persons file for a particular office, their names shall not appear on the primary ballot but their names shall be placed on the ballot for the general election.
[6.] 5. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general election.
κ1973 Statutes of Nevada, Page 53 (CHAPTER 39, AB 253)κ
numbers of votes shall be placed on the ballot for the general election.
Section 5.020 General election.
[1.] A general election shall be held in Carson City on the 1st Tuesday after the 1st Monday in November 1970, and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.
[2. All candidates for the office of mayor and supervisor shall be voted upon by the registered voters of Carson City at large. The members of the board, including the mayor, shall serve for terms of 4 years.]
2. The explanation of the question shall be substantially as follows:
This charter amendment provides for the election of the mayor at large and each other supervisor by the voters of his own ward. A yes vote is to adopt this plan, a no vote is to retain the election of all supervisors by all the voters of the city.
3. Ballots and ballot labels shall identify the question distinctly from any other charter amendment or question which may be presented, and permit the voter to vote Yes or No.
Sec. 8. 1. In any city, if a majority of the votes cast on the question is yes, the charter amendment proposed in the question shall become effective on the date when the results are declared for the purposes of nominating and electing candidates for the office of members of the governing body as their respective terms of office expire, but shall not affect the status or term of any member of the governing body incumbent or elected at the time of its adoption. If a majority of the votes cast on the question is no, the charter amendment shall not become effective.
2. The clerk of each city shall certify to the legislative counsel, within 30 days after the results are declared, the number of votes cast for and against the proposed charter amendment in that city.
Sec. 9. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held shall be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns whether such amendments were adopted or rejected by a majority of such registered voters.
Sec. 10. Section 2.010 of Article II of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 404, is hereby amended to read as follows:
Section 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 and the mayor.
2. The mayor shall be:
(a) An actual and bona fide resident of the city for at least 3 years prior to his election.
κ1973 Statutes of Nevada, Page 54 (CHAPTER 39, AB 253)κ
(b) A registered voter within the city and a taxpayer on real property located within the city.
(c) Elected by the registered voters of the city at large.
3. Each councilman other than the mayor shall be:
(a) An actual and bona fide resident of the city for at least 3 years prior to his election.
(b) A registered voter within the ward which he represents, and a taxpayer on real property located within the city.
(c) A resident of the ward which he represents, except that changes in ward boundaries pursuant to the provisions of section 1.040, shall not affect the right of any elected councilman to continue in office for the term for which he was elected.
(d) Elected by the registered voters of the ward which he represents.
4. All councilmen, including the mayor, [shall be voted upon by the registered voters of the city at large and] shall serve for terms of 4 years.
5. The mayor and councilmen shall receive a salary in an amount fixed by the city council.
Sec. 11. Section 5.010 of Article V of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 415, is hereby amended to read as follows:
Section 5.010 Primary election.
1. A primary election shall be held on the 1st Tuesday of May of each odd-numbered year, at which time there shall be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at any primary municipal election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by the city council.
4. All candidates for elective office, except the office of councilman, shall be voted upon by the registered voters of the city at large.
5. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.
Sec. 12. Section 5.020 of Article V of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 416, is hereby amended to read as follows:
Section 5.020 General municipal election.
1. A general election shall be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.
κ1973 Statutes of Nevada, Page 55 (CHAPTER 39, AB 253)κ
2. All candidates for the office of mayor [, councilman] and municipal judge shall be voted upon by the registered voters of the city at large. [The members of the city council, including the mayor, shall serve for terms of 4 years.]
Sec. 13. The charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, is hereby amended by adding thereto a new section designated section 1.045, following section 1.040 of Article I, which shall read as follows:
Section 1.045 Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in registered voters as can conveniently be provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the number of registered voters, as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
Sec. 14. Section 2.010 of Article II of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1066, is hereby amended to read as follows:
Section 2.010 Board of commissioners: Qualifications; election; term of office, salary.
1. The legislative power of the city is vested in a board of commissioners consisting of four commissioners and a mayor.
2. The mayor and commissioners shall be:
(a) Registered voters within the city for at least 2 years immediately prior to the year in which the election is held.
(b) At least 25 years of age.
(c) Citizens of the United States.
3. The mayor shall be elected by the registered voters of the city at large. Each commissioner other than the mayor shall be a resident of the ward which he represents and elected by the registered voters of that ward. All commissioners, including the mayor, [shall be voted upon by the registered voters of the city at large and] shall serve for terms of 4 years.
4. The mayor and commissioners shall receive a salary in an amount fixed by the board of commissioners.
Sec. 15. Section 5.010 of Article V of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1077, is hereby amended to read as follows:
Section 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1975, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for mayor and two offices of commissioner.
2. On Tuesday after the 1st Monday in May 1977, and at each successive interval of 4 years, there shall be held a primary municipal election, at which time there shall be nominated candidates for city attorney, two offices of commissioner and offices of municipal judge.
3. The candidates for commissioner to be nominated as provided in subsections 1 and 2 shall be voted for and nominated separately.
κ1973 Statutes of Nevada, Page 56 (CHAPTER 39, AB 253)κ
subsections 1 and 2 shall be voted for and nominated separately. The [offices shall be designated on the ballot by numbering them 1, 2, 3 and 4 with candidates for offices 1 and 3] candidates from wards 1 and 3 shall be nominated as provided in subsection 1 and candidates [for offices 2 and 4] from wards 2 and 4 nominated as provided in subsection 2.
4. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.
Sec. 16. Section 5.020 of Article V of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1077, is hereby amended to read as follows:
Section 5.020 General municipal election.
1. A general election shall be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.
2. All candidates for elective office, except the office of commissioner, shall be voted upon by the registered voters of the city at large. The members of the board of commissioners, including the mayor, shall serve for terms of 4 years.
Sec. 17. The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, is hereby amended by adding thereto a new section designated section 1.045, following section 1.040 of Article I, which shall read as follows:
Section 1.045 Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in registered voters as can conveniently be provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the number of registered voters, as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
Sec. 18. Section 2.010 of Article II of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1212, is hereby amended to read as follows:
Section 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 and a mayor.
2. The mayor and councilmen shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Registered voters within the city for at least 2 years prior to their election.
κ1973 Statutes of Nevada, Page 57 (CHAPTER 39, AB 253)κ
(c) Taxpayers on real property located within the city for at least 2 years prior to their election.
(d) At least 25 years of age.
(e) Citizens of the United States.
3. At the time of filing, if so required by an ordinance duly enacted, candidates for the office of mayor and councilman shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 2.
4. The mayor shall be elected by the registered voters of the city at large. Each councilman other than the mayor shall be a resident of the ward which he represents and elected by the registered voters of that ward. All councilmen, including the mayor, [shall be voted upon by the registered voters of the city at large and] shall serve for terms of 4 years.
5. The mayor and councilmen shall receive a salary in an amount fixed by the city council.
Sec. 19. Section 5.020 of Article V of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1223, is hereby amended to read as follows:
Section 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.
2. If for any general municipal election there are three or more candidates for the offices of mayor, [or] municipal judge [,] or [five or more candidates for the office of] councilman [,] from any ward, a primary election for any such office shall be held on the Tuesday following the 1st Monday in May preceding such general election.
3. After the primary election, the names of the two candidates for mayor, [and] municipal judge and [the names of the four candidates for city] councilman from any ward who receive the highest number of votes shall be placed on the ballot for the general election unless one of the candidates [for mayor or municipal judge] receives a majority of the total votes cast for that office in the primary election, in which case such candidate shall be declared the winner. [If one candidate for the office of city councilman receives a majority of the votes cast for that office, such candidate shall be declared elected and a general election shall be held only to fill any office for which a winner has not been declared.]
Sec. 20. Section 1.050 of Article I of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:
Section 1.050 Wards: Creation; boundaries.
1. The city shall be divided into [five] seven wards, which shall be as nearly equal in registered voters as can be conveniently provided. The territory comprising each ward shall be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
2. The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council.
κ1973 Statutes of Nevada, Page 58 (CHAPTER 39, AB 253)κ
The boundaries of wards shall be changed whenever the number of registered voters [at the time of any municipal election] , as determined at the close of registration prior to each general state election, in any ward exceeds the number of registered voters in any other ward by more than [15] 5 percent.
[3. Ordinances establishing or changing the boundaries of wards shall not be passed or amended until the county clerk of Washoe County certifies that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 15 percent.]
Sec. 21. Section 2.010 of Article II of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1965, is hereby amended to read as follows:
Section 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 seven councilmen.
2. At the first city council meeting after an election at which a councilman is elected, the city council shall elect one of its members to have the title of mayor and another to have the title of assistant mayor. The mayor and assistant mayor shall serve for terms of 2 years or until removed after hearing for cause by a vote of six-sevenths of the city council.
3. The councilmen shall be:
(a) Bona fide residents of the wards they represent [, or if elected at large, of the city,] for at least 6 months immediately preceding their election.
(b) Registered voters within the city and taxpayers on real property located within the city.
4. [All councilmen shall be voted upon by all registered voters of the city but two councilmen shall be elected at large and one councilman shall be elected from each ward.] Each councilman shall be elected by the registered voters of the ward which he represents. All councilmen shall serve for terms of 4 years.
5. The councilmen shall receive a salary in an amount fixed by the city council.
Sec. 22. Section 5.010 of Article V of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1977, is hereby amended to read as follows:
Section 5.010 General municipal elections.
1. On the 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, councilmen from the second, [and fourth] fourth and sixth wards, [one councilman at large,] a municipal judge and a city attorney, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.
2. On the Tuesday after the 1st Monday in June 1977, 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, councilmen from the first, third, [and fifth wards and one councilman at large,] fifth and seventh wards, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.
κ1973 Statutes of Nevada, Page 59 (CHAPTER 39, AB 253)κ
and seventh wards, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.
Sec. 23. There is no section 23.
Sec. 24. There is no section 24.
Sec. 25. 1. Sections 1 to 9, inclusive, of this act, and this section, shall become effective upon passage and approval.
2. Sections 10 to 12, inclusive, of this act shall become effective one minute after the effective date of chapter 266, Statutes of Nevada 1971, only if the charter amendment submitted to the registered voters of the city of Henderson pursuant to section 2 of this act becomes effective.
3. Sections 13 to 16, inclusive, of this act shall become effective one minute after the effective date of chapter 515, Statutes of Nevada 1971, only if the charter amendment submitted to the registered voters of the city of Las Vegas pursuant to section 3 of this act becomes effective.
4. Sections 17 to 19, inclusive, of this act shall become effective one minute after the effective date of chapter 573, Statutes of Nevada 1971, only if the charter amendment submitted to the registered voters of the city of North Las Vegas pursuant to section 4 of this act becomes effective.
5. Sections 20 to 22, inclusive, of this act shall become effective one minute after the effective date of chapter 662, Statutes of Nevada 1971, only if the charter amendment submitted to the registered voters of the city of Reno pursuant to section 5 of this act becomes effective.
6. The taking effect of sections 10 to 22, inclusive, of this act shall not affect the status or term of office of any member of the governing body of any city who was elected prior to its taking effect.
________
Senate Bill No. 80Senator Young
CHAPTER 40
AN ACT relating to state property; placing the supervision and control of the legislative building with the legislature; specifying relevant duties of the chief of the buildings and grounds division of the department of administration and of the director of the legislative counsel bureau; including all state property under the law prohibiting certain acts of defacement and obstruction; and providing other matters properly relating thereto.
[Approved February 21, 1973]
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 NRS 331.130 and 331.135, 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.
κ1973 Statutes of Nevada, Page 60 (CHAPTER 40, SB 80)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.
Sec. 2. NRS 331.135 is hereby amended to read as follows:
331.135 [The superintendent may establish and charge such fees as may be reasonable for the use by the public of the auditorium on the first floor of the legislative building.] Except as provided in subsections 2 and 3, the legislature reserves the supervision and control of:
1. The entire legislative building, including its chambers, offices, committee and other rooms, and furnishings and equipment thereof, both during and between legislative sessions.
2. During periods when the legislature is not in session, the superintendent is responsible for the allocation of times and assignments for use to both governmental entities and the public of the auditorium on the first floor of the legislative building.
3. The superintendent may establish and charge such fees as may be reasonable for the use by the public of such auditorium.
4. The director of the legislative counsel bureau is authorized to assign the use of all space in the legislative building, except the auditorium on the first floor as provided in subsection 2, during the interim between sessions of the legislature.
5. At all times the maintenance of the legislative chambers and the legislative building shall be under the supervision and control of the superintendent and the chambers and building shall be kept clean, orderly and presentable as befitting public property and the dignity of the legislature.
Sec. 3. NRS 331.200 is hereby amended to read as follows:
331.200 1. It shall be unlawful for any person to [:] commit any of the following acts upon the grounds of the state capitol or of any other state building or property:
(a) Willfully deface, break down or destroy any fence upon or surrounding [the state capitol] such grounds; or
(b) Erect any bulletin board or other advertising device in or upon [the state capitol] such grounds; or
(c) Deposit any garbage, debris or other obstruction in or upon [the state capitol] such grounds; or
(d) Injure, break down or destroy any tree, shrub or other thing upon [the state capitol] such grounds; or
(e) Injure the grass upon [the state capitol] such grounds by walking upon [the same.] it.
2. Any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed, and in no event less than a misdemeanor.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 61κ
Senate Bill No. 72Committee on Transportation
CHAPTER 41
AN ACT relating to identification numbers on vehicles; providing for serial numbers to be assigned by the department of motor vehicles for homemade vehicles; and providing other matters properly relating thereto.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.553 is hereby amended to read as follows:
482.553 1. No person shall intentionally deface, destroy or alter the motor number, other distinguishing number or identification mark of a vehicle required or employed for registration purposes without written authorization from the department, nor shall any person place or stamp any serial, motor or other number or mark upon a vehicle except one assigned thereto by the department.
2. This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof.
3. The department shall assign serial numbers to all homemade vehicles, and the serial numbers must be placed:
(a) If an open trailer, on the left-hand side of the tongue of the trailer.
(b) If an enclosed vehicle, on the pillar post for the left-hand door hinge, or if such placement is not appropriate, then on the left-hand side of the firewall, under the hood.
4. Any person who violates any provisions of [this section] subsection 1 is guilty of a gross misdemeanor.
________
Assembly Bill No. 102Committee on Taxation
CHAPTER 42
AN ACT relating to acquisitions by the United States; correcting an obsolete reference to the governors voting on the Nevada tax commission; and providing other matters properly relating thereto.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 328.030 is hereby amended to read as follows:
328.030 1. The consent of the State of Nevada to the acquisition by the United States of America of any land or water right or interest therein in this state, except lands or water rights located within the boundaries of established and existing national forests, desired for any purpose expressly stated in clause 17 of section 8 of article I of the Constitution of the United States, may be given by concurrence of a majority of the members of the Nevada tax commission, [which majority shall include the governor,] upon finding that such proposed acquisition and the method thereof and all other matters pertaining thereto are consistent with the best interests of the state and conform to the provisions of NRS 328.030 to 328.150, inclusive.
κ1973 Statutes of Nevada, Page 62 (CHAPTER 42, AB 102)κ
United States, may be given by concurrence of a majority of the members of the Nevada tax commission, [which majority shall include the governor,] upon finding that such proposed acquisition and the method thereof and all other matters pertaining thereto are consistent with the best interests of the state and conform to the provisions of NRS 328.030 to 328.150, inclusive.
2. The consent of the State of Nevada in accordance with the principles set forth in subsection 1, and subject to the limitations and restrictions of NRS 328.030 to 328.150, inclusive, may also be given by concurrence of the majority of the members of the Nevada tax commission in cases where privately owned or state-owned real property is desired by the United States for reclamation projects, flood control projects, protection of watersheds, rights-of-way for public roads and other purposes. The consent of the State of Nevada to any acquisition pursuant to this subsection [shall be] is subject to and the state does hereby reserve the right of taxation to itself and to its municipal corporations and taxing agencies, and reserves to all persons [now or hereafter] residing upon such land all political and civil rights, including the right of suffrage.
Sec. 2. NRS 328.206 is hereby amended to read as follows:
328.206 1. [On and after July 1, 1960, in] In order to acquire all or any measure of legislative jurisdiction of the kind involved in clause 17 of section 8 of article I of the Constitution of the United States over any land or other area, or in order to relinquish such legislative jurisdiction, or any measure thereof, which may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file with the Nevada tax commission a notice of intention to acquire or relinquish such legislative jurisdiction. Certified copies of such notice, in sufficient number to meet the recording requirements of subsection 3, shall be filed with the notice. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change of jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred.
2. Upon a finding by a majority of the members of the Nevada tax commission [, which majority shall include the governor,] that a proposed acquisition or relinquishment of legislative jurisdiction and the method thereof and all matters pertaining thereto are consistent with the best interests of the state and conform to the provisions of NRS 328.206 to 328.209, inclusive, the Nevada tax commission may give the consent of the State of Nevada to the acquisition or relinquishment of such legislative jurisdiction by the United States.
3. If the Nevada tax commission consents to the transfer or relinquishment of such jurisdiction, [it] the consent of the state shall be evidenced by a certificate executed on behalf of the state by the Nevada tax commission and concurred in and countersigned by the governor. Thereafter, the certificate shall be delivered to the secretary of state, who shall affix the seal of the state thereto, and shall thereupon deliver the certificate to the United States. The Nevada tax commission shall cause a [certified] copy of the [notice] certificate to be recorded in the office of the county recorder where the land or other area affected by the transfer of jurisdiction is situated, and upon such recordation, the transfer of jurisdiction shall take effect.
κ1973 Statutes of Nevada, Page 63 (CHAPTER 42, AB 102)κ
jurisdiction is situated, and upon such recordation, the transfer of jurisdiction shall take effect. If the land or other area is situated in more than one county, a [certified] copy of the [notice] certificate shall be recorded in the office of the county recorder of each such county. [The Nevada tax commission shall cause copies of all documents recorded pursuant to this section to be filed with the secretary of state.]
________
Senate Bill No. 102Senators Close, Dodge and Swobe
CHAPTER 43
AN ACT relating to good behavior credits for prisoners in the state prison; relaxing and clarifying the conditions for earning such credits.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.280 is hereby amended to read as follows:
209.280 1. Every convict who is sentenced to the state prison on or before June 30, 1969, who shall have no serious infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits shall be as shown in the following table:
Schedule of Credits
|
Number of years of sentence. |
Good time granted. |
Total good time made. |
Time to be served if full time is made. |
|
1st year............................. 2nd year............................ 3rd year............................. 4th year............................. 5th year............................. 6th year............................. 7th year............................. 8th year............................. 9th year............................. 10th year........................... |
2 months 2 months 4 months 4 months 5 months 5 months 5 months 5 months 5 months 5 months |
2 months 4 months 8 months 1 year 1 year, 5 months 1 year, 10 months 2 years, 3 months 2 years, 8 months 3 years, 1 month 3 years, 6 months |
10 months 1 year, 8 months 2 years, 4 months 3 years 3 years, 7 months 4 years, 2 months 4 years, 9 months 5 years, 4 months 5 years, 11 months 6 years, 6 months |
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for convicts whose diligence in labor or study [surpasses the general average] merits such credits and for convicts who donate their blood for charitable purposes.
κ1973 Statutes of Nevada, Page 64 (CHAPTER 43, SB 102)κ
whose diligence in labor or study [surpasses the general average] merits such credits and for convicts who donate their blood for charitable purposes.
4. Each convict shall be entitled to the deductions allowed by this section unless the board shall find that for misconduct or other cause reported by the warden he shall not receive them.
Sec. 2. NRS 209.285 is hereby amended to read as follows:
209.285 1. Every convict who is sentenced to the state prison after June 30, 1969, who has no serious infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit shall be recorded on a monthly basis as earned for actual time served.
2. The mode of reckoning credits shall be as shown in the following table:
Schedule of Credits
Number of Good time Total good
years served. granted. time made.
1 year............................................. 2 months 2 Months
2 years........................................... 2 months 4 months
3 years........................................... 4 months 8 months
4 years........................................... 4 months 1 year
5 years........................................... 5 months 1 year, 5 months
6 years........................................... 5 months 1 year, 10 months
7 years........................................... 5 months 2 years, 3 months
8 years........................................... 5 months 2 years, 8 months
9 years........................................... 5 months 3 years, 1 month
10 years......................................... 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made shall be deducted from the maximum term imposed by the sentence and shall apply to parole eligibility as provided in NRS 213.120.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for convicts whose diligence in labor or study [surpasses the general average] merits such credits and for convicts who donate their blood for charitable purposes.
4. No convict allowed to go outside the prison walls on parole may earn the credits herein provided after the effective date of his release upon parole.
5. Each convict is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 as determined by the warden.
________
κ1973 Statutes of Nevada, Page 65κ
Senate Bill No. 75Committee on Transportation
CHAPTER 44
AN ACT eliminating the requirement that the department of motor vehicles keep a motor serial number index of registered vehicles; requiring the department to maintain an index of serial or vehicle identification numbers or other permanent identifying numbers which may be determined by that department; and providing other matters properly relating thereto.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.235 is hereby amended to read as follows:
482.235 The department shall file each application received and register the vehicle therein described and the owner thereof in suitable books or on index cards as follows:
1. Under a distinctive registration number assigned to the vehicle and to the owner thereof, referred to in this chapter as the registration number.
2. Alphabetically under the name of the owner.
3. Numerically under the [motor] serial or vehicle identification number of the vehicle or a permanent identifying number, as may be determined by the department.
[4. In the discretion of the department, under the serial number or otherwise.]
________
Senate Bill No. 93Senators Close, Dodge and Swobe
CHAPTER 45
AN ACT relating to paroled prisoners; empowering the state board of parole commissioners to restore forfeited good time credits; and providing other matters properly relating thereto.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.150 is hereby amended to read as follows:
213.150 1. The board [shall have full power to] may make and enforce rules and regulations covering the conduct of paroled prisoners, and [to] retake or cause to be retaken and imprisoned any prisoner so upon parole.
2. The boards written order, certified to by the secretary of the board, [shall be] is sufficient warrant for all officers named therein to authorize such officers to return to actual custody any conditionally released or paroled prisoner.
3. All sheriffs, constables, chiefs of police and all prison or other peace officers shall execute any such order in like manner as ordinary criminal process.
κ1973 Statutes of Nevada, Page 66 (CHAPTER 45, SB 93)κ
4. When a paroled prisoner has been retaken, the chief parole and probation officer may after consideration of the case and pending the next meeting of the board release such prisoner again upon parole or revoke his parole and return him to confinement. The chief parole and probation officer shall take whichever action he deems appropriate within:
(a) Fifteen days if such prisoner was paroled by the board.
(b) Thirty days if such prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
5. The board shall consider at its next meeting the case of each paroled prisoner retaken pursuant to this section.
6. Any person who is retaken and imprisoned pursuant to this section for a violation of any rule or regulation governing his conduct shall:
(a) Forfeit all credits for good behavior earned prior to his parole; and
(b) Serve such part of the unexpired term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.
7. If a person, subsequent to his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year he may be given a dishonorable discharge from parole.
Sec. 2. NRS 213.160 is hereby amended to read as follows:
213.160 1. If any prisoner is paroled and [shall leave] leaves the state without permission from the board, he shall be [held as] deemed an escaped prisoner and arrested as such. [; provided:
1. That if a parole shall be] 2. If his parole is lawfully revoked and the prisoner [shall] is thereafter [be] returned to the Nevada state prison or county jail, he shall forfeit all previously earned credits for good behavior and shall serve such part of the unexpired term of his original sentence as may be determined by the board. [; and
2. That if any prisoner shall escape and thereafter be] 3. If any prisoner escapes and is thereafter recaptured, no good time credits shall be allowed for at least 1 calendar year thereafter, and he shall serve such portion of his original sentence as may be determined by the board.
4. The board may restore any good behavior credits forfeited under this section.
________
κ1973 Statutes of Nevada, Page 67κ
Senate Bill No. 98Committee on Health, Welfare and State Institutions
CHAPTER 46
AN ACT to amend NRS 176.107, relating to certain reports by district attorneys, by requiring the reports to be made to the warden of the Nevada state prison.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.107 is hereby amended to read as follows:
176.107 Whenever a sentence of imprisonment in the Nevada state prison is imposed, immediately after the rendition of judgment, the district attorney who prosecuted the cause shall transmit to the [chairman of the state board of parole commissioners (upon forms to be supplied by the board)] warden of the Nevada state prison a written statement of facts surrounding the commission of the offense, upon forms furnished by the warden.
________
Senate Bill No. 101Senators Close, Dodge, Bryan, Swobe and Hecht
CHAPTER 47
AN ACT relating to persons in custody; increasing the penalty for escape or attempted escape in certain cases; and providing other matters properly relating thereto.
[Approved February 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 212.090 is hereby amended to read as follows:
212.090 Every prisoner confined in a prison, or being in the lawful custody of an officer or other person, who shall escape or attempt to escape from such prison or custody, if he is held on a charge, conviction or sentence of:
1. A felony, shall be punished:
(a) Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, by imprisonment in the state prison for not less than 2 years nor more than 20 years. The sentence imposed pursuant to this paragraph shall run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.
(b) Where none of the aggravating factors specified in paragraph (a) is present, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. A gross misdemeanor or misdemeanor, shall be punished:
(a) Where a dangerous weapon is used to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1973 Statutes of Nevada, Page 68 (CHAPTER 47, SB 101)κ
(b) Where no dangerous weapon is used, for a gross misdemeanor.
Sec. 2. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping, [or] forcible rape, or an offense punishable under paragraph (a) of subsection 1 of NRS 212.090, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.255, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
________
Assembly Bill No. 208Committee on Government Affairs
CHAPTER 48
AN ACT to amend the Local Government Budget Act by correcting an obsolete reference to temporary emergency loans.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, [temporary emergency loan] short-term financing repayments, and any other long-term contract expressly authorized by law.
κ1973 Statutes of Nevada, Page 69 (CHAPTER 48, AB 208)κ
by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, [temporary emergency loan] short-term financing repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 18 months following the date of such contract.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or [an emergency loan.] short-term financing. Unappropriated surplus funds shall not be used unless appropriated in a manner provided by law.
________
Assembly Bill No. 119Messrs. Broadbent and Getto
CHAPTER 49
AN ACT to repeal the Family Planning Services and Population Research Law.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 439.273, 439.274, 439.275, 439.276, 439.277 and 439.278 are hereby repealed.
________
κ1973 Statutes of Nevada, Page 70κ
Senate Bill No. 171Committee on Finance
CHAPTER 50
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 95Committee on Transportation
CHAPTER 51
AN ACT repealing the provisions allowing the department of motor vehicles to issue temporary certificates of registration; clarifying which fees are to be collected upon registration of a vehicle; and providing other matters properly relating thereto.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department and its agents in registering a vehicle shall:
(a) Collect the [annual license fee] license plate fees and registration fees as provided for in this chapter.
(b) Collect, as agent for the county in which the applicant resides, the privilege tax on the vehicle.
(c) Issue [to the applicant a temporary certificate of registration valid 15 days only and not renewable, or] a certificate of registration, together with the regular license plate or plates.
2. Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.
3. Every vehicle referred to in subsection 1 of NRS 482.206 being registered for the first time in Nevada shall be taxed for privilege tax purposes for a 12-month period. Every vehicle referred to in subsection 3 of NRS 482.206 being registered for the first time in Nevada shall be taxed for privilege tax purposes pro rata on a monthly basis upon the amount of time remaining in the current registration year.
Sec. 2. NRS 482.340 is hereby repealed.
________
κ1973 Statutes of Nevada, Page 71κ
Assembly Bill No. 5Messrs. Smith and Dini
CHAPTER 52
AN ACT to amend an act entitled An Act incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 15, 1971, as amended.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.070 of Article I of the above-entitled act, being chapter 276, Statutes of Nevada 1971, at page 475, is hereby amended to read as follows:
Section 1.070 Appointive offices.
1. The board of supervisors of the city shall appoint the following officers:
(a) City clerk.
(b) City attorney.
(c) Chief of police.
(d) Municipal judge.
(e) Fire chief.
(f) City manager.
(g) City engineer, who may be the city manager.
[(h) Superintendent of streets and waterworks.]
2. The board of supervisors shall have the power to establish such other offices and to appoint such other officers as it may deem necessary.
Sec. 2. Section 2.030 of Article II of the above-entitled act, being chapter 276, Statutes of Nevada 1971, at page 477, is hereby amended to read as follows:
Section 2.030 Board of supervisors: Duties concerning departments.
1. The board of supervisors shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of such departments.
2. The mayor shall designate from among the board of supervisors, members to act as:
(a) Police supervisor.
(b) Supervisor of [streets, waterworks and public property.] streets.
(c) [Supervisor of fire, sewerage and light.] Supervisor of waterworks and sewer.
(d) Supervisor of fire.
(e) Supervisor of airport and public property.
3. The mayor shall be known as the supervisor of finance and revenue.
4. The duties of each department shall be designated by the board of supervisors.
Sec. 3. Section 3.010 of Article III of the above-entitled act, being chapter 276, Statutes of Nevada 1971, at page 485, is hereby amended to read as follows:
Section 3.010 Mayor: Qualifications; duties; vice president.
κ1973 Statutes of Nevada, Page 72 (CHAPTER 52, AB 5)κ
1. The mayor shall be:
(a) A bona fide resident of the city for at least 2 years prior to his election.
(b) A registered voter within the city and a taxpayer on real property located within the city for at least 2 years prior to his election.
(c) At least 25 years of age.
(d) A citizen of the United States.
2. The mayor shall:
(a) Serve as ex officio president of the board of supervisors and preside over its meetings.
(b) Serve as the chief executive officer of the city.
(c) Be recognized as the head of the city government for all ceremonial purposes.
(d) Perform such emergency duties as may be necessary for the health, welfare and safety of the city.
(e) Perform such other duties, except administrative duties assigned by the board of supervisors to the city manager, 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.
3. [The mayor may exercise the right of veto upon all matters passed by the board of supervisors and it shall require a three-fourths vote of the whole board of supervisors to pass any matter receiving the mayors veto.
4.] The board of supervisors shall elect one of its members to be vice president. Such person shall:
(a) Hold such office and title, without additional compensation, during the term for which he was elected.
(b) Perform the duties of mayor during the absence or disability of the mayor.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant.
________
Senate Bill No. 69Committee on Health, Welfare and State Institutions
CHAPTER 53
AN ACT relating to vending stands operated by blind persons; permitting their establishment in private locations and broadening the opportunity in public locations; providing for allocation and disbursement of funds; and providing other matters properly relating thereto.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The division may establish vending stands in privately owned buildings, if the building owner in each instance consents and enters into an agreement approved by the division.
κ1973 Statutes of Nevada, Page 73 (CHAPTER 53, SB 69)κ
Sec. 2. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Blind person means any person [who by reason of loss of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and includes any person] whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20Ί.
2. Division means the services to the blind division of the department of health, welfare and rehabilitation.
3. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools, [and] the University of Nevada System [.] and the Nevada state park system.
5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles [;] , operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
Sec. 3. NRS 426.640 is hereby amended to read as follows:
426.640 For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of NRS 426.630 to 426.720, inclusive, by the division [shall] have priority of right to operate vending stands in or on any public buildings or properties where [, in the discretion of the head of the department or agency in charge of the maintenance of such buildings or properties, such vending stands may properly and satisfactorily operate.] the locations are determined to be suitable, pursuant to the procedure provided in NRS 426.630 to 426.720, inclusive.
Sec. 4. NRS 426.660 is hereby amended to read as follows:
426.660 To effectuate further the purposes of NRS 426.630 to 426.720, inclusive, when new construction, remodeling, leasing, acquisition or improvement of public buildings or properties is authorized, consideration shall be given to planning and making available suitable space and facilities for vending stands to be operated by blind persons.
κ1973 Statutes of Nevada, Page 74 (CHAPTER 53, SB 69)κ
and facilities for vending stands to be operated by blind persons. Within thirty days after the commencement of the planning and design of any such project, written notice shall be given to the division by the person or agency having charge of such planning and design.
Sec. 5. NRS 426.670 is hereby amended to read as follows:
426.670 The division shall:
1. Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.
2. With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the division has determined to be suitable, and may enter into leases or licensing agreements therefor.
3. Select, train, license and install qualified blind persons [as managers of] to manage or operate, or both manage and operate, such vending stands.
4. Execute contracts or agreements with blind persons to manage or operate, or both manage and operate, vending stands, [including] which agreements may concern finances, management, operation and other matters concerning such stands.
5. When the division deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.
6. Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands. Such rules and regulations shall provide a method for setting aside funds from the gross revenues of vending stand operations, and shall provide for the payment and collection thereof.
7. If the division does not have sufficient funds to establish such vending stands, it may enter into contracts for the establishment and operation thereof. Such contracts shall include provision for payment of commissions to the division based on revenues of the vending stands. Such commissions may, at the discretion of the division, be assigned to licensed vending stand operators for maintenance of income purposes.
8. The division may, by rule or regulation, provide a method for amortizing and recovering the cost of establishing vending stands.
Sec. 6. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise contingent fund for the blind is hereby created in the state treasury.
2. Moneys received by the division under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, shall:
(a) Be deposited in the business enterprise contingent fund for the blind.
(b) Except as provided in subsection 3, remain in the fund and shall not revert to the general fund in the state treasury.
(c) Be used [only] for the purpose of purchasing, maintaining or replacing vending stands or the equipment therein [.] , and for such other purposes, consistent with NRS 426.640, as may be provided by rule or regulation.
3. If the business enterprise contingent fund for the blind is dissolved, any moneys remaining therein shall revert to the general fund in the state treasury.
κ1973 Statutes of Nevada, Page 75 (CHAPTER 53, SB 69)κ
any moneys remaining therein shall revert to the general fund in the state treasury.
4. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of chapter 333 of NRS.
________
Senate Bill No. 33Committee on Judiciary
CHAPTER 54
AN ACT to amend NRS 461.220, relating to compliance with factory-built housing regulations established by the department of commerce, by deleting an incorrect reference to the state board of health as the body to hear appeals from application of such regulations.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 461.220 is hereby amended to read as follows:
461.220 Whenever there is definite evidence that any material, appliance, device, arrangement, system or method of construction does not conform to the standards set by the regulations of the department, it may require tests or proof of compliance to be made at the expense of the manufacturer or his agent, subject to a right of appeal. [to the state board of health.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 81Senators Bryan and Raggio
CHAPTER 55
AN ACT to prohibit the use of any drug, chemical, poison or organic solvent in a manner designed to chemically affect ones physical or mental processes unless taken under the direction of a physician; providing penalties for noncompliance; and providing other matters properly relating thereto.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who inhales, ingests, applies or otherwise uses any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb the eyesight, thinking processes, balance or coordination or to affect the central nervous system of such person is guilty of a misdemeanor.
κ1973 Statutes of Nevada, Page 76 (CHAPTER 55, SB 81)κ
hallucination or elation, or to change, distort or disturb the eyesight, thinking processes, balance or coordination or to affect the central nervous system of such person is guilty of a misdemeanor.
2. The provisions of this section do not apply to those persons who use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when such drug, chemical, poison or organic solvent is used in keeping with the directions for use as given by the physician.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 61Committee on Government Affairs
CHAPTER 56
AN ACT to amend an act entitled 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, as amended.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.070 of Article I of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 902, is hereby amended to read as follows:
Section 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.
(f) Municipal judge.
2. The city council shall establish such other offices as it may deem necessary.
Sec. 2. Section 1.090 of Article I of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 902, is hereby amended to read as follows:
Section 1.090 Officers [performance] fidelity 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.
Sec. 3. Section 2.010 of Article II of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 903, is hereby amended to read as follows:
Section 2.010 City council: Qualifications; election; term of office; salary.
κ1973 Statutes of Nevada, Page 77 (CHAPTER 56, AB 61)κ
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. 4. Section 2.210 of Article II of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 907, is hereby amended to read as follows:
Section 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-ways [.] , publicly owned parking lots and parking areas to which the public is invited.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 5. Section 2.280 of Article II of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 909, is hereby amended to read as follows:
Section 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.
4. Pursue any other legal remedy for collection of charges for utility services, facilities or commodities.
Sec. 6. Section 3.010 of Article III of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 910, is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 78 (CHAPTER 56, AB 61)κ
Section 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. 7. Section 4.020 of Article IV of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 911, is hereby amended to read as follows:
Section 4.020 Municipal court: [Ex officio judge.] Municipal 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.] The judge of the municipal court of the city shall be appointed by the city council. The city council may appoint a qualified person to serve as acting judge of the municipal court during any period of absence or illness of the regularly constituted municipal judge.
2. The salary of the municipal judge shall be fixed by the city council.
Sec. 8. Article IV of the above-entitled act, being chapter 465, Statutes of Nevada 1971, at page 911, is hereby amended by adding thereto a new section to be designated as section 4.040, which shall immediately follow section 4.030 and shall read as follows:
Section 4.040 Payment of fines. The judge of the municipal court may order the payment of any fine by installments or any other method of future payment, and failure to comply with such order shall constitute a contempt of court, punishable by law.
________
κ1973 Statutes of Nevada, Page 79κ
Assembly Bill No. 74Committee on Government Affairs
CHAPTER 57
AN ACT relating to hours and days of operation of state agencies; authorizing variable workweek scheduling in agencies where weekend and holiday coverage is needed; and providing other matters properly relating thereto.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.110 is hereby amended to read as follows:
281.110 1. The offices of all state officers, departments, boards, commissions and agencies shall:
(a) Maintain not less than a 40-hour workweek.
(b) Be open for the transaction of business at least from 8 a.m. until 12 m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and legal holidays. Variable workweek scheduling may be required in those agencies where coverage is needed on Saturdays, Sundays and legal holidays.
2. The offices of all state officers, departments, boards, commissions and agencies shall remain open during the noon hour of each regular working day if any such office has more than one person on its staff.
________
Senate Bill No. 169Senator Young
CHAPTER 58
AN ACT making an appropriation from the general fund for the purpose of repairing granite veneer on the legislative building; and providing other matters properly relating thereto.
[Approved March 1, 1973]
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 $7,500 for the purpose of replacing certain cracked granite veneer and regrouting all granite veneer on the legislative building in the capitol complex in Carson City, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 80κ
Assembly Bill No. 153Mr. Torvinen
CHAPTER 59
AN ACT to amend NRS 81.290, relating to formation of nonprofit corporations, by authorizing the formation of such corporations for scientific purposes.
[Approved March 1, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 81.290 is hereby amended to read as follows:
81.290 1. Any number of citizens of the United States, not less than three, who [shall] desire to associate themselves for the purpose of engaging in educational, scientific, charitable or eleemosynary activities, or a combination of such activities, may make, sign and acknowledge, before any officer authorized to take acknowledgements in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:
(a) The name or title by which such corporation, association or society shall be known in law.
(b) That it is a nonprofit corporation, organized solely for educational, scientific or general charitable and eleemosynary purposes or for a combination of educational, scientific and charitable purposes.
(c) The county in this state where the principal office for the transaction of the business of the corporation is to be located.
(d) The number of trustees, which shall not be less than three; their term of office; and how they are to be chosen, except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.
(e) The names and residences of the trustees chosen for the first year.
(f) Any other matter which it is provided in NRS 81.290 to 81.340, inclusive, may or should be set out in the articles of incorporation.
2. The secretary of state shall make no charge for the filing of the certificate.
3. For the purposes of this section:
(a) Educational activities includes the activities of an association composed of the alumni of an educational institution.
(b) Charitable activities includes the operation of a hospital, although fees are charged for goods and services furnished.
________
κ1973 Statutes of Nevada, Page 81κ
Assembly Bill No. 219Committee on Transportation
CHAPTER 60
AN ACT to amend NRS 483.490; relating to drivers licenses; clarifying drivers license suspension periods; and eliminating a condition for granting a license during license revocation periods.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.490 is hereby amended to read as follows:
483.490 1. [The] Unless otherwise provided by law, the department [shall] may not suspend a license for a period of more than 1 year. [, and, except as provided in subsection 2, upon revoking a license shall not grant an application for a new license until the expiration of such period of revocation.]
2. The department may, after the expiration of 1 year from the date of revocation of a license and when the period of such revocation exceeds 1 year, issue a drivers license to an applicant permitting such applicant to drive a motor vehicle for purposes of his employment only, if [:
(a) The] the department is satisfied that a severe hardship exists [;] . [and
(b) The applicants driving record shows he has not been involved as a driver in a motor vehicle accident causing property or physical damage for at least 2 years next preceding the application.]
3. The periods of suspensions and revocations under this chapter shall run consecutively.
________
Assembly Bill No. 217Committee on Transportation
CHAPTER 61
AN ACT relating to special parking privileges for physically handicapped persons; providing special plates for physically handicapped persons; changing provisions for special parking permits for physically handicapped persons; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.384 is hereby amended to read as follows:
482.384 1. The department shall issue a special parking permit [on and after January 1, 1968:] or special plates:
(a) To any person holding a valid drivers license issued pursuant to [this chapter,] chapter 483 of NRS, who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
κ1973 Statutes of Nevada, Page 82 (CHAPTER 61, AB 217)κ
(b) To any person who:
(1) Does not hold a valid drivers license; or
(2) Owns or does not own a motor vehicle; and
(3) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
(4) Has need to be driven by another person to a destination in a motor vehicle.
2. The department [shall] may make such rules and regulations as are necessary to ascertain eligibility for such [a parking permit.] special parking permits and special plates.
3. [Applications for a special parking permit shall be made to the department on forms prepared and provided by the department which shall require such information as is necessary to determine the applicants eligibility for such a permit, and shall be accompanied by:
(a) A certificate from a licensed physician describing the extent of the applicants disability; and
(b) Payment of a permit fee of $1.
4. Only one special parking permit may be issued to any one eligible applicant.
5. Each permit issued pursuant to this section shall expire on December 31 of the year of its issue.
6. No permit shall be valid for parking in any area on a highway where parking is prohibited by law.] Applications for special parking permits or special plates for physically handicapped persons shall be made to the department on forms provided by the department which shall require information necessary to determine the applicants eligibility for a permit or special plates for physically handicapped persons and shall be accompanied by a certificate from a licensed physician describing the character and extent of the applicants disability.
4. Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter. No additional fee may be charged for special parking permits or special plates.
5. Only one special parking permit or one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period.
6. Each set of special plates for physically handicapped persons issued pursuant to this section shall expire at the end of the last registration month of the registration period for which it was issued.
7. Permits or special plates shall not authorize parking in any area on a highway where parking is prohibited by law.
8. Special plates issued pursuant to this section shall be of a design determined by the department.
Sec. 2. NRS 484.407 is hereby amended to read as follows:
484.407 1. Except as provided in subsection 2, owners of motor vehicles displaying a special parking permit or special plates for physically handicapped persons issued pursuant to NRS 482.384 may park such motor vehicles for not more than [2] 4 hours at any one time in parking zones restricted as to the length of time parking is permitted, without penalty, removal or impoundment of such vehicle [or imprisonment,] if such parking is otherwise consistent with public safety.
κ1973 Statutes of Nevada, Page 83 (CHAPTER 61, AB 217)κ
2. This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-highway parking without paying the required fee for the time during which such vehicle is so parked.
________
Assembly Bill No. 85Committee on Transportation
CHAPTER 62
AN ACT clarifying the penalty provisions for late registration of a vehicle; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever any vehicle [shall be] is 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 10 days from the date of purchase, which date must be legibly affixed to the permit.]
2. If such registration fee [shall not be] is not paid by the end of the [expiration month,] last registration month of the preceding registration period, 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] month during which the delinquency continues [.] , unless the vehicle has not been operated on the highways since the expiration of the prior registration. Evidence of nonoperation of a vehicle shall be furnished by an affidavit executed by a person having knowledge of the fact. The affidavit shall accompany the application for renewal of registration.
3. If the transferee of a vehicle, required to be registered under the provisions of NRS 482.205, has not registered the vehicle within 10 days after the transfer, a penalty of $3 shall be added to the registration fee.
The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.801 to 706.861, inclusive.
________
κ1973 Statutes of Nevada, Page 84κ
Assembly Bill No. 82Committee on Government Affairs
CHAPTER 63
AN ACT relating to the licensing of real estate brokers; permitting a city, town or county in which a broker maintains an office to require a license; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.550 is hereby amended to read as follows:
645.550 1. Every person, copartnership, association or corporation licensed as a real estate broker under the provisions of this chapter shall have and maintain a definite place of business within the state, which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their or its office for the transaction of business under the authority of the license, and where the license shall be prominently displayed.
2. The place of business shall be specified in the application for license and designated in the license.
3. No license issued under the authority of this chapter shall authorize the licensee to transact business from any office other than that designated in the license.
4. Each city, town or county may require a license for revenue purposes [only] for a licensed real estate broker [whose principal place of business is located] who maintains an office within such city or town, or within the county outside the cities and towns of the county, respectively.
________
Senate Bill No. 63Senator Bryan
CHAPTER 64
AN ACT relating to state automobiles; exempting the investigation and narcotics division of the department of law enforcement assistance from the requirement that state vehicles be specifically marked; allowing the division to obtain undistinguishable license plates for its undercover vehicles; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,500 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
κ1973 Statutes of Nevada, Page 85 (CHAPTER 64, SB 63)κ
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $7,500 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. Any automobile purchased for use as a highway patrol vehicle shall cost a sum of money not to exceed $4,000 as the entire purchase price thereof, whether to be paid for entirely in money or in part by exchange of another automobile traded in.
4. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
5. All such automobiles shall be used for official purposes only.
6. All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 8 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
7. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of misdemeanor.
Sec. 2. NRS 482.368 is hereby amended to read as follows:
482.368 1. The department shall provide suitable distinguishing plates, to be issued once every 5 years, except as provided in subsection 2, for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles. Notwithstanding the provisions of subsection 1, such license plates shall be issued annually.
κ1973 Statutes of Nevada, Page 86 (CHAPTER 64, SB 63)κ
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or though the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal, the investigation and narcotics division of the department of law enforcement assistance and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center.
________
Senate Bill No. 42Committee on Federal, State and Local Governments
CHAPTER 65
AN ACT relating to general improvement districts; clarifying definitions used in chapter 318 of NRS.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.020 is hereby amended to read as follows:
318.020 As used in this chapter the following words or phrases are defined as follows:
1. Acquisition, acquire and acquiring each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.
2. Board of trustees and board alone each means the board of trustees of a district.
3. General improvement district and district alone each means any general improvement district organized or, in the case of organizational provisions, proposed to be organized, pursuant to this chapter.
4. Mail means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.
5. Project and improvement each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
κ1973 Statutes of Nevada, Page 87 (CHAPTER 65, SB 42)κ
fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
6. Publication means publication at least once a week for 3 consecutive weeks [by three weekly insertions] in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.
7. Qualified elector means a person who [is qualified] , except for registration, is otherwise qualified to vote at general elections in this state and:
(a) Who is a resident of the district; or
(b) Who or whose spouse is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.
Registration pursuant to the general election (or any other) statutes is not required. Residence in any particular county in the state is not required. For the purpose of voting in any election precinct or other voting division, any qualified elector who is not a resident of the district shall be deemed a resident of such election precinct or other voting division in which is located such taxable real or personal property or the larger or largest portion thereof according to its assessed valuation.
8. Special assessment district means any local public improvement district organized within a general improvement district by the board of trustees of such general improvement district pursuant to this chapter.
9. Taxpaying elector means a person who [is qualified] , except for registration, is otherwise qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.
Registration pursuant to the general election (or any other) statutes is not required. Residence in any particular county is not required.
10. Trustees means the members of a board.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 79Committee on Government Affairs
CHAPTER 66
AN ACT to amend NRS 239.050, relating to microfilming of state records, by substituting the microfilm quality standards of the American National Standards Institute for those of the National Bureau of Standards.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 239.050 is hereby amended to read as follows:
239.050 1. Whenever any department, commission, board or officer of the State of Nevada, except the department of highways, shall have photographed or microphotographed or filmed all or any part of the records kept by or in such department, commission, board or by such officer in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the [National Bureau of Standards,] American National Standards Institute, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provision made for preserving, examining and using the same, the department, commission, board or officer may, upon the approval of the state board of examiners or order of the district court, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
κ1973 Statutes of Nevada, Page 88 (CHAPTER 66, AB 79)κ
of the State of Nevada, except the department of highways, shall have photographed or microphotographed or filmed all or any part of the records kept by or in such department, commission, board or by such officer in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the [National Bureau of Standards,] American National Standards Institute, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provision made for preserving, examining and using the same, the department, commission, board or officer may, upon the approval of the state board of examiners or order of the district court, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
2. Whenever the state highway engineer shall have photographed or microphotographed or filmed all or any part of the records of the department of highways required by NRS 408.215 to be kept by him, in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the [National Bureau of Standards,] American National Standards Institute, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the state highway engineer may cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
________
Assembly Bill No. 15Mr. Dreyer
CHAPTER 67
AN ACT to amend NRS 386.260, relating to elections; enabling the county clerk to issue election certificates for school trustees-elect; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.260 is hereby amended to read as follows:
386.260 1. Trustees shall be elected as provided in the election laws of this state.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall [immediately transmit the abstracts to the board of trustees of the county school district. Upon receipt of the abstracts, the board of trustees shall:
(a) Meet forthwith.
(b) Examine the abstracts.
(c) Declare the results of the election.
κ1973 Statutes of Nevada, Page 89 (CHAPTER 67, AB 15)κ
(d) Order the clerk of the board of trustees] order the county clerk to issue election certificates to the candidates elected.
3. Immediately, the [clerk of the board of trustees] county clerk shall transmit a copy of each election certificate to the superintendent of public instruction.
________
Assembly Bill No. 84Committee on Transportation
CHAPTER 68
AN ACT relating to the department of motor vehicles; changing the designation of certain divisions; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;
16. Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
κ1973 Statutes of Nevada, Page 90 (CHAPTER 68, AB 84)κ
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the [motor vehicle] registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048; and
21. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS.
Sec. 2. NRS 481.048 is hereby amended to read as follows:
481.048 1. The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, field dealer inspectors in the [motor vehicle] registration division of the department.
2. The duties of field dealer inspectors shall be to travel the state and:
(a) Act as field agents and inspectors in the enforcement of the provisions of chapter 482 of NRS as they pertain to dealers, NRS 108.267 to 108.360, inclusive, as such sections pertain to motor vehicles, trailers and motorcycles, and chapters 487 and 489 of NRS.
(b) Act as advisor to dealers in connection with any problems arising under the provisions of such chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
3. Field dealer inspectors have the powers of peace officers in carrying out their duties under this section but are not entitled to retire at the ages and under the circumstances provided in NRS 286.510.
Sec. 3. NRS 481.067 is hereby amended to read as follows:
481.067 The department shall consist of:
1. The [motor vehicle] registration division.
2. The motor carrier division.
3. The drivers license division.
4. The Nevada highway patrol division.
5. The [fiscal and accounting] administrative services division.
6. The automation division.
7. Such other divisions as the director may in his discretion from time to time establish.
Sec. 4. NRS 481.071 is hereby amended to read as follows:
481.071 The primary functions and responsibilities of the various divisions of the department shall be as follows:
1. The [motor vehicle] registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.
2. The motor carrier division shall execute, administer and enforce the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws and shall [, on and after July 1, 1959,] execute, administer and enforce the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.
κ1973 Statutes of Nevada, Page 91 (CHAPTER 68, AB 84)κ
the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws and shall [, on and after July 1, 1959,] execute, administer and enforce the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.
3. The drivers license division shall execute, administer and enforce the provisions of chapter 483 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.
4. The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.
5. The [fiscal and accounting] administrative services division shall furnish fiscal and accounting services to the director and the various divisions and shall advise and assist the director and the various divisions in carrying out their functions and responsibilities.
Sec. 5. NRS 482.383 is hereby amended to read as follows:
482.383 1. The [motor vehicle] registration division of the department may issue a special use permit for the operation of any new, unregistered and unlicensed vehicle upon any highway in the state for the purpose of enabling such vehicle to operate in connection with special events, such as parades.
2. Such permit shall be in a form to be prescribed by the department and shall limit the use of the vehicle for which it is issued to movement for the purpose set forth in the application for the permit. Such permit shall be affixed to the vehicle in a manner and position to be determined by the department and shall be canceled, destroyed or surrendered under such rules as the department may prescribe.
3. The [motor vehicle] registration division of the department shall charge a fee of $2 for each such permit issued.
Sec. 6. Whenever there appears in any chapter of Statutes of Nevada 1973, or in any section of Nevada Revised Statutes not amended by this act, a reference to any division of the department of motor vehicles whose designation is changed by this act, the legislative counsel in preparing the supplement to Nevada Revised Statutes shall conform such reference to the designation provided by this act.
________
κ1973 Statutes of Nevada, Page 92κ
Senate Bill No. 189Committee on Health, Welfare and State Institutions
CHAPTER 69
AN ACT relating to facilities of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation; changing the names of the Nevada state hospital and the Southern Nevada comprehensive mental health center; listing statutory names for other division facilities; and providing other matters properly relating thereto.
[Approved March 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.325 is hereby amended to read as follows:
41.325 After any proceeding in which a person, previously adjudicated to be insane, is adjudicated to be sane, the clerk shall immediately notify the superintendent and medical director of the Nevada [state hospital] mental health institute of such adjudication.
Sec. 2. NRS 160.161 is hereby amended to read as follows:
160.161 1. Upon commitment, such person shall be subject to the rules and regulations of the Veterans Administration or other agency when admitted to any facility operated by any such agency within or without this state.
2. The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall, with respect to such person, be vested with the same powers as the superintendent of the Nevada [state hospital] mental health institute with respect to retention of custody, transfer, parole or discharge.
3. The committing court shall retain jurisdiction:
(a) To inquire, at any time, into the mental condition of persons so committed.
(b) To determine the necessity for continuance of his restraint.
Sec. 3. NRS 160.162 is hereby amended to read as follows:
160.162 1. Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to the Nevada [state hospital] mental health institute and that such person is eligible for care or treatment, the superintendent of the Nevada [state hospital] mental health institute may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment.
2. The committing court shall be notified by the superintendent of the Nevada [state hospital] mental health institute upon effecting such transfer.
3. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of a felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing.
4. Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.
κ1973 Statutes of Nevada, Page 93 (CHAPTER 69, SB 189)κ
to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.
Sec. 4. NRS 175.521 is hereby amended to read as follows:
175.521 Where on trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury shall have the same force and effect as if he were regularly adjudged insane as now provided by law, and the judge thereupon shall forthwith order that the defendant be confined in the Nevada [state hospital] mental health institute until he be regularly discharged therefrom in accordance with law.
Sec. 5. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant insane, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of the superintendent of the Nevada [state hospital] mental health institute for detention and psychiatric treatment at the Nevada state prison or at the [hospital.] institute.
2. The defendant shall be held in such custody until returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
3. Proceedings against the defendant must be suspended until the sanity commission finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.460.
Sec. 6. NRS 178.435 is hereby amended to read as follows:
178.435 The expenses of the examination and of the sending of such persons to and from the custody of the superintendent of the Nevada [state hospital] mental health institute shall be in the first instance chargeable to the county from which they have been sent. But the county may recover them from the estates of any such persons, or from a relative legally bound to care for them, or from the county of which such persons may be resident.
Sec. 7. NRS 178.450 is hereby amended to read as follows:
178.450 1. The superintendent of the Nevada [state hospital] mental health institute shall keep each person committed to his custody under NRS 178.425 under his observation and if in his opinion such person recovers his or her mental faculties to the extent of knowing the difference between right and wrong and is of sufficient mentality to be able to understand the nature of the criminal charge against him or her and, by reason thereof, is able to aid and assist his or her counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter, the superintendent shall notify in writing a district judge of the judicial district in which the person is held in custody of his findings and opinion with respect to the sanity of the person charged with the public offense and committed to his custody.
2. The notice may be informal and shall contain:
(a) The name of such person and the county to which he may be returned for further court action.
(b) The circumstances under which he was committed to the custody of the superintendent of the Nevada [state hospital] mental health institute and the duration of his hospitalization.
Sec. 8. NRS 178.455 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 94 (CHAPTER 69, SB 189)κ
178.455 1. The district judge, upon receiving the written notice of the superintendent of the Nevada [state hospital] mental health institute that the person charged with a public offense, as provided in NRS 178.425, is of sufficient mentality to be placed upon trial for the commission thereof, shall, within a period of not to exceed 20 days, impanel a sanity commission composed of three physicians, at least one of whom shall be a psychiatrist, who are licensed to practice medicine in this state, but not including members of the medical staff of the Nevada [state hospital,] mental health institute, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the district judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the district judge its report, findings and opinion in writing, which shall be in triplicate and signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to know the difference between right and wrong;
(b) Whether the person is of sufficient mentality to understand the nature of the offense charged; and
(c) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced.
Members of the sanity commission may report jointly or individually. A concurrence of the findings of two members shall constitute the decision of the commission. Copies of the report or reports shall be sent to the superintendent of the Nevada [state hospital] mental health institute to be incorporated in the medical record of the person.
Sec. 9. NRS 178.460 is hereby amended to read as follows:
178.460 1. Upon receiving the report, findings and opinion of the sanity commission, and if the decision is that the person examined then and there:
(a) Knew the difference between right and wrong;
(b) Understood the nature of the offense charged; and
(c) Was of sufficient mentality to aid and assist counsel in defense of the offense charged, or to show cause why judgment should not be pronounced,
the district judge shall within 10 days forward to the district judge of the district court committing the person charged with the public offense to the custody of the superintendent of the Nevada [state hospital,] mental health institute, and to the district attorney of the proper county, respectively, one copy of the report, findings and opinion of the sanity commission. Upon receipt thereof, the district attorney shall notify the sheriff of the county of the findings of the sanity commission and arrange for the return of the person to that county for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The person shall not be returned more than 30 days before the date set for the trial or pronouncement of judgment. Such date shall be within 60 days of the receipt of the findings of the sanity commission.
κ1973 Statutes of Nevada, Page 95 (CHAPTER 69, SB 189)κ
2. If the report, findings and opinion of the sanity commission is adverse to the person charged with a public offense, such person shall remain in the custody of the superintendent of the Nevada [state hospital] mental health institute subject to further examinations in the future or until discharged therefrom according to law.
Sec. 10. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission shall each receive reasonable compensation fixed by the district judge impaneling such commission, which compensation shall be a charge against and paid by the Nevada [state hospital] mental health institute upon an order therefor signed by the district judge and submitted to the superintendent of the [state hospital.] institute. The superintendent shall submit a claim for payment of the order in the manner provided by law.
Sec. 11. NRS 200.375 is hereby amended to read as follows:
200.375 No person convicted of forcible rape may, if the victim was a child under the age of 14 years, be paroled unless a board consisting of the superintendent of the Nevada [state hospital,] mental health institute, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the Nevada state prison and is not a menace to the health, safety or morals of others.
Sec. 12. NRS 201.190 is hereby amended to read as follows:
201.190 1. Except as provided in subsection 2, every person of full age who commits the infamous crime against nature shall be punished:
(a) Where physical force or the immediate threat of such force is used by the defendant to compel another person to participate in such offense, or where such offense is committed upon the person of one who is under the age of 18 years, by imprisonment in the state prison for life with possibility of parole, eligibility for which begins, unless further restricted by subsection 3, when a minimum of 5 years has been served.
(b) Otherwise, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person who is compelled by another, through physical force or the immediate threat of such force, to participate in the infamous crime against nature is thereby guilty of any public offense.
3. No person convicted of violating the provisions of subsection 1 of this section may, if the victim was a child under the age of 14 years, be:
(a) Paroled unless a board consisting of the superintendent of the Nevada [state hospital,] mental health institute, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety and morals of others.
Sec. 13. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who commits any act of open or gross lewdness is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1973 Statutes of Nevada, Page 96 (CHAPTER 69, SB 189)κ
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person convicted of violating the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada [state hospital,] mental health institute, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 14. NRS 201.220 is hereby amended to read as follows:
201.220 1. Every person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada [state hospital,] mental health institute, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 15. NRS 201.230 is hereby amended to read as follows:
201.230 1. Any person who shall willfully and lewdly commit any lewd or lascivious act, other than acts constituting the crime of rape and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada [state hospital,] mental health institute, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 16. NRS 209.145 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 97 (CHAPTER 69, SB 189)κ
209.145 The warden shall provide a facility for the detention and treatment of such persons committed to the custody of the superintendent of the Nevada [state hospital] mental health institute pursuant to NRS 178.425 as the superintendent may deem it proper to place in such facility.
Sec. 17. NRS 210.200 is hereby amended to read as follows:
210.200 1. Upon request of the superintendent, a person committed to the school shall be accepted by the Nevada [state hospital] mental health institute for observation, diagnosis and treatment, for a period not to exceed 90 days.
2. If, after observation, the superintendent and medical director of the Nevada [state hospital] mental health institute finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the Nevada [state hospital.] mental health institute.
3. If, after observation, the superintendent and medical director of the Nevada [state hospital] mental health institute finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order any such person be committed to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.180. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 18. NRS 210.650 is hereby amended to read as follows:
210.650 1. Upon request of the superintendent, a person committed to the school shall be accepted by the Nevada [state hospital] mental health institute for observation, diagnosis and treatment for a period not to exceed 90 days.
2. If, after observation, the superintendent and medical director of the Nevada [state hospital] mental health institute finds such person to be feebleminded or mentally ill such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the Nevada [state hospital.] mental health institute.
3. If, after observation, the superintendent and medical director of the Nevada [state hospital] mental health institute finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.580. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 19. NRS 433.006 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 98 (CHAPTER 69, SB 189)κ
433.006 Chief means the chief administrative officer of the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 20. NRS 433.007 is hereby amended to read as follows:
433.007 Director means the medical director of the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 21. NRS 433.009 is hereby amended to read as follows:
433.009 [Hospital means the Nevada state hospital.] Institute means the Nevada mental health institute.
Sec. 22. NRS 433.011 is hereby amended to read as follows:
433.011 Mental health center means the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 23. NRS 433.012 is hereby amended to read as follows:
433.012 Superintendent means the superintendent and medical director of the Nevada [state hospital.] mental health institute.
Sec. 24. NRS 433.015 is hereby amended to read as follows:
433.015 The provisions of NRS 433.005 to 433.640, inclusive, when related to the [hospital,] institute, shall be administered by the superintendent or, when related to the mental health center, shall be administered by the chief, subject to administrative supervision by the administrator of the division.
Sec. 25. NRS 433.020 is hereby amended to read as follows:
433.020 1. That certain public institution heretofore established and maintained for the care of the mentally ill of the state shall be known as the Nevada [state hospital.] mental health institute.
2. That public institution constructed in [Clark County] Las Vegas, Nevada, and maintained for the care of the mentally ill shall be known as the [Southern Nevada comprehensive] Las Vegas mental health center.
3. The words insane asylum, institute for the care of the insane, state hospital, and all words of like import used in any law, process, investigation, subpena, or commitment, or in relation to any board or commission pertaining to or in any way concerning the arrest, examination, detention, or care of the mentally ill in this state shall be deemed to relate to the Nevada [state hospital or the Southern Nevada comprehensive] mental health institute or the Las Vegas mental health center, and all processes and proceedings relating to the mentally ill of the state shall be conducted in either of those names.
4. Nothing in this section precludes the commitment of a mentally ill person to a private institution where such commitment is authorized by law.
Sec. 26. NRS 433.040 is hereby amended to read as follows:
433.040 Nothing in NRS 433.005 to 433.640, inclusive, shall limit the right of any person admitted to the [hospital] institute or the mental health center pursuant to NRS 433.005 to 433.640, inclusive, to a writ of habeas corpus upon a proper application made at any time by such person or a relative or friend on his behalf.
Sec. 27. NRS 433.105 is hereby amended to read as follows:
433.105 1. In addition to his salary, the superintendent shall be entitled to:
κ1973 Statutes of Nevada, Page 99 (CHAPTER 69, SB 189)κ
(a) The use of a residence on the grounds of or near the [hospital,] institute, which shall be maintained by the state.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the [hospital] institute without charge when supervising personnel or inmates.
2. Any furnishings or appliances in use in the residence of the superintendent on July 1, 1960, may be continued in use in the discretion of the superintendent, but no replacements of such appliances or furnishings, except the appliances referred to in subsection 1, may be made at state expense.
3. The superintendent shall receive no perquisites except those provided for in this section.
Sec. 28. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the [hospital,] institute, and as such shall have the following powers and duties:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the [hospital.] institute.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the [hospital.] institute.
3. To make reports to the administrator of the division, and to supply the administrator with material on which to base proposed legislation.
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the [hospital.] institute.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.005 to 433.640, inclusive.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations of persons committed to the Nevada state prison, the Nevada state childrens home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.
9. To keep, pursuant to the provisions of NRS 178.450 to 178.465, inclusive, all persons committed to his custody by order of court in a criminal proceeding.
10. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
11. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
κ1973 Statutes of Nevada, Page 100 (CHAPTER 69, SB 189)κ
at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
12. To submit a biennial report to the administrator of the division on the condition, operation and functioning of the [hospital,] institute, and anticipated needs of the [hospital.] institute.
13. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the [hospital,] institute, and to take all steps necessary to establish clear title thereto on behalf of the state.
14. To lease, with the consent of the administrator of the division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the [hospital] institute for such consideration and upon such terms as the superintendent and the administrator may deem to be in the best interests of the [hospital] institute and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 29. NRS 433.123 is hereby amended to read as follows:
433.123 For the purpose of restricting the use or disclosure of any information concerning patients in the mental health center or the [hospital,] institute, the superintendent or chief, as the case may be, shall establish and enforce reasonable regulations governing the custody, use and preservation of all records, files and communications on file at the mental health center or the [hospital.] institute.
Sec. 30. NRS 433.125 is hereby amended to read as follows:
433.125 The superintendent may designate an employee or employees of the [hospital] institute and the chief may designate an employee or employees of the mental health center to act as his deputy or deputies. In case of the absence of the superintendent or chief or the inability of the superintendent or chief for any cause to discharge the duties of his office in payment of claims, such duties shall devolve upon his deputy or deputies.
Sec. 31. NRS 433.130 is hereby amended to read as follows:
433.130 1. The superintendent shall appoint such medical, technical, clerical and operational staff as the execution of his duties, the care of the patients, and the maintenance and operation of the [hospital] institute may require.
2. The appointments shall be made in accordance with the provisions of chapter 284 of NRS.
Sec. 32. NRS 433.135 is hereby amended to read as follows:
433.135 1. If the superintendent finds that it is necessary or desirable that any employee reside at the [hospital] institute or the chief finds that such is necessary or desirable at the mental health center, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
2. The governor shall notify each regular session of the legislature of the existing charges and perquisites.
Sec. 33. NRS 433.140 is hereby amended to read as follows:
433.140 1. One or more physicians shall be employed for the [hospital] institute and for the mental health center. They shall hold degrees of doctor of medicine from accredited medical schools, and they shall be licensed to practice medicine as provided by law.
κ1973 Statutes of Nevada, Page 101 (CHAPTER 69, SB 189)κ
2. Except as otherwise provided by law, their only compensation shall be annual salaries which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The physicians shall perform such duties pertaining to the care and treatment of patients as may be required by the superintendent if the physicians are employed at the [hospital,] institute, or the director, if they are employed at the mental health center.
Sec. 34. NRS 433.143 is hereby amended to read as follows:
433.143 1. Physicians employed by the [hospital,] institute, mental health center or division shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform such services.
2. The superintendent and chief shall establish reasonable schedules of rates upon which such fees shall be based and collect and deposit such fees in the general fund in the state treasury.
Sec. 35. NRS 433.170 is hereby amended to read as follows:
433.170 No employee of the [hospital] institute or the mental health center shall be required to work and labor more than 8 hours in 1 day, or more than 48 hours in 1 week.
Sec. 36. NRS 433.180 is hereby amended to read as follows:
433.180 Funds to carry out the provisions of NRS 433.005 to 433.640, inclusive, shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims relating to the [hospital] institute shall be approved by the superintendent and all claims relating to the mental health center shall be approved by the chief before they are paid.
Sec. 37. NRS 433.190 is hereby amended to read as follows:
433.190 The [state hospital] mental health institute revolving fund in the sum of $7,500 is hereby created, and may be used for the payment of [hospital] institute bills requiring immediate payment, and for no other purposes. The superintendent is directed to deposit the revolving fund in one or more banks of reputable standing. Payments made from the [state hospital] mental health institute revolving fund shall be promptly reimbursed from appropriated funds of the [hospital] institute on claims as other claims against the state are paid.
Sec. 38. NRS 433.195 is hereby amended to read as follows:
433.195 1. The superintendent is authorized to accept gifts or bequests of money or property to the [hospital.] institute.
2. Monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the [state hospital] mental health institute gift fund, which is hereby created. The fund shall be a continuing fund, and no money in the fund shall be transferred to the general fund at any time. The money in the fund shall be used for [hospital] institute purposes only and expended in accordance with the terms of the gift or bequest. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid.
3. Gifts or bequests of property, other than money, may be sold or exchanged when it is deemed by the superintendent and the administrator of the division to be in the best interest of the [hospital.] institute. The sale price shall not be less than 90 percent of the value determined by a qualified appraiser appointed by the superintendent.
κ1973 Statutes of Nevada, Page 102 (CHAPTER 69, SB 189)κ
a qualified appraiser appointed by the superintendent. Moneys realized from the sale shall be deposited in the state treasury in the [state hospital] mental health institute gift fund and shall be spent for [hospital] institute purposes only. Such property shall not be sold or exchanged if to do so would violate the terms of the gift or bequest.
Sec. 39. NRS 433.230 is hereby amended to read as follows:
433.230 1. Committed persons receiving income aggregating $500 or more annually shall have guardians appointed either by the committing court or by the district court of the county wherein the [hospital] institute or mental health center is located, on the application of any interested person, or, in the case of indigents, on the application of the district attorney of the county wherein the [hospital] institute or mental health center is located.
2. In approving guardians, except as provided in NRS 433.235, preference shall be given to responsible relatives in the first and second degrees of consanguinity, provided that they are residents of the state of Nevada.
Sec. 40. NRS 433.235 is hereby amended to read as follows:
433.235 If a committed person has a total income or potential income, from all sources, not exceeding the cost of maintenance, care and treatment, the superintendent, if such person is committed to the [hospital,] institute, or the chief, if such person is committed to the mental health center, may be appointed as guardian of such person and estate for the purposes of receiving such income and applying it toward such costs.
Sec. 41. NRS 433.280 is hereby amended to read as follows:
433.280 1. If, after a hearing and examination, the judge believes the person brought before him is an alcoholic or a drug addict, and has been a resident of Nevada for more than 1 year, he shall make an order committing such person to the [hospital] institute or the mental health center, whichever is geographically convenient, for an indeterminate period of not more than 1 year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at the [hospital] institute or the mental health center unless there has been first filed with the court a written report of the superintendent, if such person was committed to the [hospital,] institute, or of the director, if such person was committed to the mental health center, stating that the person is a suitable case for treatment, and if such report is not filed such person shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate. A full transcript of the proceedings in the district court shall be filed with the superintendent, if such person is ordered committed to the [hospital,] institute, or with the director, if such person is ordered committed to the mental health center, within 30 days after the commitment.
2. The costs of care and maintenance of any person ordered committed under subsection 1 shall be paid by such patient or the spouse, father, mother or children of such patient if of sufficient means and ability or, where such person is indigent, shall be charge upon the state.
3. The superintendent or director may discharge any patient com mitted under subsection 1 of this section at any time if, in the opinion of the superintendent or director:
κ1973 Statutes of Nevada, Page 103 (CHAPTER 69, SB 189)κ
mitted under subsection 1 of this section at any time if, in the opinion of the superintendent or director:
(a) Discharge would be in the best interest of the patient; or
(b) The patient has achieved maximum benefit from hospitalization.
Sec. 42. NRS 433.315 is hereby amended to read as follows:
433.315 1. Whenever a person legally adjudged to be mentally ill is deemed by the court or the superintendent to be a menace to public safety, and the court is satisfied that the facilities at the [hospital] institute are inadequate to keep such mentally ill person safely confined, the court may, upon application of the superintendent, commit such person to the Nevada state prison. The person shall be confined in the Nevada state prison until the further order of the committing court either transferring him to the [hospital] institute or declaring him to be no longer mentally ill.
2. All the provisions of law, so far as the same are applicable, relating to the confinement of mentally ill persons in the [hospital] institute shall apply to confinement of mentally ill persons in the Nevada state prison.
Sec. 43. NRS 433.320 is hereby amended to read as follows:
433.320 1. Whenever a convict, while undergoing imprisonment in the Nevada state prison, [shall become] becomes mentally ill, and [be] is so adjudged by a court as in other cases of mental illness, the warden shall deliver such convict into the custody of the superintendent of the [hospital] institute for detention and psychiatric treatment at the prison or at the [hospital] institute until returned by the superintendent to the warden as cured.
2. The administrator of the division shall supervise the psychiatric care and treatment provided for the mentally ill prisoners at the Nevada state prison.,
Sec. 44. NRS 433.360 is hereby amended to read as follows:
433.360 1. When any commitment is issued under the provisions of this chapter, the person committed, together with the warrants of the judge and certificates of the physicians and a full and complete transcript of the notes of the official reporter, made at the examination of such person before the committing magistrate, must be delivered to the sheriff of the county, who shall convey such person to the [hospital] institute or mental health center.
2. No female mentally ill person may be conveyed to the [hospital] institute or mental health center without at least one female attendant or a relative in the first degree being in attendance.
Sec. 45. NRS 433.410 is hereby amended to read as follows:
433.410 1. The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent, if such persons are committed to the [hospital,] institute, or the chief, if such persons are committed to the mental health center, and shall be payable monthly in advance. The rate shall approximate the actual per diem cost per patient, for the class of patient care provided, for the previous fiscal year.
2. The cost of transportation to the [hospital] institute or mental health center shall be payable with the first monthly payment.
κ1973 Statutes of Nevada, Page 104 (CHAPTER 69, SB 189)κ
3. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.
4. Previously determined payments may be decreased or increased by the superintendent or chief if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
5. Rates of pay determined by the superintendent or chief may be appealed to and reviewed by the administrator of the division. After review, the administrator may modify the determination of the superintendent or chief.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the [hospital] institute or mental health center shall be additional charges against responsible relatives or the estate of the committed person.
7. The unused portion of advance payments shall be refundable to the source of payment in the event of the committed persons death, parole or discharge from the [hospital] institute or mental health center.
Sec. 46. NRS 433.420 is hereby amended to read as follows:
433.420 1. The superintendent or chief, as the case may be, may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of committed persons for subsistence, care or other expenses of such committed persons. Each agreement and bond shall be to the State of Nevada and any action to enforce the same may be brought by the superintendent or chief.
2. Financially responsible relatives and the guardian of the estate of a committed person may, from time to time, pay moneys to the [hospital] institute or mental health center for the future personal needs of the committed person and for his burial expenses. Sums so paid shall be credited to the patients personal deposit fund.
Sec. 47. NRS 433.430 is hereby amended to read as follows:
433.430 Moneys received by the superintendent or chief for the care, maintenance and treatment of committed persons shall be paid to the state treasurer to be credited to the general fund for the use of the [hospital] institute or mental health center, as the case may be. The superintendent may include in the budget for the [hospital] institute and the chief may include in the budget for the mental health center the amounts expected to be received under this section.
Sec. 48. NRS 433.435 is hereby amended to read as follows:
433.435 1. The superintendent may establish at the [hospital] institute and the chief may establish at the mental health center a patients commissary or store, which shall exist for the benefit and use of the patients. So far as practicable, sales of supplies and materials shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary at the [hospital,] institute, and the chief shall do the same for the commissary at the mental health center.
2. The [hospital] institute commissary fund and the mental health center commissary fund are hereby created, and shall be used to purchase supplies and materials for resale to the patients, to provide money for needy patients, and for such other incidentals as may be deemed necessary by the superintendent for the [hospital,] institute, or by the chief, for the mental health center.
κ1973 Statutes of Nevada, Page 105 (CHAPTER 69, SB 189)κ
supplies and materials for resale to the patients, to provide money for needy patients, and for such other incidentals as may be deemed necessary by the superintendent for the [hospital,] institute, or by the chief, for the mental health center. All moneys drawn from the funds shall be repaid wherever possible.
3. The superintendent is directed to deposit the [hospital] institute commissary fund and the chief shall deposit the mental health center commissary fund in one or more banks of reputable standing, and the superintendent and chief shall maintain a small sum as petty cash at each commissary.
Sec. 49. NRS 433.440 is hereby amended to read as follows:
433.440 1. There shall be maintained at the [hospital] institute and at the mental health center a fund to be known as the patients personal deposit fund.
2. Moneys coming into the possession of the superintendent or chief belonging to a committed person shall be deposited in the name of that person in the fund, but when there is a guardian of his estate, the guardian shall have the right to demand and receive the funds.
3. When practicable, individual credits in the fund shall not exceed the sum of $150. When the individual credit exceeds the maximum sum, the excess may be applied by the superintendent or chief for costs of support and care and other approved charges against the committed person.
4. Any money to the credit of an individual may be used for the purchase of personal necessities or may be applied to the expense of burial.
5. Money accepted for the benefit of a committed person for special purposes shall be reserved for such purposes regardless of the total amount to the credit of the committed person.
6. Except as provided in subsection 7, the superintendent shall deposit the fund for the [hospital] institute and the chief shall deposit the fund for the mental health center in a commercial account with a bank of reputable standing. When deposits in the commercial account exceed $15,000, the superintendent or the chief, as the case may be, may deposit the excess, at interest, in a savings account in any reputable commercial bank or federally insured savings and loan association within the state. The savings account shall be in the name of the fund. Interest paid by the bank on deposits in the savings account shall be usable for recreation purposes:
(a) At the [hospital,] institute, if the interest has accrued on the fund deposited by the superintendent; or
(b) At the mental health center, if the interest has accrued on the fund deposited by the chief.
7. The superintendent may maintain at the [hospital] institute and the chief may maintain at the mental health center a petty cash fund of not more than $400 of the moneys in the patients personal deposit fund to enable patients to withdraw small sums from their accounts.
Sec. 50. NRS 433.451 is hereby amended to read as follows:
433.451 1. The superintendent or chief, as the case may be, is authorized to receive personal effects and property of committed persons for safekeeping if facilities are available for the proper storage and safeguarding of such property.
κ1973 Statutes of Nevada, Page 106 (CHAPTER 69, SB 189)κ
authorized to receive personal effects and property of committed persons for safekeeping if facilities are available for the proper storage and safeguarding of such property. If facilities are not available, the superintendent or chief may remove or cause to be removed such personal property from its location to commercial storage for the benefit of the committed person, and the expense of the removal and safekeeping shall be paid by funds of the committed person or from funds appropriated for the support of the [hospital] institute or mental health center, as the case may be.
2. When it is determined that the committed person is incurably ill, or that he will be required to remain at the [hospital] institute or mental health center for an extended period of time, such property may be sold for the benefit of the patient if not recovered by his legal representative. The sale price in each case shall be not less than 10 percent below the total value of such property when the total value is estimated to be $100 or more. Where the total value is estimated to be $100 or more, a qualified appraiser shall be appointed by the superintendent or chief to determine such value. When relatives are known they shall be advised of a pending sale of the property and shall be given first opportunity to purchase the property. Moneys realized from sales of such property shall be deposited at the [hospital] institute or mental health center in the same manner as other personal credits of committed persons are made.
Sec. 51. NRS 433.453 is hereby amended to read as follows:
433.453 Whenever any person committed to the [hospital] institute or mental health center dies and there is no demand made upon the superintendent or chief by such decedents legally appointed representative, all personal property of such decedent remaining in the custody or possession of the superintendent or chief thereof, pursuant to the provisions of this chapter, shall be held by him for a period of 1 year from the date of the decedents death for the benefit of the heirs, legatees or successors of such decedent. Upon the expiration of this period, all personal property and documents of the decedent, other than cash remaining unclaimed, in the possession of the superintendent or chief shall be disposed of as follows:
1. All deeds, contracts or documents shall be filed by the superintendent or chief with the public administrator of the committing county.
2. All other personal property shall be sold at public auction or upon a sealed bid basis, and the proceeds of the sale shall be applied to the decedents unpaid balance for costs incurred at the [hospital] institute or mental health center.
Sec. 52. NRS 433.455 is hereby amended to read as follows:
433.455 When any person committed to the [hospital] institute or mental health center is discharged and fails to recover or make arrangements to recover personal property in the custody of the superintendent or chief, such property shall be held in safekeeping for the benefit of the patient for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the superintendent or chief by such person or his legal representative, all such property may be considered as unclaimed property and be disposed of in the same manner as unclaimed property of deceased persons under the provisions of this chapter.
κ1973 Statutes of Nevada, Page 107 (CHAPTER 69, SB 189)κ
Sec. 53. NRS 433.457 is hereby amended to read as follows:
433.457 If, upon the death or release of a person committed to the [hospital] institute or mental health center, the value of unclaimed personal property in the possession of the superintendent or chief is so minimal that it cannot be sold at public auction or by sealed bid and if such property, either in its present condition or in an improved or adapted condition, cannot be used by the [hospital] institute or mental health center, the superintendent or chief may order such personal property destroyed.
Sec. 54. NRS 433.460 is hereby amended to read as follows:
433.460 1. When a committed person has money due or owing to him, the total of which does not exceed $300, the superintendent, if such person is committed to the [hospital] institute or the chief, if such person is committed to the mental health center, may collect the money from the debtor upon executing and delivering to him an affidavit containing:
(a) The name of the [hospital] institute or the mental health center, as the case may be.
(b) The name of the committed person.
(c) A statement that the total amount known to be due to the committed person does not exceed $300.
2. Moneys paid to the superintendent or chief shall be deposited by him in the patients personal deposit fund to be credited to the committed person, except as provided in NRS 433.235.
3. A receipt delivered by the superintendent or chief to the debtor shall constitute a good and sufficient release for the payment of the money made by a debtor pursuant to the provisions of this section and shall fully discharge the debtor from any further liability in reference to the amount so paid.
4. Payments due to a committed person from retirement programs, annuity plans, government benefits, insurance benefits or any other form of monetary benefits due and owing to such committed person may be collected by the superintendent or chief, upon notice to the agency or person responsible for such payments. Such moneys shall be deposited in the patients personal deposit fund pursuant to NRS 433.440.
Sec. 55. NRS 433.470 is hereby amended to read as follows:
433.470 Annually, at the end of each fiscal year, the superintendent shall account to the state treasurer on the status of the personal account of each person committed to the [hospital] institute and the chief shall do the same for such accounts of persons committed to the mental health center. The account shall be confirmed by a certificate of balance from the bank where funds are on deposit in commercial and savings accounts.
Sec. 56. NRS 433.480 is hereby amended to read as follows:
433.480 1. Claims by the [hospital] institute or mental health center against the estates of deceased persons may be presented to the executor or administrator in the manner required by law, and shall be paid as a preferred claim, ranking with claims for expenses of last illness. When a deceased person has been maintained at the [hospital] institute or mental health center at a rate of pay less than the maximum usually charged, or the [hospital] institute or mental health center has incurred other expenses for the benefit of the person for which full payment has not been made, the estate of the person, shall be liable, if the estate is discovered within 5 years after the persons death.
κ1973 Statutes of Nevada, Page 108 (CHAPTER 69, SB 189)κ
been made, the estate of the person, shall be liable, if the estate is discovered within 5 years after the persons death.
2. Any personal credit funds in possession of the [hospital] institute or mental health center during the life of the person shall be immediately applicable and transferred to the account for subsistence and care to the extent of the unpaid portion up to the maximum which would have been charged if funds had been available.
Sec. 57. NRS 433.500 is hereby amended to read as follows:
433.500 When the guardian or responsible relative [shall become] becomes unable to provide any longer for a committed person, upon a proper showing to the district court where the appointment of the guardian was made or where the person was committed, the court shall certify such fact to the superintendent, if the person is committed to the [hospital] institute, or to the chief if such person is committed to the mental health center. From the date of certification by the court, the superintendent or chief, as the case may be, shall release the guardian or responsible relative, as the case may be, from any further liability on account of his bond and further payments to the [hospital] institute or mental health center, and shall immediately transfer the committed person to the status of an indigent.
Sec. 58. NRS 433.515 is hereby amended to read as follows:
433.515 1. When it appears to the director that a patient committed to the mental health center cannot be benefited by further treatment and maintenance at the mental health center but for the benefit and protection of the patient additional hospitalization is necessary, such patient may be transferred to the [hospital.] institute.
2. The administrator of the division shall establish regulations under which a person who has been committed to any facility within the division may be transferred to other facilities, either public or private.
Sec. 59. NRS 433.530 is hereby amended to read as follows:
433.530 The superintendent or director, as the case may be, may authorize the transfer of a committed person to a general hospital for necessary diagnostic, medical or surgical services not available at the [Nevada state hospital] institute or mental health center. Such services shall be performed at a hospital designated by the superintendent or director, and in no case shall the patient be transported to the county charged with the costs of such patients hospitalization unless the superintendent or director, as the case may be, deems it convenient to the [hospital] institute or mental health center and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the [hospital] institute staff nor on the staff of the mental health center, whether rendered while the committed person is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in the case of an indigent patient, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than 1 year.
Sec. 60. NRS 433.537 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 109 (CHAPTER 69, SB 189)κ
433.537 1. Whenever the warden of the Nevada state prison and the administrator of the division determine that the facilities of the state prison, mental health center and [hospital] institute are inadequate for the detention and care of any mentally ill person confined at such prison, mental health center or [hospital,] institute, the warden or administrator of the division may request the state health officer to designate two physicians licensed under the provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine such person. If the two physicians concur in the opinion of the warden and the administrator, the warden or administrator may contract with appropriate corresponding authorities in any other state of the United States, having adequate facilities for such purposes, for the reception, detention, care or treatment of such persons. The two physicians designated by the state health officer shall receive a reasonable fee for their services based upon rates set by the Nevada industrial commission for similar services, which fee shall be paid by the institution in which the mentally ill person was originally confined.
2. Moneys to carry out the provisions of this section shall be provided by direct legislative appropriation.
Sec. 61. NRS 433.540 is hereby amended to read as follows:
433.540 The administrator of the division may contract with appropriate agencies of other states for the institutional care of patients found to be affected with active tuberculosis, and who have been committed to the [hospital] institute or mental health center under the provisions of this chapter. The cost of such care in another state shall be paid by those made responsible for such patients care under the order of commitment. The out-of-state institutional care of such patients who are indigent and have no relatives responsible for their care shall be paid by the state out of funds appropriated for the general support of the [hospital] institute if such person was a patient at the [hospital,] institute, or of the mental health center if such person was a patient there.
Sec. 62. NRS 433.550 is hereby amended to read as follows:
433.550 1. When a patient, hospitalized by court order, is discharged, written notice of such discharge shall be given to the county clerk of the county from which such patient was committed.
2. An indigent resident of this state discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county of his last residence. A non-resident indigent with such disabilities shall be returned to the county from which he was committed. The superintendent, if such person was committed to the [hospital,] institute, or the director, if such person was committed to the mental health center, shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county to which such person will be returned.
3. Delivery of the indigent resident defined in subsection 2 shall be made to an individual or agency authorized to provide further care.
4. Nothing contained in this section shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
κ1973 Statutes of Nevada, Page 110 (CHAPTER 69, SB 189)κ
5. The superintendent or the director, as the case may be, shall not discharge a patient known to have exhibited physical violence toward persons or property immediately prior to commitment and who was committed subject to further order of the court, without first giving notice in writing, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed. The superintendent or the director, as the case may be, may release the patient without obtaining further court orders.
Sec. 63. NRS 433.570 is hereby amended to read as follows:
433.570 1. The superintendent, if the patient is committed to the [hospital,] institute, or the director if the patient is committed to the mental health center, may conditionally release any patient when, in the judgment of the superintendent or director, such convalescent status is in the best interest of the patient and will not be detrimental to the public welfare.
2. When a committed patient is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the patient.
Sec. 64. NRS 433.580 is hereby amended to read as follows:
433.580 1. For the purpose of facilitating the return of nonresident patients to the state in which they have legal residence, the administrator of the division may enter into reciprocal agreements, consistent with the provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of such patients confined in, admitted or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the [Nevada state hospital] institute or the mental health center of any resident of this state when such permission in conformable to the provisions of this chapter governing admissions to the [hospital] institute or mental health center.
2. The county clerk and board of county commissioners of each county, upon receiving notice from the administrator of the division that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the administrator their findings as to the legal residence of the patient.
Sec. 65. NRS 433.590 is hereby amended to read as follows:
433.590 All expenses incurred for the purpose of returning a patient to the state in which he has legal residence shall be paid from the funds of such patient or by the relatives or persons responsible for his care and treatment under his commitment or admission. The expense of the return of patients committed or admitted as indigents may be paid by the state. The expense of returning residents of this state to the [Nevada state hospital] institute or mental health center shall not in any case be a charge against or paid by the State of Nevada.
Sec. 66. NRS 433.600 is hereby amended to read as follows:
433.600 The costs and expenses of returning such patients to the state in which they have residence, when assumed by the state, shall be advanced from funds appropriated for the general support of the [hospital] institute if such patient was committed to the [hospital] institute at the time of such transfer, or the mental health center, if such patient was committed to such institution at the time of such transfer, and shall be paid out on claims as other claims against the state are paid.
κ1973 Statutes of Nevada, Page 111 (CHAPTER 69, SB 189)κ
the time of such transfer, or the mental health center, if such patient was committed to such institution at the time of such transfer, and shall be paid out on claims as other claims against the state are paid.
Sec. 67. NRS 433.610 is hereby amended to read as follows:
433.610 1. Upon the death of a patient, any known relatives or friends of such patient shall be notified immediately of the fact of death.
2. The superintendent, if a deceased patient was committed to the [hospital,] institute, or the chief if such deceased patient was committed to the mental health center, shall provide a decent burial for any deceased patient at any cemetery without the [hospital] institute or mental health center grounds. The superintendent or chief, as the case may be, is authorized to enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as he deems proper, for such a decent burial. Where there are known relatives, and they are financially able, the cost of burial shall be borne by such relatives. Where there are no known relatives, the cost of such burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
3. When a committed person has income from a pension payable through the [hospital] institute or mental health center providing for funeral expenses, and has no guardian, the [hospital] institute or mental health center may obligate operating funds for funeral expenses in the amount due under the pension benefits.
Sec. 68. NRS 433.630 is hereby amended to read as follows:
433.630 1. Any person or employee of the [hospital] institute or mental health center is guilty of a misdemeanor who:
(a) Willfully abuses a patient of the [hospital] institute or mental health center; [or]
(b) Brings intoxicating beverages or a controlled substance as defined in chapter 453 of NRS into buildings occupied by patients unless specifically authorized or ordered to do so by the superintendent, chief or a staff physician; [or]
(c) Is under the influence of liquor, or a controlled substance as defined in chapter 453 of NRS, while employed in contact with patients, unless in accordance with a prescription issued to such person by a physician, podiatrist or dentist; [or]
(d) Enters into any transaction with a committed patient involving the transfer of money or property for personal use or gain at the expense of such committed patient; or
(e) Contrives the escape, elopement, or absence of a patient.
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 69. NRS 433.640 is hereby amended to read as follows:
433.640 1. Any person who shall sell, barter, exchange or in any manner dispose of any spirituous or malt liquor or beverage to any person lawfully confined in the [hospital] institute or mental health center is guilty of a gross misdemeanor.
κ1973 Statutes of Nevada, Page 112 (CHAPTER 69, SB 189)κ
2. This section shall not apply to any physician prescribing or furnishing any such liquor to any such person, when the liquor is prescribed or furnished for medicinal purposes only.
Sec. 70. NRS 433.650 is hereby amended to read as follows:
433.650 Chief means the chief administrative officer of the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 71. NRS 433.652 is hereby amended to read as follows:
433.652 Director means the medical director of the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 72. NRS 433.662 is hereby amended to read as follows:
433.662 Superintendent means the superintendent and medical director of the Nevada [state hospital.] mental health institute.
Sec. 73. NRS 433.667 is hereby amended to read as follows:
433.667 1. Any voluntary patient admitted to any hospital pursuant to NRS 433.665 who is 18 years of age or over is entitled at any time to obtain his release from such hospital by filing a written request with the chief of service. The chief of service shall, within a period of 48 hours after the receipt of any such request, release the voluntary patient making such request, unless proceedings for hospitalization under court order, pursuant to NRS 433.685 to 433.697, inclusive, have been initiated. In the case of any voluntary patient under the age of 18 years, the chief of service shall release such patient, according to the provisions of this section, upon the written request of his spouse, parent or legal guardian.
2. The chief of service may release any voluntary patient hospitalized pursuant to NRS 433.665 whenever he determines that such patient has recovered or that his continued hospitalization is no longer beneficial to him or advisable. Release pursuant to this subsection is subject to the prior approval of the superintendent, if such person is hospitalized at the Nevada [state hospital,] mental health institute, or the director if such person is hospitalized at the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 74. NRS 433.687 is hereby amended to read as follows:
433.687 Immediately after he receives any petition filed under NRS 433.685, the clerk of the district court shall transmit such petition to the appropriate district judge, who shall set a time and place for its hearing. The clerk shall thereupon cause a copy of the petition and a notice of the time and place of hearing to be served personally upon the person with respect to whom the petition was filed. When the person is being detained at the Nevada [state hospital, the Southern Nevada comprehensive] mental health institute, the Las Vegas mental health center or any other mental health facility of the State of Nevada, the hearing shall be held at such facility if at all possible.
Sec. 75. NRS 433.697 is hereby amended to read as follows:
433.697 1. If a person ordered committed to the Nevada [state hospital, the Southern Nevada comprehensive] mental health institute, the Las Vegas mental health center or other facility operated by the division by the court pursuant to NRS 433.695 is found by the court not to be a resident of the State of Nevada and to be a resident of another place, he shall be transferred to the state of his residence if an appropriate institution of that state is willing to accept him.
κ1973 Statutes of Nevada, Page 113 (CHAPTER 69, SB 189)κ
2. The approval of the administrator of the division shall be obtained before any transfer is made pursuant to subsection 1.
Sec. 76. NRS 433.699 is hereby amended to read as follows:
433.699 1. When a person is committed to a hospital under one of the various forms of commitment prescribed by law, the parent or parents of a mentally ill person who is a minor or the husband or wife or adult child of a mentally ill person, if of sufficient ability, and the estate of such mentally ill person, if such estate is sufficient for the purpose, shall pay the cost of such mentally ill persons maintenance, including treatment and surgical operations, in any hospital in which such person is hospitalized under the provisions of this chapter:
(a) To the superintendent, if such person is committed to the Nevada [state hospital;] mental health institute;
(b) To the chief, if such person is committed to the [Southern Nevada comprehensive] Las Vegas mental health center; or
(c) In all other cases, to the hospital rendering the service.
2. If such persons and estates liable for the care, maintenance and support of a committed person neglect or refuse to pay the superintendent, chief or the hospital rendering service, the state is entitled to recover, by appropriate legal action, all sums due plus interest at the rate of 7 percent per annum.
Sec. 77. NRS 433.7005 is hereby amended to read as follows:
433.7005 1. Once a court has committed a person to the [hospital or] Nevada mental health institute or the Las Vegas mental health center, the superintendent or chief shall make an investigation, pursuant to the provisions of this chapter, to determine whether or not such person or his relatives are capable of paying for all or a portion of the costs that will be incurred during such commitment.
2. If such investigation reveals that the committed persons estate or his relatives are capable of paying such costs, the superintendent or chief may petition the court of commitment to modify its original order and require that such estate or relatives pay such expenses if such order did not so provide, or such petition may request increased payments as a result of such investigation.
Sec. 78. NRS 433.7011 is hereby amended to read as follows:
433.7011 If at any time there is not sufficient money available in the estate of a committed person to pay the claims of the [hospital or] Nevada mental health institute or Las Vegas mental health center for his care, support, maintenance and other expenses therein, the court may on petition of the guardian of the estate, or if the guardian refuses or neglects to petition, on the petition of the superintendent or chief, make an order directing the guardian to sell so much of the other personal or real property, or both, in the persons estate as is necessary to pay for such expenses incurred at [the hospital] such institute or mental health center and also such other charges as are allowed by law.
Sec. 79. NRS 433.7013 is hereby amended to read as follows:
433.7013 Payment for the care, support, maintenance and other expenses of a person committed at the [hospital or] Nevada mental health institute or Las Vegas mental health center shall not be exacted from such persons estate if there is a likelihood of such persons recovery or release from [the hospital] such institute or mental health center and payment will reduce his estate to such an extent that he is likely to become a burden on the community in the event of his discharge from the [hospital] institute or mental health center.
κ1973 Statutes of Nevada, Page 114 (CHAPTER 69, SB 189)κ
center and payment will reduce his estate to such an extent that he is likely to become a burden on the community in the event of his discharge from the [hospital] institute or mental health center.
Sec. 80. NRS 433.7015 is hereby amended to read as follows:
433.7015 1. If the superintendent or chief has reason to believe that a person is suffering from a chronic form of mental illness and will probably be hospitalized until death, he shall file a certificate with the county clerk of the county of commitment.
2. Such certificate shall be prima facie evidence that such person is not likely to recover or be released from the [hospital or] Nevada mental health institute or Las Vegas mental health center and the guardian shall pay the amount due for his care, support, maintenance and expenses at [the hospital] such institute or mental health center and such other charges as are allowed by law out of any moneys of the estate in his possession.
Sec. 81. NRS 433.703 is hereby amended to read as follows:
433.703 1. Any order issued pursuant to NRS 433.701:
(a) Shall require the payment of such sums to the superintendent or the chief, as the case may be, annually, semiannually, quarterly or monthly as the court may direct.
(b) May be enforced, as provided in chapter 31 of NRS, against any property of the mentally ill person or the person liable or undertaking to maintain him.
2. All sums received by the superintendent or chief pursuant to subsection 1 shall be deposited in the state treasury and may be expended by the division for the support of the Nevada [state hospital or the Southern Nevada comprehensive] mental health institute or the Las Vegas mental health center in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 82. NRS 433.713 is hereby amended to read as follows:
433.713 1. Any patient hospitalized pursuant to a court order obtained under NRS 433.695, or his attorney, legal guardian, spouse, parent or other nearest adult relative, is entitled, upon the expiration of 90 days following such order and not more frequently than every 6 months thereafter, to request, in writing, the chief of service of the hospital in which the patient is hospitalized to have a current examination of his mental condition made by one or more physicians. If the request is timely it shall be granted. The patient is entitled, at his own expense, to have any duly qualified physician participate in such examination. In the case of any such patient who is indigent, the department of health, welfare and rehabilitation shall, upon the written request of such patient, assist him in obtaining a duly qualified physician to participate in such examination in the patients behalf. Any such physician so obtained by such indigent patient shall be compensated for his services out of any unobligated funds of such department in an amount determined by it to be fair and reasonable.
2. If the chief of service, after considering the reports of the physicians conducting such examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or others if not hospitalized, the chief of service shall order the immediate release of the patient.
κ1973 Statutes of Nevada, Page 115 (CHAPTER 69, SB 189)κ
release of the patient. However, if the chief of service, after considering such reports, or another physician examining the patient, determines that such patient continues to be mentally ill to the extent that he is likely to injure himself or others if not hospitalized, but one or more of the physicians participating in such examination reports that the patient is not mentally ill to such extent, the patient may petition the court for an order directing his release. Such petition shall be accompanied by the reports of the physicians who conducted the examination of the patient.
3. Release pursuant to subsection 2 is subject to the prior approval of the superintendent, if the patient is committed to the Nevada [state hospital,] mental health institute, or of the director if such patient is committed to the [Southern Nevada comprehensive] Las Vegas mental health center.
Sec. 83. NRS 433.717 is hereby amended to read as follows:
433.717 1. The chief of service of a public or private hospital shall as often as practicable, but not less often than every 6 months, examine or cause to be examined each patient admitted to any such hospital pursuant to NRS 433.695, and if he determines on the basis of such examination that the conditions which justified the involuntary hospitalization of such patient no longer exist, the chief of service shall immediately release such patient.
2. Release pursuant to subsection 1 shall be subject to the approval of the superintendent if such patient is committed to the Nevada [state hospital,] mental health institute, or of the director if such patient is committed to the [Southern Nevada comprehensive] Las Vegas mental health center.
3. Nothing in subsections 1 and 2 shall be construed to prohibit any person from exercising any right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
4. If a patient has been committed, until further order of the court, the superintendent or the director, as the case may be, shall give written notice to such court 10 days prior to the release of such patient, and the superintendent or director, as the case may be, may authorize such release without requiring further orders of the court.
Sec. 84. NRS 435.075 is hereby amended to read as follows:
435.075 The administrator of the division shall establish regulations under which a mentally retarded child who has been committed to the Nevada [state hospital] mental health institute may be transferred to a cottage type group care facility.
Sec. 85. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator of the division is authorized to receive and care for mentally retarded children of the State of Nevada in a facility operated by the division when:
(a) A person is properly committed to the care of the administrator of the division; or
(b) Admission of children not over the age of 21 years is requested by a parent, parents or guardian upon application to the administrator of the division,
and [either under a judicial commitment as provided in paragraph (a) or in a voluntary admission as provided in paragraph (b),] space is available in a facility operated by the division which is designed and equipped to treat the patient seeking admission.
κ1973 Statutes of Nevada, Page 116 (CHAPTER 69, SB 189)κ
or in a voluntary admission as provided in paragraph (b),] space is available in a facility operated by the division which is designed and equipped to treat the patient seeking admission.
2. A minor child over 2 years of age may be received, cared for and examined at the Nevada [state hospital] mental health institute without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the superintendent shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the superintendents report.
Sec. 86. NRS 435.085 is hereby amended to read as follows;
435.085 The superintendent of the Nevada [state hospital,] mental health institute, if a mentally retarded child is committed to such [hospital,] institute, or the administrator of the division, if such child is admitted to another facility operated by the division, may authorize the transfer of a committed mentally retarded child to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada [state hospital] mental health institute or other type facility. Such services shall be performed at a hospital designated by the superintendent or administrator; and in no case shall the patient be transported to the county charged with the costs of such patients hospitalization unless the superintendent or administrator, as the case may be, deems it convenient to the [hospital] institute or other type facility, and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the [hospital] institute staff nor on the staff of the other type facility, whether rendered while the committed mentally retarded child is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in case the parents or guardian of the mentally retarded child are indigent or such child does not have an adequate estate, such charge shall be paid by the county from which the commitment was made.
Sec. 87. Chapter 436 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Division facility means any unit or subunit operated by the division.
Sec. 88. NRS 436.011 is hereby amended to read as follows:
436.011 [The division shall consist of:
1. The Nevada state hospital.
2. The Southern Nevada comprehensive mental health center.
3. Such other subdivisions as the administrator may, with the approval of the director of the department, from time to time establish.]
1. The division facilities providing mental health services shall be known as:
(a) Nevada mental health institute;
(b) Las Vegas mental health center;
(c) Henderson mental health center;
(d) Reno mental health center; and
(e) Rural clinics.
κ1973 Statutes of Nevada, Page 117 (CHAPTER 69, SB 189)κ
2. The division facilities providing services for mentally retarded persons shall be known as:
(a) Northern Nevada mental retardation center;
(b) Southern Nevada mental retardation center; and
(c) Nevada mental health institute.
3. Division facilities established in the future shall be named by the administrator, subject to the approval of the director of the department.
Sec. 89. NRS 436.013 is hereby amended to read as follows:
436.013 The administrator shall have the following powers and duties:
1. To serve as the executive officer of the division.
2. To make a biennial report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe.
3. To appoint a chief of the [Southern Nevada comprehensive] Las Vegas mental health center, who shall be selected pursuant to NRS 433.1223.
4. To employ, within the limits of available funds in accordance with the provisions of chapter 284 of NRS, such assistants and employees as may be necessary to the efficient operation of the division.
Sec. 90. NRS 444.330 is hereby amended to read as follows:
444.330 1. The health authority shall have supervision over the sanitation, healthfulness, cleanliness and safety of the following state institutions:
(a) Nevada state prison.
(b) Nevada [state hospital.] mental health institute.
(c) Nevada youth training center.
(d) Nevada state childrens home.
(e) Nevada girls training center.
(f) Public school gymnasiums.
(g) Every public school, and particularly those schools which participate in the school lunch program in the State of Nevada.
2. The state board of health is empowered to adopt, promulgate and enforce rules and regulations pertaining thereto as shall be deemed necessary to promote properly the sanitation, healthfulness, cleanliness and safety of such institutions.
3. The health authority shall inspect such institutions at least once each calendar year and whenever in his discretion he deems an inspection necessary to carry out the provisions of this section; but inspections of public schools and gymnasiums shall be made at least twice a year, such inspections to take place immediately preceding the opening of each new semester.
4. A report of the findings upon such inspection or inspections shall be made to the state board of health within 20 days following such inspection or inspections. The state board of health may from time to time, in its discretion, publish the reports of such inspections.
5. Any person or persons in charge of the institutions named in this section shall operate such institutions in conformity with the rules and regulations relating to sanitation, healthfulness, cleanliness and safety adopted and promulgated by the state board of health.
κ1973 Statutes of Nevada, Page 118 (CHAPTER 69, SB 189)κ
6. For the purpose of carrying out the provisions of this section the health authority shall have full power and authority to enter upon any and all parts of the premises of any of the institutions named in this section over which he has jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.
Sec. 91. NRS 502.077 is hereby amended to read as follows:
502.077 1. Notwithstanding any other provision of this Title, annually upon the payment of the fee prescribed by subsection 3, the department shall issue to the superintendent and medical director of the Nevada [state hospital] mental health institute not to exceed 30 special fishing permit badges for use only by patients in the Nevada [state hospital.] mental health institute.
2. Such permit badges shall:
(a) During the time a patient is fishing, be worn conspicuously on the front of his outer garment.
(b) Authorize a patient to fish during the open season if in the company of an employee of the Nevada [state hospital.] mental health institute.
(c) Be issued pursuant and subject to regulations prescribed by the commission.
(d) Contain the initials [NSH] NMHI and the number of the permit printed on the face of the permit badge.
3. The superintendent and medical director of the Nevada [state hospital] mental health institute shall pay, from the [state hospital] mental health institute gift fund, an annual fee of $1 for each permit badge issued by the department pursuant to this section.
4. It is unlawful for any person other than a patient in the Nevada [state hospital] mental health institute to wear a permit badge issued by the department pursuant to this section.
Sec. 92. NRS 616.084 is hereby amended to read as follows:
616.084 Volunteer workers at the Nevada [state hospital,] mental health institute, while acting under the direction or authorization of the supervisor of volunteer services of the [hospital,] mental health institute, shall be deemed, for the purpose of this chapter, employees of the Nevada [state hospital] mental health institute in the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation, receiving a wage of $350 per month, and shall be entitled to the benefits of this chapter upon compliance therewith by the Nevada [state hospital.] mental health institute.
Sec. 93. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is added or further amended by another act:
1. If reference is made to the Nevada mental health institute by its former name as the Nevada state hospital, substitute the new name.
2. If reference is made to the Las Vegas mental health center by its former name as the Southern Nevada comprehensive mental health center, substitute the new name.
________
κ1973 Statutes of Nevada, Page 119κ
Senate Bill No. 45Committee on Federal, State and Local Governments
CHAPTER 70
AN ACT to amend NRS 218.682, relating to the affairs of the legislative commission, by providing per diem allowances and travel expenses for legislators serving on subcommittees and interim or special committees and removing a limitation upon salary.
[Approved March 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.682 is hereby amended to read as follows:
218.682 The legislative commission may:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments, and may pay annual dues to such organization out of the fund of the legislative counsel bureau. The legislative commission is designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
5. Establish such subcommittees and interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such subcommittees and interim or special committees shall be designated by the members of the legislative commission and may consist of members of the legislative commission and legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such subcommittees and interim or special committees who are not legislators shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law.
κ1973 Statutes of Nevada, Page 120 (CHAPTER 70, SB 45)κ
expense allowances and travel expenses as provided by law. Except as provided in NRS 218.680, members of such subcommittees and interim or special committees who are legislators shall receive out of the fund of the legislative counsel bureau a salary of $25 a day for each days attendance [. Such salary shall be payable for membership on one subcommittee or committee only.] and the per diem expense allowances and travel expenses as provided by law.
6. Supervise the functions assigned to the divisions of the bureau in this chapter.
________
Assembly Bill No. 180Messrs. Bennett, Crawford and Vergiels
CHAPTER 71
AN ACT relating to the definition of dependent child for purposes of aid to dependent children; amending the conditions of maximum age and school attendance; and clarifying the circumstances under which a child in foster care qualifies as a dependent child.
[Approved March 8, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to, or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child or dependent children, and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.
3. Board means the state welfare board.
4. Department means the department of health, welfare and rehabilitation.
5. Dependent child means: [a]
(a) A needy child under the age of [16] 18 years, or under the age of 21 years if found by the department to be regularly attending a school, [and obtaining a passing grade in his studies, until completion of high school or vocational school,] college or university, or regularly attending a course of vocational or technical training designed to fit him for gainful employment, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home; or [in a foster home, group care facility or other care center or institution.]
κ1973 Statutes of Nevada, Page 121 (CHAPTER 71, AB 180)κ
own home; or [in a foster home, group care facility or other care center or institution.]
(b) A child removed from the home of a relative designated in paragraph (a) after April 30, 1961, as a result of a judicial determination that continuance in the home of the relative would be contrary to his welfare for any reason, and who has been placed in foster care as the result of such determination, if the child was receiving aid to dependent children in or for the month in which the court action was initiated or would have received aid to dependent children if the application had been made, or who lived with a relative designated in paragraph (a) within 6 months prior to the month in which court action was initiated, and who would have received aid to dependent children in the month court action was initiated if he were still living with the relative and application for assistance had been made, provided the custody of such child has been placed with the welfare division by court order.
6. Director means the director of the department of health, welfare and rehabilitation.
7. Recipient means any person who has received or is receiving assistance.
8. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
________
Senate Bill No. 240Senator Gibson
CHAPTER 72
AN ACT authorizing the issuance by the City of Henderson of the citys bonds in not to exceed the aggregate principal amount of $2,100,000 to improve the city water system, to improve the city sanitary sewer system, to acquire parks and other recreational facilities, to improve, equip and acquire public buildings, and to acquire a storm sewer system; providing for the payment of the bonds and the interest thereon by the levy and collection of general (ad valorem) taxes; concerning other securities relating to such projects and such bonds; otherwise stating powers, duties, immunities, rights, privileges, liabilities, disabilities, other limitations and other details in connection therewith; and providing other matters properly relating thereto.
[Approved March 8, 1973]
Whereas, The city council of the City of Henderson, in the County of Clark and State of Nevada (sometimes designated in this act as the council, the city, the county and the state, respectively), caused to be submitted to, on the 22nd day of April, 1971, and there were approved by, the general obligation bond commission of the county, pursuant to NRS 350.001 to 350.006, inclusive, five proposals (sometimes designated in this act as the proposals) authorizing the council to issue and sell, in one series or more, the citys negotiable, coupon, general obligation bonds, in the maximum principal amount of $2,100,000, such bonds to be issued in:
(a) A principal amount of not exceeding $700,000 to defray wholly or in part the cost of improving the city water system, including without limitation the extension, betterment, alteration, reconstruction, repair and other improvement of water collection, treatment and distribution facilities and the acquisition of equipment, fixtures, structures, buildings and appurtenances and incidentals thereto (herein the water project),
κ1973 Statutes of Nevada, Page 122 (CHAPTER 72, SB 240)κ
or in part the cost of improving the city water system, including without limitation the extension, betterment, alteration, reconstruction, repair and other improvement of water collection, treatment and distribution facilities and the acquisition of equipment, fixtures, structures, buildings and appurtenances and incidentals thereto (herein the water project),
(b) A principal amount of not exceeding $400,000 to defray wholly or in part the cost of improving the city sanitary sewer system, including without limitation the extension, betterment, alteration, reconstruction, repair and other improvement of facilities for the collection, interception, transportation, treatment and disposal of sewage and the acquisition of fixtures, structures, buildings and appurtenances and incidentals thereto (herein the sanitary sewer project),
(c) A principal amount of not exceeding $635,000 to defray wholly or in part the cost of acquiring by purchase, construction, reconstruction, and in any other manner real property, facilities and equipment for parks, including without limitation swimming pools, playground equipment, other recreational facilities, structures and appurtenances and incidentals thereto (herein the parks and recreation project),
(d) A principal amount of not exceeding $250,000 to defray wholly or in part the cost of improving, equipping and acquiring by purchase, construction, reconstruction, and in any other manner public buildings to accommodate or house police and fire department activities, including without limitation structures, fixtures, furniture and all types of property therefor and appurtenances and incidentals thereto (herein the public building project),
(e) A principal amount of not exceeding $115,000 to defray wholly or in part the cost of acquiring by purchase, construction, reconstruction, installation and in any other manner facilities for the collection, interception, transportation and disposal of rainfall and other storm waters including without limitation canals, ditches and other artificial watercourses and appurtenances and incidentals thereto, including real and other property therefor (herein the storm sewer project); and
Whereas, The council of the City of Henderson ordered the submission of, and there were submitted, at the general municipal election held in the city on Tuesday, the 8th day of June, 1971, (herein sometimes designated as the election), to the duly qualified electors of the city, the proposals:
(a) A proposal authorizing the City of Henderson to incur an indebtedness by the issuance at one time or from time to time of the citys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $700,000, or so much thereof as may be necessary, for the purpose of improving the city water system, including without limitation the extension, betterment, alteration, reconstruction, repair and other improvement of water collection, treatment and distribution facilities and the acquisition of equipment, fixtures, structures, buildings and appurtenances and incidentals thereto, such bonds to bear interest at a rate or rates of not exceeding 7 percent per annum, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 20 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) of not more than 7 percent annum to maturity, and otherwise in such manner, upon such terms and conditions with such covenants and agreements, and with such other detail as the city council may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium and for securing additionally the payment of bonds by pledging all or any part of the revenues of the water system,
κ1973 Statutes of Nevada, Page 123 (CHAPTER 72, SB 240)κ
an effective interest rate (including any sale discount) of not more than 7 percent annum to maturity, and otherwise in such manner, upon such terms and conditions with such covenants and agreements, and with such other detail as the city council may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium and for securing additionally the payment of bonds by pledging all or any part of the revenues of the water system,
(b) A proposal authorizing the City of Henderson to incur an indebtedness by the issuance at one time or from time to time of the citys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $400,000, or so much thereof as may be necessary, for the purpose of improving the city sanitary sewer system, including without limitation the extension, betterment, alteration reconstruction, repair and other improvement of facilities for the collection, interception, transportation, treatment and disposal of sewage and the acquisition of fixtures, structures, buildings and appurtenances and incidentals thereto, such bonds to bear interest at a rate or rates of not exceeding 7 percent per annum, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 20 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) of not more than 7 percent per annum to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the city council may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium and for securing additionally the payment of bonds by pledging all or any part of the revenues of the sewer system,
(c) A proposal authorizing the City of Henderson to incur an indebtedness by the issuance at one time or from time to time of the citys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $635,000, or so much thereof as may be necessary, for the purpose of acquiring by purchase, construction, reconstruction, and in any other manner real property, facilities and equipment for parks, including without limitation swimming pools, playground equipment, other recreational facilities, structures and appurtenances and incidentals thereto, such bonds to bear interest at a rate or rates of not exceeding 7 percent per annum, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 20 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) of not more than 7 percent per annum to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the city council may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium,
κ1973 Statutes of Nevada, Page 124 (CHAPTER 72, SB 240)κ
(d) A proposal authorizing the City of Henderson to incur an indebtedness by the issuance at one time or from time to time of the citys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $250,000, or so much thereof as may be necessary, for the purpose of improving, equipping, and acquiring by purchase, construction, reconstruction, and in any other manner public buildings to accommodate or house police and fire department activities, including without limitation structures, fixtures, furniture and all types of property therefor and appurtenances and incidentals thereto, such bonds to bear interest at a rate or rates of not exceeding 7 percent per annum, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 20 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) of not more than 7 percent per annum to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the city council may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium,
(e) A proposal authorizing the City of Henderson to incur an indebtedness by the issuance at one time or from time to time of the citys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $115,000, or so much thereof as may be necessary, for the purpose of acquiring by purchase, construction, reconstruction, installation and in any other manner facilities for the collection, interception, transportation and disposal of rainfall and other storm waters including without limitation canals, ditches and other artificial watercourses and appurtenances and incidentals thereto, including real and other property therefor, such bonds to bear interest at a rate or rates of not exceeding 7 percent per annum, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 20 years therefrom, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) of not more than 7 percent per annum to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the city council may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and
Whereas, Each of said proposals were approved by a majority voting thereon of the duly qualified electors of the city; and
Whereas, A legal question may exist concerning certain election irregularities which occurred at the general municipal election held in the City of Henderson on Tuesday, the 8th day of June, 1971, the appropriate resolution of which may in part turn upon factual considerations incapable of resolution prior to the issuance of any such bonds; and
Whereas, It is declared, as a matter of legislative determination, that the legislature by this act desires to remove any legal impediments caused by election irregularities, to the issuance of the proposed bonds and to defraying the cost of each of the water project, the sanitary sewer project, the parks and recreation project, the public building project, and the storm sewer project (herein the projects); now, therefor:
κ1973 Statutes of Nevada, Page 125 (CHAPTER 72, SB 240)κ
by election irregularities, to the issuance of the proposed bonds and to defraying the cost of each of the water project, the sanitary sewer project, the parks and recreation project, the public building project, and the storm sewer project (herein the projects); now, therefor:
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The city, acting by and through the council, in addition to the powers elsewhere conferred upon the city, is by this act authorized and empowered, without the necessity of further notice to or approval by the general obligation bond commission and without the necessity of another election or other or further preliminaries, to issue the citys bonds, as provided in each of the proposals but modified to conform with the provisions of this act, bearing interest at a rate or rates of not exceeding 7 percent per annum, payable from taxes (except to the extent any other moneys are available for such payment), and being issued and sold at, above or below par at an effective interest rate (including any sale discount) of not exceeding 7 percent per annum, in an aggregate principal amount of not exceeding $2,100,000 (bonds issued for any of the five projects may be combined in the same series with bonds issued for any other of the projects, or may be issued as one or more separate series) or such lesser amount as may be determined by the council, to defray, wholly or in part, the cost of the projects.
Sec. 2. The council may additionally secure the payment of the general obligation bonds issued for the water project by a pledge of all or any part of the revenues of the water system and the council may additionally secure the payment of the general obligation bonds issued for the sanitary sewer project by a pledge of all or any part of the revenues of the sewer system, or any combination thereof.
Sec. 3. The council may effect the projects at any time or from time to time, on the behalf and in the name of the city.
Sec. 4. The city shall not deliver any bonds authorized by this act after the expiration of 6 years from its effective date.
Sec. 5. Except as otherwise provided in this act, the council, as it may determine from time to time, on the behalf and in the name of the city, may borrow money, otherwise become obligated and evidence such obligations by the issuance of bonds and other securities of the city, constituting its general obligations, and in connection with the projects or any facilities pertaining thereto, the council may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 6. The powers conferred by this act shall be in addition 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 under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law (except to the extent of any conflict of any provision therein with this act). 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. This act being necessary to secure and preserve the public health, safety, convenience and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which this act is intended.
κ1973 Statutes of Nevada, Page 126 (CHAPTER 72, SB 240)κ
health, safety, convenience and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which this act is intended.
Sec. 8. The exercise of any power herein authorized by the council upon behalf of the city has been determined, and is hereby declared, to effect a public purpose; and the projects herein authorized each shall effect a public purpose.
Sec. 9. 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. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 114Committee on Transportation
CHAPTER 73
AN ACT relating to drivers licenses; enabling the department of motor vehicles to require an examination as a condition to reinstatement of a suspended license; and providing other matters properly relating thereto.
[Approved March 8, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.480 is hereby amended to read as follows:
483.480 1. The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon written notice of at least 5 days to the licensee require him to submit to an examination. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under NRS 483.360 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be ground for suspension or revocation of his license.
2. The department shall require that a licensee submit to the examination provided in NRS 483.330 as a condition to reinstatement, after any suspension of his license.
Sec. 2. NRS 483.500 is hereby amended to read as follows:
483.500 The department upon suspending or revoking a license shall require that such license shall be surrendered to and be retained by the department, except that at the end of the period of suspension such license so surrendered or an appropriate replacement license shall be returned to the licensee [.] , upon his satisfactorily completing the examination required under NRS 483.480.
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κ1973 Statutes of Nevada, Page 127κ
Assembly Bill No. 237Committee on Ways and Means
CHAPTER 74
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of settling a specific claim after certain contingencies are met.
[Approved March 8, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of NRS 41.037 or any other law, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state board of examiners for the specific purpose of making an administrative settlement of a claim of Fred and Diane Silva, if the attorney general recommends such a settlement, the board of examiners allows and approves the amount, and a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 17Mr. Dreyer
CHAPTER 75
AN ACT to amend NRS 450.070, relating to elections; eliminating the requirement that no more than three members of boards of hospital trustees be residents of the community in which the hospital is located; requiring residency in the district from which the trustee is elected; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.070 is hereby amended to read as follows:
450.070 1. The board of hospital trustees for the public hospital shall consist of five trustees, who shall:
(a) Be residents of the county or counties concerned, [but not more than three shall be residents of the city or town in which the hospital is to be located. In Carson City, all trustees shall be residents of Carson City.] except for trustees running for election in subdistricts provided in subsection 2, who shall be residents of such subdistrict.
(b) Be elected from the hospital trustee districts as provided in [subsection 2.] subsections 2 and 3.
2. In any county whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustee districts are hereby created as follows:
(a) Subdistrict A shall consist of assembly districts Nos. 7, 18 and 19; enumeration districts Nos. 242, 243B, 243D, 244, 247B, 248, 291, 292, 293 and 294 in assembly district No.
κ1973 Statutes of Nevada, Page 128 (CHAPTER 75, AB 17)κ
293 and 294 in assembly district No. 17 and enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 297, 299, 300, 301A, 301B and 302 in assembly district No. 20.
(b) Subdistrict B shall consist of assembly districts Nos. 1, 2, 3, 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.
(c) Subdistrict C shall consist of assembly districts Nos. 5, 10, 13, 15 and enumeration districts Nos. 126, 127, 128, 129, 165A and 166 in assembly district No. 8.
(d) Subdistrict D shall consist of assembly districts Nos. 14, 16, 21 and 22; enumeration districts Nos. 240, 277, 278, 296 and 298 in assembly district No. 17 and enumeration district No. 290 in assembly district No. 20.
(e) Subdistrict E shall consist of assembly districts Nos. 6, 9, 11, 12 and enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 and 123 in assembly district No. 8.
3. In other counties:
(a) Whose population is less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected for terms of 4 years in the same manner as other county officers are elected. [No more than three members of the board shall be residents of the city or town in which the hospital is located.]
(b) In any county whose population is 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected from the county at large for terms of 4 years.
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Assembly Bill No. 60Mr. Glover
CHAPTER 76
AN ACT relating to the division of forestry of the state department of conservation and natural resources; consolidating certain funds into the division of forestry account in the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 527.230 is hereby amended to read as follows:
527.230 [1. There is hereby created in the state treasury for the use of the state forester in carrying out the provisions of NRS 527.130 to 527.230, inclusive, a trust fund to be known as the forest pest control fund.
2.] 1. All moneys received by the state forester for the purposes of NRS 527.130 to 527.230, inclusive, including all moneys collected pursuant to NRS 527.200, shall be deposited in the [forest pest control fund.]
κ1973 Statutes of Nevada, Page 129 (CHAPTER 76, AB 60)κ
NRS 527.130 to 527.230, inclusive, including all moneys collected pursuant to NRS 527.200, shall be deposited in the [forest pest control fund.] division of forestry account.
[3.] 2. Costs of administration of NRS 527.130 to 527.230, inclusive, shall be paid from the [forest pest control fund] division of forestry account on claims presented by the state forester in the manner other claims against the state are paid.
[4.] 3. No moneys [in the forest pest control fund] received pursuant to subsection 1 shall be used for any purpose except to carry out the provisions of NRS 527.130 to 527.230, inclusive.
Sec. 2. NRS 528.100 is hereby amended to read as follows:
528.100 1. In order to aid agriculture, conserve water resources, renew the timber supply, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, and farm woodlots on lands in the State of Nevada, the state forester firewarden is authorized and directed to act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and individuals for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production of forest tree seeds and plants.
2. The state forester firewarden is authorized to receive money contributions from cooperators under the cooperative agreement, such contributions to be paid into the [state treasury as a special fund which is hereby appropriated and made available until expended for use in conducting the state activities authorized by this section.] division of forestry account in the general fund in the state treasury.
Sec. 3. As soon as practicable after July 1, 1973, the state forester firewarden shall transfer all moneys currently on deposit in the funds abolished by sections 1 and 2 of this act as follows:
1. The moneys in the forest pest control fund shall be transferred to the division of forestry account in the general fund in the state treasury.
2. The moneys in the nurseries special fund shall be transferred to the division of forestry account in the general fund in the state treasury.
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κ1973 Statutes of Nevada, Page 130κ
Assembly Bill No. 90Committee on Transportation
CHAPTER 77
AN ACT increasing the fees for dealer, manufacturer and rebuilder license plates for motorcycles, trailers and semitrailers; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.490 is hereby amended to read as follows:
482.490 There shall be paid to the department for each manufacturer, dealer or rebuilder license plate, or pair of plates, in lieu of any other fees specified in this chapter, fees according to the following schedule, which fees shall be paid at the time application is made for such plates:
For each plate or pair of plates for motor vehicles [other than] , including motorcycles.............................................................................................. $5.50
[For plates for motorcycles:
For the first plate............................................................................... 5.00
For each additional number plate................................................... 2.00]
For plates for trailers and semitrailers [:].................................................... 5.50
[For the first plate.............................................................................. 5.00
For each additional number plate................................................... 2.00]
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Senate Bill No. 19Committee on Judiciary
CHAPTER 78
AN ACT relating to the commission on crimes, delinquency and corrections; eliminating the narcotic and dangerous drug division; transferring certain of the divisions powers and functions to the department of law enforcement assistance and the investigation and narcotics division; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 216 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The department of law enforcement assistance may accept:
1. Funds appropriated and made available by any Act of Congress for any program administered by the department or any of its divisions as provided by law.
2. Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for any program administered by the department or any of its divisions as provided by law.
3. Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the department or any of its divisions as provided by law.
κ1973 Statutes of Nevada, Page 131 (CHAPTER 78, SB 19)κ
for any program administered by the department or any of its divisions as provided by law.
Sec. 3. Every sheriff and chief of police shall furnish to the department, on forms prepared by the department, all information obtained in the investigation or prosecution of any person who has allegedly violated any criminal law of this state when in the investigation of such violation it appears that there is some connection with controlled substances, as defined in chapter 453 of NRS, or dangerous drugs.
Sec. 4. NRS 216.245 is hereby amended to read as follows:
216.245 The chief of the investigation and narcotics division shall:
1. Furnish criminal investigative services, including the interrogation of persons by use of polygraph, upon the request of the attorney general or any sheriff, chief of police or district attorney of the State of Nevada.
2. Promote and operate programs to disseminate information to the people of this state concerning the dangers of [narcotic and dangerous drug use.] the use of controlled substances, as defined in chapter 453 of NRS, and dangerous drugs.
3. Provide, in cooperation with the chief of the identification and communications division, a system of recording all information received by the division relating to persons who have alleged connections with organized crime or have some connection with the violations of [narcotic or dangerous drug laws.] laws regulating controlled substances, as defined in chapter 453 of NRS, or dangerous drugs.
4. Arrange for the purchase of [narcotic] controlled substances, as defined in chapter 453 of NRS, and dangerous drugs when such purchase is necessary in the investigation of offenses concerning [such drugs.] them.
5. Procure from district and city attorneys, the warden of the state prison, the superintendents of juvenile detention facilities, the chief administrative officers of hospitals and institutions for the care of the mentally ill, from juvenile probation officers and from every sheriff and chief of police and from any other reliable source information concerning violators of [narcotic or dangerous drug laws] laws regulating controlled substances, as defined in chapter 453 of NRS, or dangerous drugs, and their character, background, probable motivations, circumstances of arrest, modus operandi and other pertinent information.
6. Enforce the provisions of chapter 453 of NRS.
7. Furnish, upon application from a law enforcement agency, all information pertaining to any person of whom there is a record.
Sec. 5. NRS 216.300, 216.310, 216.320, 216.330, 216.340, 216.350, 216.360, 216.370, 216.380, 216.390, 216.400, 216.410 and 216.420 are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 132κ
Assembly Bill No. 293Committee on Ways and Means
CHAPTER 79
AN ACT making appropriations from the general fund in the state treasury to the travel revolving fund account.
[Approved March 13, 1973]
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 the sum of $30,000 to the travel revolving fund account created pursuant to NRS 281.171.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 171Messrs. Demers, Howard and Dini
CHAPTER 80
AN ACT relating to the Nevada Code of Military Justice; defining terms; delineating the composition of courts-martial; prescribing qualifications of military judges; providing procedural rules for conduct of courts-martial; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.198 is hereby amended to read as follows:
412.198 As used in the Nevada Code of Military Justice the words and terms defined in NRS 412.202 to 412.252, inclusive, and sections 3 and 4 of this act shall, unless the context otherwise requires, have the meaning ascribed to them in such sections.
Sec. 2. Chapter 412 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. Military judge means an official of a general or special court-martial, who is a commissioned officer and who is licensed to practice law in the State of Nevada.
Sec. 4. Staff judge advocate means a commissioned officer responsible for supervising the administration of military justice within a command.
Sec. 5. NRS 412.264 is hereby amended to read as follows:
412.264 1. The governor, on the recommendation of the adjutant general, shall appoint an officer of the Nevada National Guard as state judge advocate. To be eligible for appointment, an officer must be [a member of the State Bar of Nevada and must have been a member of the State Bar of Nevada] licensed to practice law in the State of Nevada, and must have been so licensed for at least 5 years.
2. The adjutant general may appoint as many assistant state judge advocates as he deems necessary, which assistant state judge advocates shall be officers of the Nevada National Guard and [members of the State Bar of Nevada.]
κ1973 Statutes of Nevada, Page 133 (CHAPTER 80, AB 171)κ
shall be officers of the Nevada National Guard and [members of the State Bar of Nevada.] licensed to practice law in the State of Nevada.
3. The state judge advocate or his assistants shall make frequent inspections in the field for supervision of the administration of military justice.
4. Convening authorities shall at all times communicate directly with their staff judge advocate or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
5. No person who has acted as member, [law officer,] military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case, may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
Sec. 6. NRS 412.304 is hereby amended to read as follows:
412.304 1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.
2. [The three kinds of courts-martial] Courts-martial shall be constituted as follows:
(a) General courts-martial [, consisting of a law officer] consisting of:
(1) A military judge and not less than five members; or
(2) A military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge, and after consultation with defense counsel, requests in writing, a court composed only of a military judge, provided the military judge approves. A court composed only of a military judge is not available to one accused of an offense punishable by death, except when the case has been referred to a trial as a noncapital case.
(b) Special courts-martial [, consisting of] consisting of:
(1) A military judge and not less than three members; [and] or
(2) A military judge alone, if the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests.
(c) Summary courts-martial, consisting of one commissioned officer.
Sec. 7. NRS 412.334 is hereby amended to read as follows:
412.334 1. [The authority convening a general court-martial shall detail as law officer thereof a commissioned officer who is a member of the bar of a state, or a member of the bar of a federal court, and who is certified to be qualified for such duty by the state judge advocate. No person shall be eligible to act as law officer in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
2. The law officer may not consult with the members of the court, other than on the form of the findings as provided in NRS 412.366, except in the presence of the accused, trial counsel and defense counsel, nor may he vote with the members of the court.]
κ1973 Statutes of Nevada, Page 134 (CHAPTER 80, AB 171)κ
nor may he vote with the members of the court.] The authority convening a general or special court-martial shall request the state judge advocate to detail a military judge.
2. No person may act as military judge in a case wherein he is the accuser, a witness for the prosecution, counsel or has acted as investigating officer.
3. The military judge may not consult with the members of the court except in the presence of the accused and trial and defense counsel, nor may he vote with the members of the court.
Sec. 8. NRS 412.342 is hereby amended to read as follows:
412.342 1. No member of a general or special court-martial [shall] may be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
2. Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the [law officer,] military judge, the accused and counsel.
3. Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
Sec. 9. NRS 412.366 is hereby amended to read as follows:
412.366 [Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial has finally voted on the findings, the court may request the law officer and the reporter to appear before the court to put the findings in proper form, and those proceedings shall be on the record. All other proceedings, including any other consultation of the court with counsel or the law officer, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and, in general court-martial cases, the law officer.]
1. At any time after the service of charges, which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:
(a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(b) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or decision by the members of the court;
(c) Holding the arraignment and receiving the pleas of the accused; or
(d) Performing any other procedural function which may be performed by the military judge which does not require the presence of the members of the court.
κ1973 Statutes of Nevada, Page 135 (CHAPTER 80, AB 171)κ
of the court. These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.
2. Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
Sec. 10. NRS 412.368 is hereby amended to read as follows:
412.368 [A court-martial] The military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
Sec. 11. NRS 412.372 is hereby amended to read as follows:
412.372 1. [Members] The military judge and members of a general or special court-martial [and the law officer of a general court-martial] may be challenged by the accused or the trial counsel for cause stated to the court. The [court] military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall [ordinarily] be presented and decided before those by the accused are offered [.] , unless justice dictates otherwise.
2. Each accused and the trial counsel is entitled to one peremptory challenge, but the [law officer] military judge may not be challenged except for cause.
Sec. 12. NRS 412.374 is hereby amended to read as follows:
412.374 1. The [law officer,] military judge, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
2. Each witness before a military court shall be examined on oath or affirmation.
Sec. 13. NRS 412.384 is hereby amended to read as follows:
412.384 1. The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with department regulations.
2. [The president of a court-martial or a summary court officer shall have the power of a district court of this state to:] The military judge or a summary court officer may:
(a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b) Issue subpenas duces tecum and other subpenas;
(c) Enforce by attachment the attendance of witnesses and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence [shall] may run to any part of the state [.]
κ1973 Statutes of Nevada, Page 136 (CHAPTER 80, AB 171)κ
[shall] may run to any part of the state [.] and may be executed by military personnel designated by the court-martial, or by civil officers as prescribed by the laws of the State of Nevada.
Sec. 14. NRS 412.396 is hereby amended to read as follows:
412.396 1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
2. [The law officer of a general court-martial and the president of a special court-martial shall rule upon interlocutory questions, other than challenge, arising during the proceedings. Any such ruling made by the law officer of a general court-martial or by the president of a special court-martial who is a member of the State Bar of Nevada upon any interlocutory question of accuseds sanity is final and constitutes the ruling of the court. However, the law officer or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in NRS 412.398, beginning with the junior in rank.
3.] Before a vote is taken on the findings, [the law officer of a general court-martial and the president of a special court-martial] and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
(c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
3. If the court-martial is composed of a military judge alone, he shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. He shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.
Sec. 15. NRS 412.404 is hereby amended to read as follows:
412.404 1. Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signatures of the president and the [law officer.] military judge. If the record cannot be authenticated by either the president or the [law officer,] military judge, by reason of his [death, disability or] absence, it shall be signed by a member in lieu of him. If both the president and the [law officer] military judge are unavailable, the record shall be authenticated by two members.
κ1973 Statutes of Nevada, Page 137 (CHAPTER 80, AB 171)κ
the record shall be authenticated by two members. A record of the proceedings of a trial in which the sentence adjudged includes a bad-conduct discharge or is more than that which could be adjudged by a special court-martial shall contain a complete verbatim account of the proceedings and testimony before the court. All other records of trial shall contain such matter and be authenticated in such manner as the governor may, by department regulation, prescribe.
2. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 1, the accused may buy such a record in accordance with department regulations.
Sec. 16. NRS 412.228 is hereby repealed.
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Assembly Bill No. 204Committee on Government Affairs
CHAPTER 81
AN ACT to repeal NRS 244.675, relating to the annual financial audit of fair and recreation boards.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.675 is hereby repealed.
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Senate Bill No. 84Committee on Transportation
CHAPTER 82
AN ACT requiring rebuilders and scrap processors to maintain records of vehicles dismantled or wrecked; providing penalties for noncompliance; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 487.170 is hereby amended to read as follows:
487.170 [Any] Every licensed automobile wrecker [desiring to dismantle or wreck any vehicle] , rebuilder or scrap processor shall maintain a record of all vehicles dismantled or wrecked, which shall contain the name and address of the person from whom the vehicle was purchased or acquired and the date thereof, the registration number last assigned to the vehicle and a brief description of the vehicle, including, insofar as the data may exist with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
κ1973 Statutes of Nevada, Page 138 (CHAPTER 82, SB 84)κ
data may exist with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The record shall be open to inspection during business hours by any peace officer or investigator of the department.
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Assembly Bill No. 13Mr. Dreyer
CHAPTER 83
AN ACT relating to elections; clarifying certain provisions for the use of voting machines; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293A.175 is hereby amended to read as follows:
293A.175 The voting devices for the candidates at primary elections shall be arranged in separate parallel party lines, one or more lines for each party, and in parallel office rows transverse thereto, and for general elections shall conform as nearly as practicable to the form of ballot provided for general elections. [where voting machines are not used.]
Sec. 2. NRS 293A.460 is hereby amended to read as follows:
293A.460 1. The election board shall, before they adjourn, post conspicuously on the outside of the [polling] place of tabulation a copy of the result of the votes cast [at the polling place.] in the precinct or district. The copy of the result shall be signed by the election board. [and attested by the clerk.]
2. If [the] a machine is provided with a recording device, the statement of return of votes cast produced by operating its mechanism may be considered the result of the votes cast [at the polling place.] on that machine.
Sec. 3. NRS 293A.515 is hereby amended to read as follows:
293A.515 The election board shall enclose the keys of the machine in an envelope, which shall be supplied by the officials, on which envelope they shall write the number of the machine, the number on the seal, the number registered on the protective counter, and the precinct [and other] or district where it has been used. They shall securely seal, endorse, and return the envelope to the officer from whom the keys were received.
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κ1973 Statutes of Nevada, Page 139κ
Assembly Bill No. 77Committee on Government Affairs
CHAPTER 84
AN ACT relating to appointment of handicapped persons in the state personnel system; establishing procedures for certification of such persons for temporary limited appointments; modifying the requirements and conditions applicable to such appointments; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.327 is hereby amended to read as follows:
284.327 1. [Notwithstanding any other provisions of this chapter, in order to assist handicapped persons, appointing authorities are encouraged and authorized to make temporary limited appointments of handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. Such appointments need not be made from appropriate eligible lists, but positions in the classified service above class grade 25 or their equivalent shall not be filled by such temporary limited appointments. All such handicapped appointees shall possess the qualifications for the positions to which they are appointed.] Notwithstanding any other provisions of this chapter, in order to assist handicapped persons certified by the rehabilitation division of the department of health, welfare and rehabilitation, appointing authorities are encouraged and authorized to make temporary limited appointments of such certified handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. Such certified handicapped persons shall be placed on appropriate eligible lists as defined in NRS 284.250, but they shall not be placed on such lists for positions in the classified service above a class grade which is equal to the majority of trainee or entry level classes in the professional series as determined by the personnel division. All such handicapped persons shall possess the training and experience necessary for the positions for which they are certified. The rehabilitation division shall be notified of an appointing authoritys request for an eligible list on which the names of one or more certified handicapped persons appear. A temporary limited appointment of a certified handicapped person pursuant to this section shall constitute such persons examination as required by NRS 284.215.
2. The chief shall prescribe rules and regulations to implement the provisions of subsection 1.
3. Nothing contained in this section shall be construed to deter or prevent appointing authorities from employing:
(a) Physically handicapped persons when available and eligible for permanent employment.
(b) Handicapped persons employed pursuant to the provisions of subsection 1 in permanent employment if such persons qualify for permanent employment before the termination of their temporary limited appointments.
4. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, such 700 hours or a portion thereof shall count toward such employees probationary period.
κ1973 Statutes of Nevada, Page 140 (CHAPTER 84, AB 77)κ
appointed to a permanent position during or after the 700-hour period, such 700 hours or a portion thereof shall count toward such employees probationary period.
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Assembly Bill No. 93Committee on Transportation
CHAPTER 85
AN ACT enlarging the class of persons who may sign vehicle inspection certificates needed for the registration of specially constructed, reconstructed and foreign vehicles; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.220 is hereby amended to read as follows:
482.220 1. If the vehicle to be registered shall be a specially constructed, reconstructed or foreign vehicle, such fact shall be stated in the application; and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicants possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.
2. Such application shall be accompanied by a motor vehicle inspection certificate signed by a representative of the department or [an owner or employee of any service station designated by the department as one of its authorized inspection agents.] , as one of the departments authorized agents, by:
(a) A peace officer;
(b) A dealer;
(c) A rebuilder;
(d) An automobile wrecker; or
(e) A garageman or a service station operator or attendant, so designated in writing by the director.
3. The department or any of its authorized inspection agents shall be entitled to charge $1 for inspection of any such vehicle.
________
κ1973 Statutes of Nevada, Page 141κ
Senate Bill No. 123Senators Young, Hecht, Swobe, Raggio and Wilson
CHAPTER 86
AN ACT to amend NRS 278.160, relating to master plans, by adding as a category in the overall master plan a seismic safety plan.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.160 is hereby amended to read as follows:
278.160 1. The master plan, with the accompanying maps, diagrams, charts, descriptive matter and reports, shall include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.
(b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The plan shall also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils, beaches, and shores, and protection of watersheds.
(c) Economic plan. Showing recommended schedules for the allocation and expenditure of public funds in order to provide for the economical and timely execution of the various components of the plan.
(d) Housing. Survey of housing conditions and needs and plans and procedure for improvement of housing standards and for the provision of adequate housing.
(e) Land use plan. An inventory and classification of natural land types and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.
(f) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(g) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor.
(h) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(i) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(j) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of street naming or numbering, and house numbering, with recommendations concerning proposed changes.
κ1973 Statutes of Nevada, Page 142 (CHAPTER 86, SB 123)κ
building line setbacks, and a system of street naming or numbering, and house numbering, with recommendations concerning proposed changes.
[(j)] (k) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.
[(k)] (l) Transportation plan. Showing a comprehensive transportation system, including locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, shall be deemed to prohibit the preparation and adoption of any such subject as a part of the master plan.
________
Assembly Bill No. 173Messrs. Demers, Howard, Dini and Hayes
CHAPTER 87
AN ACT relating to the Nevada Code of Military Justice; providing for certain changes in the qualifications for counsel at general and special courts-martial.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.336 is hereby amended to read as follows:
412.336 1. For each general and special court-martial the authority convening the court shall [detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, law officer or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a general court martial must be:
(a) A person who is a member of the bar of the highest court of a state, or a member of the bar of federal court; and
(b) Certified as competent to perform such duties by the state judge advocate.
3. In the case of a special court-martial:
(a) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
(b) If the trial counsel is a member of the bar of the highest court of a state, the defense counsel detailed by the convening authority must have the same qualifications.]
κ1973 Statutes of Nevada, Page 143 (CHAPTER 87, AB 173)κ
the same qualifications.] request the state judge advocate to detail trial and defense counsel and such assistants as he considers appropriate.
2. No person who has acted as investigating officer, law officer or court member may thereafter act as trial counsel or assistant trial counsel in the same case.
3. Unless requested by the accused, no person who has acted as investigating officer, law officer or court member may thereafter act as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.
________
Senate Bill No. 122Committee on Federal, State and Local Governments
CHAPTER 88
AN ACT relating to condemnation of real property for federally funded projects; requiring relocation payments, advisory assistance and procedural protections for displaced persons and property owners; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 28 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 35, inclusive, of this act.
Sec. 2. This chapter may be cited as the Relocation Assistance and Real Property Acquisition Policies Act.
Sec. 3. It is the purpose of this chapter to establish a uniform policy for the fair and equitable treatment of persons displaced or whose property is acquired for state and local governmental programs and projects funded in whole or in part by the Federal Government where the establishment and enforcement of such policy is required by federal law or regulation.
Sec. 4. As used in this chapter, unless a different meaning clearly appears in the context, the words and terms defined in sections 5 to 12, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Business means any lawful activity, except a farm operation, conducted primarily:
1. For the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing or marketing of products, commodities or any other personal property;
2. For the sale of services to the public;
3. By a nonprofit organization; or
4. Solely for the purpose of subsection 1 of section 14 of this act, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of these activities are conducted.
κ1973 Statutes of Nevada, Page 144 (CHAPTER 88, SB 122)κ
marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of these activities are conducted.
Sec. 6. Displaced person means any person who moves from real property, or who moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of a written order from a public body to vacate the real property for public use.
Sec. 7. Farm operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operators support.
Sec. 8. Mortgage means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby.
Sec. 9. Person means any individual, partnership, corporation, or association.
Sec. 10. Public body means the state or any county, city, town, district or other political subdivision or public corporation in this state when acquiring real property or any interest therein for public use, except the department of highways of the State of Nevada.
Sec. 11. Public use means a use for which real property may be acquired by eminent domain.
Sec. 12. Relocation payment means any payment to a person pursuant to sections 14, 15 or 16 of this act.
Sec. 13. 1. The provisions of this chapter apply exclusively to public bodies undertaking or administering programs or projects for which federal financial assistance is received to pay all or any part of the cost of such program or project.
2. Except as otherwise or additionally provided in this chapter, a public body may conduct proceedings to acquire real property for public use in accordance with the provisions of chapter 37 of NRS or other applicable law.
Sec. 14. 1. As a part of the cost of acquisition of real property for a public use, a public body shall compensate a displaced person for his:
(a) Actual and reasonable expense in moving himself, family, business, or farm operation, including moving personal property.
(b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the public body.
(c) Actual and reasonable expenses in searching for a replacement business or farm.
2. Any displaced person who moves from a dwelling who elects to accept payments authorized by this subsection in lieu of the payments authorized by subsection 1 shall receive a moving expense allowance, determined according to a schedule established by the public body, not to exceed $300, and in addition a dislocation allowance of $200.
κ1973 Statutes of Nevada, Page 145 (CHAPTER 88, SB 122)κ
3. Any displaced person who moves or discontinues his business or farm operation who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection 1, shall receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall not be less than $2,500 nor more than $10,000. In the case of a business, no payment shall be made under this subsection, unless the public body is satisfied that the business cannot be relocated without a substantial loss of patronage and is not a part of a commercial enterprise having at least one other establishment not being acquired, which is engaged in the same or similar business. For purposes of this subsection, the term average annual net earnings means one-half of any net earnings of the business, or farm operation, before federal, state, and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property being acquired, or during such other period as the public body determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such two-year or such other period. To be eligible for the payment authorized by this subsection, the business or farm operation shall make available its financial statements and accounting records for audit for confidential use to determine the payment authorized by this subsection.
4. Whenever the acquisition of, or the written order of a public body to vacate, real property used for a business or farm operation causes the person conducting the business or farm operation to move from other real property, or to move his personal property from other real property, such person shall receive payments for moving and related expenses under subsection 1 or 2 of this section and relocation advisory assistance under section 17 of this act for moving from such other property.
Sec. 15. 1. In addition to the payments required by section 14 of this act, the public body, as a part of the cost of acquisition, shall make a payment to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than 180 days prior to the initiation of negotiation for the acquisition of the property.
2. Such payment, not to exceed $15,000, shall be based on the following factors:
(a) The amount, if any, which, when added to the acquisition payment, equals the reasonable cost of a comparable replacement dwelling determined, in accordance with standards established by the public body, to be a decent, safe and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment, and available on the private market.
(b) The amount, if any, which will compensate such displaced person for any increased interest costs which he is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the acquired dwelling was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the initiation of negotiations for the acquisition of such dwelling.
κ1973 Statutes of Nevada, Page 146 (CHAPTER 88, SB 122)κ
dwelling. The amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located.
(c) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
3. Such payment shall be made only to such a displaced person who purchases and occupies a replacement dwelling that meets standards established by the public body within one year subsequent to the later of the date on which he moves from the dwelling acquired by the public body, or the date on which he receives from the public body final payment of all costs of the dwelling acquired by the public body.
Sec. 16. 1. In addition to the payments required by section 14 of this act, as a part of the cost of acquisition, the public body shall make a payment to any displaced person who is displaced from any dwelling not eligible to receive a payment under section 15 of this act which was actually and lawfully occupied by such person for not less than 90 days prior to the initiation of negotiation by the public body for the acquisition of such property.
2. Such payment, not to exceed $4,000, shall be the additional amount which is necessary to enable such person to lease or rent for a period not to exceed four years, or to make the down payment (including incidental expenses described in paragraph (c) of subsection 2 of section 15 of this act) on the purchase of, a decent, safe and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities.
3. If the payment is to be used as a down payment for the acquisition of a decent, safe and sanitary dwelling of such standards, the payment shall not exceed $2,000, unless the amount in excess thereof is equally matched by such person.
Sec. 17. 1. A public body shall provide relocation advisory assistance to any person, business or farm operation displaced because of the acquisition of real property by that public body for public use. If the public body determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer such person relocation advisory assistance.
2. In giving such assistance, the public body may establish local relocation advisory assistance offices to assist in obtaining replacement facilities for persons, businesses and farm operations which find that it is necessary to relocate because of the acquisition of real property by the public body.
3. Such advisory assistance shall include:
(a) Determining the need, in any, of displaced persons for relocation assistance.
κ1973 Statutes of Nevada, Page 147 (CHAPTER 88, SB 122)κ
(b) Providing current and continuing information on the availability, prices, and rentals of comparable decent, safe and sanitary housing for displaced persons, and of comparable commercial properties and locations for displaced businesses.
(c) Assuring that, within a reasonable period of time, prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their places of employment, except when a waiver of this requirement is obtained from the Federal Government.
(d) Assisting a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location.
(e) Supplying information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons.
(f) Providing other advisory services to displaced persons in order to minimize hardships to such persons.
4. The public body shall coordinate its relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public bodies in the community or nearby areas which may affect the implementation of its relocation assistance program.
Sec. 18. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, a public body may enter into a contract with any individual, firm, association or corporation for services in connection with such program, or may carry out its functions under this chapter through any federal, state or local governmental agency having an established organization for conducting relocation assistance programs. Any public body may, in carrying out its relocation assistance activities, utilize the services of state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities.
Sec. 19. 1. Relocation payments and assistance required pursuant to this chapter shall be in accordance with rules and regulations adopted by the governing board or appropriate officer of the public body for programs or projects undertaken or administered by such body. The governing board or officer shall consider federal rules and regulations relating to relocation assistance and may adopt provisions thereof deemed necessary and desirable and not in conflict with the laws of this state.
2. Such rules and regulations shall provide that relocation payments and assistance shall be administered in a manner that is fair and reasonable and as uniform as practicable. The rules and regulations shall also provide that the payments shall be made as promptly as possible or, in hardship cases, in advance.
Sec. 20. 1. Any person aggrieved by a determination as to eligibility for a relocation payment or as to the amount of such a payment is entitled to a review of the determination by:
κ1973 Statutes of Nevada, Page 148 (CHAPTER 88, SB 122)κ
for a relocation payment or as to the amount of such a payment is entitled to a review of the determination by:
(a) The governing body, in the case of a payment by a county, city, town, district or other political subdivision or public corporation.
(b) The state board of examiners, in the case of a payment by the state.
2. The decision of the reviewing authority is final.
Sec. 21. 1. Funds appropriated or otherwise available to any public body for the acquisition of real property or any interest therein or improvement thereon for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project.
2. If a public body acquires real property, and state financial assistance is available to pay the cost, in whole or part, of the acquisition of that real property, or of the improvement for which the property is acquired, the cost to the public body of providing the payments and services prescribed by this chapter shall be included as part of the costs of the project for which state financial assistance is available and the public body shall be eligible for state financial assistance for relocation payments and services in the same manner and to the same extent as other project costs.
Sec. 22. No relocation payment received pursuant to this chapter shall be considered as income or resources for the purposes of determining eligibility or extent of eligibility of any person for public assistance, or assistance under any state law, and the payment shall not be deducted from the amount of assistance to which such person would otherwise be entitled.
Sec. 23. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in public programs and to promote public confidence in governmental land acquisition practices, public bodies to which the provisions of this chapter apply shall, to the greatest extent practicable, be guided by the provisions of sections 24 to 33, inclusive, of this act.
Sec. 24. 1. The public body shall make every reasonable effort to acquire expeditiously real property by negotiation.
2. Real property shall be appraised before the initiation of negotiations, and the owner, or his designated representative, shall be given an opportunity to accompany the appraiser during his inspection of the property.
3. Before the initiation of negotiations for real property, the public body shall establish an amount which it believes to be just compensation therefor, and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the public bodys approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant, will be disregarded in determining the compensation for the property.
κ1973 Statutes of Nevada, Page 149 (CHAPTER 88, SB 122)κ
for the property. The public body shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.
Sec. 25. No owner shall be required to surrender possession of real property before the public body pays the agreed purchase price, or deposits with the court, for the benefit of the owner, an amount not less than the public bodys approved appraisal of the fair market value of such property, or the amount of the award of compensation in the proceeding to condemn such property.
Sec. 26. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm operation, without at least 90 days written notice from the public body of the date by which such move is required.
Sec. 27. If the public body permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, or for a period subject to termination by the public body on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.
Sec. 28. In no event shall the public body either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.
Sec. 29. If any interest in real property is to be acquired by exercise of the power of eminent domain, the public body shall institute formal condemnation proceedings. No public body shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.
Sec. 30. If the acquisition of only a portion of a property would leave the remaining portion in such a shape or condition as to constitute an uneconomic remnant, the public body shall offer to and may acquire the entire property if the owner so desires.
Sec. 31. 1. When acquiring any interest in real property, the public body shall acquire at least an equal interest in all buildings, structures or other improvements located upon the real property so acquired and which it requires to be removed from such real property or which it determines will be adversely affected by the use to which such real property will be put.
2. (a) For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired by subsection 1 of this section, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term, and the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
κ1973 Statutes of Nevada, Page 150 (CHAPTER 88, SB 122)κ
market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(b) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release to the public body all his right, title, and interest in and to such improvements. This subsection does not deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection.
Sec. 32. As soon as practicable after the earlier of the date of payment of the purchase price or the date of deposit in court of the award of compensation in a proceeding to condemn real property, the public body shall reimburse the owner, to the extent the public body deems fair and reasonable, for the following expenses:
1. Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the public body;
2. Penalty costs for prepayment of any preexisting recorded mortgage encumbering such real property entered into in good faith; and
3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the earlier of the date of vesting title in the public body, or the effective date of possession of such real property by the public body.
Sec. 33. 1. The court having jurisdiction of a proceeding instituted by a public body to condemn real property shall order payment by the public body to the owner of any right, title to, or interest in, such real property of a sum which will reimburse such owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceeding, if:
(a) The final judgment is that the public body cannot condemn the real property; or
(b) The proceeding is abandoned by the public body.
2. In any proceeding brought against a public body to recover compensation for the taking of property, when such compensation is awarded to the plaintiff, the court, or the public body effecting a settlement of any such proceeding, shall award or allow to such plaintiff, as a part of the judgment or settlement, a sum which will reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.
Sec. 34. This chapter does not create in any proceeding brought under the power of eminent domain any element of damages not in existence on the date of enactment of this chapter.
Sec. 35. 1. This chapter does not limit any other authority or duty which a public body may have to make payments or render assistance to persons displaced by programs or projects to which this chapter does not apply.
κ1973 Statutes of Nevada, Page 151 (CHAPTER 88, SB 122)κ
2. Notwithstanding the provisions of this chapter, a public body may make relocation payments or render assistance in an amount or to an extent in excess of or different from that authorized by this chapter if to do so is required under federal law or regulation to secure federal funds.
Sec. 36. NRS 37.100 is hereby amended to read as follows:
37.100 1. [The] Subject to the provisions of section 26 of this act, if applicable, the plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.
2. The court or a judge thereof shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
3. If the motion is granted, the court or judge, except as otherwise provided by section 25 of this act, if applicable, shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification.
4. In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of such money to the defendant shall not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited shall be conditioned upon the waiver of all defenses except those relating to the amount of compensation.
5. The amount of the penal bond or the deposit shall be for the purpose of the motion only and shall not be admissible in evidence on final hearing.
κ1973 Statutes of Nevada, Page 152 (CHAPTER 88, SB 122)κ
6. The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.
7. The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada, except as otherwise provided by section 25 of this act, if applicable, is hereby pledged as security in lieu of the bond. The provisions of this subsection shall not be construed to prevent the State of Nevada from depositing, in lieu of a pledge of the public faith and credit, with the clerk of the court a sum equal to the value of the premises plus any damages as appraised by the state.
Sec. 37. NRS 37.170 is hereby amended to read as follows:
37.170 1. At any time after the entry of judgment, or pending an appeal by either party from the judgment to the supreme court, whenever the plaintiff shall have paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property shall not be finally taken for public use, the plaintiff, if already in possession, may continue therein, and if not, the court shall, upon motion of the plaintiff, authorize the plaintiff, subject to the provisions of section 26 of this act, if applicable, to take possession of and use the property during the pendency of and until the final conclusion of the litigation, and shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof. The plaintiff shall not be held to have abandoned or waived the right to appeal from the judgment by paying into court the amount of the judgment and such further sum as may be required by the court and taking possession of the property pursuant to this subsection.
2. The defendant, who is entitled to the money paid into court for him upon any judgment, shall be entitled to demand and receive the same at any time thereafter upon obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by such defendant and notice to all parties, order and direct that the money so paid into court for him be delivered to him upon his filing a satisfaction of the judgment, or upon his filing a receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant, as aforesaid, shall be held to be an abandonment by such defendant of all defenses interposed by him, excepting his claim for greater compensation.
3. If the amount of the compensation awarded upon final judgment exceeds the sum paid into court, the court shall enter judgment against the plaintiff and in favor of the defendant for the amount of the excess with interest thereon. If the amount of the compensation awarded upon final judgment is less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess with interest thereon.
Sec. 38. NRS 37.180 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 153 (CHAPTER 88, SB 122)κ
37.180 1. Plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment, by serving on defendants and filing in court a written notice of such abandonment. Upon such abandonment, on motion of any party, a judgment shall be entered dismissing the proceedings and awarding the defendants their costs and disbursements, which shall include all necessary expenses incurred in preparing for trial [and reasonable attorney fees.] , reasonable attorney fees and those additional items set forth in subsection 1 of section 33 of this act, if applicable. These costs and disbursements [, including necessary expenses and reasonable attorney fees,] may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions; but upon judgment of dismissal on motion of plaintiff, any or all defendants may file a cost bill within 30 days after notice of entry of such judgment.
2. If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 or 37.170, the defendant is entitled to all damages arising from such occupancy of the abandoned property.
Sec. 39. NRS 37.190 is hereby amended to read as follows:
37.190 [Costs] Except as otherwise provided by subsection 1 of section 33 of this act, if applicable, costs may be allowed or not, and if allowed may include a maximum of $350 for appraisal reports used at the trial and $150 for fees of expert witnesses who testify at the trial, and may be apportioned between the parties on the same or adverse sides, in the discretion of the court.
Sec. 40. Chapter 279 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Sections 2 to 36, inclusive, of this act shall be the exclusive authority for relocation payments and advisory assistance by an agency for a redevelopment project receiving federal financial assistance.
Sec. 41. NRS 279.478 is hereby amended to read as follows:
279.478 An agency may make relocation payments to or with respect to persons, including families, business concerns and others, displaced by a redevelopment project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made. [, including the making of such payments financed by the Federal Government.]
Sec. 42. NRS 340.160 is hereby amended to read as follows:
340.160 1. At any time at or after the filing of the petition referred to in NRS 340.050, and before the entry of final judgment, the petitioner may file with the clerk of the court a declaration of taking, signed by the duly authorized officer or agent of the petitioner, declaring that all or any part of the property described in the petition is to be taken for the use of the petitioner.
2. The declaration of taking shall be sufficient if it sets forth:
(a) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof.
(b) A statement of the estate or interest in the property being taken.
(c) A statement of the sum of money estimated by the petitioner to be just compensation for the property taken.
3. Upon the filing of the declaration of taking and the deposit in court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property specified in the declaration shall vest in the petitioner and the property shall be deemed to be condemned and taken for the use of the petitioner, and the right to just compensation for the same shall vest in the persons entitled thereto.
κ1973 Statutes of Nevada, Page 154 (CHAPTER 88, SB 122)κ
court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property specified in the declaration shall vest in the petitioner and the property shall be deemed to be condemned and taken for the use of the petitioner, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day (not exceeding 30 days after such filing, except upon good cause shown, or except as otherwise provided by section 26 of this act, if applicable,) on which the parties in possession shall be required to surrender possession to the petitioner. If the petitioner is an authorized corporation, the court, prior to directing surrender of possession to the petitioner, shall require such security to be given, in addition to the amount deposited in court, as will reasonably assure the payment of any amount ultimately determined as the compensation to be paid.
4. The ultimate amount of compensation shall be fixed in the manner heretofore specified. If the amount so fixed shall exceed the amount so deposited in court by the petitioner, the court shall enter judgment against the petitioner in the amount of such deficiency, together with interest at the rate of 6 percent per annum on such deficiency from the date of the vesting of title to the date of the entry of the final judgment (subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the petitioner), and the court shall order the petitioner to deposit the amount of such deficiency in court.
Sec. 43. NRS 340.170 is hereby amended to read as follows:
340.170 At any time prior to the vesting of title to the property in the petitioner, the petitioner, subject to the provisions of subsection 1 of section 33 of this act, if applicable, may withdraw or dismiss its petition with respect to any or all of the property therein described.
________
Assembly Bill No. 255Messrs. Dini, Glover, Ullom, Robinson, Bennett, Crawford, Schofield, Banner, Mrs. Gojack, Messrs. Vergiels, Bremner, Hickey, Barengo, Hayes, Craddock, Demers, Wittenberg, Prince, Mello, Dreyer, Mrs. Brookman, Messrs. Ashworth, Smalley, Getto, Jacobsen, Howard and Smith
CHAPTER 89
AN ACT relating to license plates for motor vehicles; providing special plates for members of the Nevada National Guard; and providing other matters properly relating thereto.
[Approved March 13, 1973]
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 a new section which shall read as follows:
1. An owner of a motor vehicle who is a resident of this state and is an enlisted or commissioned member of the Nevada National Guard may, upon signed application on a form prescribed and furnished by the department, signed by the members commanding officer and accompanied by proof of enlistment, be issued license plates upon which shall be inscribed NATL GUARD with four consecutive numbers.
κ1973 Statutes of Nevada, Page 155 (CHAPTER 89, AB 255)κ
department, signed by the members commanding officer and accompanied by proof of enlistment, be issued license plates upon which shall be inscribed NATL GUARD with four consecutive numbers. The applicant shall comply with the motor vehicle laws of this state, including the payment of the regular registration fees, as prescribed by this chapter. There shall be no additional fee for these special plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The plates may only be used on private passenger vehicles or noncommercial trucks having a rated capacity of 1 ton or less.
3. At least 10 days prior to a members discharge or retirement from the Nevada National Guard, the member shall surrender any such special plates in his possession to the department and, in lieu of such plates, is entitled to receive regular Nevada license plates.
4. The department may, after a hearing, adopt such rules and regulations as may be necessary for the proper administration of this section.
________
Assembly Bill No. 207Committee on Government Affairs
CHAPTER 90
AN ACT to amend NRS 354.460, clarifying law relating to transfers of funds remaining after a levy of a special tax.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.460 is hereby amended to read as follows:
354.460 1. At the first tax levy following the creation of any short-term indebtedness, the governing board of any political subdivision shall, when necessary, levy a tax sufficient to pay the same. The tax shall be designated County of .. Special Tax, City of . Special Tax, Town of . Special Tax, . School District Special Tax, . Agricultural Association Special Tax, or . District Special Tax, as the case may be, the proceeds of which shall be placed in a short-term debt service fund in the treasury of the county or city, or in a short-term debt service fund in the county treasury in the cases of towns, school districts, irrigation districts, special districts or agricultural associations, to be used solely for the purpose of redeeming the short-term indebtedness for which the same is levied.
2. The treasurer of any county is authorized, upon receipt of a written resolution of the governing board of any [entity] political subdivision for which a special tax fund is maintained, to transfer the money remaining in the short-term debt service fund of that [school district] political subdivision to the [school district fund] general fund of that political subdivision after payment in full of the indebtedness and the interest thereon.
κ1973 Statutes of Nevada, Page 156 (CHAPTER 90, AB 207)κ
subdivision after payment in full of the indebtedness and the interest thereon.
3. When short-term financing is made for the support of any lawfully organized county farm bureau, the county tax levied therefor shall be deemed the special tax within the provisions of this section. The proceeds thereof may be transferred to the state treasury when prescribed in any law providing for the transfer of county farm bureau funds to the state treasury, and the state controller is authorized to draw his warrant against such proceeds for the principal and interest of such short-term financing in favor of the holder of the note issued therefor, and the state treasurer shall pay the same.
________
Assembly Bill No. 68Messrs. Torvinen, Lowman and Fry
CHAPTER 91
AN ACT relating to criminal procedure; broadening the authority of peace officers to issue a misdemeanor citation in lieu of making an arrest in certain circumstances; providing regulations for the use of such citations; providing penalties; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, he shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate appearance before a magistrate;
2. When the person is detained pursuant to a warrant for his arrest;
3. When the person is arrested; or
4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give his written promise to appear in court as provided in section 4 of this act.
Sec. 3. Whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not required to be taken before a magistrate, the person shall, in the discretion of the peace officer, either be given a misdemeanor citation, or be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate when he does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe he will disregard a written promise to appear in court.
Sec. 4. 1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not taken before a magistrate as required or permitted by sections 2 and 3 of this act, the peace officer may prepare in quadruplicate a written misdemeanor citation in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city, or town, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary.
κ1973 Statutes of Nevada, Page 157 (CHAPTER 91, AB 68)κ
required or permitted by sections 2 and 3 of this act, the peace officer may prepare in quadruplicate a written misdemeanor citation in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city, or town, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation shall be signed by the peace officer.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
5. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a misdemeanor citation regardless of the disposition of the charge for which such citation was originally issued.
Sec. 5. 1. Every county, city or town law enforcement agency in this state shall provide in appropriate form misdemeanor citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of sections 2 to 9, inclusive, of this act.
2. The chief administrative officer of every such law enforcement agency shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the law enforcement agency and shall require and retain a receipt for every book so issued.
Sec. 6. 1. Every peace officer upon issuing a misdemeanor citation to an alleged violator of any provision of a county, city or town ordinance or of a state law which is punishable as a misdemeanor shall deposit the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense.
2. Upon the deposit of the original or a copy of such misdemeanor citation with a court having jurisdiction over the alleged offense, such original or copy of such misdemeanor citation may be disposed of only by trial in such court or other official action by a judge of such court.
3. It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a misdemeanor citation or copies thereof or of the record of the issuance of a misdemeanor citation in a manner other than as required in this section.
4. The chief administrative officer of every county, city or town law enforcement agency shall require the return to him of a copy of every misdemeanor citation issued by an officer under his supervision to an alleged misdemeanant and of all copies of every misdemeanor citation which has been spoiled or upon which any entry has been made and not issued to an alleged misdemeanant.
κ1973 Statutes of Nevada, Page 158 (CHAPTER 91, AB 68)κ
misdemeanor citation issued by an officer under his supervision to an alleged misdemeanant and of all copies of every misdemeanor citation which has been spoiled or upon which any entry has been made and not issued to an alleged misdemeanant.
5. Such chief administrative officer shall also maintain or cause to be maintained in connection with every misdemeanor citation issued by an officer under his supervision a record of the disposition of the charge by the court in which the original or copy of the misdemeanor citation was deposited.
Sec. 7. Every record of misdemeanor citations required by sections 2 to 9, inclusive, of this act shall be audited at least semiannually by the appropriate fiscal officer of the governmental agency to which the law enforcement agency is responsible.
Sec. 8. If the form of citation includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in the citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution.
Sec. 9. The provisions of sections 2 to 9, inclusive, of this act do not apply to those situations in which a person is detained by a peace officer for any violation of chapter 484 of NRS.
________
Assembly Bill No. 191Mr. Glover
CHAPTER 92
AN ACT authorizing and directing the state land register to convey certain land of the division of forestry to the United States; and providing other matters properly relating thereto.
[Approved March 13, 1973]
Whereas, On October 25, 1962, the United States of America conveyed to the division of forestry of the state department of conservation and natural resources, by Patent No. 1229338, certain land for fire protection and training facilities site purposes only; and
Whereas, The patent provided, among other things, that if the patentee attempts to transfer the title to another or devote the land to a use other than that for which the land was conveyed, without the consent of the Secretary of the Interior, the title shall revert to the United States; and
Whereas, The division of forestry of the state department of conservation and natural resources does not intend to use the land for fire protection and training site purposes; 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 232.158 or any other provision of law, the state land register, on behalf of the division of forestry of the state department of conservation and natural resources, shall convey to the United States of America, without consideration therefor, that certain property owned by the division of forestry and situated in the county of Washoe, State of Nevada, described as follows:
κ1973 Statutes of Nevada, Page 159 (CHAPTER 92, AB 191)κ
therefor, that certain property owned by the division of forestry and situated in the county of Washoe, State of Nevada, described as follows:
T. 20 N., R. 19 E., M.D.B. & M.
The S1/2 of the NE1/4 of the NE1/4;
The NW1/4 of the NE1/4 of the NE1/4; and
The N1/2 of the NE1/4 of the NE1/4 of the NE1/4; of section 21, containing 35 acres.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 16Mr. Dreyer
CHAPTER 93
AN ACT relating to elections; requiring that members of the state board of education be residents of the subdistrict from which they are elected or appointed; and providing other matters properly relating thereto.
[Approved March 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 385.021 is hereby amended to read as follows:
385.021 1. On July 1, 1971, the state board of education shall be composed of the seven members elected at the general election in 1970 and the two members, representative of labor and agriculture, appointed by the elected members of the board pursuant to law. The terms of the appointive members shall expire on January 1, 1973. If a vacancy occurs in the office of an appointive member between July 1, 1971, and January 1, 1973, the elected members shall fill the vacancy by the appointment of a new member without regard to representation of labor or agriculture for the remainder of the unexpired term but not beyond January 1, 1973.
2. On and after the 1st Monday in January 1973, the state board of education shall consist of nine lay members to be elected by the registered voters within the following districts:
(a) Washoe County shall be known as district No. 1. [, with two members of the board residing therein.]
(b) Clark County shall be known as district No. 2. [, with five members of the board residing therein.]
(c) The remainder of the state shall be known as district No. 3. [, with two members of the board residing therein.]
3. The board in existence on January 1, 1972, shall determine, by lot or otherwise, two members of such board whose terms will expire on January 1, 1973, making such determination in a manner best designed to effectuate the geographical districts established by NRS 385.022 and the staggered terms established by this section. The board shall also determine the particular subdistrict to be represented by each member.
κ1973 Statutes of Nevada, Page 160 (CHAPTER 93, AB 16)κ
4. For the general election in 1974 and thereafter each board member must be a resident of the subdistrict from which that member is elected as prescribed in NRS 385.022.
5. At the general election in 1972, and every 4 years thereafter:
(a) From district No. 1, one member of the board shall be elected for a term of 4 years.
(b) From district No. 2, two members of the board shall be elected for a term of 4 years.
(c) From district No. 3, one member of the board shall be elected for a term of 4 years.
[5.] 6. At the general election in 1974, and every 4 years thereafter:
(a) From district No. 1, one member of the board shall be elected for a term of 4 years.
(b) From district No. 2, three members of the board shall be elected for a term of 4 years.
(c) From district No. 3, one member of the board shall be elected for a term of 4 years.
[6.] 7. If a vacancy occurs on the state board of education from among the elected members, the governor shall appoint a member to fill the vacancy until the next general election, at which election a member shall be chosen for the balance of the unexpired term. The appointee must be a resident of the subdistrict where the vacancy occurs.
[7.] 8. No member of the state board of education may be elected to such office more than three times.
[8.] 9. No person who has been a member of the state board of education at any time prior to July 1, 1971, may be elected to the office again more than twice.
Sec. 2. NRS 385.022 is hereby amended to read as follows:
385.022 1. In district No. 1, created by NRS 385.021, one member shall be elected from each subdistrict hereby created: [, in which residence shall not be required:]
(a) Subdistrict A shall consist of assembly districts Nos. 23, 24, 25, 27 and 28.
(b) Subdistrict B shall consist of assembly districts Nos. 26, 29, 30, 31 and 32.
2. In district No. 2, created by NRS 385.021, one member shall be elected from each subdistrict hereby created: [, in which residence shall not be required:]
(a) Subdistrict A shall consist of assembly districts Nos. 7, 18 and 19; enumeration districts Nos. 242, 243B, 243D, 244, 247B, 248, 291, 292, 293 and 294 in assembly district No. 17 and enumeration districts Nos. 241, 249, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 288, 289, 297, 299, 300, 301A, 301B and 302 in assembly district No. 20.
(b) Subdistrict B shall consist of assembly districts Nos. 1, 2, 3, 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.
(c) Subdistrict C shall consist of assembly districts Nos. 5, 10, 13, 15 and enumeration districts Nos. 126, 127, 128, 129, 165A and 166 in assembly district No. 8.
κ1973 Statutes of Nevada, Page 161 (CHAPTER 93, AB 16)κ
(d) Subdistrict D shall consist of assembly districts Nos. 14, 16, 21 and 22; enumeration districts Nos. 240, 277, 278, 296 and 298 in assembly district No. 17 and enumeration district No. 290 in assembly district No. 20.
(e) Subdistrict E shall consist of assembly districts Nos. 6, 9, 11, 12 and enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 and 123 in assembly district No. 8.
3. In district No. 3, created by NRS 385.021, one member shall be elected from each subdistrict hereby created: [, in which residence shall be required:]
(a) Subdistrict A shall comprise the area of the state included within the Northern Nevada and Central Nevada senatorial districts.
(b) Subdistrict B shall comprise the area of the state included within the Western Nevada and Capital senatorial districts.
4. Assembly districts, senatorial districts and enumeration districts, as used in this section, refer to and have the meaning conferred by the appropriate provisions of chapter 218 of NRS.
________
Senate Bill No. 146Committee on Judiciary
CHAPTER 94
AN ACT specifying that preconviction time credit does not alter the beginning of a sentence of imprisonment; and directing the amount of such credit to be set forth in the judgment.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.055 is hereby amended to read as follows:
176.055 Whenever a sentence of imprisonment in the county jail or state prison is imposed, the court may in its discretion order that credit be allowed against the duration of such sentence, including any minimum term thereof which may be prescribed by law, for the amount of time actually spent by the defendant in confinement prior to conviction, unless such confinement was pursuant to a judgment of conviction for another offense. Credit allowed pursuant to this section does not alter the date from which the term of imprisonment is computed.
Sec. 2. NRS 176.105 is hereby amended to read as follows:
176.105 A judgment of conviction shall set forth the plea, the verdict or findings, [and] the adjudication and sentence [.] , and the exact amount of preconviction time credit granted pursuant to NRS 176.055 if any. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk.
________
κ1973 Statutes of Nevada, Page 162κ
Senate Bill No. 148Committee on Judiciary
CHAPTER 95
AN ACT to amend NRS 209.133, relating to peace officer powers of state prison personnel, by redefining those powers; and providing other matters properly relating thereto.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.133 is hereby amended to read as follows:
209.133 1. The warden, deputy warden [and] , correctional officers [of the Nevada state prison shall] and other employees of the state prison so designated by the warden have the powers and privileges of peace officers when [pursuing an escaped prisoner or returning him to the prison.] performing duties prescribed by the warden.
2. [Other employees of the Nevada state prison shall have the powers and privileges of peace officers while pursuing an escaped prisoner or returning him to the prison, if so directed by the warden.
3. Employees of the Nevada state prison shall have the powers of peace officers while transporting, escorting or exercising control over prisoners outside the confines of the prison.] For the purposes of subsection 1, the duties which may be prescribed by the warden include, but are not limited to, pursuit and return of escaped prisoners, transportation and escort of prisoners and the general exercise of control over prisoners within or outside the confines of the state prison.
________
Senate Bill No. 149Committee on Judiciary
CHAPTER 96
AN ACT to amend NRS 211.040, relating to transfer of prisoners from county jails, by requiring a report to be submitted to the warden of the state prison in certain cases; and providing other matters properly relating thereto.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 211.040 is hereby amended to read as follows:
211.040 1. Payment of expenses and the method of transporting a prisoner from a county jail to the state prison shall be as provided in chapter 209 of NRS. When a prisoner is transferred from the county jail to the state prison, the sheriff shall provide the warden of the state prison with a written report pertaining to medical, psychiatric, behavioral or criminal aspects of the prisoners history. This report may be based upon observations of the prisoner while confined in the county jail and shall note in particular any medication or medical treatment administered in the jail, including type, dosage and frequency of administration.
κ1973 Statutes of Nevada, Page 163 (CHAPTER 96, SB 149)κ
2. Except as provided in subsection 1, the sheriff, either by himself, his deputy, or by one or more of his jailers, shall transfer all prisoners within his county to whatever place of imprisonment the sentence of the court may require, at as early a date after the sentence as practicable. For that purpose the board of county commissioners are required to furnish, out of the county treasury, all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which shall be added mileage for each officer, at the rate of 20 cents per mile, one way only.
3. The provisions of subsection 2 shall be applicable in cases where prisoners are taken from county jails to be tried at any courts in other counties.
________
Assembly Bill No. 104Committee on Taxation
CHAPTER 97
AN ACT relating to the Nevada tax commission; enabling the commission to write off uncollectible taxes; and providing other matters properly relating thereto.
[Approved March 14, 1973]
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 a new section which shall read as follows:
The tax commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such sums. The tax commission shall establish a master file containing the information removed from its official records by this section.
________
Assembly Bill No. 59Mr. Glover
CHAPTER 98
AN ACT to amend NRS 209.196, relating to the honor camp fund, by abolishing the fund; transferring the honor camp fund to the division of forestry account in the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved March 14, 1973]
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.]
κ1973 Statutes of Nevada, Page 164 (CHAPTER 98, AB 59)κ
[2.] 1. 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] division of forestry account.
[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.] 2. 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] received pursuant to subsection 1 for:
(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. As soon as practicable after July 1, 1973, the state forester firewarden shall transfer all moneys currently on deposit in the honor camp fund to the division of forestry account in the general fund in the state treasury, as created by section 1 of this act.
________
Assembly Bill No. 190Mr. Glover
CHAPTER 99
AN ACT authorizing and directing the state land register to convey certain state land to the United States; and providing other matters properly relating thereto.
[Approved March 14, 1973]
Whereas, On March 10, 1959, the United States of America conveyed to the State of Nevada, by Patent No. 1193451, certain land for recreational and public purposes only; and
Whereas, The patent provided, among other things, that if the land is devoted to a use other than that for which it is conveyed, the title shall revert to the United States; and
Whereas, Contemplated state highway location prevents any continued usage of the land compatible with the patent restrictions; 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 232.158 or any other provision of law, the state land register, on behalf of the State of Nevada, shall convey to the United States of America, without consideration therefor, that certain property owned by the State of Nevada and situated in the county of Washoe, State of Nevada, described as follows:
κ1973 Statutes of Nevada, Page 165 (CHAPTER 99, AB 190)κ
Nevada, shall convey to the United States of America, without consideration therefor, that certain property owned by the State of Nevada and situated in the county of Washoe, State of Nevada, described as follows:
T. 18 N., R. 19 E., M.D.B. & M.
Section 25, W1/2 SW1/4 SW1/4 SW1/4;
Section 26, S1/2 SE1/4 SE1/4 SE1/4;
Section 36, N1/2 NW1/4 NW1/4 NW1/4;
containing 15 acres.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 112Committee on Transportation
CHAPTER 100
AN ACT relating to drivers licenses; clarifying the law relating to the effect and validity of drivers licenses.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.510 is hereby amended to read as follows:
483.510 Any resident or nonresident whose drivers license or right or privilege to drive a motor vehicle in this state has been suspended or revoked, as provided in NRS 483.010 to 483.630, inclusive, shall not drive a motor vehicle in this state under a license, permit or registration certificate issued by any other jurisdiction, or otherwise, during such suspension or after such revocation until a [new] license is obtained when and as permitted under NRS 483.010 to 483.630, inclusive.
Sec. 2. NRS 483.530 is hereby amended to read as follows:
483.530 It is a misdemeanor for any person:
1. To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained drivers license; [or any license issued under any prior laws;]
2. To alter, forge, substitute, counterfeit or use an unvalidated drivers license;
3. To lend his drivers license to any other person or knowingly permit the use thereof by another;
4. To display or represent as ones own any drivers license not issued to him;
5. To fail or refuse to surrender to the department upon its lawful demand any drivers license which has been suspended, revoked or canceled;
6. To use a false or fictitious name in any application for a drivers license or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application;
κ1973 Statutes of Nevada, Page 166 (CHAPTER 100, SB 112)κ
7. To permit any unlawful use of a drivers license issued to him; or
8. To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive; and
9. To photograph, photostat, duplicate, or in any way reproduce any drivers license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.
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Assembly Bill No. 184Messrs. Bennett, Crawford and Vergiels
CHAPTER 101
AN ACT relating to reports of child abuse or neglect; providing that reports may be made directly to the local office of the welfare division of the department of health, welfare and rehabilitation or to an authorized county agency; and providing other matters properly relating thereto.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.502 is hereby amended to read as follows:
200.502 1. A report, as provided in NRS 200.503, shall be made promptly to the local office of the welfare division of the department of health, welfare and rehabilitation, to any county agency authorized by the juvenile court to receive such reports, or to any police department or sheriffs office when there is reason to believe that a child under 18 years of age has had serious injury or injuries inflicted on him as a result of abuse or neglect. Upon the receipt of a report concerning the possible nonaccidental infliction of a physical injury upon a child, or willful neglect of a child, it shall be the duty of [such] the welfare division, county agency or law enforcement agency to investigate. [and] The law enforcement agency shall forthwith refer such report to the local office of the welfare division [of the department of health, welfare and rehabilitation.] or county agency. The welfare division or county agency shall perform the duties provided in NRS 200.504. No child about whom such report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by such law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or such law enforcement agency, immediate removal is considered essential to protect the child from further injury or abuse.
2. Such report shall be made:
(a) By every physician or surgeon, including doctors of medicine, dentistry and osteopathy, chiropractic physicians, optometrists, residents and interns, licensed in this state, examining, attending or treating such child.
(b) By the superintendent, manger or other person in charge of a hospital or similar institution, upon notification, which shall be provided by every such physician or surgeon whose attendance with respect to such child is pursuant to his performance of services as a member of the staff of such hospital or institution.
κ1973 Statutes of Nevada, Page 167 (CHAPTER 101, AB 184)κ
such child is pursuant to his performance of services as a member of the staff of such hospital or institution.
(c) By every nurse, licensed to practice professional nursing in this state, examining, attending or treating such child in the absence of such physician or surgeon.
(d) By every attorney, clergyman, social worker, school authority and teacher.
(e) By every person who maintains or is employed by a licensed child care facility or childrens camp.
Sec. 2. NRS 200.503 is hereby amended to read as follows:
200.503 1. The report [to the law enforcement agency] required under the provisions of NRS 200.502 may be made verbally, by telephone or otherwise, and shall be reduced to writing by the maker thereof as soon as possible thereafter.
2. Such report shall contain the following information, if obtainable:
(a) The name, address and age of such child;
(b) The name and address of the childs parents or other persons responsible for his care;
(c) The nature and extent of the childs injuries; and
(d) Any evidence of previous injuries. [; and
(e) Any other information that the maker of the report believes might be helpful in establishing the cause of the injuries.]
Sec. 3. NRS 200.504 is hereby amended to read as follows:
200.504 1. The welfare division of the department of health, welfare and rehabilitation or the authorized county agency shall:
(a) Investigate each report received or referred to it by a law enforcement agency to determine the circumstances surrounding the injury or injuries, the cause thereof, and the person or persons responsible.
(b) Advise [such] the referring law enforcement agency, if any, of its investigation. (c) Provide such social services as are necessary to protect the child and preserve the family.
2. The welfare division shall advise each authorized county agency of any report received or referred and investigation made in that county. Each authorized county agency shall advise the welfare division of each report received or referred and investigation made.
3. If the division or agency determines that further action is necessary to protect the child it may refer the case to the district attorney for criminal prosecution or it may file a petition in dependency in the juvenile division of the district court as provided in chapter 62 of NRS.
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κ1973 Statutes of Nevada, Page 168κ
Senate Bill No. 105Committee on Finance
CHAPTER 102
AN ACT relating to the reserve for statutory contingency fund; transferring primary financial responsibility for certain functions from such fund to the office of the state public defender and the department of parole and probation; providing that payments out of such fund for certain purposes shall be made only when moneys otherwise appropriated for such purposes are exhausted; and providing other matters properly relating thereto.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 7.260 is hereby amended to read as follows:
7.260 1. An attorney other than a public defender appointed by a magistrate or a district court to represent a defendant before a magistrate or to defend a person charged with any offense by indictment or information, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive a fee to be set at the discretion of the appointing court, judge or justice, but the fee shall not be set at more than $200 for services in a justices court and $300 for services in a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000. The fee shall be paid from the county treasury, unless the proceeding is based upon a petition for a writ of habeas corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, or upon an automatic appeal, in which cases the fee shall be paid from funds appropriated to the office of state public defender, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund pursuant to NRS 353.264 [.] for the payment of such fees.
2. If such an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1 traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
3. Compensation for services and expenses which is a county charge shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed. Compensation for services and expenses which is a state charge shall be paid from funds appropriated to the office of state public defender, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund, upon approval by the state board of examiners [.] , for the payment of such compensation.
4. An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.
κ1973 Statutes of Nevada, Page 169 (CHAPTER 102, SB 105)κ
Sec. 2. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed 5 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. The parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the circumstances of violation. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
3. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of such court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may continue or revoke the probation or suspension of sentence, and may cause the sentence imposed to be executed.
4. The necessary expenses of returning to the State of Nevada a person arrested for violation of probation shall be a charge upon the State of Nevada, and shall be paid from funds appropriated to the department of parole and probation, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the department of parole and probation out of the reserve for statutory contingency fund, upon approval by the state board of examiners [.] , for the payment of such expenses.
Sec. 3. NRS 177.345 is hereby amended to read as follows:
177.345 If the conviction was for a gross misdemeanor or a felony:
1. The petition may allege that the petitioner is unable to pay the costs of the proceeding or to employ counsel. If the court is satisfied that the allegation is true, it shall appoint counsel for him.
2. If, after judgment, a review is sought by the petitioner or by the state, and the reviewing court is of the opinion that the requested review, if sought by the petitioner, is not frivolous, and the court finds that the petitioner is unable to pay the costs of the review or to employ counsel, it shall appoint counsel for him.
3. If inability to pay is determined, all necessary costs and expense incident to the proceedings in the trial court and in the reviewing court, including all court costs, stenographic services, printing and reasonable compensation for legal services, shall be paid from funds appropriated to the office of state public defender, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund [.] for the payment of such costs, expenses and compensation.
κ1973 Statutes of Nevada, Page 170 (CHAPTER 102, SB 105)κ
4. Where a copy of the transcript of any proceedings for post-conviction relief is necessary to a review by the Supreme Court of the United States, and inability to pay has been determined, such copy shall be supplied and the cost shall be paid from funds appropriated to the office of state public defender, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund [.] for the payment of such costs.
5. Any order by a court, justice or judge for the supplying of a transcript may provide expressly for the rejection of all or any parts of such transcript upon which the petitioner or appellant relies which raise questions of law not open to him under NRS 177.335.
Sec. 4. NRS 179.225 is hereby amended to read as follows:
179.225 When the punishment of the crime is the confinement of the criminal in the Nevada state prison, the expenses shall be paid from funds appropriated to the governor for such purpose, upon approval by the state board of examiners, but after such appropriation is exhausted the expenses shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning such prisoner.
Sec. 5. NRS 213.153 is hereby amended to read as follows:
213.153 The necessary expenses of returning to the State of Nevada a person arrested for violation of parole shall be a charge upon the State of Nevada, and shall be paid from funds appropriated to the department of parole and probation, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the department of parole and probation out of the reserve for statutory contingency fund, upon approval by the state board of examiners [.] , for the payment of such expenses.
Sec. 6. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for: [the payment of claims which are obligations of the state under NRS 7.260, 41.037, 176.215, 176.485, 177.345, 179.310, 212.040, 212.050, 212.070, 213.153, 214.040, 353.120 and 353.262.]
(a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 353.120 and 353.262; and
(b) The payment of claims which are obligations of the state under NRS 7.260, 176.215, 177.345, 179.225 and 213.153, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.
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κ1973 Statutes of Nevada, Page 171κ
Senate Bill No. 89Committee on Transportation
CHAPTER 103
AN ACT allowing an individual to purchase a permit authorizing the movement of an unregistered vehicle out of the State of Nevada; and providing other matters properly relating thereto.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.3212 is hereby amended to read as follows:
482.3212 1. The department shall issue to any dealer, [or] rebuilder or individual, upon request, and upon payment of a fee of $8.25, a special permit, in a form to be determined by the department, for movement of any vehicle for the purpose of sale outside the State of Nevada, or for movement outside the state of any vehicle purchased by a nonresident. The permit shall be affixed to the vehicle to be so moved in a manner and position to be determined by the department, and shall expire 15 days after issuance.
2. The department may issue a permit to a Nevada resident who desires to move an unregistered vehicle within the state upon the payment of a fee of $8.25. Such permit shall be valid for 24 hours.
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Senate Bill No. 55Senator Swobe
CHAPTER 104
AN ACT relating to county recorders; establishing recording fees for papers which serially incorporate two or more documents.
[Approved March 14, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 247.305 is hereby amended to read as follows:
247.305 1. Except as otherwise specifically provided by law, county recorders shall charge and collect the following fees:
For recording any document, for the first page......................................... $3.00
For each additional page........................................................... 1.00
For recording each portion of a document which must be separately indexed, after the first indexing..................................................................................... 2.00
For copying any record, for the first page................................................. 1.00
For each additional page........................................................... .50
For certifying, including certificate and seal, for the first seal................ 1.00
For each additional seal............................................................. .25
For recording or copying any document in a foreign language, double the normal fee.
κ1973 Statutes of Nevada, Page 172 (CHAPTER 104, SB 55)κ
2. No county recorder shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity, except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.
3. County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
________
Senate Bill No. 175Committee on Finance
CHAPTER 105
AN ACT making appropriations from the general fund and the state highway fund in the state treasury to the stale claims fund account, the contingency fund account and the emergency fund account.
[Approved March 14, 1973]
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 the sum of $21,167 to the stale claims fund account created pursuant to NRS 353.097.
2. There is hereby appropriated to the statutory contingency fund account created pursuant to NRS 353.264:
(a) From the general fund in the state treasury the sum of $85,181.
(b) From the state highway fund in the state treasury the sum of $2,134.
3. There is hereby appropriated from the general fund in the state treasury the sum of $47,260 to the emergency fund account created pursuant to NRS 353.263.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 207Committee on Finance
CHAPTER 106
AN ACT making additional and supplemental appropriations from the general fund in the state treasury for the support of certain state departments and institutions; and providing other matters properly relating thereto.
[Approved March 14, 1973]
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, 1973, there is hereby appropriated from the general fund in the state treasury:
κ1973 Statutes of Nevada, Page 173 (CHAPTER 106, SB 207)κ
1. The sum of $29,000 to the division of aging services of the department of health, welfare and rehabilitation for the purpose of administering their programs due to lack of federal funding as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 588, Statutes of Nevada 1971.
2. The sum of $29,670 to the office of the extradition clerk for the purpose of paying Lyon, Churchill, Clark and Washoe counties and Carson City for extradition expenses incurred by them which were a state obligation as an additional and supplemental appropriation to that allowed and made by section 2 of chapter 588, Statutes of Nevada 1971.
3. The sum of $10,000 to the department of parole and probation for the purpose of meeting the in-state motor pool expense of the department as an additional and supplemental appropriation to that allowed and made by section 32 of chapter 558, Statutes of Nevada 1971.
4. The sum of $15,101 to the investigation and narcotics division of the department of law enforcement assistance for the purpose of meeting the in-state motor pool expense as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 558, Statutes of Nevada 1971.
Sec. 2. After June 30, 1973, unexpended balances of the appropriations made by section 1 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. This act shall become effective upon passage and approval.
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Senate Bill No. 315Committee on Judiciary
CHAPTER 107
AN ACT imposing an additional duty upon the redemption of real property.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 21.210 is hereby amended to read as follows:
21.210 The judgment debtor or redemptioner may redeem the property from the purchaser any time within 1 year after the sale on paying the purchaser the amount of his purchase price with 1 percent per month thereon in addition, to the time of redemption, together with: [the]
1. The amount of any assessment, [or] taxes or payments toward liens which were created prior to the purchase, which the purchaser may have paid thereon after purchase, and interest on such amount; and [if]
2. If the purchaser [be] is also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which the purchase was made, the amount of such lien, with interest.
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κ1973 Statutes of Nevada, Page 174κ
Senate Bill No. 310Senator Raggio
CHAPTER 108
AN ACT relating to forgery and counterfeiting; applying provisions to travelers checks and money orders; and providing other matters properly relating thereto.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.090 is hereby amended to read as follows:
205.090 Every person who [shall falsely make, alter, forge or counterfeit] falsely makes, alters, forges or counterfeits any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, travelers check, money order, due bill for the payment of money or property or for the payment of any labor claim or claims, receipt for money or property, power of attorney, any auditors warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim or claims, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien [,] or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or shall counterfeit or forge the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate reside in or belong to this state or not, or [shall utter, publish, pass, or attempt] utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate, reside in this state or not, [shall be deemed] is guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 2. NRS 205.160 is hereby amended to read as follows:
205.160 Every person who [shall have] has in his possession, or [shall receive] receives from any other person, any forged promissory note or notes, travelers checks or money orders, or bank bills, or bills for the payment of money or property, with intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this state or not, knowing the same to be forged or counterfeited, or [shall have or keep] has or keeps in his possession any blank or unfinished note, travelers check, money order or bank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any [incorporated bank or banking company,] person, company, partnership or corporation, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered and passed to defraud any person or persons, body politic or corporate, whether in this state or elsewhere, shall, on conviction thereof, be punished by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1973 Statutes of Nevada, Page 175 (CHAPTER 108, SB 310)κ
the payment of money or property, with intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this state or not, knowing the same to be forged or counterfeited, or [shall have or keep] has or keeps in his possession any blank or unfinished note, travelers check, money order or bank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any [incorporated bank or banking company,] person, company, partnership or corporation, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered and passed to defraud any person or persons, body politic or corporate, whether in this state or elsewhere, shall, on conviction thereof, be punished by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 3. NRS 205.260 is hereby amended to read as follows:
205.260 Bonds, promissory notes, banknotes, bills of exchange, or other bills, orders, drafts, checks, travelers checks, money orders, receipts or certificates, or warrants for or concerning money, goods or property, due, or to become due, or to be delivered, or any public security issued by the United States or by this state, and any deed or writing containing a conveyance of land or valuable contract, in force, or any release or defeasance, or any other instrument whatever, shall be considered personal goods, of which larceny may be committed; and the money due thereon, or secured thereby and remaining unsatisfied, or which, in any event or contingency, might be [collected] due or collectible thereon, or the value of the property transferred or affected thereby, as the case may be, shall be deemed the value of the article stolen.
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Senate Bill No. 298Committee on Federal, State and Local Governments
CHAPTER 109
AN ACT relating to the criminal jurisdiction of incorporated cities; permitting such cities by ordinance to establish as a city offense any offense made a misdemeanor under state law unless specifically prohibited by law; and providing other matters properly relating thereto.
[Approved March 15, 1973]
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 a new section which shall read as follows:
κ1973 Statutes of Nevada, Page 176 (CHAPTER 109, SB 298)κ
Except when specifically prohibited by law, an incorporated city by ordinance may establish as a city misdemeanor offense any offense which is a misdemeanor pursuant to the laws of the State of Nevada.
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Senate Bill No. 420Committee on Health, Welfare and State Institutions
CHAPTER 110
AN ACT relating to the practice of medicine; authorizing a demonstration of the aspect of traditional Chinese medicine known as acupuncture; and providing other matters properly relating thereto.
[Approved March 15, 1973]
Whereas, The legislature has pending before it a bill providing for the recognition and separate regulation of traditional Chinese medicine; and
Whereas, The branch of Chinese medicine known as acupuncture is little understood in the West; and
Whereas, It is doubtful whether even a demonstration of this aspect of healing may be performed in this state without risk of the charge of unauthorized practice of medicine; now, therefor,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Senate Standing Committee on Health, Welfare and State Institutions is hereby authorized to arrange for a suitable demonstration of the virtues of the branch of Chinese medicine known as acupuncture during the 57th session of the legislature. The committee may designate one or more persons, suitably skilled in that art, to demonstrate its effects. The person or persons so designated may in turn select other consenting persons whose physical condition is such that the practice of acupuncture upon them is expected to be beneficial, and may for a suitable period of time, which shall be fixed by the committee, practice their art upon those persons.
Sec. 2. 1. Each designated acupuncturist and each selected patient shall accept, as a condition of the exercise of the special privileges and immunities conferred by this act, the duty to present himself before the committee at a time fixed by it to demonstrate and explain the results, if any, achieved by the practice of acupuncture.
2. Each selected patient shall further accept as such a condition the duty to submit to such examination by a physician licensed to practice medicine in this state, before or after or both before and after the demonstration of acupuncture, as the committee may reasonably request.
Sec. 3. 1. Notwithstanding the provisions of chapter 630 of NRS or any other law, no person commits an offense against any law of this state by participating in the demonstration authorized by this act.
2. The legislature finds as a fact that because this demonstration is to be performed for a limited period of time to assist in determining the feasibility and wisdom of enacting a general law, the demonstration itself is not a case to which a general law can be made applicable.
κ1973 Statutes of Nevada, Page 177 (CHAPTER 110, SB 420)κ
feasibility and wisdom of enacting a general law, the demonstration itself is not a case to which a general law can be made applicable.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 227Committee on Judiciary
CHAPTER 111
AN ACT to amend NRS 213.170, relating to perjury in connection with certain applications and hearings, by applying the provisions thereof to parole revocation hearings; and providing a penalty.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.170 is hereby amended to read as follows:
213.170 Every person having taken a lawful oath, or made affirmation in an application for a pardon or commutation of punishment, or the remission of a fine or forfeiture, or for parole, or in a hearing for the revocation of parole, who shall swear or affirm willfully, corruptly and falsely in any matter material to the issue or point in question or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 10 years.
________
Senate Bill No. 231Committee on Judiciary
CHAPTER 112
AN ACT to amend NRS 176.255, relating to information obtained by certain employees of the department of parole and probation, by enlarging the circumstance of authorized disclosure.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.255 is hereby amended to read as follows:
176.255 All information obtained in the discharge of official duty by a parole and probation officer or employee of the board shall be privileged and shall not be disclosed directly or indirectly to anyone other than the board or the judge, unless otherwise ordered by the board or judge [.] or unless necessary to perform the duties of the department of parole and probation.
________
κ1973 Statutes of Nevada, Page 178κ
Senate Bill No. 233Committee on Judiciary
CHAPTER 113
AN ACT to amend NRS 176.145, relating to presentence investigation reports, by reducing the required contents of the report.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.145 is hereby amended to read as follows:
176.145 The report of the presentence investigation shall contain:
1. Any prior criminal record of the defendant;
2. Such information about his characteristics, his financial condition and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant;
3. A recommendation of a definite term of confinement, amount of fine or both; [, with a statement either that such recommendation is the normal punishment for like offenses in the United States or of the reasons for recommending a punishment more or less severe than the normal;] and
4. Such other information as may be required by the court.
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Senate Bill No. 234Committee on Judiciary
CHAPTER 114
AN ACT to amend NRS 213.123, relating to the imposition of tests to determine controlled substance use as a condition of parole, by repealing the requirement that a physician administer these tests.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.123 is hereby amended to read as follows:
213.123 1. Upon the granting of parole to a prisoner convicted of any crime related to the sale, possession or use of a controlled substance, as defined in chapter 453 of NRS, the board may, when the circumstances warrant, require as a condition of parole that the parolee submit to periodic tests [by a physician approved by the state health officer] to determine whether the parolee is using any such substance. Any such use or any failure or refusal to submit is a ground for revocation of parole.
2. Any expense incurred as a result of any such test is a charge against the board.
________
κ1973 Statutes of Nevada, Page 179κ
Senate Bill No. 235Committee on Judiciary
CHAPTER 115
AN ACT to amend NRS 176.187, relating to the imposition of tests to determine controlled substance use as a condition of probation, by repealing the requirement that a physician administer these tests.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.187 is hereby amended to read as follows:
176.187 1. Upon the granting of probation to a person convicted of any crime related to the sale, possession or use of a controlled substance, as defined in chapter 453 of NRS, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests [by a physician approved by the state health officer] to determine whether the probationer is using any such substance. Any such use or any failure or refusal to submit is a ground for revocation of probation.
2. Any expense incurred as a result of any such test is a charge against the county in which probation was granted.
________
Senate Bill No. 236Committee on Judiciary
CHAPTER 116
AN ACT relating to parole; confirming the authority of members of the state board of parole commissioners to administer an oath or affirmation in a parole revocation hearing; confirming the authority of certain other persons to take and certify affidavits and depositions to be used in parole revocation hearings.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.109 is hereby amended to read as follows:
213.109 1. The term of office of each member of the board shall be 4 years, except as provided in subsections 2 and 3.
2. Immediately after July 1, 1957, the governor shall appoint:
(a) Two members for terms expiring on the 1st Monday in January 1959; and
(b) Two members for terms expiring on the 1st Monday in January 1961.
3. Immediately after April 6, 1959, the governor shall appoint one member for a term expiring on the 1st Monday in January 1963.
4. Appointments to the board shall be made by the governor within 60 days from the time any vacancy occurs.
5. Any member of the board shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole [,] or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same [.]
κ1973 Statutes of Nevada, Page 180 (CHAPTER 116, SB 236)κ
an application for parole [,] or in a parole revocation hearing, and any district judge, county clerk or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same [.] , or in a parole revocation hearing.
6. The members shall be entitled to receive the sum of $25 for each days attendance at meetings of the board; and all members shall receive the per diem expense allowance and travel expenses as fixed by law.
________
Senate Bill No. 237Committee on Judiciary
CHAPTER 117
AN ACT relating to parole; providing an exception to the rule that certain prisoners confined in other jurisdictions must be returned to Nevada; providing certain notice to the warden of the state prison; authorizing the board of parole commissioners to parole certain prisoners; and providing other matters properly relating thereto.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.045 is hereby amended to read as follows:
176.045 1. Whenever a person convicted of a public offense in this state is under sentence of imprisonment pronounced by another jurisdiction, federal or state, whether or not the prior sentence is for the same offense, the court in imposing any sentence for the offense committed in this state may, in its discretion, provide that such sentence shall run either concurrently or consecutively with the prior sentence.
2. If the court provides that the sentence shall run concurrently, and the defendant is released by the other jurisdiction prior to the expiration of the sentence imposed in this state, the defendant shall be returned to the State of Nevada to serve out the balance of such sentence [.] , unless the defendant is eligible for parole under the provisions of chapter 213 of NRS, and the board of parole commissioners directs that he shall be released on parole as provided in that chapter.
3. If the court makes an order pursuant to this section, the clerk of the court shall provide the warden of the Nevada state prison with a certified copy of judgment and notification of the place of out-of-state confinement.
4. If the court makes no order pursuant to this section, the sentence imposed in this state shall not begin until the expiration of all prior sentences imposed by other jurisdictions.
Sec. 2. NRS 176.095 is hereby amended to read as follows:
176.095 The state board of parole commissioners may direct that any prisoner confined in the state prison, or confined in another jurisdiction as provided in NRS 176.045, shall be released on parole as provided in chapter 213 of NRS, if eligible for parole under the provisions of such chapter.
κ1973 Statutes of Nevada, Page 181 (CHAPTER 117, SB 237)κ
Sec. 3. NRS 213.110 is hereby amended to read as follows:
213.110 1. Subject to the provisions of NRS 213.120, the board shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison, or in another jurisdiction as provided in NRS 176.045, may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison.
2. The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolees active service after induction into the military service.
________
Senate Bill No. 239Committee on Judiciary
CHAPTER 118
AN ACT to amend NRS 176.035, relating to concurrent and consecutive sentences of imprisonment, by allowing parole from a current term of imprisonment to a subsequent term of imprisonment.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.035 is hereby amended to read as follows:
176.035 1. Whenever a person shall be convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may, in its discretion, provide that the sentences subsequently pronounced shall run either concurrently or consecutively with the sentence first imposed.
2. If the court shall make no order with reference thereto, all sentences shall run concurrently; but whenever a person under sentence of imprisonment shall commit another crime and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms.
3. This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
________
κ1973 Statutes of Nevada, Page 182κ
Assembly Bill No. 81Committee on Government Affairs
CHAPTER 119
AN ACT to amend NRS 534.035, relating to ground water boards in certain counties, by making establishment and dissolution of ground water boards discretionary under certain circumstances by the state engineer; and providing other matters properly relating thereto.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 534.035 is hereby amended to read as follows:
534.035 1. In each area designated as a ground water basin by the state engineer pursuant to the provisions of NRS 534.030, which area is located entirely within one county, [and includes three or more incorporated cities,] a ground water board [shall] may be established as provided in this section. The state engineer shall determine whether or not a ground water board shall be established and may direct such establishment by order.
2. [The] If a ground water board is established, the governing bodies of all the incorporated cities within the designated area, the board of county commissioners of the county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the governor, who shall appoint seven members of the board. At least one member shall be appointed from each list.
3. Of the first board appointed, two members shall be appointed for terms of 2 years, two members for terms of 3 years, and three members for terms of 4 years. Thereafter all members shall be recommended in the same manner and appointed for terms of 4 years. Vacancies on the board shall be filled by appointment by the governor for the unexpired terms from the lists submitted. The board shall elect one member as chairman and one member as secretary to serve as such at the pleasure of the board.
4. The board shall maintain its headquarters at the county seat of the county in which the designated area is located, and shall hold meetings at such times and places as it may determine. Special meetings may be called at any time by the secretary at the request of any four members, or by the chairman, upon notice specifying the matters to be acted upon at such meeting. No matters other than those specified in the notice shall be acted upon at such meeting unless all members are present and consent thereto. All meetings of the board shall be open to the public.
5. A majority of the board shall constitute a quorum, and the board shall act only by a majority of those present.
6. For each days attendance at each meeting of the ground water board, or for each day when services are actually performed for the ground water board, the members shall receive per diem and travel allowances as provided in NRS 281.160. Claims for such expenses shall be paid as provided in subsection 6 of NRS 534.040.
7. The state engineer shall not approve any application or issue any permit to drill a well, appropriate ground water, or change the place or manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.
κ1973 Statutes of Nevada, Page 183 (CHAPTER 119, AB 81)κ
manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.
8. It is the intention of the legislature that the state engineer and the board shall be in agreement whenever possible, but, for the purpose of fixing responsibility to the governor, if there is any disagreement between the state engineer and the board, the views of the state engineer shall prevail. A written report of any such disagreement shall be made immediately to the governor by the state engineer and the board.
9. Any ground water board may request from the state engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the state engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.
10. The state engineer may dissolve the ground water board by order if he determines that the future activities of the board are likely to be insubstantial.
________
Assembly Bill No. 135Mr. Hafen
CHAPTER 120
AN ACT relating to county funds; broadening provisions for their deposit in banks.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 356.120 is hereby amended to read as follows:
356.120 With unanimous consent of his bondsmen, a county treasurer may:
1. [When a private or an incorporated bank is located at the county seat,] When one or more banks are located in the county, deposit county funds in such bank or banks upon open account.
2. When no such bank or banks exist [at the county seat,] in the county, deposit county funds with any private or incorporated bank in the State of Nevada.
Sec. 2. NRS 356.200 is hereby amended to read as follows:
356.200 1. With unanimous consent of their bondsmen, county officers, other than county treasurers, may deposit county funds received in their respective offices in any bank located [at the county seat.] in the county.
2. Whenever the written consent of any bondsman or bondsmen to such deposit has not been obtained, such bondsman or bondsmen shall, upon giving notice as required by law, be released from all responsibility on the bond of such officer.
3. Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe.
4. The balances in such banks, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash.
κ1973 Statutes of Nevada, Page 184 (CHAPTER 120, AB 135)κ
5. All moneys deposited in any depositary bank by such county officer may be drawn out by such officer on check payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment of motor vehicle license fees by check payable to the department of motor vehicles, and may also withdraw money received in payment of motor vehicle use taxes by check payable to the Nevada tax commission.
6. The county officer shall keep a check register which shall show the amount of county money on deposit and shall list every check drawn upon the depositary bank, numbering such checks consecutively.
7. Not later than the 1st Monday of each month, the county officer maintaining such deposit shall draw upon the deposit for the full amount of county funds deposited therein during the preceding month, such withdrawal to be by check payable to the county treasurer, and shall thereupon deliver such check to the county treasurer.
8. This section does not apply to any deposit made by the clerk of any court pursuant to NRS 355.210.
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Assembly Bill No. 205Committee on Government Affairs
CHAPTER 121
AN ACT to amend NRS 354.624, relating to audits; providing that local governing bodies shall act on recommendations of auditors.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds, accounts and separate bank accounts, established under NRS 354.603, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report filed as provided in subsection 4 not later than 6 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Nevada tax commission to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the Nevada tax commission shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.
2. The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.
3. Each annual audit shall cover the business of the local government during the full fiscal year.
κ1973 Statutes of Nevada, Page 185 (CHAPTER 121, AB 205)κ
during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the Nevada tax commission, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.
4. The recommendation and the summary of the narrative comments of the audit report shall be read in full at a meeting of the governing body held not more than 30 days after the report is filed. Immediately thereafter, the entire audit report shall be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The Nevada tax commission;
(d) In the case of school districts, the state department of education; and
(e) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the commission.
5. The governing body shall act upon the audit recommendations by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes. Such action shall be taken within 6 months following receipt of the audit.
________
Assembly Bill No. 249Committee on Elections
CHAPTER 122
AN ACT to amend NRS 293A.475, simplifying the forms required to be certified by election boards.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293A.475 is hereby amended to read as follows:
293A.475 [The] If the directions and certificates mentioned in this section are not provided on separate forms for the precinct or district election board, the statement of result of votes cast shall also contain:
1. Printed directions to the election officials for their guidance before the polls are opened and when the polls are closed.
κ1973 Statutes of Nevada, Page 186 (CHAPTER 122, AB 249)κ
2. A certificate which shall be signed by the election officials before the polls are opened, showing:
(a) The delivery of the keys in a sealed enevelope.
(b) The number on the seal.
(c) The number registered on the protective counter.
(d) Whether all of the counters are set at zero (000).
(e) Whether the public counter is set at zero (000).
(f) Whether the ballot labels are properly placed in the machine.
3. A certificate which shall be filled out after polls have been closed, showing:
(a) That the machine has been locked against voting and sealed.
(b) [The numbers of voters as shown on the public counter.
(c)] The number on the seal.
[(d)] (c) The number registered on the protective counter.
[(e)] (d) That the voting machine is closed and locked.
________
Assembly Bill No. 250Committee on Elections
CHAPTER 123
AN ACT to amend NRS 293A.470, relating to voting machines; making the statement of result of votes cast at a polling place more explicit.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293A.470 is hereby amended to read as follows:
293A.470 The statement of result of votes cast, which shall be certified by the election board, shall show the number of the machine, the precinct or district, the polling place, the total number of [votes] ballots cast and the number of votes cast for each candidate and measure as shown on each counter.
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Assembly Bill No. 252Committee on Elections
CHAPTER 124
AN ACT relating to elections; consolidating certain technical provisions in the law.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293A.355 is hereby amended to read as follows:
293A.355 1. An election board shall not serve in any election at which a voting machine is used unless they have received instruction and are fully qualified to perform their duties in connection with the machine.
κ1973 Statutes of Nevada, Page 187 (CHAPTER 124, AB 252)κ
2. The provisions of NRS 293A.290 to 293A.415, inclusive, shall not prevent the appointment and service of an election board to fill a vacancy, in an emergency.
Sec. 2. NRS 293A.370 is hereby repealed.
________
Assembly Bill No. 330Mr. Howard
CHAPTER 125
AN ACT to amend NRS 244.357, relating to county ordinances, by allowing county ordinances to apply to limited areas within a county; and providing other matters properly relating thereto.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.357 is hereby amended to read as follows:
244.357 1. Each board of county commissioners may enact and enforce such local police and sanitary ordinances and regulations as are not in conflict with the general laws and regulations of the State of Nevada, but may not enact any ordinance or regulation fixing a speed limit on any United States highway or any highway or road which is constructed, reconstructed, improved or maintained by the department of highways as provided in chapter 408 of NRS.
2. Such police and sanitary ordinances and regulations may be enacted to apply throughout an entire county or, where the subject matter makes it appropriate and reasonable, may be enacted to govern only a limited area within the county which shall be specified in the ordinance.
3. Each board of county commissioners may enact and enforce a vagrancy ordinance which conforms to the provisions of NRS 207.030.
________
Assembly Bill No. 377Committee on Government Affairs
CHAPTER 126
AN ACT to amend NRS 281.160, relating to allowances for public officers and employees, by removing the requirement that travel requests be submitted to the budget division 10 days before commencing official travel outside the state.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, [shall be] is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $20 for each 24-hour period during which he is away from such office and within the state, and up to $25 for each 24-hour period during which he is outside the state.
κ1973 Statutes of Nevada, Page 188 (CHAPTER 126, AB 377)κ
state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, [shall be] is entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $20 for each 24-hour period during which he is away from such office and within the state, and up to $25 for each 24-hour period during which he is outside the state.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles. The allowance for travel by private conveyance is 12 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 7 1/2 cents per mile so traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. Such allowance shall be established:
(a) At rates higher than the rates established in subsection 3.
(b) Except as provided in paragraph (c), at a rate of not more than 20 cents per mile so traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of not more than 12 cents per mile so traveled.
5. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $20 for travel within the state and $25 for travel outside the state for each 24-hour period where unusual circumstances make such rate desirable.
[6. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the budget division of the department of administration at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the budget division. The budget division may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the budget division disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting.
κ1973 Statutes of Nevada, Page 189 (CHAPTER 126, AB 377)κ
appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the budget division, upon good cause shown by the applicant, may consider request for travel submitted to it less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which are not approved by the budegt division shall be considered by the state board of examiners at a regular meeting.]
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Senate Bill No. 68Committee on Health, Welfare and State Institutions
CHAPTER 127
AN ACT to repeal NRS 426.750 to 426.785, inclusive, relating to licensing requirements prior to the retail sale of goods or products as blind-made products, and prior to the solicitation of contributions for the benefit of blind persons.
[Approved March 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 426.750, 426.755, 426.760, 426.765, 426.770, 426.775, 426.780 and 426.785 are hereby repealed.
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Senate Bill No. 23Committee on Judiciary
CHAPTER 128
AN ACT relating to voting machines; repealing an unnecessary provision defining public counter; repealing obsolete provisions concerning the cost of voting machines and the examination and sealing thereof; and repealing provisions for casting ballots on voting machines for presidential delegates and electors.
[Approved March 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.085, 293A.180, 293A.225 and 293A.315 are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 190κ
Senate Bill No. 229Committee on Judiciary
CHAPTER 129
AN ACT relating to parole hearings; requiring rehearing to be scheduled if parole is denied; and providing other matters properly relating thereto.
[Approved March 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive [:] , and section 2 of this act:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer, who is the executive officer of the department.
Sec. 2. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon denying an application for parole, the board shall schedule a rehearing. The date for the rehearing shall be at the discretion of the board, but in no case shall the elapsed time between hearings exceed 3 years.
________
Senate Bill No. 100Senators Close, Dodge, Bryan, Swobe, Hecht and Foley
CHAPTER 130
AN ACT to amend NRS 202.350, relating to dangerous weapons, by increasing the penalty for certain offenses if committed by prisoners in the Nevada state prison or in a city or county jail; and providing other matters properly relating thereto.
[Approved March 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within the State of Nevada to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep for sale, or offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any explosive substance, other than fixed ammunition; or
(c) Carry concealed upon his person any dirk, dagger or dangerous knife; or
(d) Carry concealed on his person a pistol, revolver or other firearm, or any other dangerous or deadly weapon.
κ1973 Statutes of Nevada, Page 191 (CHAPTER 130, SB 100)κ
2. [Any] Except as provided in subsection 3, any person who violates any of the provisions of subsection 1 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. Any person incarcerated in the Nevada state prison, or in a city or county jail who violates any of the provisions of subsection 1 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years. Incarceration for the purpose of this subsection shall not be deemed to begin until after the initial assignment to a cell following completion of the booking procedure.
4. Nothing in subsection 1 of this section applies to or affects:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection [4.] 5.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the Armed Forces of the United States when on duty.
[4.] 5. The sheriff of any county may, upon written application showing the reason or the purpose for which the concealed weapon is to be carried, grant permission to the applicant, authorizing a person to carry, in such county, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
[5.] 6. For the purposes of this section, a switchblade knife is a knife having the appearance of a pocket knife, and includes a spring-blade knife, a snap-blade knife, or any other similar type knife, the blade or blades of which are 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or are released by any type of mechanism whatsoever.
________
Senate Bill No. 133Committee on Judiciary
CHAPTER 131
AN ACT relating to homesteads; removing conflict as to vesting of homestead created by husband and wife upon death of either; removing conflict as to vesting of community property homestead set aside during probate; and providing other matters properly relating thereto.
[Approved March 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 146.050 is hereby amended to read as follows:
146.050 1. If the homestead was selected by the husband and wife, or either of them, during their coverture, and recorded while bother were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor [.]
κ1973 Statutes of Nevada, Page 192 (CHAPTER 131, SB 133)κ
living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor [.] , unless vesting is otherwise required pursuant to subsection 4 of NRS 115.020.
2. If no homestead was selected, but a homestead is set apart by the court for a limited period to the family of the decedent, as provided in this chapter, it vests, subject to this setting apart:
(a) If set apart from his separate property, in [his] the heirs or devisees [.] of the decedent.
(b) If set apart from community property, one-half in the surviving spouse, and one-half in [his devisees,] the devisees of the decedent, or if no testamentary disposition is made then in the surviving spouse.
3. If the homestead is set apart by the court for a limited period of time, such period must be designated in the order and shall not extend beyond the lifetime of the surviving spouse or the minority of any child or children of the decedent, whichever is longer.
4. In either case [it] referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, except it be secured by lawful liens thereon.
Sec. 2. NRS 146.060 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 429Messrs. Getto, Dini, Glover, Hayes, Craddock, Ullom, Capurro, Broadbent, Crawford, Bennet, Smith, Dreyer, Huff, Mesdames Ford, Gojack, Mr. Mello, Miss Foote, Messrs. Bremner, Fry, Smalley, Torvinen, Vergiels, Banner, Hickey, Prince, Barengo, Bickerstaff and Howard
CHAPTER 132
AN ACT relating to dead bodies; providing that no casket is required for delivery of a body for cremation; and providing other matters properly relating thereto.
[Approved March 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 451 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor shall a crematory refuse to accept human remains for creation because they are not in a casket. This section does not prohibit a crematory requiring some type of container or disposal unit for cremation. Any person who violates this section is guilty of a misdemeanor.
________
κ1973 Statutes of Nevada, Page 193κ
Assembly Bill No. 162Committee on Transportation
CHAPTER 133
AN ACT relating to the Nevada highway patrol; increasing the jurisdiction of the members of the highway patrol; and providing technical changes in NRS 481.180.
[Approved March 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol [shall be:] are:
1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada. [; and they shall have the powers of the police officers with respect to traffic law violations and other offenses committed over and along the highways of this state.] They have the powers of peace officers:
(a) When enforcing traffic laws; and
(b) With respect to all other laws of this state when:
(1) In the apprehension or pursuit of an offender or suspected offender;
(2) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
(3) Making arrests pursuant to a warrant in the officers possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.
3. To act as field agents and inspectors in the enforcement of the motor vehicle registration law (chapter 482 of NRS).
4. To act as field agents, inspectors and instructors in carrying out the provisions of the operators [and chauffeurs] licensing law (chapter 483 of NRS).
5. To act as field agents and inspectors of the department of motor vehicles in the enforcement of the motor vehicle carrier law (chapter 706 of NRS).
6. To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).
7. To act as field agents and inspectors of the Nevada tax commission until July 1, 1959, and thereafter of the department of motor vehicles in the enforcement of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.
8. To act as field agents and inspectors in the enforcement of the laws relating to motor vehicle safety responsibility, [power cycles,] motorcycles and garages, repair shops and parking area keepers (chapters 485, 486 and 487 of NRS).
κ1973 Statutes of Nevada, Page 194 (CHAPTER 133, AB 162)κ
9. To perform such other duties in connection with each and all of the above-specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles.
________
Assembly Bill No. 363Messrs. Bennett, Crawford, Hayes, Ullom and Lowman
CHAPTER 134
AN ACT relating to narcotic addicts; expanding the authority of the health division of the department of health, welfare and rehabilitation to cooperate and contract with approved local addiction treatment clinics; and providing other matters properly relating thereto.
[Approved March 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 453.680 is hereby amended to read as follows:
453.680 The division may:
[1. Cooperate and contract with any agency of the Federal Government or other states or any political subdivision in carrying out the purposes of NRS 453.600 to 453.730, inclusive; and]
1. Cooperate and contract with:
(a) Any agency of the Federal Government;
(b) Other states;
(c) Any political subdivision; or
(d) Any local addiction treatment clinic whose program meets the requirements of the Food and Drug Administration and the Bureau of Narcotics and Dangerous Drugs, and which is approved by the division,
in carrying out the purposes of NRS 453.600 to 453.730, inclusive; and
2. Accept any aid, grants, gifts, devises or bequests from any public or private source.
________
Assembly Bill No. 294Committee on Ways and Means
CHAPTER 135
AN ACT making additional and supplemental appropriations from the general fund in the state treasury to the state controller to implement Fiscal and Accounting Procedures Law; and providing other matters properly relating thereto.
[Approved March 20, 1973]
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, 1973, there is hereby appropriated from the general fund in the state treasury the sum of $225,000 to the state controller as an additional and supplemental appropriation to that allowed and made by section 1 of chapter 449, Statutes of Nevada 1969, to implement Fiscal and Accounting Procedures Law.
κ1973 Statutes of Nevada, Page 195 (CHAPTER 135, AB 294)κ
Sec. 2. After June 30, 1975, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1975.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 278Messrs. Crawford, Bennett, Ullom, Mesdames Ford, Gojack and Brookman
CHAPTER 136
AN ACT relating to rights in real property; prohibiting discrimination between men and women in real property transactions; and providing other matters properly relating thereto.
[Approved March 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 118.020 is hereby amended to read as follows:
118.020 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.] , ancestry or sex.
Sec. 2. NRS 118.100 is hereby amended to read as follows:
118.100 No person may, because of race, religious creed, color, national origin [or ancestry:] , ancestry or sex:
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] , ancestry or sex 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.] , ancestry or sex.
Sec. 3. NRS 207.300 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 196 (CHAPTER 136, AB 278)κ
207.300 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.] , ancestry or sex.
________
Assembly Bill No. 178Messrs. Bennett and Vergiels
CHAPTER 137
AN ACT transferring responsibility for the mailing of welfare warrants from the state controller to the welfare division of the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved March 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 227.200 is hereby amended to read as follows:
227.200 The state controller shall:
1. Draw a warrant in favor of any person, business firm or payee certified by an agency of state government to receive money from the treasury and deliver or mail such warrant to the responsible state agency for delivery or mailing to the payee entitled thereto or deliver or mail such warrant directly to the payee.
2. Keep a warrant register, in which book he shall enter all warrants drawn by him. The arrangement of this book shall be such as to show the bill and warrant number, the amount, out of which fund the same are payable, and a distribution of the same under the various appropriations.
3. Credit the state treasurer with all warrants paid.
Sec. 2. NRS 425.200 is hereby amended to read as follows:
425.200 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room shall be used.
4. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 3. NRS 432.070 is hereby amended to read as follows:
432.070 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter.
κ1973 Statutes of Nevada, Page 197 (CHAPTER 137, AB 178)κ
controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the particular fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the welfare division. Immediately thereafter the welfare division shall mail them to the individual recipients. The facilities of the central mailing room shall be used.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 53Messrs. Demers and Vergiels
CHAPTER 138
AN ACT relating to the sale of meats and meat products; requiring that prepackaged meats and meat products bear the federal grade when advertised and available to the public; providing a penalty; and providing other matters properly relating thereto.
[Approved March 20, 1973]
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 a new section which shall read as follows:
1. It is unlawful for the owner, proprietor or manager of a retail meat market, by himself or through another, to advertise any prepackaged meat or meat food product with a United States Department of Agriculture grade unless such meat or meat food product is actually available to the public and bears the grade awarded to it by the United States Department of Agriculture.
2. It is unlawful for the owner, proprietor or manager of a retail meat market, by himself or through another to advertise carcass, quarter or prime cuts of meat with a USDA grade unless the USDA yield grade is included in the advertisement.
3. Any person who violates any provision of this section shall be punished by a fine of not less than $100 nor more than $500.
________
κ1973 Statutes of Nevada, Page 198κ
Senate Bill No. 400Committee on Transportation
CHAPTER 139
AN ACT relating to motor vehicle carriers; allowing the public service commission to continue a certificate of convenience and necessity under a valid lease to December 31, 1973; and providing other matters properly relating thereto.
[Approved March 23, 1973]
Whereas, The Nevada legislature at its regular session in 1963 amended former NRS 706.650, now NRS 706.641, by deleting therefrom provisions which authorized holders of certificates of convenience and necessity issued by the public service commission of Nevada to lease to another the authority to perform the transportation authorized by such certificates; and
Whereas, On the effective date of this legislation there were in existence certain valid leases of such operating authority; and
Whereas, The commission has taken cognizance of such valid leases and has continued to permit the operations performed thereunder until the expiration date of such leases; and
Whereas, It now appears that certain leasing arrangements which must be discontinued in the near future should be permitted to continue for a limited time pending arrangements for the transfer of certificates of convenience and necessity, because these leasing arrangements involve vital public service which will be jeopardized if a continuation is not granted; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any valid lease involving services performed under operating authority granted by a certificate of convenience and necessity issued by the public service commission of Nevada, which lease was in effect on April 9, 1963, and has been continuously exercised from that date, may be allowed by the public service commission to continue to a date not later than December 31, 1973.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 137Senator Swobe
CHAPTER 140
AN ACT relating to the state forester firewarden revolving fund; providing an increase in the amount thereof.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 472.045 is hereby amended to read as follows:
472.045 1. Upon written request from the state forester firewarden, the state controller is authorized and directed to draw his warrant in favor of the state forester firewarden in the sum of $2,500, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury.
κ1973 Statutes of Nevada, Page 199 (CHAPTER 140, SB 137)κ
of the state forester firewarden in the sum of $2,500, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury.
2. The sum of [$2,500] $5,000 shall be known as the state forester firewarden revolving fund and may be used by the state forester firewarden for the purpose of paying temporary labor hired for firefighting purposes and other obligations requiring prompt payment in connection with firefighting operations, but for no other purposes.
3. All claims or demands paid by the state forester firewarden shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the state forester firewarden revolving fund to be paid to the order of the state forester firewarden, and the state treasurer shall pay the same.
4. The state forester firewarden is directed to deposit the state forester firewarden revolving fund in one or more banks of reputable standing, and to secure the deposit by a depositary bond satisfactory to the state board of examiners.
5. The state forester firewarden shall execute a bond, with good and sufficient sureties, in the amount of at least [$2,500,] $5,000, for the faithful performance of his duties under this section.
________
Senate Bill No. 205Senator Foley
CHAPTER 141
AN ACT to amend NRS 266.555, relating to the jurisdiction of the municipal court, by permitting cities to sue in such court to collect damages, debts or other obligations when the amount claimed does not exceed $300; and providing other matters properly relating thereto.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 266.555 is hereby amended to read as follows:
266.555 1. The municipal court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this chapter of a police or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this chapter.
2. The municipal court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
κ1973 Statutes of Nevada, Page 200 (CHAPTER 141, SB 205)κ
offensive or opprobrious conduct, and of all offenses under ordinances of the city.
3. The municipal court shall have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $300.
(b) Actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments when the principal sum claimed does not exceed $300.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court in any of the cases herein named, when the principal sum claimed does not exceed $300.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $300.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $300.
4. Nothing contained in subsection 3 shall be so construed as to give the municipal court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment or levy, or title to real property shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
________
Senate Bill No. 331Committee on Health, Welfare and State Institutions
CHAPTER 142
AN ACT relating to the care of the mentally ill; making the requirement of advance payment optional with the head of the state institution.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 433.410 is hereby amended to read as follows:
433.410 1. The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent, if such persons are committed to the institute, or the chief, if such persons are committed to the mental health center, and shall be payable monthly. The superintendent or chief may require that such payments be made in advance. The rate shall approximate the actual per diem cost per patient, for the class of patient care provided, for the previous fiscal year.
κ1973 Statutes of Nevada, Page 201 (CHAPTER 142, SB 331)κ
2. The cost of transportation to the institute or mental health center shall be payable with the first monthly payment.
3. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.
4. Previously determined payments may be decreased or increased by the superintendent or chief if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
5. Rates of pay determined by the superintendent or chief may be appealed to and reviewed by the administrator of the division. After review, the administrator may modify the determination of the superintendent or chief.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the institute or mental health center shall be additional charges against responsible relatives or the estate of the committed person.
7. The unused portion of any advance payments shall be refundable to the source of payment in the event of the committed persons death, parole or discharge from the institute or mental health center.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 198Senator Wilson
CHAPTER 143
AN ACT to amend NRS 125.290, relating to void marriages; providing that marriages void under this section shall not bar prosecution for the crime of bigamy.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125.290 is hereby amended to read as follows:
125.290 All marriages which are prohibited by law because of:
1. Consanguinity between the parties; or
2. Either of the parties having a former husband or wife then living,
if solemnized within this state, are void without any decree of divorce or annulment or other legal proceedings. A marriage void under this section shall not bar prosecution for the crime of bigamy pursuant to NRS 201.160.
________
κ1973 Statutes of Nevada, Page 202κ
Senate Bill No. 71Committee on Transportation
CHAPTER 144
AN ACT relating to motor vehicles; providing for the cancellation of license plates and certificates of ownership illegally used or obtained or wrongly issued; and providing other matters properly relating thereto.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.465 is hereby amended to read as follows:
482.465 1. The department shall rescind and cancel the registration of a vehicle whenever the person to whom the certificate of registration [card or registration number] or license plates therefor have been issued [shall make or permit] makes or permits to be made any unlawful use of the [same or permit] certificate or plates or permits the use thereof by a person not entitled thereto.
2. The department shall cancel a certificate of ownership or certificate of registration and license plates which have been issued erroneously or improperly, or obtained illegally.
3. Upon rescission or cancellation of the certificate of ownership or of the certificate of registration and license plates, the affected certificate or certificate and plates shall be returned to the department upon receipt of notice of rescission or cancellation.
________
Senate Bill No. 83Committee on Transportation
CHAPTER 145
AN ACT changing the definition of travel trailer; and providing other matters properly relating thereto.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 489.010 is hereby amended to read as follows:
489.010 As used in this chapter, unless the context otherwise requires:
1. American Standard means a standard adopted and published by the United States of America Standards Institute.
2. Mobile home means a vehicular structure which is built on a chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and is used as a dwelling when connected to utilities.
3. Travel trailer means a [vehicular,] portable structure [built on a chassis:
(a) Designed as a temporary dwelling for travel, recreational and vacation use;
(b) Permanently identified as a Travel Trailer by an inscription on the trailer by the manufacturer; and
κ1973 Statutes of Nevada, Page 203 (CHAPTER 145, SB 83)κ
(c) When factory-equipped for the road, having a body width of not more than 8 feet and:
(1) Any length if the gross weight does not exceed 4,500 pounds; or
(2) Any weight if its body length does not exceed 29 feet.] mounted on wheels, constructed on a vehicular-type chassis, primarily designed as temporary living quarters for recreational, camping or travel use, and drawn by another vehicle, but a vehicle is not a travel trailer if, when equipped for highway use, it exceeds 8 feet in width or 40 feet in body length.
________
Assembly Bill No. 320Committee on Agriculture
CHAPTER 146
AN ACT relating to cattle theft; removing imprisonment as a condition of the state department of agricultures payments of rewards.
[Approved March 23, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 561.325 is hereby amended to read as follows:
561.325 1. The department may offer a standing reward, or a reward for each class of livestock, not to exceed $500, for information leading to the arrest and conviction of each person engaged in stealing livestock, the reward to be paid to the person or persons giving the information leading to the arrest and conviction of such person or persons immediately upon the conviction [of and imprisonment] of the person or persons so arrested.
2. The executive director may promulgate such further conditions and rules pertaining to the offering of such rewards and the payments thereof as he may deem proper.
________
Senate Bill No. 362Committee on Finance
CHAPTER 147
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved March 23, 1973]
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.
________
κ1973 Statutes of Nevada, Page 204κ
Senate Bill No. 251Committee on Finance
CHAPTER 148
AN ACT making an appropriation to the attorney general for certain expenses arising out of actions of the Tahoe Regional Planning Agency.
[Approved March 23, 1973]
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 the sum of $100,000 to the attorney general for the purpose of paying legal fees, court costs, and other costs attendant in defending any legal proceedings against the State of Nevada arising out of any action of the Tahoe Regional Planning Agency.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 1Messrs. Smith and Dini
CHAPTER 149
AN ACT to amend an act entitled An Act incorporating the City of Henderson, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 13, 1971, as amended.
[Approved March 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2.100 of Article II of the above-entitled act, being chapter 266, Statutes of Nevada 1971, at page 406, is hereby amended to read as follows:
Section 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 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, 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,] by title only, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
κ1973 Statutes of Nevada, Page 205 (CHAPTER 149, AB 1)κ
3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, 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.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, 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. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
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. Section 3.040 of Article III of the above-entitled act, being chapter 266, Statutes of Nevada 1971, at page 413, is hereby amended to read as follows:
Section 3.040 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.] 5. Perform such other duties as may be required by the city council.
Sec. 3. Section 5.100 of Article V of the above-entitled act, being chapter 266, Statutes of Nevada 1971, at page 417, is hereby amended to read as follows:
Section 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general 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 [on the first Tuesday] at any time within 14 days after any election and canvass the returns and declare the result. 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.
κ1973 Statutes of Nevada, Page 206 (CHAPTER 149, AB 1)κ
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 city clerk shall then issue to the winner a certificate of election.
________
Assembly Bill No. 181Messrs. Bennett, Crawford and Vergiels
CHAPTER 150
AN ACT limiting the scope of the advisory committee within the welfare division of the department of health, welfare and rehabilitation to childrens day care; and providing other matters properly relating thereto.
[Approved March 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.142 is hereby amended to read as follows:
422.142 There is hereby created within the welfare division an advisory committee whose [functions shall be:
1. To] function shall be to make recommendations to the welfare division concerning general policies for providing day care for children. [; and
2. Upon request by the welfare division, to make recommendations concerning general policies for child welfare services and aid to dependent children.]
Sec. 2. NRS 422.143 is hereby amended to read as follows:
422.143 1. The committee shall be composed of six members appointed by the administrator on the basis of their recognized interest in and knowledge of the field of [public welfare.
2. The appointments shall be made as follows:
(a) Two members shall be recipients of assistance or services or representatives of such recipients;
(b) One member shall be a representative from among state agencies, other than the welfare division, which are directly or indirectly concerned with welfare programs;
(c) Two members shall be representatives of professional, civic or other public or private service organizations; and
(d) One member shall be a private citizen interested and experienced in service programs.] day care services for children.
2. The committee shall include among its members representatives of other state agencies concerned with day care or services related thereto and persons representative of professional, civic or other public or nonprofit private agencies, organizations or groups concerned with the provision of day care.
________
κ1973 Statutes of Nevada, Page 207κ
Senate Bill No. 190Committee on Health, Welfare and State Institutions
CHAPTER 151
AN ACT relating to birth certificates; enlarging the circumstances under which the name of the father of an illegitimate child may be entered thereon; and providing other matters properly relating thereto.
[Approved March 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 440.280 is hereby amended to read as follows:
440.280 1. The attending physician or midwife shall file a certificate of birth, properly and completely filled out, giving all the particulars required by this chapter, with the local health officer of the registration district in which the birth occurred within 10 days after the date of birth. If no physician or midwife was in attendance, then the father or mother, householder or owner of the premises, manager or superintendent of the public or private institution in which the birth occurred shall notify the local health officer, within 10 days after the birth, of the fact that a birth has occurred. The local health officer shall then secure the necessary information and signature to make a proper certificate of birth.
2. In cities, the certificate of birth shall be filed at a less interval than 10 days after the birth if so required by municipal ordinance or regulation now in force or which may hereafter be enacted.
3. If the mother was married at the time of birth, the name of her husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction.
4. If the mother was unmarried at the time of birth, the name of the father [shall not be entered on the certificate without the written consent of the mother and of the person to be named as father unless paternity has been determined by a court of competent jurisdiction.] shall be entered on the original certificate of birth if the father executes an affidavit acknowledging paternity of the child and the mother consents thereto. If both the father and mother execute an affidavit acknowledging paternity of the child and consenting to the use of the surname of the father as the surname of the child, the name of the father shall be entered on the original certificate of birth and the surname of the father shall be entered thereon as the surname of the child. Affidavits executed pursuant to this subsection shall be submitted to the local health officer, his authorized representative, or the attending physician or midwife prior to the time a proper certificate of birth is forwarded to the state registrar. The affidavits executed pursuant to this subsection shall then be delivered to the state registrar for filing. The state registrars file of affidavits shall be sealed and affidavits in the file may be examined only upon order of a court of competent jurisdiction or request of either the father or mother executing the affidavit. The local health officer shall complete the original certificate of birth in accordance with this subsection and other provisions of this chapter. The name of the father shall not otherwise appear on the original certificate of birth unless paternity has been determined by a court of competent jurisdiction.
κ1973 Statutes of Nevada, Page 208 (CHAPTER 151, SB 190)κ
5. If a determination of paternity has been made by a court of competent jurisdiction, the name of the father as determined by the court shall be entered on the certificate.
Sec. 2. NRS 440.290 is hereby amended to read as follows:
440.290 The form of the birth certificate to be used under this chapter shall include as a minimum the items required by the standard certificate of live birth as recommended by the [United States Bureau of the Census,] National Center for Health Statistics of the United States Public Health Service, but no certificate to be used under this chapter shall include any notation of legitimacy or illegitimacy. The entry of the name of the father of a child or of the surname of the father as the surname of the child on the certificate of birth pursuant to subsection 4 of NRS 440.280 shall not be considered a notation of legitimacy or illegitimacy within the meaning of this section.
________
Senate Bill No. 150Committee on Judiciary
CHAPTER 152
AN ACT to amend NRS 209.290, relating to good behavior credits of prisoners in the state prison, by making certain forfeiture provisions optional; providing for forfeiture for the commission of certain crimes; deleting provision for forfeiture of future deductions; and providing other matters properly relating thereto.
[Approved March 27, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 209.290 is hereby amended to read as follows:
209.290 1. If any convict shall:
(a) Commit any assault upon his keeper or any foreman, officer, convict or person, or otherwise endanger life; or
(b) Be guilty of any flagrant disregard of the rules of the prison; or
(c) Commit any misdemeanor, [; or
(d) In any manner violate any of the rules and regulations of the prison,] gross misdemeanor or felony,
he shall forfeit all deductions of time earned by him before the commission of such offense, [or that he may earn in the future,] or shall forfeit such part of such deductions as to the state board of parole commissioners may seem just.
2. If any convict commits a serious violation of any of the rules and regulations of the prison, he may forfeit all or part of such deductions, in the discretion of the state board of parole commissioners.
3. A forfeiture, however, shall be made only by the state board of parole commissioners after due proof of the offense and notice to the offender, and no forfeiture shall be imposed when a convict has violated a rule without violence or [evil] intent, of which the state board of parole commissioners shall be the sole judges.
[3.] 4. The state board of parole commissioners shall have the power to restore credits forfeited for such reasons as [by] to it may seem proper.
________
κ1973 Statutes of Nevada, Page 209κ
Senate Bill No. 323Committee on Finance
CHAPTER 153
AN ACT making an appropriation from the general fund in the state treasury to the state highway safety coordinator for the purpose of providing emergency medical services, ambulances, equipment, training and communication systems; and providing other matters properly relating thereto.
[Approved March 27, 1973]
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 highway safety coordinator the sum of $75,000 to be used in conjunction with federal highway safety funds for emergency medical services including:
1. Assisting local political subdivisions to acquire ambulances and related equipment;
2. Assisting the division of health of the department of health, welfare and rehabilitation in training programs for ambulance drivers and attendants; and
3. Assisting in providing better communication systems between ambulances and hospitals in Nevada.
________
Assembly Bill No. 230Messrs. Wittenberg, Barengo, Ullom, Miss Foote, Messrs. Broadbent, Bremner, Smalley, Vergiels, Banner, Demers, Crawford, Howard, Capurro, Mello, Jacobsen, Robinson, Hayes, Lowman, Mrs. Brookman, Mr. Dini, Mrs. Gojack, Messrs. Schofield, Torvinen and Prince
CHAPTER 154
AN ACT relating to advertising; extending the prohibition of false, deceptive or misleading statements having a tendency to deceive the public; providing penalties; and providing other matters properly relating thereto.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.170 is hereby amended to read as follows:
207.170 [1. It shall be unlawful for any person, firm, corporation or association to publish, disseminate or display, or cause directly or indirectly to be published, disseminated or displayed, in any manner or by any means, including solicitation or dissemination by mail, telephone or door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto.
κ1973 Statutes of Nevada, Page 210 (CHAPTER 154, AB 230)κ
2.] As used in [subsection 1, false, deceptive or misleading advertising by means of telephone] this section and sections 3 to 9, inclusive, of this act, false, deceptive or misleading advertising as applied to a telephone communication includes, but is not limited to, any communication which is so made with the intent to solicit any person to purchase any merchandise, property or services, without initially disclosing such intent to the person.
[3. Nothing in this section shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer, distributor or owner of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character.
4. Any person, firm, or any officer or managing agent of any corporation or association, who shall violate the provisions of subsection 1 shall, upon conviction, be punished:
(a) For the first or second offense, for a misdemeanor.
(b) For the third offense and all subsequent offenses, for a gross misdemeanor.
5. The attorney general or the district attorneys of the several counties may bring an action in the district court to restrain and prevent any person from violating any provision of this section.
6. Any person who violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.]
Sec. 2. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 9, inclusive, of this act.
Sec. 3. It is unlawful for any person, firm, corporation or association or any agent or employee thereof to use, publish, disseminate, display or make or cause directly or indirectly to be used, published, disseminated, displayed or made, in any newspaper, magazine or other publication, by any radio, television or other advertising medium, or by any advertising device, or by public outcry, proclamation, or declaration, or by any other manner or means, including but not limited to solicitation or dissemination by mail, telephone or door-to-door contacts, any statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase, sell, lease, dispose of, utilize or acquire any title or interest in any real or personal property or any personal or professional services or to enter into any obligation or transaction relating thereto, or to include such statement as part of a plan or scheme which intentionally misstates cost or price for the purposes of producing an erroneous belief by any person that the actual cost or price is the same as stated therein.
Sec. 4. NRS 207.170 and sections 3 to 9, inclusive, of this act do not apply to:
1. Any radio or television broadcasting station which broadcasts; or
2. Any publisher, printer, distributor or owner of any newspaper or magazine, billboard or other advertising medium, or to any owner, operator, agent or employee of any advertising agency or other business engaged in preparing or disseminating advertising for public consumption on behalf of any other person, firm, corporation, association or other business entity, who publishes, prints, distributes, prepares or disseminates,
κ1973 Statutes of Nevada, Page 211 (CHAPTER 154, AB 230)κ
business entity, who publishes, prints, distributes, prepares or disseminates,
such advertising in good faith without knowledge of its untrue or deceptive or misleading character.
Sec. 5. It is sufficient in bringing any action pursuant to NRS 207.170 or sections 3 to 9, inclusive, of this act that any statement referred to in section 3 of this act has a tendency to deceive or mislead the public because of its false or deceptive or misleading character even though no member of the public is actually deceived or misled by such statement.
Sec. 6. Any person, firm, corporation or association or any other organization which violates any provision of sections 3 to 9, inclusive, of this act is liable for a civil penalty not to exceed $2,500 for each violation, which shall be recovered in a civil action brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction. As used in this section, the term each violation includes, as a single violation, a continuous or repetitive violation arising out of the same act.
Sec. 7. Any person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully violates the provisions of section 3 of this act shall be punished:
1. For the first or second offense, for a misdemeanor.
2. For the third offense and all subsequent offenses, for a gross misdemeanor.
Sec. 8. The attorney general or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on his own complaint or on the complaint of any board, officer, person, corporation or association to enjoin any violation or proposed violation of the provisions of sections 3 to 9, inclusive, of this act.
Sec. 9. Any person, firm, or any officer or managing agent of any corporation or association who violates any order or injunction issued pursuant to this chapter is guilty of a gross misdemeanor.
________
Senate Bill No. 14Committee on Judiciary
CHAPTER 155
AN ACT relating to highway beautification; providing definitions for the terms board, department and engineer in the highway beautification law; and providing other matters properly relating thereto.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 410 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Board means the board of directors of the department of highways.
κ1973 Statutes of Nevada, Page 212 (CHAPTER 155, SB 14)κ
Sec. 3. Department means the department of highways of the State of Nevada.
Sec. 4. Engineer means the state highway engineer.
Sec. 5. NRS 410.030 is hereby amended to read as follows:
410.030 As used in NRS 410.010 to 410.210, inclusive, the words and terms defined in NRS 410.040 to 410.090, inclusive, and sections 2 to 4, inclusive, of this act, unless the context otherwise requires, have the meanings ascribed to them in NRS 410.040 to 410.090, inclusive [.] , and sections 2 to 4, inclusive, of this act.
Sec. 6. NRS 410.230 is hereby amended to read as follows:
410.230 As used in NRS 410.220 to 410.410, inclusive, the words and terms defined in NRS 410.240 to 410.310, inclusive, and sections 2 to 4, inclusive, of this act have the meanings ascribed to them in NRS 410.240 to 410.310, inclusive, and sections 2 to 4, inclusive, of this act, unless a different meaning clearly appears in the context.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 56Senator Swobe
CHAPTER 156
AN ACT relating to the real property transfer tax; eliminating provisions for the use of tax stamps and metered stamping machines.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 375.030 is hereby amended to read as follows:
375.030 1. If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 is offered for recordation, the county recorder shall compute the amount of the tax due thereon and, except as provided in subsection 3, shall collect such amount before acceptance of the deed for recordation.
2. Upon receipt of the tax due, the county recorder shall [affix to such deed transfer tax stamps or a metered stamp representing the value or amount of the tax received.] show on the face of the document the amount of tax paid.
3. An escrow holder may tender a deed for recordation without paying the tax at that time, but must pay the tax [or affix to such deed the required tax stamps] due thereon within 3 months after such recording.
Sec. 2. NRS 375.100 is hereby amended to read as follows:
375.100 1. The county [rceorder] recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter when such tax has not been paid [.] , except as provided in subsection 3 of NRS 375.030.
2. A county recorder is not responsible for the failure of an escrow holder subsequently to pay the tax [or affix the stamps to a deed recorded] pursuant to subsection 3 of NRS 375.030.
κ1973 Statutes of Nevada, Page 213 (CHAPTER 156, SB 56)κ
Sec. 3. NRS 375.110 is hereby amended to read as follows:
375.110 Any grantee who willfully falsifies the value of transferred real property declared pursuant to NRS 375.050 or any escrow holder who willfully falsely declares the value of transferred real property pursuant to NRS 375.060 is guilty of a misdemeanor and shall pay the [costs] amount of any additional [stamps] tax required on account of such falsification.
Sec. 4. NRS 375.040 is hereby repealed.
________
Senate Bill No. 70Committee on Transportation
CHAPTER 157
AN ACT deleting the requirement that the department of motor vehicles prepare and distribute throughout the state a monthly list of motor vehicles stolen and recovered; and providing other matters properly relating thereto.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.520 is hereby amended to read as follows:
482.520 [1.] Whenever the owner of any motor vehicle, trailer or semitrailer which is stolen or embezzled files an affidavit alleging [either] such fact with the department, it shall immediately suspend the registration of [or] and refuse to reregister such vehicle until such time as it [shall be] is notified that the owner has recovered the vehicle, but notices given as herein provided shall be effective only during the current registration year in which given. If during such year the vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year. Every owner who has filed an affidavit of theft or embezzlement must immediately notify the department of the recovery of such vehicle.
[2. As often as practicable, but at least once each month, the department shall prepare a record of stolen and recovered motor vehicles in the State of Nevada and furnish copies thereof to its branch offices or agents, to police departments and sheriffs offices throughout the state and to the Federal Bureau of Investigation.]
________
Senate Bill No. 88Committee on Transportation
CHAPTER 158
AN ACT relating to vehicles stored or parked for a long period; clarifying the notification requirement; and providing other matters properly relating thereto.
[Approved March 28, 1973]
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, or any other state or country, 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:
κ1973 Statutes of Nevada, Page 214 (CHAPTER 158, SB 88)κ
under the laws of this state, or any other state or country, 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.
________
Senate Bill No. 200Senator Wilson
CHAPTER 159
AN ACT relating to taxation; removing certain restrictions upon the claiming of exemptions.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.156 is hereby amended to read as follows:
361.156 Claims under either NRS 361.080, 361.085, 361.090 or all of these sections, for tax exemption on the vehicle privilege tax shall be filed annually at any time on or before the [1st Monday in August of the year for which the exemption is claimed.] date when payment of such tax is due. All exemptions provided for in this section shall not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
________
κ1973 Statutes of Nevada, Page 215κ
Senate Bill No. 203Senator Wilson
CHAPTER 160
AN ACT relating to public nuisances; permitting the district attorney to bring civil actions for abatement; permitting the board of county commissioners to direct the district attorney to commence abatement actions; and providing other matters properly relating thereto.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.360 is hereby amended to read as follows:
244.360 1. 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, except as otherwise provided by subsections 5 and 6 of this section, 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.
5. As an alternative to the procedure set forth in subsections 1, 2, 3 and 4 of this section, the board of county commissioners, upon receipt from the county clerk of notice of the filing of a complaint alleging the existence of a nuisance, may direct the district attorney to notify the person responsible for such nuisance to abate it, and if such notice is not obeyed after service thereof, within a reasonable time under the circumstances, as specified by the board, to bring legal proceedings for abatement of the nuisance, and for recovery of compensatory and exemplary damages and costs of suit.
κ1973 Statutes of Nevada, Page 216 (CHAPTER 160, SB 203)κ
obeyed after service thereof, within a reasonable time under the circumstances, as specified by the board, to bring legal proceedings for abatement of the nuisance, and for recovery of compensatory and exemplary damages and costs of suit. Such proceedings shall be under the control of the board of county commissioners in the same manner as other suits to which the county is a party.
6. Notwithstanding the abatement procedures set forth in the preceding subsections, any board of county commissioners in this state may, by ordinance, direct the district attorney of the county in which the board has jurisdiction to bring all necessary civil actions on behalf of the county in any court of competent jurisdiction to enjoin, abate or restrain the continued violation of any ordinance, rule or regulation enacted, adopted, or passed by said board and having the effect of law, the violation of which is designated as a nuisance in such ordinance, rule or regulation. If the board of county commissioners decides to direct the district attorney as herein provided, it shall enact an ordinance empowering the district attorney to file all necessary civil actions in the name of the county in any court of competent jurisdiction to enforce any such ordinance, rule or regulation of the board having the effect of law.
Sec. 2. NRS 252.110 is hereby amended to read as follows:
252.110 The district attorney shall:
1. Draw all indictments, when required by the grand jury.
2. Defend all suits brought against his county.
3. Prosecute all recognizances forfeited in the district court and all actions for the recovery of debts, fines, penalties and forfeitures accruing to his county.
4. Draw all legal papers and transact the legal business of the county school district whose boundaries are conterminous with the boundaries of his county, and such other legal duties as may be required of him by the board of trustees of the county school district.
5. Bring all actions on behalf of the county for abatement of nuisances pursuant to order of the board of county commissioners or, in the discretion of the district attorney, pursuant to an ordinance of the county as provided by NRS 244.360, subsection 6, including actions for injunction, as well as for recovery of compensatory and exemplary damages and costs of suit.
6. Perform such other duties as may be required of him by law.
________
κ1973 Statutes of Nevada, Page 217κ
Assembly Bill No. 19Mr. Jacobsen
CHAPTER 161
AN ACT relating to the state legislature; providing an injunctive remedy and a criminal penalty for interference with the legislative process; providing for the exercise in certain cases of the legislatures power to punish for contempt; and providing other matters properly relating thereto.
[Approved March 28, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. 1. The legislature finds as a fact that the complexities of contemporary civilization and government require the legislature, in the discharge of its constitutional function, to delegate separately to standing and special committees and to the legislative commission the finding of essential facts and the preliminary consideration of legislation, and that these subordinate bodies are, therefore, an integral part of the legislature.
2. As used in section 3 of this act, legislature means the legislature of the State of Nevada, either house thereof, any committee of either house or joint committee of the legislature, or any committee or commission created by the legislature to perform legislative functions at the direction of the legislature.
Sec. 3. Every person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:
1. Prevents or attempts to prevent the legislature from conducting meetings.
2. Disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with a meeting of the legislature.
3. Withholds, defaces, alters or destroys any official document or record of the legislature, which conduct interferes with the functioning of the legislature.
4. Withholds, defaces, alters or destroys any property owned or used by the legislature.
5. Remains in the legislative chamber, legislative building in Carson City, or any part thereof, or any room in which the legislature is conducting its business, after being advised that the law or rule of the legislature requires persons to leave after being asked to do so, and being asked to leave.
6. Prevents or attempts to prevent any member of the legislature, or officer or employee thereof, from performing his official duties.
7. Coerces or attempts to coerce any member of the legislature, or officer or employee thereof, to perform any act under color of office, by any unlawful means, threats of violence, fraud or intimidation.
8. Possesses any firearm, explosive, dangerous device or deadly weapon in the legislative building or any other place where the legislature is conducting its business.
Sec. 4. A person who interferes with the legislative process in the presence of either house of the legislature may be summarily taken into custody by the sergeant-at-arms until:
κ1973 Statutes of Nevada, Page 218 (CHAPTER 161, AB 19)κ
presence of either house of the legislature may be summarily taken into custody by the sergeant-at-arms until:
1. A complaint has been filed and an arrest made by a peace officer for the violation of section 5 of this act; or
2. A citation for contempt has been served pursuant to section 7 of this act.
Sec. 5. A person who interferes with the legislative process at any time or place is guilty of a gross misdemeanor.
Sec. 6. 1. If the presiding officer of either house of the legislature has reasonable grounds to believe that any person is interfering with the legislative process, or is about to do so, the presiding officer of either house on behalf of the legislature may petition a court of competent jurisdiction for an order directing the person to cease and desist from such interference or restraining the person or persons from such interference in the future.
2. The petition shall be verified and shall set forth the facts upon which it is based. Either house may, by rule, empower the presiding officer thereof to designate one or more members or officers of such house to make the petition on his behalf. Any such designation shall be filed with the clerk of such house and, if a petition is made by any person named in such designation, a copy of such designation shall be submitted to the court together with the petition.
3. If a court to which such a petition is presented is satisfied that the petition sets forth a prima facie case for the granting of the relief requested and that irreparable damage may occur unless the relief is granted the court may forthwith grant a temporary injunction granting the relief requested, in whole or in part, pending the ultimate determination of the matter after due notice and hearing. A copy of such temporary order and of the petition upon which it is based, together with notice of the date and place of a hearing to be held thereon, shall be given to such persons within the time and in the manner as the court shall direct.
4. A temporary injunction and any preliminary or permanent injunction which thereafter may be granted on the petition following a hearing thereon is enforcible by contempt proceedings, or other enforcement proceedings, in the same manner as other orders of such court.
5. Except as otherwise provided, all the provisions of law applicable to the granting of injunctive relief by the court to which a petition hereunder is presented apply to proceedings instituted under this section.
Sec. 7. 1. Either house of the legislature may imprison for contempt any person who interferes with the legislative process while the legislature is in session. Such imprisonment shall not extend beyond the final adjournment of the session.
2. If the contempt is committed before the house, any member may offer a resolution that the alleged offender be cited for contempt. If the resolution is adopted, a citation shall issue.
3. If the contempt is committed before a committee of the house or a joint committee or commission which includes members of the house, during a legislative session, a resolution to cite for contempt may be offered by any member of the house who is a member of the committee or commission, but only if the resolution is first approved by a majority vote of the committee or commission.
κ1973 Statutes of Nevada, Page 219 (CHAPTER 161, AB 19)κ
of the committee or commission. A citation shall then issue if the resolution is adopted by the house.
4. The citation shall be served personally on each offender named in the resolution, and shall contain:
(a) A statement of the terms or substance of the offense or offenses which caused the citation to be issued; and
(b) A statement of the time and place of the hearing before the house.
5. The citation may be served by any peace officer or by the sergeant-at-arms or any of his regularly appointed assistants.
Sec. 8. 1. The time and place for hearing shall allow the alleged offender reasonable opportunity to prepare an appropriate defense.
2. The alleged offender is entitled at the hearing:
(a) To the assistance of counsel.
(b) To present witnesses on his behalf.
(c) To argue orally in person or by counsel, within such reasonable limits as may be imposed by the presiding officer of the house, and to submit written arguments.
Sec. 9. 1. If the alleged offender is found to be in contempt by a resolution of the house, a warrant shall issue, signed by the presiding officer, directing any or a specified peace officer:
(a) To arrest the offender if he is not already in custody; and
(b) To deliver him to the sheriff of Carson City or a designated county for confinement.
2. The warrant shall be delivered with the offender to the designated sheriff, and shall fix the term of imprisonment as:
(a) The duration of the legislative session; or
(b) A specified term, unless the legislature sooner finally adjourns.
Sec. 10. The remedies for interference with the legislative process provided by sections 2 to 9, inclusive, of this act are cumulative, and the application or attempted application of one does not bar any other.
Sec. 11. NRS 218.540 is hereby repealed.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 46Committee on Transportation
CHAPTER 162
AN ACT relating to pneumatic tires; authorizing the director of the department of motor vehicles to adopt rules and regulations concerning the sale and use of pneumatic tires for certain vehicles; and providing other matters properly relating thereto.
[Approved March 28, 1973]
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. The director, after a hearing, may adopt rules and regulations relating to pneumatic vehicle tires as he determines necessary to provide for public safety.
κ1973 Statutes of Nevada, Page 220 (CHAPTER 162, AB 46)κ
(a) In adopting these regulations, the department shall consider, as evidence of generally accepted standards, the rules and regulations of the Federal Highway Administration, the National Highway Traffic Safety Administration and publications of the Rubber Manufacturers Association.
(b) Adopted rules and regulations shall specify:
(1) Minimum tread depth of tires being operated on the highways; and
(2) Prohibitions on the use of recut or regrooved tires.
2. After adoption of such rules and regulations, no dealer or person holding a retail sellers license shall sell, offer for sale, expose for sale or install on a vehicle for use on a highway a pneumatic tire which is not in compliance with such rules and regulations.
3. After adoption of such rules and regulations, no person shall use on a highway a pneumatic tire which is not in conformance with the rules and regulations.
________
Assembly Bill No. 96Committee on Transportation
CHAPTER 163
AN ACT relating to the department of motor vehicles; changing the manner of accounting for bad checks; providing a change fund for the main office; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter shall, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which such payment was credited, in the proper proportion.
2. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense.
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and such funds shall be paid monthly to the recipients, and in the same ratio as personal property taxes were distributed in the previous fiscal year in each county, but the State of Nevada shall not be entitled to share in any such distribution.
κ1973 Statutes of Nevada, Page 221 (CHAPTER 163, AB 96)κ
but the State of Nevada shall not be entitled to share in any such distribution. On the same basis, privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or inter-county operation shall be distributed among the counties in the following percentages:
Carson City...................... 1.07 percent Lincoln.......................... 3.12 percent
Churchill........................... 5.21 percent Lyon.............................. 2.90 percent
Clark................................ 22.54 percent Mineral.......................... 2.40 percent
Douglas............................ 2.52 percent Nye................................ 4.09 percent
Elko................................. 13.31 percent Pershing........................ 7.00 percent
Esmeralda......................... 2.52 percent Storey.............................. .19 percent
Eureka............................... 3.10 percent Washoe....................... 12.24 percent
Humboldt......................... 8.25 percent White Pine.................... 5.66 percent
Lander............................... 3.88 percent
4. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of chapters 482 and 706 of NRS the department shall retain 1 percent from Carson City and counties acting as agents of the department and 6 percent from counties where the department has established branch offices. [The department shall be held liable for checks dishonored upon presentment for payment which have been received in payment for such taxes as provided in NRS 482.183.]
5. When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 2. NRS 482.183 is hereby amended to read as follows:
482.183 1. The motor vehicle working capital fund in the amount of $5,000 is hereby created and may be used for the following purposes, and no other:
(a) [To cover bad checks received by the department and deposited to the account of the department in banks of Nevada.] To cover bank collection charges.
(b) For main and branch office change funds.
2. Moneys in such fund shall be deposited in a bank in the State of Nevada.
________
Assembly Bill No. 155Committee on Transportation
CHAPTER 164
AN ACT allowing the director of the department of motor vehicles to determine which vehicles are special mobile equipment.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.123 is hereby amended to read as follows:
482.123 1. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including but not limited to scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment.
κ1973 Statutes of Nevada, Page 222 (CHAPTER 164, AB 155)κ
and only incidentally operated or moved upon a highway, including but not limited to scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment.
2. Special mobile equipment does not include house trailers, dump trucks, truck-mounted transit mixers or other vehicles designed for the transportation of persons or property to which machinery has been attached.
3. The director may make an individual determination as to whether any particular vehicle or kind of vehicle, not specifically listed in subsections 1 or 2, falls within this definition.
________
Assembly Bill No. 286Committee on Education
CHAPTER 165
AN ACT relating to public employment; providing preference to be given to honorably discharged military personnel; removing the percentage limitation on employment of aliens by the University of Nevada for certain functions within foreign language departments.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.060 is hereby amended to read as follows:
281.060 1. Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.
2. In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:
(a) First: To honorably discharged [soldiers, sailors and marines] military personnel of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section shall be construed to prevent:
(a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.
(b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.
κ1973 Statutes of Nevada, Page 223 (CHAPTER 165, AB 286)κ
for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.
(c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.
(d) Employment of aliens by the University of Nevada System in the technical, graduate assistant and student help categories, but, with the exception of the foreign language departments, not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student help categories may be aliens.
(e) Employment of aliens in any state or political subdivision hospital.
4. Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any of the work mentioned in this section unless such person shall be a citizen or ward or naturalized citizen of the United States.
5. Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.
________
Assembly Bill No. 356Washoe County Delegation
CHAPTER 166
AN ACT to amend NRS 483.270, relating to restricted drivers licenses for public school pupils, by deleting the requirement that boards of trustees approve such licenses.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.270 is hereby amended to read as follows:
483.270 1. The department may issue a restricted license to any pupil between the ages of 14 and 16 years who is attending a public school in a school district in this state when transportation to and from school is not provided by the board of trustees of the school district and it is impossible or impractical to furnish such pupil with private transportation to and from school.
2. An application for the issuance of a restricted license under this section shall:
(a) Be made upon a form provided by the department.
(b) Be signed and verified as provided in NRS 483.300.
(c) [Be approved by the board of trustees of the school district.
κ1973 Statutes of Nevada, Page 224 (CHAPTER 166, AB 356)κ
(d)] Contain such other information as may be required by the department.
3. Any restricted license issued pursuant to this section:
(a) Shall be effective only for the school year during which it is issued or for a more restricted period.
(b) Shall authorize the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.
(c) Shall contain such other restrictions as the department may deem necessary and proper.
(d) May authorize the licensee to transport as passengers in a motor vehicle driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors; but in no event shall the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.
4. No restricted license shall be issued under the provisions of this section until the department is satisfied fully as to the applicants competency and fitness to drive a motor vehicle.
________
Assembly Bill No. 385Washoe County Delegation
CHAPTER 167
AN ACT relating to the boards of trustees of school districts; providing that the board may determine the date of its first meeting each year; permitting the board to elect additional officers other than president and clerk; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.310 is hereby amended to read as follows:
386.310 1. On the [1st Monday] date fixed by its rules for the first meeting in January following a general election, the board of trustees shall meet and organize by:
(a) Electing one of its members as president.
(b) Electing one of its members as clerk, or by selecting some other qualified person as clerk.
(c) Electing additional officers as may be deemed necessary.
2. A record of the organization of the board of trustees shall be entered in the minutes, together with the amount of salary to be paid to the clerk.
3. Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the state department of education and the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.
________
κ1973 Statutes of Nevada, Page 225κ
Assembly Bill No. 445Messrs. Mello, Glover, Hickey, Banner, Vergiels, Ashworth, Howard and Demers
CHAPTER 168
AN ACT to amend NRS 705.220, relating to railroad police, by removing certain residence requirements; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 705.220 is hereby amended to read as follows:
705.220 1. The governor [is authorized and empowered,] may, upon the application of any railroad company, [to appoint and to commission to serve during his pleasure one or more persons having the residential qualifications of an elector, designated by such company, to serve at the sole expense of the company, as policemen, who shall have the powers of peace officers and who, after being duly sworn, may act as policemen] appoint and commission one or more persons, designated by such company, to serve as railroad policemen. The persons so appointed shall serve at the sole expense of the company and, after being duly sworn, have the powers of peace officers upon the premises or property owned or operated by the company. The company designating such persons [shall be] is responsible civilly for any abuse of their authority.
2. Every such policeman shall, when on duty, wear in plain view a star bearing the words Railroad Police, and the name of the company for which he is commissioned.
________
Assembly Bill No. 470Mr. Schofield (by request)
CHAPTER 169
AN ACT relating to public school pupils; requiring that health examinations be conducted by qualified health personnel; extending the time for such examinations; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 392.420 is hereby amended to read as follows:
392.420 1. [During the first school month of the school year all teachers regularly employed in the public schools shall:] During the first 2 months of the school year, qualified health personnel provided in accordance with the provisions of subsection 3 shall:
(a) Observe and examine every child regularly enrolled in school, [and under their jurisdiction,] separately and carefully, for symptoms of visual, auditory or physical defects.
(b) Where defects are believed to exist, notify the parents or guardian of the child regarding the probability of the existence of the defects, recommending that proper medical or dental attention be secured for the child.
κ1973 Statutes of Nevada, Page 226 (CHAPTER 169, AB 470)κ
2. All children enrolled in school after the [first] second school month of the school year shall be examined immediately upon their enrollment, and, if necessary, their parents or guardians shall be notified [by the teacher] as provided in subsection 1.
3. In any school district in which state, county or district public health services are available or conveniently obtainable, such services shall be utilized to meet the responsibilities assigned [to teachers] under the provisions of subsections 1 and 2. [When for any reason such services are not available,] However, at its discretion, the board of trustees of the school district may employ qualified personnel to perform them.
4. The state board of health shall:
(a) Prescribe rules for making examinations.
(b) Furnish to the superintendent of public instruction, for distribution to the boards of trustees of school districts, copies of the rules, instructions, test cards, blanks and other useful appliances for carrying out the provisions of subsections 1 and 2.
5. Any child shall be exempt from the examination if his parents or guardian files, with the teacher, a written statement objecting to the examination.
________
Senate Bill No. 106Senators Drakulich and Lamb
CHAPTER 170
AN ACT relating to property taxation; providing a tax exemption for severely disabled veterans; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The property to the extent of $10,000 assessed valuation of any actual bona fide resident of the State of Nevada who entered military service from this state and who has incurred a service-connected disability of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed, and has received upon serverance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States shall be exempt from taxation.
2. For the purpose of this section the first $10,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.
3. The exemption shall be allowed only to a claimant who has made an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit shall be made before the county assessor or before a notary public and submitted to the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
κ1973 Statutes of Nevada, Page 227 (CHAPTER 170, SB 106)κ
notary public and submitted to the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor of each of the several counties of this state shall require proof of status of the applicant, and for that purpose shall require production of:
(a) A certificate from the Veterans Administration that the applicant has received or is eligible to receive a grant pursuant to 38 U.S.C. ch. 21; and
(b) Any one of the following:
(1) An honorable discharge; or
(2) A certificate of satisfactory service; or
(3) A certified copy of either of the above.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
7. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of such false affidavit or false proof, a tax exemption is allowed to a person not entitled to such exemption, such person is guilty of a gross misdemeanor.
________
Assembly Bill No. 213Mr. Getto (by request)
CHAPTER 171
AN ACT relating to public health; clarifying the authority of the health division of the state department of health, welfare and rehabilitation, and the district and county health offices, to supervise, inspect and regulate institutions.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 444.330 is hereby amended to read as follows:
444.330 1. The health [authority] division shall have supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:
(a) Nevada state prison.
(b) Nevada mental health institute.
(c) Nevada youth training center.
(d) Nevada state childrens home.
(e) Nevada girls training center.
(f) [Public school gymnasiums.
(g) Every public school, and particularly those schools which participate in the school lunch program in the State of Nevada.] University of Nevada System.
2. The state board of health [is empowered to] may adopt, promulgate and enforce rules and regulations pertaining thereto as [shall be deemed] are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of such institutions.
κ1973 Statutes of Nevada, Page 228 (CHAPTER 171, AB 213)κ
deemed] are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of such institutions.
3. The [health authority] state health officer or his duly authorized agent shall inspect such institutions at least once each calendar year and whenever in his discretion he deems an inspection necessary to carry out the provisions of this section. [; but inspections of public schools and gymnasiums shall be made at least twice a year, such inspections to take place immediately preceding the opening of each new semester.
4. A report of the findings upon such inspection or inspections shall be made to the state board of health within 20 days following such inspection or inspections. The state board of health may from time to time, in its discretion, publish the reports of such inspections.]
4. The state health officer may publish reports of such inspections.
5. [Any person or persons in charge] All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate such institutions in conformity with the rules and regulations relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, adopted and promulgated by the state board of health.
6. [For the purpose of carrying out the provisions of this section the health authority shall have full power and authority to] The state health officer or his duly authorized agent may, in implementing the provisions of this section, enter upon any and all parts of the premises of any of the institutions named in this section over which he has jurisdiction, [to make examinations and investigations] to determine the sanitary conditions of such places and to determine whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.
Sec. 2. Chapter 444 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The health authority shall have supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following city, county and private institutions:
(a) Jails, correctional institutions, and other institutions performing similar functions;
(b) Schools; and
(c) School gymnasiums.
2. The state board of health may adopt, promulgate and enforce rules and regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of such institutions.
3. The health authority shall inspect such institutions at least once each calendar year and at such other times as, in its discretion, it deems an inspection necessary to carry out the provisions of this section; except that inspections of schools and gymnasiums shall be made at least twice each year, once during each semester.
4. A report of the findings of such inspection or inspections shall be made to the health officer within 20 days following such inspection. The health officer may from time to time, in his discretion, publish the reports of such inspections.
κ1973 Statutes of Nevada, Page 229 (CHAPTER 171, AB 213)κ
5. All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate such institutions in conformity with rules and regulations relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, adopted and promulgated by the state board of health.
6. The health authority may, in implementing the provisions of this section, enter upon any and all parts of the premises of any of the institutions named in this section over which it has jurisdiction, to determine the sanitary conditions of such places and to determine whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 94Committee on Transportation
CHAPTER 172
AN ACT relating to vehicles; defining and clarifying certain terms used in their registration and taxation; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Chassis-mount camper means a portable unit designed to be permanently affixed to a truck chassis and cab, and so constructed as to provide temporary living quarters for travel, camping or recreational use.
Sec. 3. Mini motor home means a vehicular-type unit designed for temporary living quarters for travel, camping or recreational use which is:
1. A structure attached permanently on a self-propelled chassis; or
2. A portable unit designed to be affixed permanently to a truck chassis with cab;
which is designated as a mini motor home by the manufacturer.
Sec. 4. Motor home means a structure:
1. Attached permanently to a self-propelled motor vehicle chassis;
2. Designed as a temporary dwelling for travel, recreational or camping use; and
3. When assembled for the road, having a maximum body width of 8 feet.
Sec. 5. Recreational vehicle means a vehicular-type unit primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon, or drawn by, a motor vehicle.
Sec. 6. Registered owner means an individual, firm, corporation or association whose name appears in the files of the motor vehicle registration division of the department as the person to whom the vehicle is registered.
κ1973 Statutes of Nevada, Page 230 (CHAPTER 172, AB 94)κ
association whose name appears in the files of the motor vehicle registration division of the department as the person to whom the vehicle is registered.
Sec. 7. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use.
Sec. 8. Travel trailer means a portable structure mounted on wheels, constructed on a vehicular-type chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle. When equipped for highway use, the structure may not exceed 8 feet in width nor 40 feet in body length.
Sec. 9. Utility trailer means a vehicle, without motive power, designed to carry property or passengers wholly on its own structure, and to be drawn by a motor vehicle. It may not exceed 8 feet in width nor 3,500 pounds in weight.
Sec. 10. Van conversion means a vehicular-type unit originally designed and manufactured as a van or enclosed truck, which is modified to be used for travel, camping or recreational use, but which retains the basic silhouette of a van.
Sec. 11. NRS 482.010 is hereby amended to read as follows:
482.010 When used in this chapter, the words and terms in NRS 482.013 to 482.135, inclusive, and sections 2 to 10, inclusive, of this act, shall, for the purposes of this chapter, have the meanings ascribed to them in NRS 482.013 to 482.135, inclusive, and sections 2 to 10, inclusive, of this act, except in those instances where the context clearly indicates a different meaning.
Sec. 12. NRS 482.045 is hereby amended to read as follows:
482.045 [1.] Highway means [every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel.
2. Highway shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions.] the entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.
Sec. 13. NRS 482.067 is hereby amended to read as follows:
482.067 Mobile home means [every trailer designed or equipped for living purposes.] a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
Sec. 14. NRS 482.085 is hereby amended to read as follows:
482.085 Owner means a person [having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of 10 or more successive days.] who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with or without the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
κ1973 Statutes of Nevada, Page 231 (CHAPTER 172, AB 94)κ
upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
Sec. 15. NRS 482.133 is hereby amended to read as follows:
482.133 Used vehicle dealer means any person engaged in the business of [selling] purchasing or exchanging used vehicles for [profit, or who buys and sells, or exchanges,] the purpose of resale, or who purchases, sells or exchanges two or more used vehicles in any 1 calendar year, or who offers or displays used vehicles for sale.
Sec. 16. NRS 361.561 is hereby amended to read as follows:
361.561 As used in NRS 361.562 to 361.5644, inclusive:
1. [Camper means an enclosed attachment which is designed for mounting on a motor vehicle and which is intended for temporary living purposes. Camper does not include a covered canopy mounted on a motor vehicle and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
2.] Mobile home means [every trailer designed or equipped for living purposes.] a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
2. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use. Slide-in camper does not include a covered canopy mounted on a motor vehicle and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
3. Travel trailer means [a vehicular, portable structure built on a chassis:
(a) Designed as a temporary dwelling for travel, recreational and vacation use;
(b) Permanently identified as a travel trailer by an inscription on the trailer by the manufacturer; and
(c) When factory-equipped for the road, having a body width of not more than 8 feet and:
(1) Any length if the gross weight does not exceed 4,500; or
(2) Any weight if its body length does not exceed 29 feet.] a portable structure mounted on wheels, constructed on a vehicular-type chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle. When equipped for highway use, the structure may not exceed 8 feet in width nor 40 feet in body length.
4. Those units identified as chassis camper, mini motor home, motor home, utility trailer and van conversion, in sections 2 to 10, inclusive, of this act and any other vehicle required to be registered with the department of motor vehicles are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units shall be taxed as any other personal property.
κ1973 Statutes of Nevada, Page 232 (CHAPTER 172, AB 94)κ
Sec. 17. NRS 361.562 is hereby amended to read as follows:
361.562 1. Upon receipt of every report of sales of mobile homes from a dealer, the department of motor vehicles shall immediately give written notice to the county assessor of each county in which is contained the address of a purchaser of a mobile home as shown in such report.
2. If the purchaser of a mobile home or slide-in camper does not register and license the mobile home or slide-in camper upon taking possession, pursuant to the provisions of NRS 482.397, and pay the personal property tax thereon, he shall, within 30 days from the date or purchase of such mobile home or slide-in camper:
(a) Pay to the county assessor all personal property taxes levied against such mobile home or slide-in camper and its contents; or
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property.
3. The county assessor shall collect the tax required to be paid by subsection 2, in the manner prescribed by law for the collection of other personal property taxes.
Sec. 18. NRS 361.563 is hereby amended to read as follows:
361.563 Every person who brings into the State of Nevada or purchases from a person other than a dealer any mobile home or slide-in camper on which the personal property tax has not been paid in this state for the current fiscal year shall within 30 days from the date of entry or purchase comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562.
Sec. 19. NRS 361.5641 is hereby amended to read as follows:
361.5641 Whenever any person who has purchased a mobile home or slide-in camper on which he is required to pay a personal property tax, either as a condition precedent to registration pursuant to NRS 482.397 or under the provisions of 361.562 or 361.563, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home or slide-in camper which he has sold or exchanged, the county assessor shall allow as a credit against the personal property tax required to be paid an amount equal to one-twelfth of the personal property tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home or slide-in camper on which such tax was paid.
Sec. 20. NRS 361.5642 is hereby amended to read as follows:
361.5642 Every person who on July 1 owns any mobile home or slide-in camper situated in the State of Nevada shall within 30 days thereafter comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562.
Sec. 21. NRS 361.5643 is hereby amended to read as follows:
361.5643 1. Upon compliance by the purchaser of a slide-in camper or the purchaser of a mobile home, which is not registered and licensed, or which the purchaser has not declared his intention to register and license immediately after payment of the tax, pursuant to the provisions of NRS 482.397, with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:
κ1973 Statutes of Nevada, Page 233 (CHAPTER 172, AB 94)κ
(a) Deliver forthwith to the purchaser of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission;
(b) Deliver forthwith to the purchaser of a slide-in camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission.
2. Prior to delivery of a sticker or a tax plate, the county assessor shall collect from the purchaser or owner of the mobile home or slide-in camper the sum of $1. All proceeds received by the county assessor from the sale of stickers or tax plates shall be deposited to the credit of the county general fund.
Sec. 22. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser or owner of a mobile home or slide-in camper fails to comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562 or with the provisions of NRS 361.563 or 361.5642 within the required time the county assessor shall collect a penalty, which shall be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on a slide-in camper or travel trailer within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on a slide-in camper or travel trailer more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or 361.5642 neglects or refuses to pay such tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home or slide-in camper upon which such taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty shall be computed for each fiscal year from:
(a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.
(b) July 1, under NRS 361.5642.
Sec. 23. NRS 482.437 is hereby amended to read as follows:
482.437 1. When a slide-in camper, as defined in NRS 361.561 is sold in this state, the seller shall complete and execute a report of sale. Such report of sale shall be in a form prescribed by the department and shall include a description and the purchase price of the slide-in camper, the name and address of the seller and the name and address of the buyer. If there is a security interest involved in the sale to secure all or a part of the purchase price of the slide-in camper, the report of sale shall contain the name and address of the secured party or his assignee.
2. A copy of such report shall be delivered to the department and to the county assessor in the county where the buyer resides, as shown in the report.
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κ1973 Statutes of Nevada, Page 234κ
Senate Bill No. 220Committee on Education
CHAPTER 173
AN ACT relating to public schools; clarifying the powers of boards of trustees to establish and operate schools and classes; repealing specific provisions on evening schools and part-time schools and classes; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 386.350 is hereby amended to read as follows:
386.350 Each board of trustees is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the public schools are established and to promote the welfare of school children [.] , including the establishment and operation of schools and classes deemed necessary and desirable.
Sec. 2. NRS 388.160, 388.170, 388.180, 388.190, 388.200, 388.210, 388.220, 388.230, 388.240, 388.250, 388.260, 388.270, 388.280, 388.290, 388.300, 388.310 and 388.320 are hereby repealed.
________
Senate Bill No. 213Committee on Education
CHAPTER 174
AN ACT to repeal NRS 393.050, relating to the construction of toilets for schools.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 393.050 is hereby repealed.
________
Senate Bill No. 216Committee on Education
CHAPTER 175
AN ACT to permit staff members of the state department of education to fulfill the requirement for annual visitation of schools in each county; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 385.180 is hereby amended to read as follows:
385.180 1. The superintendent of public instruction or a staff member of the state department of education designated by him for each county shall:
κ1973 Statutes of Nevada, Page 235 (CHAPTER 175, SB 216)κ
(a) Visit each county in the state at least once each school year, and shall conduct institutes, visit schools, consult with school officers, or address public assemblies on subjects pertaining to the schools.
(b) Consult and study with school officers and educators of this and other states on topics of school administration, school methods and school law.
2. The necessary traveling expenses incurred by the superintendent of public instruction or his designated staff members in the performance of such duties, including the cost of transportation and board and lodging while absent from his place of residence, shall be allowed, audited and paid at the rate authorized by law. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
________
Senate Bill No. 212Committee on Education
CHAPTER 176
AN ACT relating to school library materials; eliminating the statutory minimum on annual expenditures therefor by boards of trustees of school districts; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 393.170 is hereby amended to read as follows:
393.170 1. The board of trustees of a school district shall purchase all new library books and supplies, all new textbooks and supplementary schoolbooks which are necessary and have been approved by the state textbook commission, and school supplies necessary to carry out the mandates of the school curriculum to be used by the pupils of the school district. The cost of the same shall be a legal charge against the school district fund.
2. All books purchased by the board of trustees shall be held as property of the school district, and shall be loaned to the pupils of the school in the school district while pursuing a course of study therein.
3. The parents and guardians of pupils shall be responsible for all books and any and all other material or equipment loaned to the children in their charge, and shall pay to the clerk of the board of trustees, or to any other person authorized by the board to receive the same, the full purchase price of all such books, material or equipment destroyed, lost or so damaged as to make them unfit for use by other pupils succeeding to their classes. The board of trustees shall establish reasonable rules and regulations governing the care and custody of such school property, and for the payment of fines for damage thereto.
4. Equipment and materials for use in manual training, industrial training and teaching domestic science may be supplied to the pupils in the same manner, out of the same fund, and on the same terms and conditions as books.
κ1973 Statutes of Nevada, Page 236 (CHAPTER 176, SB 212)κ
the same manner, out of the same fund, and on the same terms and conditions as books. No private ownership can be acquired in such equipment or material, unless sold in the manner prescribed by law when such equipment or material shall be no longer used or required for the schools of the school district.
5. Authorized supplementary books and desk books for the use of teachers shall be purchased under NRS 393.160 to 393.210, inclusive, and shall remain the property of the school district for which they were purchased, unless sold in accordance with the provisions of this chapter.
6. The clerk of the board of trustees shall turn over to the county treasurer, within 30 days after receiving the same, all moneys collected under the provisions of this section, and the same shall be credited to the school district fund.
7. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 2. NRS 393.190 is hereby repealed.
________
Senate Bill No. 217Committee on Education
CHAPTER 177
AN ACT relating to teachers and school administrators conferences; permitting staff members of the state department of education to conduct such conferences; and providing other matters properly relating thereto.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 385.190 is hereby amended to read as follows:
385.190 1. The superintendent of public instruction or a staff member designated by him shall:
(a) Convene teachers conferences in the various sections of the state in such places and at such times as he may deem advisable.
(b) Engage such conference lecturers and leaders as he shall deem advisable.
(c) Preside over and regulate the programs of all teachers conferences.
No conference shall continue more than 5 days. The expenses of holding such conferences shall be paid from the state distributive school fund, but the amount for teachers conferences shall not exceed $8,400 in any one biennium. The state controller is authorized and directed to draw his warrants for such expenses upon the order of the superintendent of public instruction.
2. The superintendent of public instruction or his designated staff member shall convene, in such places and at such times as he may designate, conferences of school administrators.
3. [Nothing in this section shall be construed to prohibit the superintendent of public instruction from] This section does not prohibit altering the character of any conference in line with advanced educational procedure.
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κ1973 Statutes of Nevada, Page 237κ
Assembly Bill No. 194Committee on Education
CHAPTER 178
AN ACT to repeal NRS 388.050, relating to school attendance areas.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 388.050 is hereby repealed.
________
Senate Bill No. 210Committee on Education
CHAPTER 179
AN ACT to repeal NRS 394.140, relating to the prohibition against teaching subjects, except foreign languages, in a language other than English in a private school.
[Approved March 29, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 394.140 is hereby repealed.
________
Senate Bill No. 172Senator Drakulich
CHAPTER 180
AN ACT directing the state land register to lease certain state land to the City of Sparks; and providing other matters properly relating thereto.
[Approved March 30, 1973]
Whereas, The state of Nevada is the owner of certain land, consisting of approximately 2.577 acres, situated between Interstate Highway 80 and B Street, near Kietzke Lane, within the boundary of the City of Sparks; and
Whereas, On April 16, 1969, a sale of the land at its appraised value was authorized and directed by the legislature under chapter 394, Statutes of Nevada 1969, and subsequently the state has not been able to sell the land under the conditions specified in the statute; and
Whereas, The use of the land by the City of Sparks as a public parking facility would be the use most conducive to the welfare of the public, and the City of Sparks is willing to develop the land for this purpose; 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 232.158 or any other provision of law, the state land register, on behalf of the State of Nevada, shall, on condition that the City of Sparks pay to the state the actual amount of expenses incurred pursuant to section 6 of chapter 394, Statutes of Nevada 1969, lease to the City of Sparks for a term of 99 years, without rent reserved but upon the condition specified in this section, that certain land owned by the State of Nevada and situated in the county of Washoe, State of Nevada, described as follows:
κ1973 Statutes of Nevada, Page 238 (CHAPTER 180, SB 172)κ
Nevada, shall, on condition that the City of Sparks pay to the state the actual amount of expenses incurred pursuant to section 6 of chapter 394, Statutes of Nevada 1969, lease to the City of Sparks for a term of 99 years, without rent reserved but upon the condition specified in this section, that certain land owned by the State of Nevada and situated in the county of Washoe, State of Nevada, described as follows:
Beginning at the section corner common to sections 5, 6, 7 and 8, T. 19 N., R, 20 E., M.D.B. & M., thence South 0Ί41ʹ08ʺ West, along the eastern boundary of the property owned by the State of Nevada a distance of 195.07 feet to a point in the northern right-of-way line for Nevada Interstate Route 80; thence North 88Ί56ʹ45ʺ West, along such right-of-way line a distance of 166.63 feet to a point; thence North 80Ί24ʹ30ʺ West, continuing along such right-of-way line a distance of 540.74 feet to an intersection with the western boundary of the property owned by the State of Nevada; thence North 0Ί20ʹ57ʺ East, along such western boundary a distance of 106.17 feet to the northwest corner of such property; thence South 89Ί39ʹ02ʺ East, along the northern boundary of such property a distance of 701.48 feet to the point of beginning, containing 2.577 acres, more or less.
The lease executed pursuant to this section shall provide that if at any time during its term the land is used for any purpose other than a public purpose, the lease shall terminate and the land revert without further obligation to the possession of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 632Committee on Government Affairs
CHAPTER 181
AN ACT to amend NRS 288.200, relating to the submission of certain labor disputes to factfinding, by extending the governors power to make such factfinding binding in cases involving school districts; and providing other matters properly relating thereto.
[Approved March 30, 1973]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 288.200 is hereby amended to read as follows:
288.200 1. If by March 1, the parties have not reached agreement, either party, at any time up to April 1, may submit the dispute to an impartial factfinder for his findings and recommendations. These findings and recommendations are not binding on the parties except as provided in subsections 6 and 7.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association a list of seven potential factfinders.
κ1973 Statutes of Nevada, Page 239 (CHAPTER 181, AB 632)κ
5 days, either party may request from the American Arbitration Association a list of seven potential factfinders. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. However, each party shall pay its own costs of factfinding incurred in the preparation and presentation of its case in factfinding.
4. The factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing. Such report shall be made no later than May 5 except as modified by the provisions of subsection 5.
5. In a regular legislative year, the factfinding hearing shall be stayed: [up]
(a) In cases involving school districts, up to 15 days after the adjournment of the legislature sine die if the governor has exercised his authority pursuant to subsection 7.
(b) Up to 10 days after the adjournment of the legislature sine die [.] in all other cases.
6. The parties to the dispute may agree, prior to the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
7. If the parties do not mutually agree to make the findings and recommendations of the factfinder final and binding, the governor shall have the emergency power and authority, at the request of either party and prior to the submission of the dispute to factfinding, to order prior to April 1 that the findings and recommendations on all or any specified issues of a fact finder in a particular dispute will be final and binding. In a regular legislative year, in cases involving school districts, the governor may exercise his authority under this subsection within 10 days after the adjournment of the legislature sine die. The exercise of this authority by the governor shall be made on a case by case consideration and shall be made on the basis of his evaluation regarding the overall best interests of the state and all its citizens, the potential fiscal impact both within and outside the political subdivision, as well as any danger to the safety of the people of the state or a political subdivision.
8. Any factfinder, whether acting in a recommendatory or binding capacity, shall base his recommendations or award on the following criteria:
(a) A preliminary determination shall be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute.
κ1973 Statutes of Nevada, Page 240 (CHAPTER 181, AB 632)κ
The factfinders report shall contain the facts upon which he based his recommendations or award.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 247Committee on Finance
CHAPTER 182
AN ACT making appropriations from the general fund in the state treasury to state agencies for various purposes and providing other matters properly relating thereto.
[Approved March 31, 1973]
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 the sum on $16,000 to the department of law enforcement assistance for the purpose of purchasing specialized equipment for investigation of controlled substances and dangerous drugs.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $23,273 to the health division of the state department of health, welfare and rehabilitation for the purpose of purchasing dental equipment for the Reno and Las Vegas dental clinics.
Sec. 3. There is hereby appropriated from the general fund in the state treasury the sum of $61,200 to the health division of the department of health, welfare and rehabilitation for the purchase of air and water quality measuring devices for environmental health.
Sec. 4. There is hereby appropriated from the general fund in the state treasury the sum of $70,000 to the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for the purchase of laundry equipment for the Nevada State Hospital.
Sec. 5. There is hereby appropriated from the general fund in the state treasury the sum of $8,000 to the attorney general for the purchase of furnishings for a reception and conference room.
Sec. 6. There is hereby appropriated from the general fund in the state treasury the sum of $168,500 to the division of forestry of the department of conservation and natural resources for the following purposes:
1. The sum of $90,000 for a new forestry nursery to be located in Washoe Valley, Washoe County, Nevada.
2. The sum of $76,000 for the purchase of replacement aircraft for the fire suppression and protection program.
3. The sum of $2,500 to increase the state forester firewarden revolving fund created pursuant to NRS 472.045.
Sec. 7. There is hereby appropriated from the general fund in the state treasury the sum of $68,300 to the department of agriculture for the purchase of two replacement truck-trailer vehicles to be used in weights and measures program.
Sec. 8. There is hereby appropriated from the general fund in the