[Rev. 2/28/2019 11:48:50 AM]
κ1973 Statutes of Nevada, Page 241 (CHAPTER 182, SB 247)κ
state treasury the sum of $143,450 to the Nevada state prison for the replacement of obsolete equipment at the maximum, medium and womens prison facilities.
Sec. 9. There is hereby appropriated from the general fund in the state treasury the sum of $200,000 to the board of regents of the University of Nevada for the purpose of making various repairs and performing landscaping, parking and remodeling projects at the University of Nevada, Reno, and the University of Nevada, Las Vegas.
Sec. 10. There is hereby appropriated from the general fund in the state treasury the sum of $44,625 to the buildings and grounds division of the department of administration for the following purposes:
1. The sum of $14,253 for the purchase of various equipment needed for maintenance of state-owned and leased buildings and grounds in Carson City, Las Vegas and Reno.
2. The sum of $27,372 for hiring temporary employees and purchasing supplies for the legislative buildings and grounds during the 57th session of the Nevada legislature.
3. The sum of $3,000 to repair the boiler in the Nevada state museum.
Sec. 11. There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $35,891 to perform certain maintenance work at the governors mansion.
Sec. 12. This act shall become effective upon passage and approval.
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Assembly Bill No. 18Mr. Dreyer
CHAPTER 183
AN ACT relating to elections, providing that members of the board of regents of the University of Nevada System be residents of the subdistrict from which they are elected; 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. NRS 396.040 is hereby amended to read as follows:
396.040 1. After January 1, 1973, the board of regents shall consist of nine 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 of regents residing therein.
(b) Clark County shall be known as district No. 2, with five members of the board of regents residing therein.
(c) The remainder of the state shall be known as district No. 3, with two members of the board of regents residing therein, as provided in NRS 396.041.
2. The members of the board of regents shall be elected as follows:
(a) At the general election in 1972:
κ1973 Statutes of Nevada, Page 242 (CHAPTER 183, AB 18)κ
(1) From district No. 1, one member of the board of regents shall be elected for a term of 6 years.
(2) From district No. 2, two members of the board of regents shall be elected for terms of 6 years, and one member of the board of regents shall be elected for a term of 4 years.
(3) From district No. 3, no member shall be elected.
(b) At the general election in 1974:
(1) From district No. 1, one member of the board of regents shall be elected for a term of 6 years.
(2) From district No. 2, one member of the board of regents shall be elected for a term of 6 years and one member of the board of regents shall be elected for a term of 2 years.
(3) From district No. 3, one member of the board of regents shall be elected for a term of 6 years and one member of the board of regents shall be elected for a term of 2 years.
(c) At the general election in 1976: [, and every 6 years thereafter:]
(1) From district No. 1, no members of the board of regents shall be elected.
(2) From district No. 2, two members of the board of regents shall be elected for terms of 6 years.
(3) From district No. 3, one member of the board of regents shall be elected for a term of 6 years.
(d) At the general election in 1978 and thereafter, all terms shall be for 6 years.
3. The members of the board of regents as the board is constituted on May 4, 1971 shall continue to hold office for the terms for which they were elected.
Sec. 2. NRS 396.041 is hereby amended to read as follows:
396.041 1. In district No. 1 created by NRS 396.040, one member shall be elected from each subdistrict hereby created, [in which residence shall not be required:] and he shall be a resident of the subdistrict from which he is elected:
(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 396.040, one member shall be elected from each subdistrict hereby created, [in which residence shall not be required:] and he shall be a resident of the subdistrict from which he is elected:
(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.
(d) Subdistrict D shall consist of assembly districts Nos. 14, 16, 21 and 22; enumeration districts Nos.
κ1973 Statutes of Nevada, Page 243 (CHAPTER 183, AB 18)κ
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 396.040 one member shall be elected from each subdistrict hereby created, [in which residence shall be required:] and he shall be a resident of the subdistrict from which he is elected:
(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.
Sec. 3. NRS 396.042 is hereby repealed.
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Assembly Bill No. 183Messrs. Bennett and Vergiels
CHAPTER 184
AN ACT to amend NRS 424.090, relating to applicability of licensing requirement of foster homes by providing exemption from licensing of certain homes where occasional care is provided and where care is provided by the legal guardian, or for an exchange student or other child to provide certain educational opportunities, or for a child pending adoption.
[Approved March 31, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 424.090 is hereby amended to read as follows:
424.090 [1. NRS 424.010 to 424.100, inclusive, shall not apply to homes in which children are placed by their own parents or legal guardians, and where the total cost of care is provided by the parents or guardians.
2. The provisions of NRS 424.010 to 424.100, inclusive, relating to the licensing of foster homes shall not apply to any home wherein any child or children is or are received, cared for and maintained pending completion of proceedings for adoption of such child or children by the person or persons maintaining the home if all other children received, cared for and maintained in such home are related by blood, adoption or marriage to the person or persons maintaining the home.] NRS 424.010 to 424.100, inclusive, shall not apply to homes in which:
1. Care is provided only for a neighbors or friends child on an irregular or occasional basis for a brief period of time, not to exceed 90 days.
κ1973 Statutes of Nevada, Page 244 (CHAPTER 184, AB 183)κ
2. Care is provided by the legal guardian.
3. Care is provided for an exchange student.
4. Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.
5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as provided for in NRS 127.280.
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Assembly Bill No. 189Mr. Banner
CHAPTER 185
AN ACT relating to absentee ballots; permitting the absent ballot central counting board to begin an inventory of ballots at an earlier time on election day; and providing a penalty for disseminating absent ballot information prior to close of the polls.
[Approved March 31, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.385 is hereby amended to read as follows:
293.385 1. After [3 p.m.] 8 a.m. on election day, the absent ballot central counting board, if any, shall withdraw all the ballots from absent voters ballot boxes and ascertain that each box has the required number of ballots according to the county clerks absent voters ballot record.
2. If any absent ballots are received by the county clerk on election day, pursuant to NRS 293.316, the county clerk shall hold such ballots until [3 p.m. After 3 p.m.,] ballots received before election day have been withdrawn pursuant to subsection 1. Thereafter, the county clerk shall deposit such absent ballots in the appropriate ballot boxes.
3. After the polls close the absent ballot central counting board shall count the votes in the same manner as election boards.
4. The result of the absent ballot vote in each precinct or district shall be certified and submitted to the county clerk, who shall have such results added to the precinct or district regular votes.
5. Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.
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κ1973 Statutes of Nevada, Page 245κ
Assembly Bill No. 570Mr. Hafen
CHAPTER 186
AN ACT to amend NRS 250.010, creating the county assessors office in Esmeralda County 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. NRS 250.010 is hereby amended to read as follows:
250.010 1. [Except as provided in subsection 3, county] County assessors shall be elected by the qualified electors of their counties.
2. County assessors shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their offices on the 1st Monday of January subsequent to their election.
[3. The sheriff of Esmeralda County is the ex officio county assessor of Esmeralda County.]
Sec. 2. As soon as is practicable after July 1, 1973, the board of county commissioners of Esmeralda County shall appoint a qualified person to serve as county assessor until the next general election as provided by law. The appointed county assessor shall serve until his successor has been duly elected and enters upon the duties of the office.
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Assembly Bill No. 624Mr. Hafen
CHAPTER 187
AN ACT relating to county officers; requiring the election of a treasurer in Nye County; 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. NRS 249.010 is hereby amended to read as follows:
249.010 1. Except as provided in subsection 3, county treasurers shall be elected by the qualified electors of their respective counties.
2. County treasurers shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the 1st Monday of January subsequent to their election.
3. The county clerks of Churchill, Douglas, Esmeralda, Eureka, Lyon, Mineral, [Nye,] Pershing and Storey counties are ex officio county treasurers of their respective counties. The clerk of Carson City is the ex officio treasurer of Carson City.
Sec. 2. As soon as is practicable after July 1, 1973, the board of county commissioners of Nye County shall appoint a qualified person to serve as county treasurer until the next general election as provided by law.
κ1973 Statutes of Nevada, Page 246 (CHAPTER 187, AB 624)κ
serve as county treasurer until the next general election as provided by law. The appointed county treasurer shall serve until his successor has been duly elected and enters upon the duties of the office.
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Senate Bill No. 155Committee on Commerce and Labor
CHAPTER 188
AN ACT relating to unemployment compensation; accepting an enlarged federal time limit for use of certain moneys credited to Nevada under the Social Security Act; and authorizing the expenditure of these moneys for the acquisition and improvement of certain properties and for the administrative use of the employment security department.
[Approved March 31, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.617 is hereby amended to read as follows:
612.617 1. Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may be requisitioned and used for the payment of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which such money is appropriated and the amounts appropriated therefor;
(b) Limits the period within which such money may be expended to a period ending not more than 2 years after the date of the enactment of the appropriation law; and
(c) Limits the amount which may be used during a 12-month period beginning on July 1 and ending on June 30 of the following year to an amount which does not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), during the same 12-month period and the [14] 24 preceding 12-month periods, exceeds the aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this state during any of such [15] 25 12-month periods.
2. For the purposes of subsection 1, amounts used during any such 12-month period shall be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount used during any such 12-month period for the administration of this chapter may be charged against any amount credited during such a 12-month period earlier than the [14th] 24th preceding period.
3. Money credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may not be withdrawn or used except for:
κ1973 Statutes of Nevada, Page 247 (CHAPTER 188, SB 155)κ
(a) The payment of benefits; and
(b) The payment of expenses for the administration of this chapter pursuant to this section.
4. Money requisitioned for the payment of expenses of administration pursuant to this section shall be deposited in the unemployment compensation administration fund and until expended shall remain a part of the unemployment compensation fund. The executive director shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited.
5. If any money so deposited pursuant to subsection 4 is, for any reason, not expended for the purpose for which it was appropriated, or if it remains unexpended at the end of the period specified by the law appropriating such money, it shall be withdrawn and returned to the Secretary of the Treasury of the United States for credit to this states account in the unemployment trust fund.
Sec. 2. The executive director of the employment security department is hereby authorized to expend from federal funds made available under section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), the sum of $282,606.78 for the acquisition and improvement of properties in cities within the State of Nevada that now have or may require local office services and for the use of the employment security department in the administration of chapter 612 of NRS.
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Senate Bill No. 381Committee on Finance
CHAPTER 189
AN ACT relating to the state park system; providing for the deposit of certain money in the general fund of the state treasury.
[Approved April 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 407.065 is hereby amended to read as follows:
407.065 The system is hereby authorized to:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.
2. Protect state parks and property controlled or administered by it from misuse or damage and to preserve the peace within such areas. At the discretion of the administrator, rangers and employees of the system shall have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the system. The administrator may appoint or designate certain system employees to have the general authority of peace officers as provided in NRS 169.125, but such employees shall not be police officers or firemen for the purposes of NRS 286.510.
κ1973 Statutes of Nevada, Page 248 (CHAPTER 189, SB 381)κ
3. Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such rules and regulations as may be promulgated in furtherance of the purposes of the system.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees therefor, which shall be [used for park and recreation purposes.] deposited in the general fund.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the system to public or private corporations, to groups of individuals, or to individuals for a valuable consideration upon such terms and conditions as the system deems fit and proper, but no concessionaire shall be permitted to dominate any state park operation. Rental and lease payments shall be deposited in the general fund.
Sec. 2. NRS 407.075 is hereby amended to read as follows:
407.075 1. The state park grant and gift fund is hereby created in the state treasury for the use of the system.
2. The following moneys shall be deposited in the state park grant and gift fund:
(a) Gifts, grants or devises accepted by the system under the provisions of NRS 407.063.
(b) [Fees collected for special services and the renting or leasing of concessions under the provisions of NRS 407.065.
(c)] Grants and moneys accepted by the system from [the Federal Government or any federal department or agency, any county, city, public district or political subdivision of this state,] any public or private corporation, group of individuals or individual under the provisions of NRS 407.067.
3. Expenditures from the state park grant and gift fund shall be made only for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the system.
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κ1973 Statutes of Nevada, Page 249κ
Senate Bill No. 325Committee on Finance
CHAPTER 190
AN ACT making appropriations from the general fund in the state treasury to the contingency fund for the interim finance committee; and providing other matters properly relating thereto.
[Approved April 2, 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 contingency fund created pursuant to NRS 353.266 the sum of $340,674.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 232Committee on Judiciary
CHAPTER 191
AN ACT to amend NRS 176.215, relating to probation, by simplifying the required statement to detaining authorities concerning a probation violator; and providing other matters properly relating thereto.
[Approved April 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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.] charges against the probationer. 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.
κ1973 Statutes of Nevada, Page 250 (CHAPTER 191, SB 232)κ
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. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
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Senate Bill No. 86Committee on Transportation
CHAPTER 192
AN ACT permitting a person whose application for a dealers license has been denied, or whose dealers license has been revoked, to appeal the denial or revocation in the district court of the county of his principal place of business.
[Approved April 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.354 is hereby amended to read as follows:
482.354 1. If the application or license is denied or revoked, the applicant or licensee may, within 30 days from the date of denial or revocation, appeal to the district court of Carson City [.] or of the county of his principal place of business.
2. The action shall be tried as other civil actions, and shall be conducted as a trial de novo.
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Senate Bill No. 324Committee on Finance
CHAPTER 193
AN ACT making an appropriation from the general fund in the state treasury to the governor for the purpose of studying laboratory problems and services in Nevada; and providing other matters properly relating thereto.
[Approved April 2, 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 governor the sum of $20,000 to be expended by him for the employment of staff and staff travel and operating expenses to provide a study of laboratory problems and services in Nevada.
κ1973 Statutes of Nevada, Page 251 (CHAPTER 193, SB 324)κ
him for the employment of staff and staff travel and operating expenses to provide a study of laboratory problems and services in Nevada.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 156Senators Bryan, Wilson, Neal and Echols
CHAPTER 194
AN ACT relating to automobile liability insurance; prohibiting insurers from considering age as a criterion for coverage of persons over 24 years of age; requiring insurers to prove justification for rate increase and pay for necessary medical examination; and providing other matters properly relating thereto.
[Approved April 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 687B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No insurer shall refuse to issue, reduce liability limits of, or increase the premium of any automobile liability insurance policy issued to a resident of this state for the sole reason that the policyholder has reached a certain age.
2. Where age is a factor in an increase of rates for an individual policyholder, the increase must be justified to the commissioner and the burden of proving justification is on the insurer. If a medical examination is required for the purpose of a rate increase, such examination shall be at the expense of the insurer.
3. This section does not apply to applicants and policyholder under the age of 25 years.
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Senate Bill No. 193Committee on Health, Welfare and State Institutions
CHAPTER 195
AN ACT relating to mentally ill persons, including persons convicted of crimes, persons acquitted by reason of insanity and persons charged with crimes but unable to stand trial; providing for commitment of such mentally ill persons to the custody of the administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation; providing for care and treatment of such persons in any division facility; and providing other matters properly relating thereto.
[Approved April 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 175.521 is hereby amended to read as follows:
175.521 Where on a 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 mental health institute] committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation until he [be] is regularly discharged therefrom in accordance with law.
κ1973 Statutes of Nevada, Page 252 (CHAPTER 195, SB 193)κ
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 mental health institute] committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation until he [be] is regularly discharged therefrom in accordance with law.
Sec. 2. 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 mental health institute] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for detention and psychiatric treatment at the Nevada state prison or at [the institute.] a facility operated by the mental hygiene and mental retardation division.
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. 3. 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 mental health institute] administrator of the mental hygiene and mental retardation division 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. 4. NRS 178.450 is hereby amended to read as follows:
178.450 1. The [superintendent of the Nevada mental health institute] administrator of the mental hygiene and mental retardation division shall keep each person committed to his custody under NRS 178.425 under [his] observation and if in his opinion, upon medical consultation, 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] administrator 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 mental health institute] administrator and the duration of his hospitalization.
Sec. 5. NRS 178.455 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 253 (CHAPTER 195, SB 193)κ
178.455 1. The district judge, upon receiving the written notice of the [superintendent of the Nevada mental health institute] administrator of the mental hygiene and mental retardation division that the person charged with a public offense, as provided in NRS 178.425, is of sufficient mentality to be place d 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 mental health institute,] mental hygiene and mental retardation division, 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 mental health institute] administrator of the mental hygiene and mental retardation division to be incorporated in the medical record of the person.
Sec. 6. 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 mental health institute,] administrator of the mental hygiene and mental retardation division, 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.
κ1973 Statutes of Nevada, Page 254 (CHAPTER 195, SB 193)κ
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.
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 mental health institute] administrator of the mental hygiene and mental retardation division subject to further examinations in the future or until discharged therefrom according to law.
Sec. 7. 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 mental health institute] mental hygiene and mental retardation division upon an order therefor signed by the district judge and submitted to the [superintendent of the institute. The superintendent] administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law.
Sec. 8. 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 mental health institute,] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation or his designee, 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. 9. 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 mental health institute,] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation or his designee, 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.
κ1973 Statutes of Nevada, Page 255 (CHAPTER 195, SB 193)κ
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. 10. 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.
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 mental health institute,] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation or his designee, 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. 11. 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 mental health institute,] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation or his designee, 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. 12. 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.
κ1973 Statutes of Nevada, Page 256 (CHAPTER 195, SB 193)κ
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 mental health institute,] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation or his designee, 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. 13. NRS 209.145 is hereby amended to read as follows:
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 mental health institute] administrator of the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation pursuant to NRS 178.425 as the [superintendent] administrator may deem it proper to place in such facility.
Sec. 14. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.
Sec. 15. Administrator means the administrator of the mental hygiene and mental retardation division.
Sec. 16. Division facility means any unit or subunit operated by the division.
Sec. 17. NRS 433.005 is hereby amended to read as follows:
433.005 As used in NRS 433.005 to 433.640, inclusive, and sections 15 and 16 of this act, unless the context otherwise requires, the words and terms defined in NRS 433.006 to 433.012, inclusive, and sections 15 and 16 of this act have the meanings ascribed to them in such sections.
Sec. 18. 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 mental health institute.
2. That public institution constructed in Las Vegas, Nevada, and maintained for the care of the mentally ill shall be known as the 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 mental health institute, [or] the Las Vegas mental health center [,] or any other division facility, and all processes and proceedings relating to the mentally ill of the state shall be conducted in [either of those names.] the name of any such facility or in the name of the division.
κ1973 Statutes of Nevada, Page 257 (CHAPTER 195, SB 193)κ
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. 19. 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 institute [or] , the mental health center or any other division facility 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. 20. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the 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 institute.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the 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 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.] 10. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
[12.] 11. To submit a biennial report to the administrator of the division on the condition, operation and functioning of the institute, and anticipated needs of the institute.
[13.] 12. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the institute, and to take all steps necessary to establish clear title thereto on behalf of the state.
κ1973 Statutes of Nevada, Page 258 (CHAPTER 195, SB 193)κ
to belong to the State of Nevada for the use of the institute, and to take all steps necessary to establish clear title thereto on behalf of the state.
[14.] 13. 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 institute for such consideration and upon such terms as the superintendent and the administrator may deem to be in the best interests of the 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. 21. 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] administrator to be a menace to public safety, and the court is satisfied that [the facilities at the institute] division facilities are inadequate to keep such mentally ill person safely confined, the court may, upon application of the [superintendent,] administrator, 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 [institute] division facility 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 institute] division facilities shall apply to confinement of mentally ill persons in the Nevada state prison.
Sec. 22. NRS 433.320 is hereby amended to read as follows:
433.320 1. Whenever a convict, while undergoing imprisonment in the Nevada state prison, becomes mentally ill, and 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 institute] administrator of the division for detention and psychiatric treatment at the prison or at [the institute] an appropriate division facility until returned by the [superintendent to the warden as cured.] administrator to the warden upon medical consultation that the individual is cured.
2. The administrator of the division shall [supervise] be responsible for the supervision of the psychiatric care and treatment provided for the mentally ill prisoners at the Nevada state prison.
Sec. 23. NRS 433.537 is hereby amended to read as follows:
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] , institute and other division facilities are inadequate for the detention and care of any mentally ill person confined at such prison, mental health center [or] , institute [,] or other division facility, 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.
κ1973 Statutes of Nevada, Page 259 (CHAPTER 195, SB 193)κ
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. 24. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 174Committee on Commerce and Labor
CHAPTER 196
AN ACT relating to pharmacists and pharmacies; deleting provisions which prohibited the open-market advertising and sale of prescription drugs and pharmaceutical services; and providing other matters properly relating thereto.
[Approved April 2, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have the power:
1. To make such bylaws and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
2. To regulate the practice of pharmacy.
3. To regulate the sales of poisons, drugs, chemicals and medicines.
4. To regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices.
5. To examine and register as pharmacists applicants whom it shall deem qualified to be such.
6. To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
7. To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
8. To deposit its funds in banks or savings and loan associations in the State of Nevada.
This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 2. NRS 639.261 and 639.262 are hereby repealed.
________
κ1973 Statutes of Nevada, Page 260κ
Senate Bill No. 51Senator Dodge
CHAPTER 197
AN ACT to amend the Interlocal Cooperation Act; extending its benefits to Indian tribes and their representative organizations.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.100 is hereby amended to read as follows:
277.100 As used in NRS 277.080 to 277.180, inclusive, unless the context otherwise requires:
1. Public agency means:
(a) Any political subdivision of this state, including without limitation counties, incorporated cities and towns, including Carson City, unincorporated cities or towns, school districts and other districts.
(b) Any agency of this state or of the United States.
(c) Any political subdivision of another state.
(d) Any Indian tribe, group of tribes, organized segment of a tribe, or any organization representing two or more such entities.
2. State includes any of the United States and the District of Columbia.
________
Senate Bill No. 74Committee on Transportation
CHAPTER 198
AN ACT changing the beginning and ending dates for the registration period of mobile homes and travel trailers.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as provided in subsection 4, every passenger car and motorcycle, and every trailer or semitrailer having an unladened weight of 3,500 pounds or less, except a converter dolly, shall, and every motortruck having an unladened weight of 5,000 or less pounds, may be registered for a period of 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.
2. Every mobile home and travel trailer shall be registered for a period of 1 year commencing [July 1] August 1 and ending [June 30] July 31 of the following year.
3. Every other vehicle shall be registered on a calendar year basis.
4. Upon the application of the owner of a fleet of vehicles of a type referred to in subsection 1, the director may permit such an owner to register such fleet on a calendar year basis.
________
κ1973 Statutes of Nevada, Page 261κ
Senate Bill No. 215Committee on Education
CHAPTER 199
AN ACT relating to school terms; requiring that boards of trustees of school districts provide a minimum of 180 days of school; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.090 is hereby amended to read as follows:
388.090 [Boards] 1. Except as otherwise permitted pursuant to subsection 2, boards of trustees of school districts shall provide [at least 6 months] a minimum of 180 days of free school in the districts under their charge.
2. The superintendent of public instruction may upon application by the board of trustees authorize a reduction of not more than 10 school days in a particular district for the purpose of establishing a 12-month school program.
Sec. 2. NRS 388.100 is hereby repealed.
________
Assembly Bill No. 500Messrs. Glover, Dreyer, Mello, Howard, Wittenberg, Vergiels, Ullom, Smith, Smalley, Schofield, Robinson, Prince, May, Banner, Barengo, Bennett, Bickerstaff, Bremner, Craddock, Crawford, Demers, Dini, Getto, Mrs. Gojack, Messrs. Hayes, Hickey and Mrs. Brookman
CHAPTER 200
AN ACT to amend NRS 287.044 to increase amount allowable for payment of state employee group insurance premium; provides for an appropriation from the general fund and the state highway fund in the state treasury; and provides other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the monthly premiums of such group insurance, not to exceed [$17.18] $21.49 for the fiscal [year 1971-1972] period beginning January 1, 1973, and ending June 30, 1974, or [$18.78] $23.64 for the fiscal year [1972-1973,] 1974-1975, applied to both group life and group accident or health coverage, for each state or other participating officer or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, commission or public agency for such purpose.
2. No department, agency, commission or public agency shall pay any part of such premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
κ1973 Statutes of Nevada, Page 262 (CHAPTER 200, AB 500)κ
any part of such premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury $74,796 for the fiscal period January 1, 1973, to June 30, 1973, to the state board of examiners for the purpose of paying the total employee state group insurance cost to those state departments, commissions and agencies supported from general fund appropriations.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse the moneys herein appropriated to the various state departments, commissions and agencies supported from general fund appropriations in order to pay these group insurance costs.
Sec. 3. 1. There is hereby appropriated from the state highway fund $7,317 for the fiscal period January 1, 1973, to June 30, 1973, to the state board of examiners for the purpose of paying the total employee group insurance costs for employees of the department of motor vehicles and appropriate employees of the attorney generals office and the public service commission of Nevada.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse the moneys herein appropriated to the department of motor vehicles, the attorney generals office and the public service commission in order to pay such group insurance costs.
Sec. 4. This act shall be effective upon passage and approval and shall operate retroactively from January 1, 1973.
________
Assembly Bill No. 513Mrs. Brookman
CHAPTER 201
AN ACT relating to renal diseases; providing travel and subsistence allowances to members of the renal disease advisory committee.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 457A.030 is hereby amended to read as follows:
457A.030 1. The state health officer shall appoint a renal disease advisory committee to consist of 11 persons appointed as follows:
(a) Three persons shall represent hospitals and medical schools which establish dialysis centers.
(b) Two persons shall represent volunteer organizations interested in kidney diseases.
(c) Two persons shall represent county or district boards of health.
(d) Three persons licensed to practice medicine or surgery under chapter 630 of NRS.
(e) One person shall represent the general public.
2. Of those persons first appointed:
κ1973 Statutes of Nevada, Page 263 (CHAPTER 201, AB 513)κ
(a) Two shall be appointed for a term of 1 year.
(b) Three shall be appointed for a term of 2 years.
(c) Three shall be appointed for a term of 3 years.
(d) Three shall be appointed for a term of 4 years.
Thereafter, all members shall serve for terms of 4 years.
3. Members of the committee shall serve without compensation [.] , but are entitled to subsistence allowances and travel expenses, pursuant to the provisions of NRS 281.160, while engaged in the performance of official duties.
________
Assembly Bill No. 532Mr. Mello, Miss Foote, Messrs. Ashworth, Hickey, Bremner, Dini, Vergiels, Bennett, Smalley, Howard, Young, Banner, Hafen, Dreyer, Prince, Demers, Schofield, Mrs. Brookman, Messrs. Capurro, Jacobsen and Fry
CHAPTER 202
AN ACT to amend NRS 223.025, relating to the allowance for expenses of the governor-elect, by increasing the permissible amount.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 223.025 is hereby amended to read as follows:
223.025 1. The department of administration shall include in its budget for each fiscal year in which a governor is to be elected the sum of [$2,500] $5,000 as a separate item.
2. The state controller shall draw, from the amount appropriated, his warrant for the payment of necessary expenses for clerical and research help for the governor-elect upon a claim or claims by the governor-elect.
3. The provisions of subsection 2 do not apply if the incumbent governor is elected to succeed himself.
________
Assembly Bill No. 672Mesdames Gojack, Ford, Mr. Lowman and Mrs. Brookman
CHAPTER 203
AN ACT relating to the employment of children; eliminating the distinction between the ages at which boys and girls may be employed and the duration of their hours of work in certain employments.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.220 is hereby amended to read as follows:
609.220 Every person who shall employ, and every parent, guardian or other person having the care, custody or control of such child, who shall permit to be employed, by another, any [male] child under the age of 14 years [or any female child under the age of 16 years] at any labor whatever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farmwork or housework, without the written permission for such employment signed by a judge of the district court of the county of the childs residence, or signed by a juvenile master, referee or probation officer authorized to sign such a permit by a judge of the district court of the county of the childs residence, shall be guilty of a misdemeanor.
κ1973 Statutes of Nevada, Page 264 (CHAPTER 203, AB 672)κ
shall permit to be employed, by another, any [male] child under the age of 14 years [or any female child under the age of 16 years] at any labor whatever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farmwork or housework, without the written permission for such employment signed by a judge of the district court of the county of the childs residence, or signed by a juvenile master, referee or probation officer authorized to sign such a permit by a judge of the district court of the county of the childs residence, shall be guilty of a misdemeanor.
Sec. 2. NRS 609.240 is hereby amended to read as follows:
609.240 1. No [boy] child under the age of 16 years [and no girl under the age of 18 years] shall be employed, permitted or suffered to work at any gainful occupation, other than domestic service or work on a farm, more than 48 hours in any 1 week, or more than 8 hours in any 1 day.
2. The presence of a child in any establishment during working hours shall be prima facie evidence of its employment therein.
________
Assembly Bill No. 730Committee on Commerce
CHAPTER 204
AN ACT to amend NRS 673.042, relating to the biennial report of the commissioner of savings associations, by clarifying the report submission date.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.042 is hereby amended to read as follows:
673.042 1. The commissioner shall, before September 1 of each even-numbered year for the biennium ending June 30 of such year, report to the governor. [on or before July 1 of each year.] The report shall:
(a) Show the condition of all associations reporting to or examined by the commissioner.
(b) Be accompanied by a detailed statement of all moneys received by the commissioner since his last report and the disposition of such moneys.
2. Copies of the reports shall be furnished to each association or company licensed under the provisions of this chapter.
________
κ1973 Statutes of Nevada, Page 265κ
Assembly Bill No. 473Mr. Broadbent
CHAPTER 205
AN ACT relating to prescriptions; requiring labels on the containers for such prescriptions to show clearly certain information unless otherwise specified by the prescribing physician; and requiring prescription price information to be made available.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Unless specified to the contrary in writing on the prescription by the prescribing physician, all prescriptions filled in any pharmacy shall be dispensed in a container to which is affixed a label or other device which clearly shows:
1. The proprietory or generic name of the drug or medicine as written by the prescribing physician; and
2. The strength of such drug or medicine.
Sec. 3. Prescription price information shall be made available by a pharmacist upon request.
________
Assembly Bill No. 182Messrs. Bennett and Vergiels
CHAPTER 206
AN ACT to amend NRS 422.130, relating to the salaries of state welfare board members, by providing increase to $25 per day.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.130 is hereby amended to read as follows:
422.130 For each days attendance at each meeting of the board, each member of the board shall receive a salary of [$10] $25 per day and the per diem expense allowance and travel expenses as fixed by law.
________
κ1973 Statutes of Nevada, Page 266κ
Assembly Bill No. 193Committee on Education
CHAPTER 207
AN ACT relating to automobile driver education in the public schools; increasing the state per-pupil apportionment therefor; and increasing the maximum laboratory fee authorized to be charged for the course.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.033 is hereby amended to read as follows:
387.033 1. There is hereby created in the state treasury the automobile driver education fund for the purpose of assisting school districts in this state which establish and maintain automobile driver education classes pursuant to NRS 389.090. Moneys for the automobile driver education fund shall be provided by direct legislative appropriation.
2. The state board of education is authorized to make semiannual apportionments, payable on or before February 1 and July 1 of each year, from the automobile driver education fund to the several school districts. The semiannual apportionment made on or before February 1 shall be made on the basis of $15 times the number of estimated pupil completions in the district during the current school year, which shall be estimated by the state department of education. The semiannual apportionment made on or before July 1 shall be made on the basis of [$30] $35 times the actual number of pupil completions in the district during the current year, less any amount previously apportioned to the district for estimated pupil completions during the current school year.
3. If the automobile driver education fund does not provide sufficient moneys to make full current school year apportionments, so determined under subsection 2, apportionment payments to the various school districts shall be prorated so that each school district is apportioned the same amount per pupil completion, such amount to be derived by dividing the total appropriation to such fund by the total number of completions during the current school year.
4. Moneys received by school districts from the automobile driver education fund shall not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.
Sec. 2. NRS 389.100 is hereby amended to read as follows:
389.100 1. The legislature finds as facts:
(a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.
(b) That the imposition of a fee, not in excess of the actual cost of providing the special equipment required, as a prerequisite to an elective course in driver education, does not violate the requirements of article 11 of the constitution of the State of Nevada.
2. The board of trustees of any school district is authorized to establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course, which shall not exceed the difference per pupil between the actual cost of providing the course and the amount anticipated under NRS 387.033, or [$30,] $35, whichever is less.
κ1973 Statutes of Nevada, Page 267 (CHAPTER 207, AB 193)κ
driver education course, which shall not exceed the difference per pupil between the actual cost of providing the course and the amount anticipated under NRS 387.033, or [$30,] $35, whichever is less.
________
Assembly Bill No. 309Messrs. Capurro, Wittenberg, Bremner, Barengo, Mesdames Ford, Gojack, Messrs. Fry, Mello and Schofield
CHAPTER 208
AN ACT to require the immunization of all public school children against certain diseases, including rubeola and such other diseases as the local board of health or the state board of health may determine.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.435 is hereby amended to read as follows:
392.435 1. Within 3 months after any child is enrolled in a public school within this state, [for the first time,] his parents or guardian shall submit to the board of trustees of the school district in which the child resides a certificate or certificates stating that the child has been immunized and has received or is in the process of receiving proper boosters for such immunization or is in the process of being immunized for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella; [and]
(f) Rubeola; and
(g) Such other diseases as the [board of trustees] local board of health or the state board of health may determine.
2. The certificate or certificates required in subsection 1 shall show that such required immunization vaccines and boosters were given, and shall bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian shall suffice.
3. The requirements of subsection 1 will be satisfied if a certificate or certificates have been filed in a previous year with any school district in the State of Nevada indicating that a pupil has been immunized as required by this section.
________
κ1973 Statutes of Nevada, Page 268κ
Assembly Bill No. 351Committee on Education
CHAPTER 209
AN ACT relating to the desert research institute; authorizing it to perform research in the field of solar energy as a source of power generation; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature finds that:
(a) Basic scientific research is essential to any real solution of the energy crisis affecting many parts of the nation.
(b) Investigation of the potential contribution of harnessed solar energy may offer some significant answers to the problem of diminishing power resources.
(c) The facilities of the desert research institute are uniquely capable of being applied to the study of solar energy as a source of power generation.
2. The board of regents of the University of Nevada, through the desert research institute, is authorized and encouraged to undertake research concerning the use of solar energy as a source of power. As a part of such study, consideration shall be given to the relative advantages and disadvantages of the various methods of power generation through the utilization of solar energy.
________
Assembly Bill No. 355Washoe County Delegation
CHAPTER 210
AN ACT relating to school property; providing for regulation of motor vehicles on school property; authorizing peace officers to enforce such regulations; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, motor vehicle means a motor vehicle as defined in NRS 482.075.
2. The board of trustees of a school district by resolution may make, modify or abolish such rules prohibiting, restricting or regulating the operation and parking of motor vehicles upon property controlled by the district as the board considers convenient or necessary for the policing of such property.
3. The rules promulgated under subsection 2 shall become effective when appropriate signs giving notice thereof are erected upon such property.
κ1973 Statutes of Nevada, Page 269 (CHAPTER 210, AB 355)κ
when appropriate signs giving notice thereof are erected upon such property.
4. Every peace officer may enforce the rules promulgated under subsection 2.
5. The district and any other political subdivision of this state may enter into agreements or contracts for the purpose of providing a uniform system of enforcement of the rules promulgated under subsection 2.
________
Assembly Bill No. 382Mr. Glover
CHAPTER 211
AN ACT relating to the medical laboratory advisory committee; providing travel and per diem expense allowances for the members thereof; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 652.170 is hereby amended to read as follows:
652.170 1. Members of the medical laboratory advisory committee shall be appointed by the board. Of those members first appointed, three members shall be appointed for terms of 2 years, and four members shall be appointed for terms of 4 years. Thereafter, all appointments shall be for terms of 4 years. No member may be appointed for more than two consecutive terms.
2. The membership of the advisory committee shall be composed of:
(a) Two pathologists, certified in clinical pathology by the American Board of Pathology.
(b) Two medical technologists.
(c) One bioanalyst who is a laboratory director as defined in NRS 652.050.
(d) One qualified biochemist from the University of Nevada.
(e) One licensed physician actively engaged in the practice of clinical medicine in the State of Nevada.
3. No member of the advisory committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.
4. The state health officer or his designated representative shall serve as an ex officio member of such advisory committee.
5. Each member of such advisory committee shall receive travel expenses and subsistence allowances pursuant to the provisions of NRS 281.160 while engaged in the performance of his official duties.
________
κ1973 Statutes of Nevada, Page 270κ
Assembly Bill No. 417Mr. Glover
CHAPTER 212
AN ACT to amend NRS 472.050, relating to the forest protection fund, by merging the forest protection fund into the division of forestry account in the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 472.050 is hereby amended to read as follows:
472.050 1. The state forester firewarden is authorized and directed to represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and to enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.
2. Any federal funds allotted to the State of Nevada under the terms of the federal agreements and such other funds as may be received by the state for the management and protection of forests and watershed areas therein shall be deposited in the [state treasury in the forest protection fund hereby created, which fund shall be used for the sole purposes of managing and protecting forests and watershed areas in the manner prescribed by the terms and provisions in the cooperative agreements, and all moneys accumulating in the fund are hereby appropriated for these purposes to be paid only on claims approved by the state forester firewarden and the director of the state department of conservation and natural resources.] division of forestry account in the general fund in the state treasury.
Sec. 2. NRS 473.050 is hereby amended to read as follows:
473.050 1. For the consideration and approval of the district board of directors, the state forester firewarden shall annually:
(a) Prepare a budget estimating the amount of money which will be needed to defray the expenses of the district organized under the provisions of NRS 473.020 and 473.030.
(b) Determine the amount of a special tax sufficient to raise the sum estimated to be necessary. The amount of the tax to be collected for the purposes of this section shall not exceed, in any 1 year, 1 percent of the assessed value of the property described in subsection 2.
2. When so determined, the state forester firewarden shall certify the amount of the estimated sum and the estimated tax to the board of county commissioners in the county or counties wherein such district or portion thereof is located. At the time of making the levy of county taxes for that year, the board of county commissioners may levy the tax certified, or a tax determined by the board of county commissioners to be sufficient for the purpose, upon all the real property, together with improvements thereon, and all telephone lines, powerlines and other public utility lines which are defined as personal property within the provisions of NRS 361.030, in the district within its county.
κ1973 Statutes of Nevada, Page 271 (CHAPTER 212, AB 417)κ
improvements thereon, and all telephone lines, powerlines and other public utility lines which are defined as personal property within the provisions of NRS 361.030, in the district within its county. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
3. If levied the tax shall be assessed and collected in the same manner, at the same time and by the same officers as are state and county property taxes, and shall be paid to the county treasurer. The county treasurer shall keep the money in a separate fund designated by district name and it shall be used only for fire protection purposes.
4. Any tax money or county general fund money provided for support of the district may be used to provide structural as well as forest or watershed fire protection if deemed necessary. All such funds shall be expended in accordance with an annual budget prepared by the state forester firewarden and approved by the board of directors. The moneys so provided shall be disbursed by the county treasurer to the responsible protecting agencies in accordance with the budget. All claims shall be:
(a) Certified by a responsible officer of the protecting agency.
(b) Subject to approval and audit as are other claims against the agency.
(c) Subject to inspection and audit by the state forester firewarden and the board of county commissioners.
5. Any moneys budgeted for forest and watershed protection shall be deposited in the state treasury in the [forest protection fund created by NRS 472.050 and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts in accordance with state law, rules and regulations. If it appears desirable or necessary to the responsible authorities, the total amount raised may be deposited in the state treasury in the forest protection fund and] division of forestry account in the general fund and may be disbursed by the state forester firewarden in accordance with the district budget [.] , and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts in accordance with state law, rules and regulations.
Sec. 3. As soon as practicable after July 1, 1973, the state forester firewarden shall transfer all moneys currently on deposit in the forest protection fund to the division of forestry account in the general fund in the state treasury.
________
κ1973 Statutes of Nevada, Page 272κ
Assembly Bill No. 451Messrs. Bennett and Robinson
CHAPTER 213
AN ACT creating a revenue-sharing trust fund; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 226 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the state treasury a revenue-sharing trust fund.
2. All moneys received by the State of Nevada pursuant to that certain Act of Congress entitled State and Local Fiscal Assistance Act of 1972, being Public Law 92-512, 86 Stat. 919, and all interest earned on the deposit or investment of such sums shall be deposited in the fund created pursuant to subsection 1.
3. Moneys deposited in the revenue-sharing trust fund shall be expended only for those purposes determined by the legislature.
4. All moneys in the revenue-sharing trust fund shall be paid by claims as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 188Messrs. Howard and Robinson
CHAPTER 214
AN ACT to amend NRS 412.184, relating to the Nevada National Guard, by changing the uniform allowances for commissioned and warrant officers.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 412.184 is hereby amended to read as follows:
412.184 1. [A person who is appointed as a commissioned officer or warrant officer of the Nevada National Guard under the circumstances set forth in subsection 2 is, on the date of original appointment as a commissioned officer or warrant officer, eligible to receive from the state an allowance of $250 for uniforming and equipping himself. On completion of every 2 years of service from the date of original appointment as a commissioned officer or warrant officer of the Nevada National Guard, such person shall receive] A person who, on or after July 1, 1973, has completed 2 years of service as a commissioned officer or warrant officer of the Nevada National Guard, shall receive an allowance of $100 at that time for uniforming and equipping himself. Thereafter he shall receive, on completion of each 2 years of service, an additional allowance of $100 to assist him in meeting the uniform requirements necessary to his continued service in the Nevada National Guard.
κ1973 Statutes of Nevada, Page 273 (CHAPTER 214, AB 188)κ
allowance of $100 to assist him in meeting the uniform requirements necessary to his continued service in the Nevada National Guard.
2. [Payment of the allowances set forth in subsection 1 are limited to officers and warrant officers appointed under the following circumstances:
(a) Commissioned in the Nevada Army National Guard as a result of graduation from the Nevada military academy or from officer candidate schools of the active army attended in an Army National Guard status.
(b) Direct appointment as a commissioned officer or warrant officer of the Nevada Army National Guard from enlisted or civilian status.
(c) Commissioned in the Nevada Air National Guard as a result of direct appointment from airman or civilian status.
(d) Graduation from United States Air Force aviation cadet training under an Air National Guard quota allotted to this state.
3.] The allowances set forth in subsection 1 shall be paid from moneys available to the department only after the officer has furnished satisfactory evidence to the adjutant general that he is properly entitled thereto.
________
Assembly Bill No. 503Messrs. Dreyer, Hayes, Mello, Wittenberg, Vergiels, Ullom, Smith, Smalley, Schofield, Robinson, Prince, May, Howard, Hickey, Hafen, Glover, Getto, Fry, Dini, Demers, Craddock, Mrs. Brookman, Messrs. Bickerstaff, Bennett, Barengo and Banner
CHAPTER 215
AN ACT making an appropriation from the general fund in the state treasury to the division of investigation and narcotics of the department of law enforcement assistance for the purpose of providing rewards to persons providing information leading to felony convictions of violators of Nevada laws on narcotics, controlled substances or dangerous drugs; and providing other matters properly relating thereto.
[Approved April 5, 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 division of investigation and narcotics of the department of law enforcement assistance the sum of $25,000 for the purpose of providing rewards to any person or persons who provide information leading to felony convictions of violators of Nevada laws on narcotics, controlled substances or dangerous drugs. Such rewards shall be made anonymously by the chief of the division.
Sec. 2. Prior to the payment of rewards provided for in section 1 of this act, all claims for rewards will be reviewed and approved by a three man committee consisting of the director of the department of law enforcement assistance, the chief of the division of investigations and narcotics and a representative of the department of administration.
Sec. 3. Law enforcement personnel or their immediate families shall not be eligible for any rewards provided for in section 1 of this act.
κ1973 Statutes of Nevada, Page 274 (CHAPTER 215, AB 503)κ
Sec. 4. The chief of the division of investigations and narcotics shall develop rules and regulations for the administration of the narcotics rewards program.
Sec. 5. Unencumbered balances of the appropriation made in section 1 of this act shall not be committed for expenditures after June 30, 1975, and shall revert to the general fund on July 1, 1975.
________
Assembly Bill No. 502Messrs. Barengo, Banner, Bremner, Crawford, Demers, Mello, Getto, Bickerstaff, Glover, Mrs. Gojack, Messrs. Hafen, Hayes, Hickey, Howard, May, Prince, Robinson, Schofield, Smalley, Smith, Ullom, Vergiels, Wittenberg and Mrs. Brookman
CHAPTER 216
AN ACT making appropriations from the general fund in the state treasury to the division of aging services of the department of health, welfare and rehabilitation for the purpose of distributing state funds to nonprofit organizations for programs for the aged in Nevada; and providing other matters properly relating thereto.
[Approved April 5, 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 aging services division of the department of health, welfare and rehabilitation the sum of $50,000 for the purpose of distributing these funds, under procedures established by the division, to nonprofit sponsoring organizations in Nevada to use to match federal funds for programs for the aged in Nevada.
________
Senate Bill No. 308Senator Blakemore
CHAPTER 217
AN ACT relating to hospital trustees; limiting the number of names to appear on the ballot at a general election; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.080 is hereby amended to read as follows:
450.080 1. The offices of hospital trustees are hereby declared to be nonpartisan, and the names of candidates for such offices shall appear alike upon the ballots of all parties at all primary [elections and at all general] elections.
2. At the general election only the names of those candidates, not to exceed twice the number of hospital trustees to be elected, who received the highest numbers of votes at the primary election shall appear on the ballot.
κ1973 Statutes of Nevada, Page 275 (CHAPTER 217, SB 308)κ
exceed twice the number of hospital trustees to be elected, who received the highest numbers of votes at the primary election shall appear on the ballot.
________
Senate Bill No. 344Senators Bryan and Blakemore
CHAPTER 218
AN ACT relating to the state personnel system; extending appeal time to classified employees under certain circumstances following dismissal or suspension.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within 30 days after receipt of a copy of the statement provided for in subsection 2 of NRS 284.385, an employee who has been dismissed, demoted or suspended may, in writing, request a hearing before the commission to determine the reasonableness of such action. If an employee utilizes an internal grievance adjustment procedure adopted by the commission, such employee shall have 30 days following the final disposition of the internal proceeding to request, in writing, a hearing before the commission.
2. The commission shall grant the employee a hearing within 45 days after receipt of the employees written request.
3. At the hearing of such appeal, technical rules of evidence shall not apply.
________
Senate Bill No. 401Committee on Federal, State and Local Governments
CHAPTER 219
AN ACT designated as the 1973 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and pertaining to public securities; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known as the 1973 Public Securities Validation Act.
Sec. 2. As used in this act:
1. Public body of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the State of Nevada, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission or any other political subdivision of the state constituting a body corporate.
κ1973 Statutes of Nevada, Page 276 (CHAPTER 219, SB 401)κ
incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the State of Nevada, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission or any other political subdivision of the state constituting a body corporate.
2. Public security means a bond, note, warrant, debenture, interim debenture, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation pledges its full faith and credit or a special obligation payable from special assessments or designated revenues from sources other than special assessments.
3. State means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.
4. Voted public security means a public security which has been approved or purportedly approved by those qualified electors of the public body issuing the public security and voting on a proposal authorizing its issuance.
Sec. 3. The legislature by this act finds and declares that since the last session of the legislature:
1. Decisions of various state and federal courts in the United States concerning qualifications of voters at elections of various types, including without limitation elections on bond questions, raise by implication questions as to the possible invalidity of elections pertaining to voted public securities and the proceedings taken wholly or in part preliminary to and in the issuance of voted public securities and other public securities which may be funded wholly or in part with the proceeds of voted public securities and are issued or are to be issued in anticipation of the subsequent issuance of voted public securities.
2. The state and certain public bodies thereof need additional and costly public facilities and need to be able to borrow money to defray wholly or in part the cost of such facilities by the issuance of such voted public securities, other public securities issued in anticipation thereof and which may be funded by such voted public securities, and other nonvoted public securities.
3. The public health, safety, convenience and welfare require that the legislature resolve all questions as to the legality of such public securities and the proceedings had and taken prior to the adoption of this act wholly or in part preliminary to and in the issuance of such public securities, whether any such question arises because of any irregularity or purported irregularity pertaining to such a bond election or otherwise.
Sec. 4. All outstanding voted public securities, other outstanding public securities issued in anticipation of voted public securities and which may be funded with the proceeds thereof, and other outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance pertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of fees, rates, tolls and other charges, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including without limitation such acts and proceedings pertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued.
κ1973 Statutes of Nevada, Page 277 (CHAPTER 219, SB 401)κ
may be funded with the proceeds thereof, and other outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance pertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of fees, rates, tolls and other charges, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including without limitation such acts and proceedings pertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had or taken, nor purportedly had or taken, but required by and in substantial and due compliance with laws pertaining to any such public securities heretofore not issued nor purportedly issued.
Sec. 5. This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.
Sec. 6. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 7. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 278κ
Senate Bill No. 408Committee on Federal, State and Local Governments
CHAPTER 220
AN ACT to amend NRS 361.603 by permitting acquisition of tax delinquent properties by the University of Nevada System.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.603 is hereby amended to read as follows:
361.603 1. Any local government or the University of Nevada System may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which such local government or any part of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government or the system determines that a public purpose may be served by the acquisition of such property, it may make application to the board of county commissioners for permission to acquire such property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last-known owner or heirs or devisees of such last-known owner of the property in the manner provided by law.
3. Such last-known owner may, within 90 days of such notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If such owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government or the board of regents of the University of Nevada upon receiving from it the amount of the delinquent taxes, plus penalties, interest and costs.
________
Senate Bill No. 415Senator Monroe
CHAPTER 221
AN ACT relating to irrigation districts; increasing the permissible rate of assessment for operating purposes.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization, or for any of the purposes of this chapter, the board of directors may, at any time with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $50,000, nor in any event exceeding $1 per acre, and many cause warrants of the district to issue therefor, bearing interest at not to exceed 8 percent per annum. The directors shall have the power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.
κ1973 Statutes of Nevada, Page 279 (CHAPTER 221, SB 415)κ
directors shall have the power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the directors shall have the power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not to exceed [50 cents] $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.
________
Senate Bill No. 439Senator Blakemore
CHAPTER 222
AN ACT confirming and ratifying the actions of the Town of Alamo and the Pahranagat Valley Soil Conservation District in contracting for a covered underground irrigation system.
[Approved April 5, 1973]
Whereas, The town of Alamo, a political subdivision of the State of Nevada, and the Pahranagat Valley soil conservation district, a soil conservation district organized under chapter 548 of NRS, have entered into a transaction whereby the town of Alamo incurred certain obligations in its efforts to improve sanitation conditions in the town of Alamo by installing a covered underground irrigation system; and
Whereas, The town of Alamo now is indebted to the Pahranagat Valley soil conservation district in the amount of $5,000 plus interest at the rate of 5 percent per annum on the unpaid balance; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 277.045 and 332.040 or any other law, the acts and proceedings heretofore taken by the town of Alamo and the Pahranagat Valley soil conservation district to improve the irrigation system in the town of Alamo and the incurring of the obligation of $5,000, plus interest, are hereby validated, ratified, approved and confirmed, including but not limited to the proposed plan of payment by the town of Alamo. The county auditor and the county treasurer of Lincoln County are hereby authorized to use funds available to make an initial payment of $4,000 on or before June 30, 1973, plus interest at 5 percent per annum accrued to the date of payment and the further payment of $1,000 plus interest at 5 percent per annum on the unpaid balance on or before June 30, 1974, to the Pahranagat Valley soil conservation district.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 280κ
Assembly Bill No. 122Messrs. Broadbent and Getto
CHAPTER 223
AN ACT to repeal NRS 584.120, relating to definition of pasteurized milk or cream.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.120 is hereby repealed.
Sec. 2. NRS 584.125 is hereby amended to read as follows:
584.125 For the purposes of NRS 584.110 to 584.160, inclusive, wholesome butter is defined to be butter made from cream and milk wherein the entire procedure from dairy to creamery, or other place of manufacture of such product or products, is conducted under sanitary conditions; and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or, if not so certified, wherein such milk or cream has been pasteurized as prescribed [in NRS 584.120.] by the commissioner of food and drugs pursuant to NRS 584.135.
________
Assembly Bill No. 303Committee on Agriculture
CHAPTER 224
AN ACT relating to agricultural products and labels; providing intrastate authority over variety seed labeling; and providing a penalty.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 587 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It shall be unlawful to sell or offer for sale by variety name, seed not certified by an official seed certifying agency, when the variety is one for which an application for a certificate has been filed, or for which a certificate of plant variety protection has been issued under authority of the Plant Variety Protection Act (7 U.S.C. §§ 2321 et seq.) requiring that the variety is to be sold as Certified Seed only.
Sec. 2. NRS 587.123 is hereby amended to read as follows:
587.123 Any person who violates any of the provisions of NRS 587.015 to 587.119, inclusive, or section 1 of this act, is guilty of a misdemeanor.
________
κ1973 Statutes of Nevada, Page 281κ
Senate Bill No. 168Senator Monroe
CHAPTER 225
AN ACT to amend NRS 4.020, relating to justices of the peace, by increasing their terms to 4 years; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.020 is hereby amended to read as follows:
4.020 1. [Until the 1st Monday in January 1967, there shall be one justices court in each of the townships of the state, for which one justice of the peace shall be elected by the qualified electors of the township at the general state election next preceding the expiration of the term of office of his predecessor.
2. From and after the 1st Monday in January 1967, there] There shall be one justices court in each of the townships of the state having a population of 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, for which one justice of the peace shall be elected by the qualified electors of the township at the general state election [next preceding the expiration of the term of office of his predecessor.
3. From and after the 1st Monday in January 1967, there] in November 1974, and every 4 years thereafter.
2. There shall be one justices court in each of the townships of the state having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for which two justices of the peace shall be elected by the qualified electors of the township at the general state election to be held in November [1966,] 1974, and at each state general election held every [2] 4 years thereafter.
[4.] 3. The term of office of justices of the peace shall be [2] 4 years [from and after] beginning on the 1st Monday in January next succeeding their election.
[5.] 4. Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.
[6.] 5. The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the secretary of state the election or appointment and qualification of the justice of the peace. The certificate shall be filed in the office of the secretary of state as evidence of the official character of such officer.
Sec. 2. This act shall become effective on July 1, 1973, for the purposes of nomination and election of justices of the peace, and for all other purposes on the 1st Monday of January, 1975.
________
κ1973 Statutes of Nevada, Page 282κ
Senate Bill No. 179Senator Monroe
CHAPTER 226
AN ACT increasing travel and subsistence allowances for justices of the peace.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.050 is hereby amended to read as follows:
4.050 1. When any justice of the peace [shall be] is entitled to receive his necessary traveling expenses for the transaction of public business, [such expenses shall include his actual living expenses, not to exceed $10 per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance.
2. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, may allow for traveling by private conveyance an amount not to exceed 10 cents per mile so traveled.] the board of county commissioners shall allow him the same per diem allowances and travel expenses as are provided for state officers in the same circumstances by NRS 281.160.
[3.] 2. Any justice of the peace presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the boards of county commissioners of the several counties are [hereby] prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.
________
Senate Bill No. 110Committee on Transportation
CHAPTER 227
AN ACT relating to police officers authority; making willful failure or refusal to comply with any lawful directives of police officers unlawful.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.253 is hereby amended to read as follows:
484.253 It is unlawful for any person willfully to fail or refuse to comply with any lawful order or direction of any police officer [invested by law with authority to direct, control or regulate traffic.] while he is performing his duties in the enforcement of this chapter.
________
κ1973 Statutes of Nevada, Page 283κ
Assembly Bill No. 304Committee on Agriculture
CHAPTER 228
AN ACT relating to regulation of nurseries and nursery stock; requiring annual registration of persons and governmental agencies who maintain a nursery and are exempt from licensing requirements.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.236 is hereby amended to read as follows:
555.236 1. Every person who [sells] engages in the commercial production, holding, distribution, collection or selling of nursery stock shall obtain a license from the executive director, except:
(a) Retail florists or other persons who sell potted, ornamental plants intended for indoor decorative purposes.
(b) A person not engaged in the nursery business, raising nursery stock as a hobby in this state, from which he makes occasional sales, if such person reports to the executive director his intention to make such sales and does not advertise or solicit for the sale of such nursery stock.
(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.
(d) That the executive director may, to relieve hardships imposed by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon persons residing in sparsely settled areas of the state in which there exist no licensed nurseries, waive nursery licensing requirements for any established business concern to permit occasional sales of nursery stock for customer accommodation.
(e) At the discretion of the executive director, persons selling vegetable bulbs or flower bulbs, such as onion sets, tulip bulbs or similar bulbs.
2. Persons, state agencies or political subdivisions exempt from the licensing requirements: [shall]
(a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the executive director.
(b) Shall register annually, on or before July 1, with the department, the location, size and type of nursery stock being produced.
________
κ1973 Statutes of Nevada, Page 284κ
Assembly Bill No. 324Committee on Agriculture
CHAPTER 229
AN ACT relating to bees and apiaries; extending the collection of fees for the inspection and certification of bees or appliances.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.215 is hereby amended to read as follows:
552.215 When an inspection is requested by any person for the purpose of obtaining a certificate of inspection for [out-of-state movement of] bees or appliances, the applicant for such certificate shall pay a reasonable fee as prescribed by the department to pay the expenses of the inspection.
________
Assembly Bill No. 322Committee on Agriculture
CHAPTER 230
AN ACT relating to the regulation of nurseries and nursery stock; clarifying terms; providing pest control for intrastate shipment; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.235 is hereby amended to read as follows:
555.235 As used in NRS 555.235 to 555.249, inclusive:
1. Agent means any person who:
(a) Acts upon the authority of another person possessing a valid nursery license in this state; and
(b) Solicits for the sale of nursery stock.
2. Container means any receptacle in which nursery stock is packed for shipment, storage or sale.
3. Executive director means the executive director of the state department of agriculture.
4. Inspecting officer means a person authorized by the department of agriculture to inspect nursery stock.
5. Licensee means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.
6. Nursery means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.
7. Nursery stock means any plant for planting, propagation or ornamentation, and includes parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.
8. Peddler means any person who sells, solicits or offers for sale nursery stock to the ultimate consumer and who does not have an established permanent place of business in the state, but it shall not include nurserymen who wholesale stock to retail nurserymen in this state.
κ1973 Statutes of Nevada, Page 285 (CHAPTER 230, AB 322)κ
established permanent place of business in the state, but it shall not include nurserymen who wholesale stock to retail nurserymen in this state.
9. Person means any individual, firm, corporation, company or association.
10. Pest means:
(a) Any form of animal life detrimental to the nursery industry of the state.
(b) Any form of vegetable life detrimental to the nursery industry of the state.
11. Pest disease means any infectious, transmissible or contagious disease of plants, or any disorder of plants which manifests symptoms or behavior which the director, after investigation, determines to be characteristic of an infectious, transmissible or contagious disease.
12. Place of business means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock and includes but is not limited to established permanent places of business, registered places of business, established sales yards, store yards, store or sales locations or similar outlets for which the minimum nursery license fee has been paid.
13. Sell means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.
Sec. 2. NRS 555.245 is hereby amended to read as follows:
555.245 1. Any person may request the executive director to certify to [the] pest conditions, quality, viability or grade of nursery stock intended for [out-of-state] shipment to meet plant pest [quarantine] requirements [of other states, territories or foreign countries.] established by any state, territory or foreign country or by contract.
2. The executive director may establish a schedule of reasonable fees for such certification requests.
________
Assembly Bill No. 326Committee on Agriculture
CHAPTER 231
AN ACT relating to custom application of pesticides; making certain changes in the examining and fee requirements for licensees; and providing for licensing on a calendar year basis.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.270 is hereby amended to read as follows:
555.270 It is the policy of this state and the purpose of NRS 555.2605 to 555.460, inclusive, to regulate, in the public interest, the [custom] application of pesticides which, although valuable for the control of pests, may seriously injure man, animals and crops over wide areas if not properly applied.
Sec. 2. NRS 555.290 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 286 (CHAPTER 231, AB 326)κ
555.290 1. Application for a license shall be made to the executive director and shall contain information regarding the applicants qualifications and proposed operations and other relevant matters as required pursuant to regulations promulgated by the executive director.
2. If an applicant fails to complete the licensing requirements within 30 days after the date on which he submits his application, he shall forfeit all fees he has tendered. Thereafter he may reinitiate the application process upon payment of the appropriate fees.
Sec. 3. NRS 555.310 is hereby amended to read as follows:
555.310 [The] 1. The executive director shall collect from each person applying for the examination or reexamination a testing fee of $5 for each field of pest control in which the applicant wishes to be examined, subject, however, to a maximum charge of $25 and a minimum charge of $10 for any one application.
2. Upon the successful completion of the testing, the executive director shall collect from each person applying for a license for the custom application of pesticides the sum of $25 before the license is issued. Any company or person employing operators, pilots or agents shall pay to the executive director $10 for each such operator, pilot or agent [.] licensed.
Sec. 4. NRS 555.320 is hereby amended to read as follows:
555.320 1. If the executive director finds the applicant qualified, and upon the applicants appointing the executive director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the executive director shall issue a license to perform custom application of pesticides within this state.
2. The license period is the [fiscal] calendar year. All licenses shall expire on [June 30] December 31 of each year. The license may be renewed annually upon application to the executive director and payment of the license fee on or before [July 31] January 16 of each year.
3. A penalty fee of $5 shall be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license to the time of application for renewal.
4. The license may restrict the licensee to the use of a certain type or types of equipment or materials if the executive director finds that the applicant is qualified to use only such type or types.
5. If a license is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.
Sec. 5. NRS 555.370 is hereby amended to read as follows:
555.370 The executive director may provide for inspection of any ground equipment or of any device or apparatus used for [custom] application of pesticides by aircraft, and may require proper repairs or other changes before its further use. [for custom application.]
________
κ1973 Statutes of Nevada, Page 287κ
Assembly Bill No. 464Committee on Environment and Public Resources
CHAPTER 232
AN ACT to amend NRS 501.361, relating to the petty cash fund in the Nevada department of fish and game, by increasing the amount in the fund.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.361 is hereby amended to read as follows:
501.361 A petty cash fund in the amount of [$50] $150 for the payment of minor expenses of the department is hereby created. Such fund shall be kept in the custody of an employee designated by the director and shall be replenished periodically from the fish and game fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.
________
Assembly Bill No. 466Committee on Environment and Public Resources
CHAPTER 233
AN ACT relating to the Nevada department of fish and game; permitting the department to protect property threatened by any wildlife species.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.595 is hereby amended to read as follows:
503.595 After the owner or tenant of any land or property has made a report to the department indicating that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by [game animals, game birds, fur-bearing animals or protected species of] wildlife, the department may, after thorough investigation and pursuant to such regulations as the commission may promulgate, cause such action to be taken as it may deem necessary, desirable and practical to prevent or alleviate such damage or threatened damage to such land or property.
________
κ1973 Statutes of Nevada, Page 288κ
Senate Bill No. 166Committee on Commerce and Labor
CHAPTER 234
AN ACT relating to the University of Nevada System; providing alternative methods of medical insurance coverage for athletes; and providing other matters properly relating thereto.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The University of Nevada, Reno, the University of Nevada, Las Vegas, and the community college division of the University of Nevada System may each elect to insure members of varsity and freshman athletic teams representing the respective campuses for unlimited medical coverage for injuries incurred while the members of such teams are engaged in organized practice or actual competition or any activity related thereto. Such insurance may be obtained from a private carrier or from the Nevada industrial commission.
Sec. 2. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The Nevada industrial commission shall offer a program of unlimited medical coverage of freshman and varsity athletic teams of the University of Nevada System for injuries incurred while the members of such teams are engaged in organized practice or actual competition or any activity related thereto, which shall be funded separately from the state insurance fund, and for this purpose shall establish premium rates on the basis of man months of athletic participation by members of the athletic teams. Any participation by the member of an athletic team during a calendar month shall be counted as one man month for purposes of premium calculation. A team member so covered is not entitled to any other benefit under this chapter.
Sec. 3. NRS 616.081 is hereby repealed.
________
Senate Bill No. 96Committee on Health, Welfare and State Institutions
CHAPTER 235
AN ACT relating to employment of prisoners in the state prison; relieving the warden from responsibility for delivery of motor vehicle license plates; and eliminating provisions for the repair of sacks.
[Approved April 5, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.480 is hereby amended to read as follows:
209.480 Automobile license plates and road signs to be used by and for the State of Nevada, or other states, shall be manufactured at the state prison in such quantities and dimensions as may be necessary for the needs of the State of Nevada [,] or other states.
κ1973 Statutes of Nevada, Page 289 (CHAPTER 235, SB 96)κ
state prison in such quantities and dimensions as may be necessary for the needs of the State of Nevada [,] or other states. [, and the warden shall deliver the license plates and signs to the proper departments of the State of Nevada to be used in accordance with the laws of this state.]
Sec. 2. NRS 209.490 is hereby repealed.
________
Senate Bill No. 107Committee on Finance
CHAPTER 236
AN ACT to amend 334.010 and 482.368 relating to state automobiles by increasing the purchase price limit for which certain automobiles may be purchased; exempting the governors vehicles from the requirement that state vehicles be specifically marked; and providing other matters properly relating thereto.
[Approved April 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 this subsection, and 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] $4,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in. The state board of examiners, however, may approve the purchase of an automobile costing more than $4,000 if the purpose of the automobile is to carry 7 or more passengers.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed [$7,500] $9,000 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] $5,000 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 the governor or 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.
κ1973 Statutes of Nevada, Page 290 (CHAPTER 236, SB 107)κ
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 a 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.
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 through 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 the governor or 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.
κ1973 Statutes of Nevada, Page 291 (CHAPTER 236, SB 107)κ
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 246Committee on Finance
CHAPTER 237
AN ACT making appropriations from the general fund in the state treasury to the division of water resources of the department of conservation and natural resources for the purposes of defraying consultant costs, making a certain environmental and wildlife impact investigation on Humboldt River, and paying certain costs of Gleason Creek flood control project; and providing other matters properly relating thereto.
[Approved April 5, 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 division of water resources of the state department of conservation and natural resources:
1. The sum of $75,000 for the purpose of defraying costs of consultant experts in administering water resources.
2. The sum of $50,000 for an environmental and wildlife impact investigation for the Humboldt River upstream storage project and the Rock Creek dam project.
3. The sum of $50,000 for financing the nonfederal costs for the Gleason Creek flood control project.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 332Mr. Getto
CHAPTER 238
AN ACT relating to local government; authorizing the establishment of optional paydays for county and township officers and employees; eliminating the requirement as to time for payment of semimonthly county salaries; deleting obsolete language; and providing other matters properly relating thereto.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.040 is hereby amended to read as follows:
4.040 1. The several boards of county commissioners of each county, at the regular meeting in July of any year in which an election of [township officers] justices of the peace is held, shall fix the minimum compensation of the justices of the peace within their respective townships for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 2-week intervals, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.
κ1973 Statutes of Nevada, Page 292 (CHAPTER 238, AB 332)κ
for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 2-week intervals, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.
2. If it becomes necessary to appoint a justice of the peace at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which the justice of the peace is appointed.
[3. Any action of a board of county commissioners abolishing a salary paid to any justice of the peace heretofore established or fixed by special action of the legislature, and providing for the compensation of such office or officer thereafter by fees alone, or otherwise, shall not be deemed as abolishing such office, it being the express intent of the legislature that in the future the compensation of the several justices of the peace throughout the state shall be fixed by the boards of county commissioners.]
Sec. 2. NRS 245.050 is hereby amended to read as follows:
245.050 All county officers and regular and temporary employees of the counties shall be paid their salaries as fixed by law, ordinance or resolution either at regular 2-week intervals or in two equal semimonthly payments. [The] If salaries are paid semimonthly, the first semimonthly payment for each month shall be for the first half of that particular month, and the second semimonthly payment shall be for the last half of the month. [; but the first half of the monthly salary shall not be paid before the 15th day of that month and the second half thereof before the last day of that month.]
Sec. 3. NRS 258.040 is hereby amended to read as follows:
258.040 1. The several boards of county commissioners of each county, at the regular meeting in July of any year in which an election of [township officers] constables is held, shall fix the minimum compensation of the constables within their respective townships for the ensuing term, either by stated salaries, payable monthly, semimonthly or at regular 2-week intervals, or by fee, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.
2. If it becomes necessary to appoint a constable at any time, the board of county commissioners in the county in which such appointment is made shall fix the compensation, either by salary or by fees, as provided by law, or both, for the term for which the constable is appointed.
[3. Any action of a board of county commissioners abolishing a salary paid to any constable heretofore established or fixed by special action of the legislature, and providing for the compensation of such office or officer thereafter by fees alone, or otherwise, shall not be deemed as abolishing such office, it being the express intent of the legislature that in the future compensation of the several constables throughout the state shall be fixed by the boards of county commissioners.]
Sec. 4. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 293κ
Assembly Bill No. 302Mrs. Ford
CHAPTER 239
AN ACT relating to elections; providing for voting assistance to the physically disabled.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any registered voter who by reason of physical disability is unable to mark a ballot or use a voting machine without assistance is entitled to such assistance from a consenting individual of his own choice, except an election board official who is not the spouse of such registered voter. No person providing assistance to a disabled voter in casting his vote shall disclose any information with respect to the casting of such ballot. The right to assistance in casting a ballot shall not be denied or impaired when the need for assistance by reason of a disability is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of disability when the need for assistance is not apparent or no member of the election board has knowledge thereof. Any such statement shall be executed under penalty of perjury.
________
Assembly Bill No. 262Mrs. Brookman, Messrs. Bremner, Fry, Smalley, Torvinen, Hickey, May, Mello, Jacobsen, Robinson, Howard, Demers, Bennett, Dreyer, Craddock, Lowman, Vergiels, Miss Foote, Mr. Schofield, Mrs. Gojack, Messrs. Broadbent, Ullom and Mrs. Ford
CHAPTER 240
AN ACT relating to the Indian affairs commission; changing its name to the Nevada Indian commission.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233A.010 is hereby amended to read as follows:
233A.010 As used in this chapter:
1. Chairman means the chairman of the [Indian affairs commission.] Nevada Indian commission.
2. Commission means the [Indian affairs commission.] Nevada Indian commission.
3. Commissioner means a commissioner of the [Indian affairs commission.] Nevada Indian commission.
Sec. 2. NRS 233A.020 is hereby amended to read as follows:
233A.020 There is hereby created the [Indian affairs commission] Nevada Indian commission in which shall be vested the administration of this chapter.
κ1973 Statutes of Nevada, Page 294 (CHAPTER 240, AB 262)κ
Nevada Indian commission in which shall be vested the administration of this chapter.
Sec. 3. 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 further amended by another act, correct any reference to the Indian affairs commission by substituting the Nevada Indian commission.
________
Assembly Bill No. 258Mrs. Brookman, Messrs. Smalley, Glover, Hickey, Bremner, Demers, Hayes, Crawford, Mello, Jacobsen, Fry, Huff, Barengo, Bennett, Robinson, Hafen, Schofield, Dreyer, Smith, Lowman, Mrs. Gojack, Messrs. Broadbent and Ullom
CHAPTER 241
AN ACT relating to the Indian affairs commission; reducing the number of commissioners; removing certain restrictions on eligibility for membership; and providing other matters properly relating thereto.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233A.030 is hereby amended to read as follows:
233A.030 1. The commission shall consist of [seven] five commissioners, of whom at least three shall be Indians. Any person who is [an employee, member or] in a policy-making position of any governmental agency which receives federal funds for the benefit of Indians is ineligible to be a commissioner.
2. The commissioners shall be appointed by and serve at the pleasure of the governor and may be reappointed by him. However, the tenure of office of each commissioner shall not extend beyond 3 years from the date of his original appointment.
3. The governor shall have authority to fill all vacancies created by by death, resignation or inability of a commissioner to perform his duties.
Sec. 2. NRS 233A.050 is hereby amended to read as follows:
233A.050 The commissioners shall designate a chairman and secretary. The commissioners shall meet at least four times each year and at such places and times as shall be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. [Four] Three members of the commission shall constitute a quorum which may exercise all the authority conferred upon the commission.
________
κ1973 Statutes of Nevada, Page 295κ
Assembly Bill No. 224Messrs. Hayes, Demers, Robinson, Barengo, Banner and Vergiels
CHAPTER 242
AN ACT relating to fees and expenses of jurors; permitting jurors to be paid in cash immediately upon conclusion of a trial; and providing other matters properly relating thereto.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.160 is hereby amended to read as follows:
6.160 The county clerk in cases in the district court shall keep a payroll, enrolling thereon names of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial: [shall forthwith give]
1. May give a statement of the amounts due to the jurors to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof [.] ; or
2. May make an immediate cash payment, notwithstanding the provisions of NRS 354.170, of the amount owing to each juror. Such payments shall be made from and to the extent allowed by the fees collected from the demanding party, pursuant to the provisions of NRS 6.150, and from and to the extent allowed by such other fees which have been collected pursuant to law. The clerk shall take from each juror so paid a receipt signed by him and indicating the date of payment, date or dates of service and the amount paid. A duplicate of this receipt shall be immediately delivered to the appropriate county auditor, county recorder or county comptroller.
________
Assembly Bill No. 215Messrs. Demers, Ullom, Mrs. Ford, Messrs. Wittenberg, Smalley, Huff, Lowman, Bremner and Bickerstaff
CHAPTER 243
AN ACT to amend NRS 412.346, relating to the Nevada National Guard, providing an accused with the right to counsel upon interrogation; and providing other matters properly relating thereto.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 412.346 is hereby amended to read as follows:
412.346 1. No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
2. No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first:
κ1973 Statutes of Nevada, Page 296 (CHAPTER 243, AB 215)κ
(a) [informing] Informing him of the nature of the accusation; [and advising]
(b) Advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial [.] ; and
(c) Advising him that he has a right to consult with a lawyer, that he has a right to have a lawyer present during questioning, that he has a right to be represented by a lawyer and that upon his request, one will be provided him without cost, or, if he prefers, he may retain counsel of his choice, at his own expense.
3. No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him in a trial by court-martial.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 78Committee on Government Affairs
CHAPTER 244
AN ACT authorizing the buildings and grounds division of the department of administration to charge state departments, agencies and institutions for labor and materials costs of remodeling and other extra services; and providing other matters properly relating thereto.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The superintendent may charge the various state departments, agencies and institutions for the cost of labor and materials for extra services provided to their respective offices by the buildings and grounds division. Extra services for which such charges may be made include but are not limited to office remodeling, furniture construction and moving. Moneys received by the superintendent for this purpose shall be deposited in the buildings and grounds operating fund in the state treasury.
________
κ1973 Statutes of Nevada, Page 297κ
Assembly Bill No. 75Committee on Government Affairs
CHAPTER 245
AN ACT relating to local government purchasing; deleting requirement of NRS 332.140 for notice to insurance agents inviting proposals for new or continuation contracts of insurance; providing notice to insurance agents of expiration dates.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 332.140 is hereby amended to read as follows:
332.140 1. Contracts which by their nature are not adapted to award by competitive bidding, such as contracts for items which may only be purchased from a single source, contracts for additions to and repairs and maintenance of equipment owned by the local government which may be more efficiently added to, repaired or maintained by a certain person, contracts for equipment which, by reason of the training of the personnel of or an inventory of replacement parts maintained by the local government is compatible with the existing equipment owned by the local government, and contracts for any insurance shall not be subject to the competitive bidding requirements of this chapter.
2. Except in cases of emergency, at least 60 days prior to the expiration date of any existing contract for insurance in which the local government is the insured [or at least 60 days prior to the purchase of initial contracts for insurance] the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice [to all insurance agents doing business in the political subdivision or other entity inviting such agents to submit written plans or proposals for consideration by the governing body for the purchase of new or continuation contracts for insurance.] of the expiration date of such contract for insurance.
________
Assembly Bill No. 14Mr. Jacobsen
CHAPTER 246
AN ACT relating to legislative investigations; providing procedures for the issuance and enforcement of subpenas; and providing other matters properly relating thereto.
[Approved April 6, 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 in sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, committee means a committee of either the senate or the assembly, a joint committee of both houses, or, when any of the foregoing committees is authorized to create subcommittees, a subcommittee.
κ1973 Statutes of Nevada, Page 298 (CHAPTER 246, AB 14)κ
Sec. 3. The assembly, senate and committees thereof may conduct investigations into any matter which is pertinent to possible future legislative action.
Sec. 4. 1. The assembly, senate and committees thereof, pursuant to their investigative powers, may issue subpenas for the production of material witnesses and relevant evidence. Such subpenas may be issued by the president of the senate, speaker of the assembly, or the chairman of a committee with the concurrence of a majority of the members of the committee.
2. Except in cases of impeachment as provided by article 7 of the constitution of the State of Nevada, a subpena shall not be issued to:
(a) The governor or any of his immediate staff.
(b) Any justice of the supreme court or judge of a district court.
Sec. 5. 1. A subpena is sufficient if it:
(a) States whether the proceeding is before the senate, assembly, or a committee;
(b) Is addressed to the witness;
(c) Requires the attendance of the witness at a time and place certain;
(d) States reasons making the testimony sought, or evidence requested, pertinent to possible future legislative action; and
(e) Is signed by the president of the senate, speaker of the assembly or chairman of the committee before whom attendance of the witness or production of evidence is desired, as the case may be.
2. The service of a subpena may be made by any person over 18 years of age.
Sec. 6. The members of the senate and assembly or a committee thereof may administer oaths to witnesses.
Sec. 7. If any witness neglects or refuses to obey a subpena, or after appearing neglects or refuses to testify as to any relevant matter, or to produce upon reasonable notice any relevant evidence, if the evidence is in his possession or under his control, he has committed a contempt.
Sec. 8. 1. If the witness was required to attend before the senate or assembly, any member of the house may offer a resolution to have him cited to show cause why he should not be imprisoned for his contempt. If the witness was required to attend before a committee while the legislature is in session, any member of the committee may be authorized by majority vote of the committee to offer a resolution in the house of which he is a member to have the witness so cited.
2. If the resolution is adopted, a citation shall issue, signed by the presiding officer of the house:
(a) Directing the recusant witness to appear before the house at a time and place specified in the citation to show cause, if any he has, why he should not be imprisoned for his contempt; and
(b) Accompanied by a copy of the original subpena if the witness failed to appear, or stating briefly the questions which he failed to answer or the evidence which he failed to produce, as the case may be.
3. The time and place stated in the citation shall afford the recusant witness a reasonable opportunity to prepare his defense.
4. The citation shall be served personally upon the recusant witness, and may be served by any peace officer or by the sergeant-at-arms or any regularly appointed assistant sergeant-at-arms of the house.
Sec. 9. The recusant witness is entitled at the hearing:
κ1973 Statutes of Nevada, Page 299 (CHAPTER 246, AB 14)κ
1. To the assistance of counsel.
2. To produce witnesses and offer evidence in his behalf.
3. To argue orally, in person or by counsel, within reasonable limits imposed by the presiding officer, and to present written arguments.
Sec. 10. 1. If the house finds by resolution that the recusant witness has in fact committed a contempt and should be imprisoned, a warrant shall issue.
2. The warrant shall be signed by the presiding officer, be directed to the sergeant-at-arms of the house or any peace officer, and order him to arrest the contemner and deliver him to the sheriff of Carson City or a designated county for imprisonment in the jail.
3. A copy of the warrant shall be delivered with the contemner, and shall further fix the time of his imprisonment as:
(a) The remaining duration of the legislative session; or
(b) A specified time, unless the legislature sooner adjourns.
The warrant may provide for the release of the contemner before the expiration of his period of imprisonment if he testifies or produces evidence as originally required.
Sec. 11. The imprisonment of a recusant witness for contempt is not a bar to any other proceeding, civil or criminal, for the same act.
Sec. 12. NRS 218.535 is hereby amended to read as follows:
218.535 1. Each house of the legislature may provide by appropriate rules for formal hearings.
2. [The legislator or legislators conducting such formal hearings are hereby authorized to subpena witnesses except state elected officials and to administer oaths to all persons appearing as witnesses before such formal hearing.
3.] Every person who appears and is sworn as a witness before either house of the legislature, or any committee thereof, convened for formal hearing, who willfully misrepresents any fact is guilty of a gross misdemeanor.
Sec. 13. This act shall become effective upon passage and approval.
________
Assembly Bill No. 404Messrs. Demers, Howard, Vergiels, Hayes, Ullom, Huff and Glover
CHAPTER 247
AN ACT relating to fire retardant roofing materials; requiring the establishment of standards for such materials and the designation of fire hazardous forested areas by the state forester firewarden; prohibiting new construction in such areas using other than fire retardant roofing materials; providing a penalty; and providing other matters properly relating thereto.
[Approved April 6, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 472 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A residential or commercial building shall not be constructed, altered, changed or repaired in any area designated by the state forester firewarden as fire hazardous if such construction utilizes roofing materials other than fire retardant roofing materials meeting the standards set by the state forester firewarden pursuant to NRS 472.040.
κ1973 Statutes of Nevada, Page 300 (CHAPTER 247, AB 404)κ
altered, changed or repaired in any area designated by the state forester firewarden as fire hazardous if such construction utilizes roofing materials other than fire retardant roofing materials meeting the standards set by the state forester firewarden pursuant to NRS 472.040.
2. The state forester firewarden shall notify the governing body of each city or county in which a building code is in effect as soon as standards for fire retardant roofing materials have been established pursuant to paragraph (e) of subsection 1 of NRS 472.040. Such governing body shall be responsible for the enforcement of the provisions of subsection 1 of this section within the areas over which it exercises jurisdiction. No building permit may be issued for construction within the jurisdiction of any such governing body in violation of subsection 1 of this section.
3. The state forester firewarden is responsible for the enforcement of the provisions of subsection 1 in all areas of the state in which there is no building code in effect.
4. This section shall not apply to buildings within the boundaries or jurisdiction of an agency or other governmental body established by an interstate compact approved by the Congress of the United States.
5. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 2. NRS 472.040 is hereby amended to read as follows:
472.040 1. The duties of the state forester firewarden shall be to:
(a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private individuals.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and to perform such other duties as might be designated by the director of the state department of conservation and natural resources, the state board of forestry and fire control or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the state where the construction of buildings on forested lands creates such a fire hazard as to require the imposition of roofing materials standards established pursuant to paragraph (e).
(e) Make and enforce rules and regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas designated pursuant to paragraph (d).
2. The state forester firewarden is authorized in carrying out the provisions of this chapter to:
(a) Appoint such paid foresters and firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens shall have only the police powers necessary to enforce the provisions of such laws.
κ1973 Statutes of Nevada, Page 301 (CHAPTER 247, AB 404)κ
(b) Appoint, in such number and localities as he may deem proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden or his duly appointed and authorized assistants.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens shall have all of the police powers of paid firewardens, but they shall receive no compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators, who shall be peace officers as provided in NRS 169.125. The provisions of this paragraph shall not constitute such investigators as police officers or firemen for the purposes of NRS 286.510.
(e) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and to expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property shall be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property shall be examined and approved by the attorney general.
Sec. 3. NRS 477.030 is hereby amended to read as follows:
477.030 1. The state fire marshal shall enforce all laws and ordinances, and make rules and regulations relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) The construction, maintenance and regulation of fire escapes.
(d) Overseeing the safety of and directing the means and adequacy of exit in case of fire from factories, asylums, institutions, day care facilities foster homes, nursing homes, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private residences, which are occupied for sleeping purposes, and all other places where large numbers of persons work, live or congregate from time to time for any purpose.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of rules and regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
κ1973 Statutes of Nevada, Page 302 (CHAPTER 247, AB 404)κ
4. The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.
Sec. 4. 1. Any existing residential or commercial building constructed prior to the effective date of this act is not required to comply with the provisions of section 1 of this act.
2. If, on the effective date of this act, construction has commenced on a residential or commercial building in an area in which there is no building code in effect, such construction is not required to comply with the provisions of section 1 of this act.
3. If, on the effective date of this act, a building permit for a residential or commercial building has been issued by the appropriate authorities, construction under such permit is not required to comply with the provisions of section 1 of this act.
________
Assembly Bill No. 738Committee on Commerce
CHAPTER 248
AN ACT relating to insurance; creating the Nevada Life and Health Insurance Guaranty Association Act.
[Approved April 9, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 38, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Life and Health Insurance Guaranty Association Act.
Sec. 3. The purpose of this chapter is to protect policyowners, insureds, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts and supplemental contracts, subject to certain limitations, against failure in the performance of contractual obligations due to the impairment of the insurer issuing such policies or contracts.
Sec. 4. 1. This chapter applies to direct life insurance policies, health insurance policies, annuity contracts and contracts supplemental to life and health insurance policies and annuity contracts issued by persons authorized to transact insurance in this state.
2. This chapter does not apply to:
(a) Any policies or contracts or any part thereof under which the risk is borne by the policyholder.
(b) Any policies or contracts or any part thereof assumed by the impaired insurer under a contract of reinsurance other than reinsurance for which assumption certificates have been issued.
Sec. 5. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 6 to 13, of this act have the meanings ascribed to them in those sections.
κ1973 Statutes of Nevada, Page 303 (CHAPTER 248, AB 738)κ
Sec. 6. Association means the Nevada Life and Health Insurance Guaranty Association.
Sec. 7. Board means the board of directors of the Nevada Life and Health Insurance Guaranty Association.
Sec. 8. Contractual obligation means any obligation under covered policies.
Sec. 9. Covered policy means any policy or contract included within the scope of this chapter, as expressed in section 4 of this act.
Sec. 10. Impaired insurer means an insurer who, after July 1, 1973:
1. Becomes insolvent and is placed under a final order of liquidation, rehabilitation or conservation by a court of competent jurisdiction; or
2. Is determined by the commissioner to be unable or potentially unable to fulfill his contractual obligations.
Sec. 11. Member insurer means any person authorized to transact any kind of insurance in this state to which this chapter applies.
Sec. 12. Premiums means direct gross insurance premiums and annuity considerations written on covered policies, less return premiums and considerations thereon and dividends paid or credited on policyholders on such direct business. The term does not include premiums and considerations on contracts between insurers and reinsurers.
Sec. 13. Resident means any person who resides in this state at the time the impairment is determined and to whom contractual obligations are owed.
Sec. 14. 1. There is hereby created a nonprofit, unincorporated, legal entity to be known as the Nevada Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved pursuant to section 30 of this act and shall exercise its powers through a board of directors established pursuant to section 15 of this act.
2. For purposes of administration and assessment, the association shall maintain three accounts:
(a) The health insurance account;
(b) The life insurance account; and
(c) The annuity account.
3. The association shall come under the immediate supervision of the commissioner and is subject to the applicable provisions of the Nevada Insurance Code.
Sec. 15. 1. The board of directors of the association shall consist of not less than five nor more than nine members, serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term in the manner described in the plan of operation. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one vote in person or by proxy.
κ1973 Statutes of Nevada, Page 304 (CHAPTER 248, AB 738)κ
or by proxy. If the board of directors is not selected within 60 days after notice of the organizational meeting, the commissioner may appoint the initial members.
2. In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.
3. Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors but members of the board shall not otherwise be compensated by the association for their services.
Sec. 16. 1. If a domestic insurer is an impaired insurer:
(a) The association may, prior to an order of liquidation or rehabilitation, subject to any conditions imposed by the association other than those which impair the contractual obligations of the impaired insurer and which are approved by the impaired insurer and the commissioner:
(1) Guarantee or reinsure, or cause to be guaranteed, assumed or reinsured, all the covered policies of the impaired insurer.
(2) Provide such moneys, pledges, notes, guarantees or other means as are proper to effectuate subparagraph (1), and assure payment of the contractual obligations of the impaired insurer pending action under subparagraph (1).
(3) Loan money to the impaired insurer.
(b) Under an order of liquidation or rehabilitation, the association shall, subject to the approval of the commissioner:
(1) Guarantee, assume or reinsure, or cause to be guaranteed, assumed or reinsured the covered policies of the impaired insurer.
(2) Assure payment of the contractual obligations of the impaired insurer.
(3) Provide such moneys, pledges, notes, guarantees or other means as are reasonably necessary to discharge such duties.
If the association fails to act within a reasonable time, the commissioner shall have the powers and duties of the association under this chapter with respect to such insurer.
2. If a foreign or alien insurer is an impaired insurer:
(a) The association may, prior to an order of liquidation, rehabilitation or conservation, with respect to the covered policies of residents and subject to any conditions imposed by the association other than those which impair the contractual obligations of the impaired insurer and which are approved by the impaired insurer and the commissioner:
(1) Guarantee or reinsure, or cause to be guaranteed, assumed or reinsured, the impaired insurers covered policies of residents.
(2) Provide such moneys, pledges, notes, guarantees or other means as are proper to effectuate subparagraph (1), and assure payment of the impaired insurers contractual obligations to residents pending action under subparagraph (1).
(3) Loan money to the impaired insurer.
(b) Under an order of liquidation, rehabilitation or conservation, the association shall, subject to the approval of the commissioner:
(1) Guarantee, assume or reinsure or cause to be guaranteed, assumed or reinsured the covered policies of residents.
κ1973 Statutes of Nevada, Page 305 (CHAPTER 248, AB 738)κ
(2) Assure payment of the contractual obligations of the impaired insurer to residents.
(3) Provide such moneys, pledges, notes, guarantees or other means as are reasonably necessary to discharge such duties.
If the association fails to act within a reasonable time, the commissioner shall have the powers and duties of the association under this chapter with respect to such insurer.
Sec. 17. In carrying out its responsibilities under paragraph (b) of subsection 1 and paragraph (b) of subsection 2, respectively, of section 16 of this act, the association may request the imposition of:
1. Policy liens, contract liens, moratoriums on payments or other suitable restraints if the commissioner:
(a) Finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the impaired insurers contractual obligations, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of policy or contract liens, moratoriums or other suitable restraints to be in the public interest.
(b) Approves the specific policy liens, contract liens, moratoriums or other suitable restraints to be used.
2. Temporary moratoriums or liens on payments of cash values and policy loans if, before the association becomes obligated under paragraph (b) of subsection 1 or paragraph (b) of subsection 2, respectively, of section 16 of this act, such temporary moratoriums or liens are approved by the commissioner.
Sec. 18. The association is not liable under section 16 of this act for any covered policy of a foreign or alien insurer whose domiciliary jurisdiction or state of entry provides by statute or regulation, protection for residents of this state substantially similar to that provided by this chapter for residents of other states.
Sec. 19. The association may render assistance and advice to the commissioner upon his request, concerning rehabilitation, payment of claims, continuation of coverage or the performance of other contractual obligations of any impaired insurer.
Sec. 20. The association has standing to appear before any court in this state, having jurisdiction over an impaired insurer concerning which the association is or may become obligated under this chapter. Such standing extends to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring or guaranteeing the covered policies of the impaired insurer and the determination of the covered policies and contractual obligations.
Sec. 21. 1. Any person receiving benefits under this chapter shall be deemed to have assigned his rights under the covered policy to the association to the extent of the benefits received because of this chapter whether the benefits are payments of contractual obligations or continuation of coverage. The association may require an assignment to it of such rights by any payee, policy or contract owner, beneficiary, insured or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon such person. The association is subrogated to these rights against the assets of any impaired insurer.
κ1973 Statutes of Nevada, Page 306 (CHAPTER 248, AB 738)κ
2. The subrogation rights of the association under this subsection have the same priority against the assets of the impaired insurer as that possessed by the person entitled to receive benefits under this chapter.
Sec. 22. The contractual obligations of the impaired insurer for which the association becomes or may become liable are as great as but no greater than the contractual obligations of the impaired insurer would have been in the absence of an impairment unless such obligations are reduced as permitted by section 17 of this act, but the association is not liable with respect to any portion of a covered policy to the extent that the death benefit coverage on any one life exceeds an aggregate of $200,000.
Sec. 23. The association may:
1. Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter.
2. Sue or be sued, including the taking of any legal action necessary or proper for recovery of any unpaid assessments under section 24 of this act.
3. Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default are legal investments for domestic insurers and may be carried as admitted assets.
4. Employ or retain such persons as are necessary to handle the financial transactions of the association, and to perform such other functions as become necessary or proper under this chapter.
5. Negotiate and contract with any liquidator, rehabilitator, conservator or ancillary receiver to carry out the powers and duties of the association.
6. Take such legal action as may be necessary to avoid payment of improper claims.
7. Exercise, for the purposes of this chapter and to the extent approved by the commissioner, the powers of a domestic life or health insurer, but in no case may the association issue insurance policies or annuity contracts other than those issued to perform the contractual obligations of the impaired insurer.
Sec. 24. 1. For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board shall assess the member insurers, separately for each account, at such times and for such amounts as the board finds necessary. The board shall collect the assessments after 30 days written notice to the member insurers before payment is due.
2. There are three classes of assessments, as follows:
(a) Class A assessments shall be made for the purpose of meeting administrative costs and other general expenses not related to a particular impaired insurer.
(b) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under sections 16 to 23, inclusive, of this act with regard to an impaired domestic insurer.
(c) Class C assessments shall be made to the extent necessary to carry out the powers and duties of the association under sections 16 to 23, inclusive, of this act with regard to an impaired foreign or alien insurer.
κ1973 Statutes of Nevada, Page 307 (CHAPTER 248, AB 738)κ
Sec. 25. 1. The amount of any Class A assessment for each account shall be determined by the board. The amount of any Class B or C assessment shall be divided among the accounts in the proportion that the premiums received by the impaired insurer on the policies covered by each account bears to the premiums received by such insurer on all covered policies.
2. Class A and Class C assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account bears to such premiums received on business in this state by all assessed member insurers.
3. Class B assessments for each account shall be made separately for each state in which the impaired domestic insurer was authorized to transact insurance at any time, in the proportion that the premiums received on business in such state by the impaired insurer on policies covered by such account bears to such premiums received in all such states by the impaired insurer. The assessments against member insurers shall be in the proportion that the premiums received on business in each such state by each assessed member insurer on policies covered by each account bears to such premiums received on business in each state by all assessed member insurers.
4. Assessments for funds to meet the requirements of the association with respect to an impaired insurer shall not be made until necessary to implement the purposes of this chapter. Classification of assessments under subsection 2 of section 24 of this act and computation of assessments under this section shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.
Sec. 26. 1. The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the board, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurers premiums in this state on the policies covered by the account.
2. If an assessment against a member insurer is abated or deferred, in whole or in part, because of the limitations set forth in subsection 1, the amount by which such assessment is abated or deferred shall be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section. If the maximum assessment, together with the other assets of the association in either account, does not provide in any 1 year in either account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter.
Sec. 27. The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed the amount the board finds is necessary to carry out during the coming year the obligations of the association with regard to that amount, including assets accruing from net realized gains and income from investments.
κ1973 Statutes of Nevada, Page 308 (CHAPTER 248, AB 738)κ
and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the association and for future losses if refunds are impractical.
Sec. 28. 1. It is proper for any member insurer, in determining its premium rates and policyowner dividends as to any kind of insurance within the scope of this chapter, to consider the amount reasonably necessary to meet its assessment obligations under this chapter.
2. As used in sections 24 to 28, inclusive, of this act, premiums means those, so defined in section 12 of this act, for the calendar year preceding the determination of impairment.
Sec. 29. 1. The association shall issue to each insurer paying an assessment under this chapter a certificate of contribution, in a form prescribed by the commissioner, for the amount so paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A member insurer shall, at its option, have the right to show a certificate of contribution as an admitted asset in its financial statement at percentages of the original face amount, either for such longer period as may be allowed by the commissioner or for calendar years as follows:
(a) One hundred percent for the first calendar year of issuance;
(b) Eighty percent for the first calendar year after the year of issuance;
(c) Sixty percent for the second calendar year after the year of issuance;
(d) Forty percent for the third calendar year after the year of issuance;
(e) Twenty percent for the fourth calendar year after the year of issuance; and
(f) Not at all for the fifth calendar year after the year of issuance and thereafter.
2. The insurer may offset against its premium tax liability to this state, accrued with respect to business transacted in a calendar year, an amount equal to the asset written off by it in that year pursuant to subsection 1.
3. Any sum acquired by refund from the association which theretofore had been written off by the contributing insurer and offset against premium taxes as provided in subsection 2 shall be paid to the commissioner and by him deposited with the state treasurer for credit to the general fund in the state treasury.
Sec. 30. 1. The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the commissioner. All member insurers shall comply with the plan of operation.
2. If the association fails to submit a suitable plan of operation by January 1, 1974, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.
κ1973 Statutes of Nevada, Page 309 (CHAPTER 248, AB 738)κ
3. The plan of operation shall:
(a) Establish procedures for handling the assets of the association.
(b) Establish the amount and method of reimbursing members of the board under section 15 of this chapter.
(c) Establish regular places and times for meetings of the board.
(d) Establish procedures for records to be kept of all financial transactions of the association, its agents and the board.
(e) Establish the procedures whereby selections for the board will be made and submitted to the commissioner.
(f) Establish any additional procedures for assessments under sections 24 to 28, inclusive, of this act.
(g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.
4. The plan of operation may provide that any or all powers and duties of the association, except those under subsection 3 of section 23 and sections 24 to 28, inclusive, of this act, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this subsection shall take effect only with the approval of both the board and the commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter.
Sec. 31. 1. The commissioner shall:
(a) Notify the board of the existence of an impaired insurer not later than 3 days after a determination of impairment is made or he receives notice of impairment.
(b) Upon request of the board, provide the association with a statement of the premiums in the appropriate states for each member insurer.
(c) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. The failure of the insurer to comply with such demand promptly does not excuse the association from the performance of its powers and duties under this chapter.
2. The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed 5 percent of the unpaid assessment per month, but no forfeiture may be less than $100 per month.
3. Any action of the board or the association may be appealed to the commissioner by any member insurer if such appeal is taken within 30 days of the action being appealed. Any final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction.
4. The receiver or ancillary receiver of any impaired insurer may notify all interested persons of the effect of this chapter.
κ1973 Statutes of Nevada, Page 310 (CHAPTER 248, AB 738)κ
Sec. 32. To aid in the detection and prevention of insurer impairments:
1. The board shall, upon majority vote, notify the commissioner of any information indicating any member insurer may be unable or potentially unable to fulfill its contractual obligations.
2. The board may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be unable or potentially unable to fulfill its contractual obligations. The commissioner may conduct such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated as are other examination reports. Such examination report shall not be released to the board prior to its release to the public, but this does not excuse the commissioner from his obligation to comply with subsection 3. The commissioner shall notify the board when the examination is completed. The request for an examination shall be kept on file by the commissioner but it shall not be open to public inspection prior to the release of the examination report to the public and shall be released at that time only if the examination discloses that the examined insurer is unable or potentially unable to meet its contractual obligations.
3. The commissioner shall report to the board when he has reasonable cause to believe that any member insurer examined at the request of the board may be unable or potentially unable to fulfill its contractual obligations.
4. The board may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents.
5. The board may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer impairments.
6. The board shall, at the conclusion of any insurer impairment in which the association carried out its duties under this chapter or exercised any of its powers under this chapter, prepare a report on the history and causes of such impairment, based on the information available to the association, and submit such report to the commissioner.
Sec. 33. The association may recommend a person to serve as a special deputy to act for the commissioner and under his supervision in the liquidation, rehabilitation or conservation of any member insurer.
Sec. 34. 1. This chapter does not reduce the liability for unpaid assessments of the insureds of an impaired insurer operating under a plan with assessment liability.
2. Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under sections 16 to 23, inclusive, of this act. Records of such negotiations or meetings shall be made public only upon the termination of a liquidation, rehabilitation or conservation proceeding involving the impaired insurer, upon the termination of the impairment of the insurer, or upon the order of a court of competent jurisdiction.
κ1973 Statutes of Nevada, Page 311 (CHAPTER 248, AB 738)κ
the termination of the impairment of the insurer, or upon the order of a court of competent jurisdiction. This subsection does not limit the duty of the association to render a report of its activities under section 35 of this act.
3. For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee pursuant to subsection 1 of section 21 of this act. All assets of the impaired insurer attributable to covered policies shall be used to continue all covered policies and pay all contractual obligations of the impaired insurer as required by this chapter. Assets attributable to covered policies, as used in this subsection, is that proportion of the assets which the reserves that should have been established for such policies bear to the reserve that should have been established for all policies of insurance written by the impaired insurer.
4. Prior to the termination of any liquidation, rehabilitation or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders and policy owners of the impaired insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such impaired insurer. In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer. No distribution to stockholders, if any, of an impaired insurer may be made until and unless the total amount of assessments levied by the association with respect to such insurer have been fully recovered by the association.
5. It is a prohibited unfair trade practice for any person to make use in any manner of the protection afforded by this chapter in the sale of insurance.
6. In all cases under this chapter:
(a) If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right to recover on behalf of the insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the 5 years preceding the petition for liquidation or rehabilitation, subject to the limitations of paragraphs (b) to (d), inclusive.
(b) No such dividend is recoverable if the insurer shows that when paid the distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.
(c) Any person who as an affiliate that controlled the insurer at the time the distributions were paid is liable up to the amount of distributions he received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared, is liable up to the amount of distributions he would have received if they had been paid immediately. If two persons are liable with respect to the same distributions, they are jointly and severally liable.
κ1973 Statutes of Nevada, Page 312 (CHAPTER 248, AB 738)κ
(d) The maximum amount recoverable under this subsection is the amount needed in excess of all other available assets of the impaired insurer to pay the contractual obligations of the impaired insurer.
(e) If any person liable under paragraph (c) is insolvent, all its affiliates that controlled it at the time the dividend was paid, are jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.
Sec. 35. The association is subject to examination and regulation by the commissioner. The board shall submit to the commissioner, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the commissioner and a report of its activities during the preceding calendar year.
Sec. 36. The association is exempt from payment of all fees and all taxes levied by this state or any of its political subdivisions, except taxes on property.
Sec. 37. There is no liability on the part of and no cause of action of any nature arises against any member insurer or its agents or employees, the association or its agents or employees, members of the board or the commissioner or his representatives for any action taken by them in the performance of their powers and duties under this chapter.
Sec. 38. All proceedings in which the impaired insurer is a party in any court in this state shall be stayed for 60 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and is entitled to defend against such suit on the merits.
Sec. 39. NRS 687A.020 is hereby amended to read as follows:
687A.020 This chapter shall apply to all kinds of direct insurance, except annuity contracts and life, health, title, surety, [disability,] accounts receivable, mortgage guaranty and ocean marine insurance.
Sec. 40. This act shall become effective upon passage and approval.
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Senate Bill No. 469Committee on Finance
CHAPTER 249
AN ACT to amend NRS 218.830, relating to fiscal analysts report, by providing for a biennial report instead of an annual report; and providing other matters properly relating thereto.
[Approved April 9, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.830 is hereby amended to read as follows:
218.830 1. The fiscal analyst shall prepare [an annual] a biennial report for the governor, the legislative counsel bureau and members of the [legislature.]
κ1973 Statutes of Nevada, Page 313 (CHAPTER 249, SB 469)κ
the [legislature.] , legislature, which shall be submitted prior to December 31 of each even-numbered year. Copies of the report shall be filed in the office of the secretary of state.
2. The [annual] biennial report shall contain, among other things:
(a) Copies of, or the substance of, reports made to the various state departments, as well as a summary of changes made in the system of accounts and records thereof.
(b) Specific recommendations to the legislature for the amendment of existing laws or the enactment of new laws designed to improve the functioning of various departments of the state government to the end that more efficient service may be rendered and the cost of government reduced.
________
Senate Bill No. 48Senator Dodge
CHAPTER 250
AN ACT to amend NRS 396.505, relating to the University of Nevada; by requiring the board of regents to prepare and submit to the legislature a comprehensive plan covering successive periods of 4 instead of 10 years; and providing other matters properly relating thereto.
[Approved April 9, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.505 is hereby amended to read as follows:
396.505 1. The board of regents of the University of Nevada shall prepare a comprehensive [plans showing, for the respective periods from July 1, 1969, to June 30, 1974, and from July 1, 1974, to June 30, 1979:] plan for the next 4 years which explains:
(a) Any anticipated new programs and expansions of existing programs of instruction, public service or research, itemized by year and by purpose;
(b) The anticipated cost of each new or expanded program described under paragraph (a);
(c) The amount and source of any moneys anticipated to be available, from sources other than legislative appropriation, to meet each item of anticipated cost listed pursuant to paragraph (b); and
(d) Any further information concerning its comprehensive planning [for the respective periods] which the board of regents may deem appropriate.
2. [The board of regents shall present the comprehensive plans required by subsection 1 to the 55th session of the legislature within 10 days after the 3rd Monday in January 1969.
3.] The board of regents shall biennially bring [each] the plan up to date for the ensuing [and next succeeding 5-year periods respectively,] 4 years, and shall present [such revised plans] the revised plan to the legislature [within 10 days after the 3rd Monday in January] not later than February 1 of each odd-numbered year.
κ1973 Statutes of Nevada, Page 314 (CHAPTER 250, SB 48)κ
Sec. 2. The plan prescribed by this act shall be presented initially to the legislature on or before February 1, 1975, to cover the 4-year period commencing on July 1, 1975.
________
Senate Bill No. 191Committee on Health, Welfare and State Institutions
CHAPTER 251
AN ACT relating to public health; expanding regulatory authority of district health boards; prescribing a penalty for violation of board regulations; permitting injunctive relief for health violations in general; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health shall have the powers, duties and authority of a county board of health in the health district.
2. The district health department shall have jurisdiction over all public health matters in the health district.
3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health shall have the power by affirmative vote of a majority of all the members of the board to adopt, promulgate, amend and enforce reasonable rules and regulations consistent with law, which rules and regulations shall take effect immediately on their approval by the state board of health to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) Provide for the sanitary protection of water, food supplies and sewage disposal; and
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
4. In the adoption or amendment of any such rule or regulation, the district board of health shall observe the same requirements for notice and hearing as are prescribed for state agencies by the Nevada Administrative Procedure Act.
Sec. 2. NRS 439.580 is hereby amended to read as follows:
439.580 1. Any local health officer or his deputy who shall neglect or fail to enforce the provisions of this chapter in his jurisdiction, or shall neglect or refuse to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the health division shall be punished by a fine of not more than $100.
2. Each person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the state board of health or violating any rule or regulation approved by the state board of health pursuant to NRS 439.350, 439.410 and 439.460 shall be guilty of a misdemeanor.
κ1973 Statutes of Nevada, Page 315 (CHAPTER 251, SB 191)κ
Sec. 3. Chapter 439 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter or any regulation of the state board of health or any rule or regulation approved by the state board of health pursuant to NRS 439.350, 439.410 and 439.460 may be enjoined by any court of competent jurisdiction.
2. Actions for injunction under this section may be prosecuted by the attorney general, any district attorney in this state or any retained counsel of any local board of health in the name and upon the complaint of the state board of health or any local board of health, or upon the complaint of the state health officer or of any local health officer or his deputy.
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Assembly Bill No. 139Messrs. May, Hickey, Broadbent, Getto, Smalley and Ashworth
CHAPTER 252
AN ACT designating the desert bighorn sheep as the official state animal.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The animal known as the desert bighorn sheep (Ovis canadensis nelsoni) is hereby designated as the official state animal of the State of Nevada.
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Assembly Bill No. 582Mr. Torvinen
CHAPTER 253
AN ACT relating to license taxes; providing procedure for refund or credit of excess tax assigned to county fair and recreation board; providing for waiver of claims; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the county fair and recreation board determines that any license tax assigned to it, or penalty or interest thereon, has been paid more than once or has been erroneously or illegally collected or computed, the board shall, subject to the conditions specified in this section, refund to the person or corporation or its successors, administrators, executors or assigns the excess amount collected or paid.
κ1973 Statutes of Nevada, Page 316 (CHAPTER 253, AB 582)κ
once or has been erroneously or illegally collected or computed, the board shall, subject to the conditions specified in this section, refund to the person or corporation or its successors, administrators, executors or assigns the excess amount collected or paid. In lieu of a refund, the board may grant a credit to the licensee against future license tax payments.
2. A refund or credit shall not be allowed unless a claim therefor is filed with the board within 2 years from the last date that the overpayment was made. Every claim shall be in writing and shall state the specific grounds upon which the claim is founded.
3. Failure to file a claim within the time prescribed constitutes a waiver of any demand against the city or county imposing the license tax and against the board.
4. Within 30 days after disallowing any claim, in whole or in part, the board shall serve notice of its action on the claimant.
________
Assembly Bill No. 495Mr. Schofield
CHAPTER 254
AN ACT relating to education; providing the county school districts may form a nonprofit association for interscholastic events; limiting liability for such association; providing for the membership of private and parochial schools in such organization; authorizing the expenditure of county school funds to such organization; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions of sections 2 to 7, inclusive, of this act.
Sec. 2. The county school district trustees may form a nonprofit association composed of all of the school districts of the state for the purposes of controlling, supervising, and regulating all interscholastic athletic events and other interscholastic events in the public schools.
Sec. 3. The association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS, as may be necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
Sec. 4. The rules and regulations of the association adopted pursuant to this section shall provide for adequate review procedures to determine and review disputes arising in regard to the associations decisions and activities.
Sec. 5. The rules and regulations adopted by the association shall provide for the membership of private and parochial schools which may elect to join the association.
Sec. 6. Any private or parochial school which elects to become a member of the association shall be subject to the same regulations and requirements and shall be liable for the same fees and charges as public schools within the association.
κ1973 Statutes of Nevada, Page 317 (CHAPTER 254, AB 495)κ
Sec. 7. Any liability or action against the association shall be determined in the same manner and with the same limitations and conditions as provided in NRS 41.031 to 41.039, inclusive. To this extent, the association shall be deemed a political subdivision of the state.
Sec. 8. NRS 387.205 is hereby amended to read as follows:
387.205 1. Moneys on deposit in the county school district fund or in a separate bank account, if the board of trustees of a county school district has elected to establish such an account under the provisions of NRS 354.603, shall be used for:
(a) Maintenance and operation of public schools.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) School lunch programs, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of such lunch.
(g) Membership fees, dues and contributions to the Nevada interscholastic activities association.
2. Money on deposit in the county school district fund, or in a separate bank account, if the board of trustees of a county school district has elected to establish such an account under the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
________
Assembly Bill No. 481Committee on Government Affairs
CHAPTER 255
AN ACT relating to county officers; providing for the appointment of the county surveyor; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 255.020 is hereby amended to read as follows:
255.020 [There shall be a county surveyor, to be elected in each county by the qualified electors thereof, at the general election of the year 1950 and at the general election every 4 years thereafter, who shall qualify and enter upon the duties of the office on the 1st Monday in January subsequent to election and shall hold office for a term of 4 years from the time of taking office.] A county surveyor may be appointed by the board of county commissioners to serve at the pleasure of the board.
Sec. 2. NRS 255.025 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 318 (CHAPTER 255, AB 481)κ
255.025 No person may hold the office of county surveyor unless he is licensed as a registered land surveyor under the provisions of chapter 625 of NRS. [, but any person elected or appointed to the office of county surveyor before July 1, 1959, may continue to hold such office until the expiration of the term for which he was elected or appointed.]
Sec. 3. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) An inspector of mines.
(n) Other officers whose elections are provided for by law.
(o) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) [One county surveyor.
(8)] The number of county commissioners as provided by law.
[(9)] (8) One county recorder, who shall be ex officio county auditor in counties having a population of 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.
[(10)] (9) Justices of the peace.
[(11)] (10) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 4. County surveyors elected or appointed terms of office which are current upon the effective date of this act shall continue in office until expiration of the terms being served, whereupon their respective successors may be appointed by the board of county commissioners.
________
κ1973 Statutes of Nevada, Page 319κ
Assembly Bill No. 441Mr. Dini (by request)
CHAPTER 256
AN ACT to amend NRS 239.070, relating to county records, by deleting the requirement that duplicates of microfilmed records be kept in rolls and constitute a book or volume.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use the microfilm method of recording.
2. If such microfilm method be used:
(a) The microphotographs or micronegative films shall be properly indexed and placed in conveniently accessible files.
(b) Each [roll of] film shall [be deemed and constitute a book or volume, and shall] be designated and numbered.
(c) Provision shall be made for preserving, examining and using the same.
3. A duplicate of such [roll of] film shall be made and kept safely in a separate place.
4. Duplicates of such [rolls of] film shall be made available by the county recorder for sale at a price not exceeding cost upon request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of such [rolls of] film available for sale to the public at a price not exceeding cost.
________
Assembly Bill No. 437Mr. Prince
CHAPTER 257
AN ACT relating to county hospitals and hospital districts; extending compensation to hospital trustees of smaller counties; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.130 is hereby amended to read as follows:
450.130 1. In counties having less than 30,000 registered voters in the 1954 general election, or any subsequent general election, [no hospital trustee shall receive any compensation for his services performed.] a hospital trustee may receive a salary as follows:
(a) The chairman and secretary of the board of hospital trustees may receive $20 for each board meeting which they attend, which sum is not to exceed $40 per month.
κ1973 Statutes of Nevada, Page 320 (CHAPTER 257, AB 437)κ
(b) The other trustees may receive $15 for each board meeting they attend, which sum is not to exceed $30 per month.
2. In a county or counties having 30,000 or more registered voters in the 1954 general election, or any subsequent general election, a hospital trustee may, subject to the provisions of subsection 3, receive a salary of $50 per month and the chairman of the board of hospital trustees may receive a salary of $100 per month.
3. Before any hospital trustee [shall be] is entitled to any compensation as provided in subsection 2, he shall first have devoted a minimum of 1 day during the month exclusively to the business and affairs of the hospital, exclusive of regular meetings of the board of hospital trustees.
4. Any trustee of any county hospital may receive reimbursement for any cash expenditures actually made for personal expenses incurred as such trustee. An itemized statement of all such expenses and money paid out shall be made under oath by each of such trustees and filed with the secretary. An itemized statement shall be allowed only by an affirmative vote of all trustees present at a meeting of the board.
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Assembly Bill No. 409Mr. Banner (by request)
CHAPTER 258
AN ACT relating to elections; enabling county clerk to delegate initial selection and training of election boards to their respective chairmen.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The county clerk may provide by rule or regulation for the:
1. Recommendation, by the persons selected as chairmen of election boards, of suitable persons to serve as members of election boards;
2. Recommendation by the chairmen of suitable persons to serve in the case of vacancies; and
3. Delegation of responsibility for instruction of the members of the election board required by NRS 293A.350 to the chairman.
________
κ1973 Statutes of Nevada, Page 321κ
Assembly Bill No. 383Messrs. Huff, Hayes, May, Demers, Getto, Lowman and Schofield
CHAPTER 259
AN ACT relating to zoning; specifically empowering local governments to restrict the locations available for the operation of adult bookstores and adult motion picture theatres; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. It is hereby declared a matter of legislative declaration and belief that the morals of the youth of the State of Nevada are threatened by the presence of adult motion picture theatres and adult bookstores which are appearing throughout some of the communities of our state. These establishments and the type and character of the merchandise and paraphernalia sold in them create an aura of mystery and enticement for Nevadas youngsters that is increased by the lascivious and suggestive advertising that is often employed to promulgate the availability of these products and services. It is the intent of the legislature to minimize the exposure of our youth to the influence of these establishments.
2. It is further the firm belief that the moral values of our youth and therefore the mores of our society are in great part influenced and determined by the family, but are affected by the presence of an exposure to these establishments; therefore, it is the firm belief of the legislature that society has a vital duty and role in the protection of our moral fiber and standards for the well being of us all as a society.
3. The location of these establishments if of vital concern to society in regard to their location near areas where our youth may learn, play, pass by, or would be exposed to their advertising, window displays, or the general atmosphere encompassing their operation.
Sec. 3. A commission may recommend or a governing body may adopt zoning regulations restricting the construction, reconstruction, alteration, repair or use of buildings, structures or land as adult bookstores or adult motion picture theatres to specific districts within the geographical jurisdiction of the commission and governing body.
Sec. 4. 1. Adult motion picture theatre means a motion picture theatre whose program, during the time of its operation, contains one or more motion pictures which are rated X by the Code Rating Administration of the Motion Picture Association of America, or are not rated, and whose program is intended to appeal to the prurient interests of the viewer.
2. Adult bookstore, for the purposes of this chapter, means an establishment which merchandises printed material or movies which are intended to appeal to the prurient interests of the reader.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 322κ
Assembly Bill No. 376Committee on Government Affairs
CHAPTER 260
AN ACT relating to public records; providing procedure for destruction or disposition by local governments of obsolete records; providing enabling provisions for local government records management programs; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The terms defined in this section, wherever used or referred to in sections 2 to 6, inclusive, of this act, have the following meanings unless a different meaning clearly appears in the context:
1. Custodian of records means any person authorized to have the care, custody and control of any documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity.
2. Governing body means the governing body of a local governmental entity.
3. Local governmental entity means a county, an incorporated city, an unincorporated town, a school district or any other public district or agency designed to perform local governmental functions.
4. Old records means documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity which are at least 5 years old and have been retained for any purpose by the local governmental entity.
Sec. 3. 1. Whenever the custodian of records determines that old records are no longer necessary for the business of the local governmental entity and no longer of value to the general public, he shall prepare a schedule of old records to be destroyed and appear before the governing body and request permission to destroy the old records listed in such schedule.
2. If the governing body at a regular or special meeting finds that all or any part of the old records listed in the custodians schedule are no longer necessary for the business of the local governmental entity and no longer of value to the general public, it may order such records destroyed upon completion of the audit provided by subsection 3.
3. All old records ordered destroyed pursuant to this section, prior to destruction, shall be audited by a public accountant or certified public accountant, which audit may be conducted concurrently with the audit required by NRS 354.624.
4. The custodian of records shall maintain an accounting of all old records destroyed, indicating the nature or identity of such records as well as the date of destruction.
Sec. 4. 1. As an alternative to the destruction of old records in the manner provided by section 3 of this act, such records, with the consent of the governing body, may be presented by the custodian of records to the secretary of state for permanent preservation in the state archives.
2. The custodian of records shall maintain an accounting of all old records disposed of pursuant to this section, indicating the nature or identity of such records as well as the date of delivery to the secretary of state.
κ1973 Statutes of Nevada, Page 323 (CHAPTER 260, AB 376)κ
records disposed of pursuant to this section, indicating the nature or identity of such records as well as the date of delivery to the secretary of state.
Sec. 5. Except as provided in NRS 239.100, 239.110, 239.120, and except as may be specifically authorized by the special charter of any incorporated city, sections 2 to 4, inclusive, of this act shall constitute the exclusive procedure for destruction or disposition by a local governmental entity of any old records of such entity which have been retained by such entity for any purpose, and destruction or disposition thereof shall not occur except by compliance with such procedure.
Sec. 6. A local governmental entity may establish a records management program, including the adoption of record retention schedules and microfilming procedures which shall be approved by the governing body and consistent with the provisions of sections 2 to 5, inclusive, of this act.
Sec. 7. NRS 239.090 is hereby amended to read as follows:
239.090 1. Subject to the provisions of subsection 2, any state [, county, municipal or other] official, or a custodian of records of a local governmental entity, as defined in section 2 of this act, or any other official is authorized to turn over to the secretary of state for permanent preservation in the archives, all obsolete official books, records, documents, original papers, newspaper files and printed books not in current use in his office.
2. A state officer shall first obtain the consent and approval of the governor. [A county officer shall first obtain the consent of the board of county commissioners. A municipal officer shall first obtain the consent of the city council,] A custodian of records of a local governmental entity shall first comply with section 4 of this act, and any other officer shall obtain the consent of the department head under which he operates.
3. When so surrendered, copies therefrom shall be made and certified by the secretary of state upon the application of any person interested, which certification shall have all the force and effect as if made by the officer originally in the custody of such records, and for which the same fees shall be charged, to be collected in advance.
Sec. 8. NRS 239.100 is hereby amended to read as follows:
239.100 1. [Any law of the State of Nevada to the contrary notwithstanding, it shall be lawful to destroy or otherwise dispose of obsolete records in:
(a) Any school district within the state.
(b) The office of the several county officers in the manner and, where appropriate, according to the time schedule specified in this section.] The records enumerated in subsection 2 which belong to or are situated in:
(a) Any school district within the state, or
(b) The office of the several county officers,
may be lawfully destroyed in the manner and in accordance with the time schedules provided in this section.
2. The following may be destroyed after audit by a public accountant as provided in NRS 354.624, and after the expiration of the time indicated:
(a) After 5 years. Sheriffs requisition of licenses and duplicates;
κ1973 Statutes of Nevada, Page 324 (CHAPTER 260, AB 376)κ
duplicate and triplicate bank checks; all old claims against the county except those not affected by limitation; all old warrants superseded by checks; all old fishing and hunting license books.
(b) After 10 years. All county, city and school bonds which have been redeemed and retired.
3. Before destroying the records enumerated in subsection 2, the county auditor shall first obtain the permission of the board of county commissioners and the Nevada tax commission.
________
Assembly Bill No. 599Committee on Government Affairs
CHAPTER 261
AN ACT relating to the Local Government Employee-Management Relations Act; permitting employee organizations to be represented by a licensed attorney in negotiations.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 288 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever an employee organization enters into negotiations with a local government employer, pursuant to NRS 288.140 to 288.220, inclusive, such employee organization may be represented by an attorney licensed to practice law in the State of Nevada.
________
Assembly Bill No. 583Mr. Torvinen
CHAPTER 262
AN ACT relating to license taxes; providing for confidentiality of information obtained as result of imposition of license taxes.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners shall have power and jurisdiction in their respective counties to:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in their respective counties, outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
κ1973 Statutes of Nevada, Page 325 (CHAPTER 262, AB 583)κ
or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards shall have the exclusive power and jurisdiction in their respective counties to regulate the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town. The county license boards shall have the power and jurisdiction to fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. Any license tax levied for the purposes of NRS 244.640 to 244.780, inclusive, shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The board of county commissioners may delegate the power and authority to enforce such liens to the county fair and recreation board.
All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244.640 to 244.780, inclusive, is confidential and shall not be disclosed by any member, official or employee of the county fair and recreation board or the county imposing such license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
Sec. 2. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city or town in the State of Nevada, whether or not organized under general law or special charter, shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) To assign the proceeds of any one or more such license taxes to the county within which such city or town is situated for the purpose or purposes of making such proceeds available to the county:
κ1973 Statutes of Nevada, Page 326 (CHAPTER 262, AB 583)κ
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244.640 to 244.780, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. Any license tax levied under the provisions of this section shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
3. The city council or other governing body of each incorporated city or town may delegate the power and authority to enforce such liens to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244.640 to 244.780, inclusive, is confidential and shall not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing such license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
4. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
κ1973 Statutes of Nevada, Page 327 (CHAPTER 262, AB 583)κ
it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
________
Assembly Bill No. 649Committee on Government Affairs
CHAPTER 263
AN ACT relating to public employees; allowing retired public employees to have insurance premiums and amounts due upon certain other obligations deducted from their retirement payments; and providing other matters properly relating thereto.
[Approved April 10, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, shall have the option of having the executive secretary deduct and pay his premium for such group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until such time as he may elect to notify the executive secretary to discontinue such deduction.
2. The board may adopt regulations to implement the provisions of subsection 1, including but not limited to regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the officer or employee pursuant to this section.
________
κ1973 Statutes of Nevada, Page 328κ
Assembly Bill No. 616Mr. May
CHAPTER 264
AN ACT relating to taxation; requiring periodic complete ratio studies by the division of assessment standards of the Nevada tax commission; prescribing the manner of their use in improving county assessment procedures; requiring appraisal assistance upon request of any county assessor; and providing other matters properly relating thereto.
[Approved April 11, 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:
1. The Nevada tax commission through the division of assessment standards shall at least every 5 years conduct a ratio study to determine with reasonable certainty:
(a) The ratio of the assessed value of each type or class of property in each county and Carson City to the assessed value of comparable property in the remaining counties and Carson City.
(b) The ratio of assessed value of each type or class of property in each county and Carson City to the full cash value of such type or class of property within that county.
2. The formulae and standard procedures so developed by the tax commission shall become the mandatory formulae and procedures to be used by the county assessor of each county and Carson City.
3. The formulae and standard procedures used by the tax commission shall take into account the fact that county assessors are required to assess all property within their respective counties at least once every 5 years.
Sec. 2. NRS 360.180 is hereby amended to read as follows:
360.180 [The division of assessment standards shall:
1. Contract for the services of competent appraisers who shall, by sampling or otherwise, collect information to be used as a basis from which the Nevada tax commission shall determine with reasonable certainty the ratio of the assessed value of property in each county to the assessed value of property in the remaining counties. The formulae and standard procedure so developed shall become the mandatory procedure for the county assessor of each county.]
The Nevada tax commission may require the division of assessment standards to:
1. Assist the county assessors in appraising property within their respective counties which the ratio study shows to be assessed at more or less than 35 percent of its full cash value.
2. Consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to the end that assessments of property by county assessors shall be equal in each of the several counties of this state.
3. Visit a selective cross-section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
κ1973 Statutes of Nevada, Page 329 (CHAPTER 264, AB 616)κ
county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
4. Carry on a continuing study, the object of which is the equalization of property values between counties.
5. Carry on a program of in-service training for county assessors of the several counties of the state, and once during each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest methods, procedures and practices in assessing property. Expenses of attending such classes shall be a proper and allowable charge by the board of county commissioners in each county.
6. Continually supervise assessment procedures which are carried on in the several counties of the State of Nevada and advise county assessors in the application of such procedures. The Nevada tax commission shall make a complete written report to each session of the legislature, which shall include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which such recommendations have been followed.
7. Carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the Nevada tax commission to the end that such assessment shall be equalized with the property assessable by county assessors.
8. Conduct appraisals at the request of and in conjunction with any county assessor when such assessor considers such assistance necessary.
Sec. 3. NRS 361.333 is hereby amended to read as follows:
361.333 1. The legislature finds that:
(a) Taxation of property is an important element of school district local financing; and
(b) An exterior equalization force is required, notwithstanding apparent obedience to the legislative mandate declared in NRS 361.225, to effect some measure of uniformity in the quality of educational programs in the public schools.
2. Not later than [May 1, 1967, and not later than] May 1 of each year, [thereafter,] the Nevada tax commission shall:
(a) Determine for each county each year the average ratio, expressed as a percentage, of assessed valuation of property to [a true valuation] the full cash value of property by means of a sampling of the assessment practices or other proper method.
(b) Publish and certify to the county assessors and the boards of county commissioners of the counties of this state the average ratio of assessed valuation to [true valuation] the full cash value of property in each county and the state.
(c) Publish and certify to the county assessors and the boards of county commissioners of the counties the adjusted average ratio of assessed valuation to the full cash value of property in each county. The Nevada tax commission shall take into account the interval between the current determination and the last assessment of property by the county assessor, and it may appropriately discount or otherwise adjust the full cash valuation determined by it or take any other appropriate action.
κ1973 Statutes of Nevada, Page 330 (CHAPTER 264, AB 616)κ
3. During the month of May 1967, and during the month of May of each year thereafter, the Nevada tax commission shall meet with the board of county commissioners and the county assessor of each county in Carson City, Nevada. The board of county commissioners and the county assessor shall:
(a) Present evidence to the Nevada tax commission of the steps taken to insure that all property subject to taxation within the county has been assessed at 35 percent of its full cash value as required by law.
(b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the appraisal procedure provided in paragraph (c) of subsection 4 have been complied with.
4. At the conclusion of each meeting with the board of county commissioners and the county assessor, the Nevada tax commission shall:
(a) If it finds that all property subject to taxation within the county has been assessed at 35 percent of its full cash value, take no further action.
(b) If it finds that any class of property, as designated in the segregation of the tax roll filed with the secretary of the state board of equalization pursuant to NRS 361.390, is assessed at less than or more than 35 percent of its full cash value, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of such class on the succeeding tax list and assessment roll.
(c) If it finds the existence of underassessment or overassessment which in the aggregate amounts to more than 5 percent of the total assessed valuation of the county, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the Nevada tax commission. The payment of such appraisers fees shall be a proper charge against the funds of the county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at 35 percent of its full cash value as required by law. The appraisers may cooperate with the division of assessment standards of the Nevada tax commission in making their determination if so agreed by the appraisers and the division, and shall cooperate with the division in preparing a report to the Nevada tax commission. The report to the Nevada tax commission shall be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at 35 percent of its full cash value, a copy of the report shall be transmitted to the board of county commissioners by the Nevada tax commission prior to November 1. The board of county commissioners shall then order the county assessor to raise or lower the assessment of such property to 35 percent of its full cash value on the succeeding tax list and assessment roll.
5. The Nevada tax commission may promulgate regulations reasonably necessary to carry out the provisions of this section.
6. Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.
κ1973 Statutes of Nevada, Page 331 (CHAPTER 264, AB 616)κ
assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.
________
Assembly Bill No. 527Committee on Government Affairs
CHAPTER 265
AN ACT to amend NRS 704.033, relating to annual assessments on public utilities, to provide for annual assessments on general improvement districts subject to the jurisdiction of the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. [Except as provided in NRS 704.037, the] The commission shall levy and collect an annual assessment from all public utilities and general improvement districts subject to the jurisdiction of the commission.
2. The annual assessment shall be not more than 3 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities and improvement districts in the State of Nevada during the preceding calendar year, except that the minimum assessment in any 1 year shall be $10. In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities [,] and general improvement districts, such revenue shall not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
3. All moneys collected by the commission pursuant to the provisions of NRS 704.033 to 704.039, inclusive, shall be deposited in the state treasury to the credit of the public service commission regulatory fund which is hereby created.
________
κ1973 Statutes of Nevada, Page 332κ
Assembly Bill No. 512Committee on Elections
CHAPTER 266
AN ACT relating to the initiative; implementing an amendment to article 19 of the Nevada constitution approved by the voters at the general election on November 7, 1972 (S.J.R. 7 of the 55th session of the legislature).
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 295.035 is hereby amended to read as follows:
295.035 1. If the initiative petition proposes an amendment to the constitution, it shall be filed with the secretary of state not less than [60] 90 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment.
2. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of the constitution upon completion of the canvass of votes by the supreme court.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 504Committee on Government Affairs
CHAPTER 267
AN ACT relating to the State Purchasing Act; clarifying accounting procedures to be used in computing transactions of the working capital and operating fund; providing a time limit for reversion of any excess in the fund; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.120 is hereby amended to read as follows:
333.120 1. A working capital and operating fund, consisting of a working capital account and an operating account, in the sum of $700,000 is hereby created for the use of the chief in purchasing supplies, materials and equipment.
κ1973 Statutes of Nevada, Page 333 (CHAPTER 267, AB 504)κ
$700,000 is hereby created for the use of the chief in purchasing supplies, materials and equipment.
2. [The working capital account shall consist of:
(a) Cash, in the form of moneys held by the state treasurer;
(b) Inventory in the form of supplies, materials and equipment held by the chief; and
(c) Receivables, due from using agencies for supplies, material and equipment delivered to them.
3. Upon closing the books for each fiscal year, to the extent that the total amount of the working capital and operating fund, less accounts payable, exceeds $700,000, the cash portion of the fund shall revert to the general fund in the state treasury.] If the balance of the working capital and operating fund exceeds the amount set forth in subsection 1 at the end of any fiscal year, such excess shall revert to the general fund in the state treasury within 6 months.
3. Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for intragovernment services funds and the provisions of the Fiscal and Accounting Procedures Law.
________
Assembly Bill No. 565Mr. Glover
CHAPTER 268
AN ACT relating to the state fire marshal; allowing an increase in inspection and license fees.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 477.033 is hereby amended to read as follows:
477.033 1. A license, issued by the state fire marshal, is required for the servicing, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.
2. Applications for licenses shall be made on a form prescribed by the state fire marshal.
3. The state fire marshal may conduct inspections, examinations or hearings prior to the issuance of licenses.
4. The state fire marshal may charge a reasonable fee, [not to exceed $25,] to be fixed by regulation pursuant to the Nevada Administrative Procedure Act, for the inspection and issuance of licenses.
5. If any person is denied a license by the state fire marshal, such person is entitled to a hearing, upon request, before the state fire marshals advisory board. Any final determination by the state fire marshals advisory board after a hearing is subject to review by the district court at the instance of any party aggrieved.
________
κ1973 Statutes of Nevada, Page 334κ
Assembly Bill No. 631Messrs. Dini and Jacobsen
CHAPTER 269
AN ACT to remove the limitation on exemption of the property of volunteer fire departments.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.150 is hereby amended to read as follows:
361.150 The real and personal property of organized and incorporated volunteer fire departments shall be exempt from taxation, but such [exemption shall in no case exceed the sum of $5,000 assessed valuation of such property to any one organized and incorporated volunteer fire department.] property shall be taxed when it is used for any purpose other than carrying out the legitimate functions of such volunteer fire department.
________
Assembly Bill No. 622Committee on Government Affairs
CHAPTER 270
AN ACT to amend NRS 355.140, relating to permissible investments of state funds by permitting investment in commercial paper.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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;
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;
κ1973 Statutes of Nevada, Page 335 (CHAPTER 270, AB 622)κ
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. 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.
13. Commercial paper as it is set forth in the Uniform Commercial Code — Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 28 days maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50,000,000 which are incorporated under the laws of the United States or any state thereof or the District of Columbia.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 336κ
Senate Bill No. 58Senator Swobe
CHAPTER 271
AN ACT to amend NRS 247.150, relating to indexes kept by county recorders, by eliminating the requirement to index the name of the trustee in a deed of trust or reconveyance; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.150 is hereby amended to read as follows:
247.150 1. Each county recorder shall keep two separate indexes for each separate book or series of books maintained in his office for the separate recordation of the various classes of instruments alphabetically specified in NRS 247.120. One of the indexes shall be for the grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or first party to any such instrument, and the other of such indexes shall be for the grantee, mortgagee, defendant, the party releasing or waiving or assigning or subordinating, or the second party thereto.
2. Each of the indexes shall be so arranged as to show:
(a) The names of each of the parties to every instrument [.] , except as provided in subsection 5.
(b) The date when such instrument was filed in the office of the county recorder.
(c) The book and page where such instrument is recorded, or the file number and file where such instrument may be filed.
(d) Such other data as in the discretion of the county recorder may seem desirable.
In the event the index shall be of one general series of books for all instruments recorded, it shall also show the character of the instrument indexed.
3. The county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the several indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept therein.
4. The first column of the several indexes for grantors, mortgagors, plaintiffs, assignees, parties benefited by a subordination, waiver or release, or the first parties to any instrument, shall be properly designated to show the name of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, judgment debtor, lienee or first party, as the case may be, and the first column of the index provided for grantees, mortgagees, defendants, the parties releasing or waiving or assigning or subordinating, or the second parties to any instrument shall be properly designated to show the name of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, judgment creditor, lienor or second party, as the case may be, and the names of the parties in the first column of such indexes must be arranged in alphabetical order.
5. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, [testate,] intestate, or ward, or party for whom the trust is held, must be inserted in the index [.]
κ1973 Statutes of Nevada, Page 337 (CHAPTER 271, SB 58)κ
indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, [testate,] intestate, or ward, or party for whom the trust is held, must be inserted in the index [.] , except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustees deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.
6. In addition to the indexes above provided for, the county recorder shall also keep and maintain such other indexes as may from time to time be required in the performance of his official duties.
7. Every instrument filed in the office of any county recorder for record or filed, but not for recordation, must be alphabetically indexed in the indexes so provided for each separate book or set of books or file, under the names of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or the first party thereto, in the index provided for that purpose, and also under the names of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party thereto, in the index provided for that purpose.
8. As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes card indexes with a metal-reinforced hole punched therein for rod insertion, and such card indexes shall be kept in suitable metal file cabinets.
________
Senate Bill No. 127Senators Young and Swobe
CHAPTER 272
AN ACT relating to zoning; authorizing the use of hearing examiners in considering certain applications; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The governing body of any county or city may appoint as many full-time hearing examiners as in its discretion may be necessary or appropriate to assist the planning commission and the governing body in acting upon proposals for changes in land use classification, land use districts, special use permits, variances and other matters affecting land use regulation through zoning.
Sec. 3. 1. Hearing examiners appointed under the authority of section 2 of this act shall receive such compensation as is considered necessary by the governing body and shall possess qualifications similar to those of a licensed architect, attorney, engineer or a member of the American Institute of Planners.
κ1973 Statutes of Nevada, Page 338 (CHAPTER 272, SB 127)κ
those of a licensed architect, attorney, engineer or a member of the American Institute of Planners.
2. Hearing examiners shall serve at the pleasure of the governing body in accordance with any appropriate personnel ordinance or regulation.
Sec. 4. Upon the determination of any governing body that a hearing examiner is to be employed and before any hearings are conducted utilizing his services, an ordinance shall be enacted setting forth rules of procedure for the processing and hearing of applications which are to be considered by a hearing examiner.
Sec. 5. 1. Any ordinance enacted pursuant to the provisions of section 4 shall provide, in substance, the same notice of hearing and conduct of hearing safeguards required by chapter 233B of NRS for contested cases.
2. Provision in any such ordinance shall be made for the transmittal to the governing body, planning commission or zoning board of adjustment of the hearing examiners written report. The report shall include:
(a) Findings;
(b) Recommendations of approval, denial or other disposition of the application; and
(c) Reasons supporting the recommendations.
________
Assembly Bill No. 83Committee on Transportation
CHAPTER 273
AN ACT changing the designation of the chief officer of the Nevada highway patrol from director to chief; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.400 is hereby amended to read as follows:
202.400 1. It shall be lawful for the [director] chief of the Nevada highway patrol to issue a permit for the possession and transportation of such shells, cartridges, bombs or weapons upon proof to the [director] chief that good cause exists for the issuance thereof to the applicant for such permit.
2. The permit may also allow the applicant to install, maintain and operate a protective system involving the use of such shells, cartridges, bombs or weapons in any place which is accurately and completely described in the application for the permit.
Sec. 2. NRS 202.440 is hereby amended to read as follows:
202.440 The [director] chief of the Nevada highway patrol may also grant licenses in a form to be prescribed by him, effective for not more than 1 year from the date of issuance, to permit the sale at retail, at the place specified in the license, of such shells, cartridges, bombs or weapons, and to permit the installation and maintenance of protective systems involving the use of such shells, cartridges, bombs or weapons, subject to the following conditions, upon breach of any of which the license shall be subject to forfeiture:
κ1973 Statutes of Nevada, Page 339 (CHAPTER 273, AB 83)κ
involving the use of such shells, cartridges, bombs or weapons, subject to the following conditions, upon breach of any of which the license shall be subject to forfeiture:
1. Such business shall be carried on only in the building designated in the license.
2. Such license or certified copy thereof must be displayed on the premises in a place where it may easily be read.
3. No such shell, cartridge, bomb or weapon shall be delivered to any person not authorized to possess or transport the same under the provisions of NRS 202.370 to 202.440, inclusive. No protective system involving the use of such shells, cartridges, bombs or weapons shall be installed, nor shall supplies be sold for the maintenance of such system, unless the licensee has personal knowledge of the existence of a valid permit for the operation and maintenance of such system.
4. A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the quantity and description of the articles purchased, together with the serial number, if any, the number and date of issue of the purchasers permit, and the signature of the purchaser or purchasing agent. No sale shall be made unless the permit authorizing possession and transportation of shells, cartridges, bombs or weapons is displayed to the seller and the information herein required is copied therefrom. This record shall be open to the inspection of any peace officer or other person designated by the [director] chief of the Nevada highway patrol.
Sec. 3. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One [director.] chief.
2. Two inspectors.
3. Seventy-eight patrolmen.
4. Such additional support personnel as may be necessary, employed under the provisions of chapter 284 of NRS and within the limits of legislative appropriations therefor.
Sec. 4. NRS 481.150 is hereby amended to read as follows:
481.150 1. The [director] chief of the Nevada highway patrol shall be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties provided in NRS 481.180, which powers and duties shall be performed under the direction and supervision of the director of the department of motor vehicles.
2. When requested by the governor to preserve order, protect life or property, and enforce the laws of this state, the [director] chief may use such number of Nevada highway patrol personnel as may be necessary for such purpose. When so acting, such personnel shall have and exercise general police powers. Their salaries and expenses incidental to such operations shall be paid out of appropriations for the department of motor vehicles from the general fund.
Sec. 5. NRS 487.250 is hereby amended to read as follows:
487.250 1. The department or political subdivision shall, within 48 hours after the appraisal:
κ1973 Statutes of Nevada, Page 340 (CHAPTER 273, AB 83)κ
(a) Notify the director of the department of the removal of the vehicle. The notice shall contain:
(1) A description of the vehicle.
(2) The appraised value of the vehicle.
(3) A statement as to whether the vehicle will be junked or dismantled.
(b) Notify the [director] chief of the Nevada highway patrol.
(c) Notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.
2. Failure to reclaim within 15 days after official notification a vehicle appraised at $100 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.
3. If all recorded interests in a vehicle appraised at $100 or less are waived, either as provided in subsection 2 or by written disclaimer by any person having an interest in the vehicle, the department shall issue a certificate of dismantling.
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 the director of the Nevada highway patrol, the legislative counsel in preparing the supplements to Nevada Revised Statutes shall change such reference to the chief of the Nevada highway patrol.
________
Assembly Bill No. 70Mr. Dini
CHAPTER 274
AN ACT relating to county government; providing that the board of county commissioners in counties with populations less than 100,000 may choose to increase the board to five members; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In each county having a population of 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, the board of county commissioners may, by ordinance, provide that the board of county commissioners shall consist of five members. Upon enactment of such ordinance, the board of county commissioners shall submit the ordinance to the registered voters of the county at the next primary or general election. The voters at such election shall vote on the question, Shall the board of county commissioners be increased to five members.
κ1973 Statutes of Nevada, Page 341 (CHAPTER 274, AB 70)κ
board of county commissioners be increased to five members. If a majority of votes cast approve the question, the ordinance shall become effective upon certification of the vote by the county clerk, otherwise, the ordinance shall not become effective.
2. If such an ordinance is enacted, the two additional members shall be elected at the next general election. One member shall be elected to an initial 2-year term and the other member shall be elected to an initial 4-year term. The county clerk shall, on or before the 1st Monday in June of the year in which such election is to be held, designate which new position on the board will consist of a 2-year term and which will consist of a 4-year term. When the initial terms expire, subsequent terms for each new position will be for 4 years.
3. A board of county commissioners increased to five members pursuant to this section shall not be decreased except by action of the legislature.
Sec. 2. NRS 6.110 is hereby amended to read as follows:
6.110 1. In any county wherein at the last preceding general election 1,000 or more votes were cast for the candidates for the office of representative in Congress of the United States, the selection of persons as proposed grand jurors shall be made in the manner prescribed in this subsection upon notice from the district judge as often as the public interest may require and at least once in each 4 years. In counties where the board of county commissioners, pursuant to the provisions of NRS 244.010, consists of three members, after required notice has been given by the district judge, the three members of the board of county commissioners and the district judge shall, at a regular meeting of the board of county commissioners which shall be open to the public, select 36 persons as proposed grand jurors by selecting 36 names from the county clerks register of registered voters in the following manner. The district judge shall first make a selection of one name from the register. In turn each member of the board of county commissioners shall make a selection of one name from the register, and such selection procedure shall continue until 36 persons are selected as proposed grand jurors. In counties where the board of county commissioners, pursuant to the provisions of NRS 244.013 [,] or section 1 of this act, consists of five members and there is more than one district judge in the judicial district containing the county, after required notice has been given by the district judge, selection of 36 persons as proposed grand jurors shall be made as follows. The district judges of the judicial district shall designate one of their number who shall meet with three or more of the members of the board of county commissioners at a regular meeting of the board of county commissioners which shall be open to the public. The district judge shall first make a selection of one name from the county clerks register of registered voters. In turn each member of the board of county commissioners present at the meeting shall make a selection of one name from the register, and such selection procedure shall continue until 36 persons are selected as proposed grand jurors. A list of the names so selected as grand jurors shall be made out and certified by the officers making the selection and shall be filed in the clerks office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.
κ1973 Statutes of Nevada, Page 342 (CHAPTER 274, AB 70)κ
directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the district judge may have directed.
2. The sheriff shall summon such grand jurors, and out of the number so summoned the court shall select 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury and to act as alternates, shall be selected from the qualified jurors by the district judge and the clerk and summoned to appear in court at such time as the court may direct.
3. Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered or certified and deposited in the post office addressed to the person at his usual post office address. The receipt of the person so addressed for the registered or certified summons shall be regarded as personal service of the summons upon such person and no mileage shall be allowed for service. The postage and fee for registered or certified mail shall be paid by the sheriff and allowed him as other claims against the county.
4. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. Such alternate shall be served by the sheriff in the manner provided in subsection 3.
Sec. 3. NRS 244.010 is hereby amended to read as follows:
244.010 Except as provided in NRS 244.013 [,] and section 1 of this act, each board of county commissioners of the several counties shall consist of three members; and not more than three county commissioners shall be elected or appointed to such office in any county.
________
Assembly Bill No. 80Committee on Government Affairs
CHAPTER 275
AN ACT to amend NRS 239.080, relating to the retention and disposal of state records, by establishing a new procedure to be followed; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.080 is hereby amended to read as follows:
239.080 1. [Upon request made by any state board or officer to the state board of examiners, it shall be lawful for the state board of examiners to order the removal from storage or other place where old and obsolete state papers, books, pamphlets and documents are kept and to order the destruction thereof, if the state board of examiners is satisfied that any such papers, books, pamphlets and documents are no longer of value to the state.
κ1973 Statutes of Nevada, Page 343 (CHAPTER 275, AB 80)κ
obsolete state papers, books, pamphlets and documents are kept and to order the destruction thereof, if the state board of examiners is satisfied that any such papers, books, pamphlets and documents are no longer of value to the state.
2. The state board of examiners shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature thereof.
3. If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the secretary of state for preservation in the archives.] No official state record shall be disposed of prior to approval by the state board of examiners.
2. In cooperation with records management services in the department of administration, each agency, board and commission shall develop a records retention and disposal schedule which will specify the total retention value for each type of official state record.
3. Each records retention and disposal schedule shall be submitted to the state board of examiners for final approval.
4. The provisions of this section are not applicable to the papers, books and documents of the department of highways.
________
Assembly Bill No. 87Committee on Transportation
CHAPTER 276
AN ACT relating to automobile wreckers; prescribing requirements for prima facie evidence of willful failure to comply, as grounds for loss of license; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.160 is hereby amended to read as follows:
487.160 1. The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker is not lawfully entitled thereto, or has made, or knowingly or negligently permitted, any illegal use of such license, or has failed to return a certificate of dismantling to the department when and as required of him by NRS 487.040 to 487.190, inclusive, or has failed to surrender to the department certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.
2. The applicant or licensee may, within 30 days after receipt of the notice of temporary denial or suspension, or within 60 days after receipt of the notice of absolute denial or revocation, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom shall be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny such a license to an applicant therefor, if the licensee or applicant:
κ1973 Statutes of Nevada, Page 344 (CHAPTER 276, AB 87)κ
of an automobile wrecker, or deny such a license to an applicant therefor, if the licensee or applicant:
(a) Does not have or maintain an established place of business in this state.
(b) Made a material misstatement in the application.
(c) Willfully fails to comply with any provision of NRS 487.040 to 487.190, inclusive.
(d) Voluntarily fails for any length of time, or fails for any reason and for 60 days or more, to furnish and keep in force any bond required by NRS 487.040 to 487.190, inclusive.
(e) Fails to discharge any final judgment entered against him when such judgment arises out of any misrepresentation of a vehicle, trailer or semi-trailer.
(f) Fails to maintain any license or bond required by a political subdivision of this state.
5. For the purposes of this section, failure to adhere to the directives of the director advising the licensee of his noncompliance with any provision of NRS 487.040 to 487.190, inclusive, or rules and regulations of the department, within 10 days of receipt of such directives, is prima facie evidence of willful failure to comply.
________
Assembly Bill No. 101Committee on Taxation
CHAPTER 277
AN ACT to amend NRS 369.490, relating to liquor licenses; exempting casual importers from the licensing requirement.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.490 is hereby amended to read as follows:
369.490 [No] 1. Except as provided in subsection 2, no person shall directly or indirectly, himself or by his clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this state, or transport or import or cause to be transported or imported any liquor in or into this state for delivery, storage, use or sale therein, unless such person [shall have] has complied fully with the provisions of this chapter and [shall be] is a holder of an appropriate, valid license, permit or certificate issued by the tax commission.
2. The provisions of this chapter do not apply to a person entering this state with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty; nor do the provisions of this chapter apply to a person who imports one gallon or less of alcoholic beverage per month from another state for his own household or personal use.
________
κ1973 Statutes of Nevada, Page 345κ
Assembly Bill No. 256Mrs. Brookman, Messrs. Craddock, Glover, Bremner, Smalley, Mrs. Ford, Messrs. Mello, Jacobsen, Bennett, Robinson, Schofield, Hafen, Howard, Hayes, Dini, Smith, Dreyer, Lowman, Mrs. Gojack, Messrs. Broadbent, Ullom and Demers
CHAPTER 278
AN ACT relating to the Indian affairs commission; reducing the frequency of required reports.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233A.090 is hereby amended to read as follows:
233A.090 The purpose of the commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians. The commission shall recommend necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to such Indians. The commission shall make and report from time to time its findings and recommendations to the legislature, to the governor and to the public and shall so report at least [once each year.] biennially.
________
Assembly Bill No. 290Mr. Dini
CHAPTER 279
AN ACT relating to the division of archives; changing the name of such division to the division of state, county and municipal archives; directing the secretary of state to maintain secure premises for the archives; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 225.065 is hereby amended to read as follows:
225.065 The division of state, county and municipal archives is hereby created within the office of the secretary of state.
1. The secretary of state shall:
(a) Maintain and properly equip safe and secure premises and vaults for the preservation and use of material deposited in the archives, which shall be located at the seat of government.
(b) Employ personnel to preserve, index and aid in the use of material deposited in the archives.
(c) Give an appropriate receipt for material received by him as part of the archives.
(d) Make readily available for use material deposited in the archives.
2. The secretary of state may:
κ1973 Statutes of Nevada, Page 346 (CHAPTER 279, AB 290)κ
(a) Accept gifts of moneys from public and private sources, if the purpose of the gifts specified by the donor is approved by him and is within the scope of the division of archives purposes.
(b) Expend the moneys received for the purpose specified by the donor or, if no purpose is specified, in any manner that will further the purposes of the division of archives.
Sec. 2. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state shall have the custody of and shall carefully preserve in the division of state, county and municipal archives:
(a) The enrolled copy of the constitution of the State of Nevada.
(b) The description of the state seal and other seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two constitutional conventions heretofore held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers and papers that may be required to be deposited in his office or kept therein.
(g) All deeds and conveyances belonging to the state.
(h) All official bonds approved by the governor, except the bond of the secretary of state.
(i) All written contracts to which the state is a party, unless required to be deposited elsewhere.
2. The deeds, conveyances and official bonds shall be recorded in well-bound books, and the original papers, except the bond of the secretary of state, shall not be permitted to be taken out of the office on any pretense whatever, unless in the possession of the secretary of state or his deputy.
Sec. 3. NRS 378.200 is hereby amended to read as follows:
378.200 1. After receipt of any state publications, the state publications distribution center shall distribute copies of such publications as follows:
(a) One copy to the division of state, county and municipal archives of the office of the secretary of state;
(b) One copy to the legislative counsel bureau;
(c) Two copies to the Library of Congress; and
(d) Two copies to each depository library in this state.
2. The center shall retain sufficient copies in the Nevada state library for preservation and use by the public. The remaining copies shall be used for distribution in accordance with any agreements entered into with other states for the exchange of state publications, and for loaning services to those libraries without depository status.
Sec. 4. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general shall:
κ1973 Statutes of Nevada, Page 347 (CHAPTER 279, AB 290)κ
1. Supervise the preparation and submission of all such returns and reports pertaining to the militia of the state as may be required by the United States.
2. Be the channel of official military correspondence with the governor, and shall, on or before November 1 of each even-numbered year, make a report to the governor of the transactions, expenditures and condition of the Nevada National Guard. The report shall include the report of the United States Property and Fiscal Officer.
3. Be the custodian of records of officers and enlisted men and all other records and papers required by law or regulations to be filed in his office. He many deposit with the division of state, county and municipal archives in the office of the secretary of state for safekeeping in the secretary of states official custody records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Record, authenticate and communicate to troops and individuals of the militia all orders, instructions and regulations.
6. Cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training thereof or to carry into effect the provisions of this chapter.
7. Have an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. Render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
9. In time of peace, perform the duties of quartermaster general and chief of ordnance.
Sec. 5. The legislative counsel in his preparation of the supplement to Nevada Revised Statutes shall change each section in NRS, not amended by this act or further amended or added by another act, which refers to division of archives to reflect a change in name to division of state, county and municipal archives.
________
κ1973 Statutes of Nevada, Page 348κ
Assembly Bill No. 295Messrs. Hayes, Barengo, Demers, Craddock, Ullom, Robinson, Jacobsen, Dreyer, Lowman, Howard, Ashworth, Hafen, Vergiels, Glover, Mello, May, Schofield, Dini, Banner, Getto, Smalley, Wittenberg, Bickerstaff, Bremner and Hickey
CHAPTER 280
AN ACT imposing a condition upon all releases on bail; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.487 is hereby amended to read as follows:
178.487 [1. When a defendant is arrested for a felony offense committed while he was released on bail or on his own recognizance after being charged with a felony offense, he may be admitted to bail only after a special court hearing. The defendant and the district attorney or his representative shall be present at such a hearing.
2. The hearing shall be conducted not later than the second judicial day following arrest by any court of competent jurisdiction, when the arresting officer notifies the court that the defendant was arrested while released on bail for a prior felony offense.] Every release on bail with or without security is conditioned upon the defendants good behavior while so released, and upon a showing that the proof is evident or the presumption great that the defendant has committed a felony during the period of release, the defendants bail may be revoked, after a hearing, by the magistrate who allowed it or by any judge of the court in which the original charge is pending. Pending such revocation, the defendant may be held without bail by order of the magistrate before whom he is brought after an arrest upon the second charge.
________
Assembly Bill No. 297Messrs. Robinson, Hayes, Bremner and Wittenberg
CHAPTER 281
AN ACT relating to property tax; exempting therefrom any property used for air or water pollution control devices.
[Approved April 11, 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. All property, both real and personal, owned by any individual, group of individuals, partnership, firm, company, corporation, association, trust, estate or other legal entity is exempt from taxation to the extent that such property is used as a facility, device or method for the control of air or water pollution.
κ1973 Statutes of Nevada, Page 349 (CHAPTER 281, AB 297)κ
2. As used in this section, facility, device or method for the control of air or water pollution means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of such use, construction, acquisition or installation if compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.
3. As used in this section, facility, device or method for the control of air or water pollution does not include:
(a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.
(b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.
(c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or by-product, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.
Sec. 2. NRS 361.160 is hereby amended to read as follows:
361.160 1. Personal property in transit through this state is personal property:
(a) Which is moving in interstate commerce through or over the territory of the State of Nevada; or
(b) Which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward.
Such property is deemed to have acquired no situs in Nevada for purposes of taxation. Such property shall not be deprived of exemption because while in the warehouse the property is assembled, bound, joined, manufactured, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged, or because the property is being held for resale to customers outside the State of Nevada. The exemption granted shall be liberally construed to effect the purposes of NRS 361.160 to 361.185, inclusive.
2. Personal property within this state as mentioned in NRS 361.030 and NRS 361.045 to 361.155, inclusive, and section 1 of this act shall not include personal property in transit through this state as defined in this section.
________
κ1973 Statutes of Nevada, Page 350κ
Assembly Bill No. 316Mr. Demers
CHAPTER 282
AN ACT relating to registration of voters, changing the name of the county clerks register to registrar of voters register.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.010 is hereby amended to read as follows:
293.010 As used in this Title, unless the context otherwise requires, words shall have the meanings assigned in NRS 293.013 to 293.125, inclusive [.] and section 8 of this act.
Sec. 2. NRS 293.513 is hereby amended to read as follows:
293.513 If at any time the [county clerks register] registrar of voters register is closed for one election, but open for some other election, any elector shall be permitted to register for such other election, but the county clerk shall retain his affidavit of registration in a separate file until the [county clerks register] registrar of voters register is again open for filing of affidavits at which time all affidavits in such temporary file shall be placed in their proper position in the [county clerks register.] registrar of voters register.
Sec. 3. NRS 293.533 is hereby amended to read as follows:
293.533 Any elector may bring and any number of electors may join in an action or proceeding in a district court to compel the county clerk to enter the name of such elector or electors in the [county clerks register] registrar of voters register and the election board register.
Sec. 4. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare [his register] the registrar of voters register for each precinct or district in the county with the list of registered voters who voted at such election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board to the county clerk, and he shall remove from the [county clerks register] registrar of voters register and from the election board register the affidavits of registration of all electors who have failed to vote at such election.
2. The county clerk shall remove from the [county clerks register] registrar of voters register and election board register the affidavits of registration of voters who voted by absent ballot at the two last preceding general elections.
3. An absent voter whose ballot is voted and mailed on or before the date of the general election but which arrives too late to be cast and counted shall not be considered as having failed to vote under subsections 1 and 2.
Sec. 5. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the third day prior to any election, a written challenge may be filed with the county clerk. Such challenge shall be signed and verified by a registered voter and name the person whose right to vote is challenged and the ground of the challenge.
κ1973 Statutes of Nevada, Page 351 (CHAPTER 282, AB 316)κ
2. The county clerk shall file the challenge in the [county clerks register] registrar of voters register and attach a copy thereof to the challenged registration in the election board register.
Sec. 6. NRS 293.557 is hereby amended to read as follows:
293.557 1. At least 90 days prior to the closing of registration for any election, the county clerk shall prepare and date an alphabetical list of the persons whose names remain on the [county clerks register] registrar of voters register of each precinct and district. He shall cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county:
(a) At least 75 days before any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
2. The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.
3. The list of registered voters shall not be printed in type smaller than six-point.
Sec. 7. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p.m. of the fifth Saturday preceding any primary election and at 9 p.m. of the fifth Saturday preceding any general election.
2. During the last 5 days before registration closes, registration offices shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
5. At least 15 days before the time when the [county clerks register] registrar of voters register is closed for any election, the county clerk shall mail a copy of such notice to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which there is no newspaper of general circulation.
Sec. 8. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Registrar of voters register means the record of affidavits of registration kept by the county clerk.
Sec. 9. NRS 293.043 is hereby repealed.
________
κ1973 Statutes of Nevada, Page 352κ
Assembly Bill No. 751Messrs. Demers and Dini
CHAPTER 283
AN ACT relating to local government purchasing; creating the local government purchasing study commission; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 332 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In each county of this state having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of Census of the United States Department of Commerce, there is hereby created a local government purchasing study commission composed of all purchasing agents of the local governments within such counties. The members shall select a chairman from among their number.
2. The local government study commission shall meet no less than once per month at the call of the chairman to study local government purchasing practices and laws relating thereto and shall make recommendations with respect to such laws to the next regular session of the legislature.
________
Assembly Bill No. 760Mr. Dreyer
CHAPTER 284
AN ACT relating to the central data processing division; permitting such division to provide technical advice to local governments.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 242.020 is hereby amended to read as follows:
242.020 The purposes of the division are:
1. To provide data processing service for state agencies.
2. To provide technical advice but not administrative control of data processing within the several state agencies [.] , county agencies and the governing bodies and agencies of incorporated cities and towns.
________
κ1973 Statutes of Nevada, Page 353κ
Senate Bill No. 57Senator Swobe
CHAPTER 285
AN ACT relating to certification of copies of public records; eliminating requirement for custodians to accept presented copies and compare them with the originals; and providing other matters properly relating thereto.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.030 is hereby amended to read as follows:
239.030 [Whenever any person shall present to the custodian or other person authorized to make and certify copies of any public record or document in any and all counties of the state not divided in 1909 a printed or typewritten copy of any such record or document, or any part thereof, such custodian or person shall forthwith compare such copy with the original thereof and make the same a true and correct copy thereof and shall officially certify the same as such. The fees and compensation legally chargeable or receivable therefor shall only be one-third of what the fees or compensation would have been if the custodian or person had made and certified the copy.] Every officer having custody of public records, the contents of which are not declared by law to be confidential, shall furnish copies certified to be correct to any person who requests them and pays or tenders such fees as may be prescribed for the service of copying and certifying.
________
Senate Bill No. 206Senator Foley
CHAPTER 286
AN ACT relating to the supreme court; providing for the performance of ministerial duties in the absence of the clerk and his deputy.
[Approved April 11, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.230 is hereby amended to read as follows:
2.230 1. The clerk of the supreme court shall have the power, under his hand and seal, to appoint one deputy in his office. The deputy so appointed may, during the absence or inability of the clerk of the supreme court, perform all of the duties of a ministerial nature requisite and pertaining to the office.
2. The clerk may, under his hand and seal, deputize one of his clerical assistants to perform all duties of a ministerial nature pertaining to his office when both he and his regular deputy are absent or unable to perform such duties.
________
κ1973 Statutes of Nevada, Page 354κ
Senate Bill No. 238Committee on Judiciary
CHAPTER 287
AN ACT to amend NRS 213.150, relating to retaking of paroled prisoners, by clarifying the power of the chief parole and probation officer.
[Approved April 12, 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 may make and enforce rules and regulations covering the conduct of paroled prisoners, and 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, 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.
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] suspend 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. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 355κ
Senate Bill No. 199Senator Wilson
CHAPTER 288
AN ACT relating to crimes and punishments; enlarging the definition of officer and public officer for the purposes of penal statutes.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 193.010 is hereby amended to read as follows:
193.010 In construing the provisions of Title 16 of NRS, save when otherwise plainly declared or clearly apparent from the context, the following rules shall be observed:
1. Boat shall include ships, steamers and other structures adapted to navigation or movement from place to place by water.
2. Bond shall include an undertaking.
3. Break, when used in connection with the crime of burglary, shall include:
(a) Breaking or violently detaching any part, internal or external, of a building.
(b) Opening, for the purpose of entering therein, any outer door of a building or of any room, apartment or set of apartments therein separately used and occupied, or any window, shutter, scuttle or other thing used for covering or closing any opening thereto or therein, or which gives passage from one part thereof to another.
(c) Obtaining entrance into such building or apartment by any threat or artifice, used for that purpose, or by collusion with any person therein.
(d) Entering such building, room or apartment by or through any pipe, chimney or other opening, or by excavating or digging through or under a building or the walls or foundation thereof.
4. Building shall include every house, shed, boat, watercraft, railway car, tent or booth, whether completed or not, suitable for affording shelter for any human being, or as a place where any property is or shall be kept for use, sale or deposit.
5. Corrupt and corruptly shall import a wrongful desire to acquire or cause some pecuniary or other advantage to himself or another, by the person to whom applicable.
6. Daytime shall include the period between sunrise and sunset.
7. Dwelling house shall include every building or structure which shall have been usually occupied by a person lodging therein at night, and whenever it shall be so constructed as to consist of two or more parts or rooms occupied or intended to be occupied, whether permanently or temporarily, by different tenants separately by usually lodging therein at night, or for any other separate purpose, each part shall be deemed a separate dwelling house of the tenant occupying the same.
8. Enter, when constituting an element or part of a crime, shall include the entrance of the offender, or the insertion of any part of his body, or of any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person, or to detach or remove property.
9. Indicted and indictment shall include informed against and information; and informed against and information shall include indicted and indictment.
κ1973 Statutes of Nevada, Page 356 (CHAPTER 288, SB 199)κ
information; and informed against and information shall include indicted and indictment.
10. Judge shall include every judicial officer authorized, alone or with others, to hold or preside over a court of record.
11. Jurors shall include a talesman, and extend to jurors in all courts, whether of record or not.
12. Knowingly imports a knowledge that the facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness; knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent man upon inquiry.
13. Malice and maliciously shall import an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.
14. Neglect, negligence, negligent, and negligently shall import a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent man usually exercises in his own business.
15. Nighttime shall include the period between sunset and sunrise.
16. Officer and public officer [shall include all assistants, deputies, clerks and employees of any public officer] include all officers, members and employees of:
(a) The State of Nevada;
(b) Any political subdivision of this state;
(c) Any other special district, public corporation or quasi-public corporation of this state; and
(d) Any agency, board or commission established by this state or any of its political subdivisions,
and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
17. Owner of any property includes any person who has a general or special property in the whole or any part thereof, or lawful possession thereof, either actual or constructive.
18. Person shall include a corporation or joint-stock association; and whenever it is used to designate a party whose property may be the subject of an offense it shall also include the state, or any other state, government or country which may lawfully own property within this state.
19. Personal property shall include dogs and all domestic animals and birds, water, gas and electricity, all kinds or descriptions of money, chattels and effects, all instruments or writings completed and ready to be delivered or issued by the maker, whether actually delivered or issued or not, by which any claim, privilege, right, obligation or authority, or any right or title to property, real or personal, is or purports to be, or upon the happening of some future event may be evidenced, created, acknowledged, transferred, increased, diminished, encumbered, defeated, discharged or affected, and every right and interest therein.
20. Prison shall mean any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
κ1973 Statutes of Nevada, Page 357 (CHAPTER 288, SB 199)κ
21. Prisoner shall include any person held in custody under process of law, or under lawful arrest.
22. Property shall include both real and personal property.
23. Railway or railroad shall include all railways, railroads and street railways, whether operated by steam, electricity or any other motive power.
24. Real property shall include every estate, interest and right in lands, tenements and hereditaments, corporeal or incorporeal.
25. Signature shall include any memorandum, mark or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.
26. Writing shall include printing.
________
Senate Bill No. 266Senators Hecht and Bryan
CHAPTER 289
AN ACT extending the duties of public defenders to misdemeanor cases; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.188 is hereby amended to read as follows:
171.188 1. Any defendant charged with a [felony or a gross misdemeanor] public offense who is an indigent may, by oral statement to the district judge [or magistrate,] , justice of the peace or municipal or police judge, request the appointment of an attorney to represent him.
2. Such request shall be accompanied by the defendants affidavit, which shall state:
(a) That he is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty concerning his financial disability.
3. The district judge [or magistrate] , justice of the peace or municipal or police judge shall forthwith consider the application and shall make such further inquiry as he may deem necessary. If the district judge [or magistrate finds] , justice of the peace or municipal or police judge:
(a) Finds that the defendant is without means of employing an attorney [,] ; and
(b) Otherwise determines that representation is required,
the judge or [magistrate] justice shall designate the public defender of the county or the state public defender, as appropriate, to represent him. If the appropriate public defender is unable to represent him, or other good cause appears, the court shall appoint another attorney.
4. [The provision in this section for the appointment of an attorney by the magistrate sitting as a justice of the peace shall be limited to proceedings in the justices court.] The county or state public defender shall be reimbursed by the city for costs incurred in appearing in municipal or police court.
κ1973 Statutes of Nevada, Page 358 (CHAPTER 289, SB 266)κ
be reimbursed by the city for costs incurred in appearing in municipal or police court. The county shall reimburse the state public defender for costs incurred in appearing in justice court. If a private attorney is appointed as provided in this section, he shall be reimbursed by the county for appearance in justice court or the city for appearance in municipal or police court in an amount not to exceed $75 per case.
Sec. 2. NRS 180.060 is hereby amended to read as follows:
180.060 1. The state public defender shall, when designated [by the appropriate magistrate or judge of the district court,] pursuant to NRS 171.188, represent, without charge, each indigent person who is under arrest and held for a [crime which constitutes a felony or gross misdemeanor.] public offense.
2. When representing an indigent person, the state public defender shall:
(a) Counsel and defend him, if he is held in custody and charged with a public offense, [amounting to a felony or gross misdemeanor,] at every stage of the proceedings, including revocation of probation or parole, following his designation by the appropriate [magistrate or] judge of the district court [; and] , justice of the peace or municipal or police judge; and
(b) Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
3. In cases of post-conviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the supreme court, the state public defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the state public defender.
Sec. 3. NRS 260.030 is hereby amended to read as follows:
260.030 1. The public defender shall be a qualified attorney licensed to practice in this state.
2. The public defender shall, when designated [by the appropriate magistrate or judge of the district court,] pursuant to NRS 171.188, represent, without charge, each indigent person who is under arrest and held for a [crime which constitutes a felony or gross misdemeanor.] public offense.
Sec. 4. NRS 260.050 is hereby amended to read as follows:
260.050 When representing an indigent person, the public defender shall:
1. Counsel and defend him, if he is held in custody and charged with a public offense [amounting to a felony or gross misdemeanor,] at every stage of the proceedings, including revocation of probation or parole, following his designation by the appropriate [magistrate or] judge of the district court [; and] , justice of the peace or municipal or police judge; and
2. Prosecute, subject to the provisions of subsection 3 of NRS 180.060, any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
________
κ1973 Statutes of Nevada, Page 359κ
Senate Bill No. 254Senators Raggio and Young
CHAPTER 290
AN ACT relating to the authentication of copies of medical records; providing that in certain circumstances a custodian of medical records may satisfy a subpena for the production of such records by submitting an authenticated copy; providing for the form and manner of delivery of such records to the court; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. A hospital sufficiently complies with a subpena calling for the production of medical records belonging to it if it delivers, either personally or by mail, to the clerk of the court issuing the subpena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.
2. The copy shall be authenticated by an affidavit signed by the custodian of the medical records or an authorized official of the institution involved verifying that it is a true and complete reproduction of the original medical record.
3. If the court quashes or suppresses a subpena for medical records belonging to a hospital, it may order the subpenaed record to be returned to the submitting hospital.
4. The affidavit required by subsection 2 shall be substantially in the following form:
CERTIFICATE OF MEDICAL RECORDS CUSTODIAN
STATE OF NEVADA
COUNTY OF........................................
}
ss.
NOW COMES ........................................................., who after first being duly sworn deposes and says the following:
1. That the deponent is the .................................................................................................................................. of the ...................................................... and in such capacity is the custodian of the medical records of said institution.
2. That on the ................. day of ................................., 19........, the deponent was served with a subpena in connection with the above entitled cause, calling for the production of medical records pertaining to ........... ..................................................................................................................................................................................................................................................................
3. That the deponent has examined the original of said medical records and has made a true and exact copy of said original medical records and that the reproduction of the original medical records attached hereto is true and complete.
..................................................... Subscribed and sworn to before me, a Notary Public, on this ....................
κ1973 Statutes of Nevada, Page 360 (CHAPTER 290, SB 254)κ
Subscribed and sworn to before me, a Notary Public, on this .................... day of .........................................., 19.........
...............................................................................................................................................
Notary Public ........................ County, Nevada
My commission expires: ..............................................
...............................................................................................................................................
Sec. 3. 1. Except as otherwise provided in section 6 of this act, the copy of a medical record belonging to a hospital delivered pursuant to section 2 of this act shall be kept in the custody of the clerk of the court issuing the subpena, in a sealed container supplied by the hospital. This container shall be clearly marked to identify the contents, the name of the patient, the title and number of the court case, and shall not be opened except pursuant to the direction of the court during the trial of the case, for the purpose of discovery as provided in section 6 of this act, or upon special order of the court.
2. The contents of the record shall be preserved and maintained as a cohesive unit and shall not be separated except upon the order of the court. Forty days after any final order dismissing or otherwise terminating any case in which medical records have been subpenaed, if no appeal is taken, the records shall be returned intact and in complete form to the hospital which submitted them. If an appeal is taken, the records shall be returned 40 days after any final order terminating the appeal. This return shall be accomplished through the use of a self-addressed, stamped envelope which shall be contained within the package prepared and sent to the court by the submitting hospital. The envelope or container in which the record is delivered to the court shall be clearly marked to identify its contents and to direct that it shall be returned to the submitting hospital if developments occur which eliminate the necessity of opening the envelope.
Sec. 4. The hospital whose record has been subpenaed shall promptly notify the attorney for the party who caused the subpena to be issued that the documents involved have been delivered to the court. For purposes of this notice it is sufficient for the hospital to deliver to such attorney a copy of the certificate verifying the contents and authenticity of the medical record so supplied.
Sec. 5. 1. If during a trial or discovery proceeding the authenticity of the record or a question of interpretation of handwriting is involved, the court may order the original documents produced.
2. If the personal attendance of a custodian of the hospital records is required, the subpena shall clearly state such demand.
3. If a custodian will personally appear, the original medical records shall be produced.
Sec. 6. 1. If the contents of a medical record which has been delivered pursuant to section 2 of this act are the object of a discovery proceeding by any party to the action, counsel may stipulate for, or in the absence of stipulation the court may order:
(a) The delivery of the record to the officer before whom a deposition is to be taken; or
(b) The copying of all or part of the record and the delivery of the copies so made to the party or parties requesting them.
κ1973 Statutes of Nevada, Page 361 (CHAPTER 290, SB 254)κ
2. If the record is delivered for the purpose of a deposition it shall be returned to the clerk immediately upon completion of the deposition, and in either case mentioned in subsection 1 it shall upon completion of the discovery proceeding be resealed by the clerk.
Sec. 7. Sections 2 to 6, inclusive, of this act do not affect:
1. Subpena fee requirements provided by statute or rule of court.
2. The admissibility of the contents of a medical record.
________
Senate Bill No. 3Senators Dodge and Close
CHAPTER 291
AN ACT relating to industrial insurance; revising qualifications and terms of employment of investment counsel for Nevada industrial commission; permitting employment of more than one investment counsel; revising procedure for investment program review by state board of finance; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.4971 is hereby amended to read as follows:
616.4971 1. No person, firm or corporation engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the commission shall be eligible for employment as investment counsel for the commission.
2. The commission shall not engage investment counsel unless:
(a) The principal business of the person, firm or corporation selected by the commission consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;
(b) [The principal ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
(c)] Such person, firm or corporation and its predecessors have been continuously engaged in such business for a period of [10 or more years;] 3 or more years, and the senior management personnel of such person, firm or corporation have an average of 10 years professional experience as investment managers;
(c) Such person, firm or corporation shall, as of the time originally hired, have at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in the State of Nevada;
(d) Such person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect [;] , or is a national bank or an investment management subsidiary of a national bank; and
κ1973 Statutes of Nevada, Page 362 (CHAPTER 291, SB 3)κ
(e) The contract between the commission and the investment counsel is of no specific duration and is voidable at any time by either party;
(f) [Such person, firm or corporation is a member of the Investment Counsel Association of America; and
(g)] Such person, firm or corporation has been approved by the state board of finance for employment as investment counsel.
3. More than one investment counsel may be employed in the discretion of the commission.
4. The expense of such employment shall be paid from the state insurance fund.
[4. All investments made by the commission and any investment program undertaken by the commission shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the commission are not in the best interests of the state insurance fund or the State of Nevada, the state board of finance may require the commission to discharge any investment counsel employed by it.]
5. Any investment program adopted by the commission and all investments made thereunder shall be reported quarterly in writing by the commission to the state board of finance, and such report shall be subject to review by the state board of finance. The state board of finance may require the commission to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the commission has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the commission to implement its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance shall be in writing.
6. With the approval of the state board of finance, the commission may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.
[6.] 7. The commission may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
________
Senate Bill No. 7Senators Dodge and Close
CHAPTER 292
AN ACT relating to industrial insurance; empowering the Nevada industrial commission to provide rehabilitation services to injured workmen; providing that commission may refuse to pay compensation benefits to workmen refusing rehabilitation services; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. To aid in getting injured workmen back to work or to assist in lessening or removing any resulting handicap, the commission may take such measures and make such expenditures from the state insurance fund as it may deem necessary or expedient to accomplish such purpose, regardless of the date on which such workman first became entitled to compensation.
κ1973 Statutes of Nevada, Page 363 (CHAPTER 292, SB 7)κ
lessening or removing any resulting handicap, the commission may take such measures and make such expenditures from the state insurance fund as it may deem necessary or expedient to accomplish such purpose, regardless of the date on which such workman first became entitled to compensation.
2. Any workman eligible for compensation other than accident benefits will not be paid those benefits if he refuses counseling, training or other rehabilitation services offered to him by the commission.
________
Senate Bill No. 77Committee on Transportation
CHAPTER 293
AN ACT relating to vehicles rendered unfit for highway use; providing conditions for delivery to the department of motor vehicles of documents and license plates; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.470 is hereby amended to read as follows:
482.470 1. Whenever any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner [shall return the certificate of ownership and the certificate of registration to the department. The department shall rescind and cancel the certificates.
2. Any owner who fails to comply with the provisions of this section shall be guilty of a misdemeanor.] shall deliver to the department any certificate of registration and certificate of ownership issued by the department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.
2. Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the department any license plate or plates, certificate of registration or certificate of ownership issued by the department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.
3. The department may issue a certificate of dismantling, as provided in chapter 487 of NRS.
4. The department shall destroy any plate or plates, certificate of registration or certificate of ownership that is returned in a manner described in subsections 1 and 2.
________
κ1973 Statutes of Nevada, Page 364κ
Senate Bill No. 82Senator Gibson
CHAPTER 294
AN ACT to amend NRS 502.240 to provide for a 2-day fishing license for a fee of $3.00.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses for the term of 1 year from July 1 to June 30 and limited permits shall be issued at the following prices:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of $2 for an annual fishing and hunting license.
2. To any citizen of the United States who has attained his 65th birthday and who has been a bona fide resident of the State of Nevada for 20 years, upon the payment of $1 for an annual hunting or fishing license. Any such person shall be exempt from the payment of the fee for a resident deer tag for a regular season as required by the provisions of NRS 502.250.
3. Except as provided in subsection 2, to any alien or to any citizen of the United States who has attained his 16th birthday and who has been a resident of the State of Nevada for 6 months, upon the payment of:
For a fishing license..................................................................................... $7.50
For a [five-day] 5-day permit to fish......................................................... 5.00
For a 2-day permit to fish.......................................................................... 3.00
For a hunting license................................................................................... 5.00
For a combination hunting and fishing license....................................... 12.50
For a trapping license.................................................................................. 5.00
For a fur dealers license............................................................................. 1.00
For an annual master guides license........................................................ 50.00
For an annual subguides license.............................................................. 10.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).......................................................................................................... $15.00 For a 5-day permit to fish........................................................ $5.00
κ1973 Statutes of Nevada, Page 365 (CHAPTER 294, SB 82)κ
For a 5-day permit to fish............................................................................ $5.00
For a 2-day permit to fish.......................................................................... 3.00
For a special hunting license to hunt deer by bow and arrow (and no other license shall be required)................................................................................... 10.00
For a special license to hunt upland game birds (and no other license or permit shall be required) a fee not to exceed.......................................................... 25.00
For a permit to hunt upland game birds in conjunction with a regular hunting license, a fee not to exceed................................................................................. 10.00
For a hunting license................................................................................... 50.00
For an annual trappers license.................................................................. 10.00
For a special nonresident, 3-day migratory waterfowl hunting license (which shall be in lieu of all other licenses or permits, except for the migratory bird hunting stamp).................................................................................................................. 10.00
For a fur dealers license............................................................................. 25.00
For an annual master guides license........................................................ 100.00
For an annual subguides license.............................................................. 20.00
6. To any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground..................................................... $2.00
For a commercial or private shooting preserve....................................... 25.00
For a commercial breeding ground............................................................ 25.00
For a commercial fish hatchery.................................................................. 10.00
For a private noncommercial fish hatchery.............................................. 5.00
For a trained animal act license.................................................................. 10.00
For a fur dealers agents license............................................................... 10.00
For a live bait dealers permit..................................................................... 25.00
For a competitive field trials permit........................................................... 1.00
For a falconry license.................................................................................. 10.00
________
Senate Bill No. 115Committee on Transportation
CHAPTER 295
AN ACT relating to drivers licenses; limiting the reduction of demerit points by attendance at traffic safety school; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department is hereby authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
κ1973 Statutes of Nevada, Page 366 (CHAPTER 295, SB 115)κ
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license; or
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.
2. As used in this section, traffic violation means conviction on a charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of a drivers license issued by the department.
4. Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his drivers license should not be suspended.
5. Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. Details of the violation shall be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. When any driver has accumulated [six] three or more demerit points, but less than 12, the department shall notify him of this fact. If the driver [, after such notice,] presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel the three most recently acquired demerit points from his driving record, pursuant to this subsection, during a 12-month period; but if such driver accumulates 12 demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of such course, but shall have his license suspended. A person shall be allowed to attend only once in 12 months for the purpose of reducing his demerit points.
7. Any three-demerit-point reduction shall apply only to the demerit record of the driver and shall not affect his driving record with the department or insurance record.
8. When any licensee has accumulated 12 demerit points the department shall suspend the license of such licensee until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
9. The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.
10. Upon suspending the license of any person as authorized in [subsection 1,] this section, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county.
κ1973 Statutes of Nevada, Page 367 (CHAPTER 295, SB 115)κ
for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.
________
Senate Bill No. 185Committee on Commerce and Labor
CHAPTER 296
AN ACT relating to industrial insurance and occupational diseases; defining total disability and disablement; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Total disability means incapacity resulting from an accident arising out of and in the course of employment which prevents the covered workman from engaging, for remuneration or profit, in any occupation for which he is or becomes reasonably fitted by education, training or experience.
Sec. 2. NRS 617.060 is hereby amended to read as follows:
617.060 Disablement and total disablement are used interchangeably in this chapter and shall be construed to mean the event of becoming physically incapacitated from performing any work for remuneration or profit by reason of an occupational disease, arising out of and in the course of employment, as defined in this chapter. [, from performing any work for remuneration or profit.]
________
κ1973 Statutes of Nevada, Page 368κ
Senate Bill No. 187Committee on Commerce and Labor
CHAPTER 297
AN ACT relating to industrial insurance; enables the Nevada industrial commission to enter into agreements with other states concerning extraterritorial problems; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission may enter into agreements or compacts with appropriate agencies, bureaus, boards or commissions of other states concerning matters of mutual interest, extraterritorial problems in the administration of this chapter, and for the purpose of eliminating duplicate claims or benefits.
2. The commission may provide liability insurance coverage against any risks of double liability on the part of employers subject to this chapter, for the same accident or injury.
________
Senate Bill No. 301Committee on Federal, State and Local Governments
CHAPTER 298
AN ACT relating to municipal services; permitting incorporated cities to provide certain services by contract, franchise or other lawful means; and providing other matters properly relating thereto.
[Approved April 12, 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:
An incorporated city may provide by lease, contract or franchise any of the following services which by charter or general law can be performed by the city itself within the corporate limits of the city:
1. Ambulance services.
2. Computer services.
3. Fire protection and suppression services.
4. Garbage and disposal services.
5. Police protection and watchman services.
6. Search and rescue services.
7. Specific city inspection services.
8. Any other service demanded by the inhabitants of the city which is within the power of the city by charter or law to provide.
________
κ1973 Statutes of Nevada, Page 369κ
Senate Bill No. 383Senator Pozzi
CHAPTER 299
AN ACT to amend NRS 281.160, relating to traveling expenses and subsistence allowances of state officers and employees, by increasing the maximum per diem allowance and travel expense; and providing other matters properly relating thereto.
[Approved April 12, 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, 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] $25 for each 24-hour period during which he is away from such office and within the state, and up to [$25] $15 in addition to a reasonable room rate 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] 14 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] 8 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] shall adopt regulations, and [may] shall 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] the amounts specified in subsection 1 where unusual circumstances make such rate desirable.
κ1973 Statutes of Nevada, Page 370 (CHAPTER 299, SB 383)κ
for travel outside the state for each 24-hour period] the amounts specified in subsection 1 where unusual circumstances make such rate desirable.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 192Committee on Health, Welfare and State Institutions
CHAPTER 300
AN ACT relating to the rehabilitation of juveniles; providing that the special probation program for juveniles will be administered by the department of health, welfare and rehabilitation; permitting the department to establish rules and regulations for the operation of the program; changing the procedure for determining the distribution of funds; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.230 is hereby amended to read as follows:
213.230 As used in NRS 213.220 to 213.290, inclusive:
1. Department means the department of [administration.] health, welfare and rehabilitation.
2. Juvenile court means the juvenile court of any judicial district.
3. Special supervision program means a probation program meeting the standards prescribed pursuant to NRS 213.220 to 213.290, inclusive, for the rehabilitation of offenders who were less than 18 years of age at the time of violating any state law, which does include:
(a) A degree of supervision substantially above the usual; and
(b) The use of new techniques rather than routine supervision techniques.
Sec. 2. NRS 213.240 is hereby amended to read as follows:
213.240 From any legislative appropriation for such purpose and in accordance with the provisions of NRS 213.220 to 213.290, inclusive, the state shall share the cost of supervising offenders in special supervision programs established in any county participating under NRS 213.220 to 213.290, inclusive, who would otherwise be committed to a [state] state-operated juvenile institution.
Sec. 3. NRS 213.250 is hereby amended to read as follows:
213.250 1. Any juvenile court may make application to the department to participate under NRS 213.220 to 213.290, inclusive, for the sharing of the cost of special supervision programs.
2. The application shall:
(a) Be in the form prescribed by the department; and
(b) Include a plan or plans for providing special supervision programs.
(c) Include assurances that such funds will not be used to replace local funds for existing programs for delinquent youth.
Sec. 4. NRS 213.270 is hereby amended to read as follows:
213.270 1. The juvenile court shall use the amount received under NRS 213.220 to 213.290, inclusive, for the purposes described in NRS 213.220 to employ necessary probation officers who shall carry caseloads substantially less than required for normal or routine supervision [.]
κ1973 Statutes of Nevada, Page 371 (CHAPTER 300, SB 192)κ
NRS 213.220 to 213.290, inclusive, for the purposes described in NRS 213.220 to employ necessary probation officers who shall carry caseloads substantially less than required for normal or routine supervision [.] , and to initiate new techniques and services of an innovative nature for delinquent youth.
2. The department shall determine the applicable costs to the state in calculating amounts to be paid to a juvenile court.
Sec. 5. NRS 213.280 is hereby amended to read as follows:
213.280 The department shall provide for the disbursement of such funds to each juvenile court proportionately on the basis of the population within the jurisdiction of such court, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, [but where] and such other factors determined to be relevant by the department in accordance with rules and regulations adopted pursuant to section 7 of this act. Where it appears that any juvenile court does not intend to submit an application to the department, the proportionate share of such juvenile court may be disbursed to [any] other juvenile [court.] courts in accordance with rules and regulations adopted by the department.
Sec. 6. NRS 213.290 is hereby amended to read as follows:
213.290 1. Each juvenile court receiving funds under the provisions of NRS 213.220 to 213.290, inclusive, shall report, on or before July 1 and December 31 of each year, the experience and results of such court in complying with the purposes of NRS 213.220 to 213.290, inclusive, to the department. [of health, welfare and rehabilitation.]
2. The department [of health, welfare and rehabilitation] shall compile such reports and submit them to the legislature upon its convening in regular session.
Sec. 7. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall adopt rules and regulations setting forth minimum standards for the operation of special supervision programs and such other rules as may be necessary for the administration of the provisions of NRS 213.220 to 213.290, inclusive, and this section. Such standards shall be sufficiently flexible to foster the development of new and improved supervision practices and techniques.
2. In developing the standards, the department shall seek advice form the appropriate county officials in those counties participating under the provisions of NRS 213.220 to 213.290, inclusive, and this section.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 372κ
Senate Bill No. 414Senator Young
CHAPTER 301
AN ACT relating to trusts; providing that a trust declared to be irrevocable is irrevocable under all circumstances even though settlor and beneficiary is same person; and providing other matters properly relating thereto.
[Approved April 12, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 163 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the settlor of any trust specifically declares in the instrument creating the trust that such trust is irrevocable it shall be irrevocable for all purposes, even though the settlor is also the beneficiary of such trust.
2. Such trust shall, under no circumstances, be construed to be revocable for the reason that the settlor and beneficiary is the same person.
________
Senate Bill No. 373Senator Pozzi
CHAPTER 302
AN ACT relating to motor vehicles; conforming Nevada law to the federal odometer statute; prohibiting tampering with odometers; requiring a statement to transferee on transfer of motor vehicle of mileage; providing penalties; providing civil remedies; and providing other matters properly relating thereto.
[Approved April 12, 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 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires:
1. Odometer means an instrument for measuring and recording the total distance which a motor vehicle travels while in operation; but does not include any auxiliary odometer designed to be reset by the operator of the motor vehicle.
2. Repair and replacement means restoration to a sound working condition by replacing the odometer or any part thereof, or by correcting what is inoperative.
3. Transfer means to change ownership by purchase, gift or any other means.
Sec. 3. 1. It is unlawful for any person to advertise for sale, to sell, to use, to install or to have installed any device which causes an odometer to register any mileage other than the true mileage driven.
2. For purposes of this section, the true mileage driven is that mileage traveled by the vehicle, as registered by the odometer, within the manufacturers designed tolerance for such odometer.
κ1973 Statutes of Nevada, Page 373 (CHAPTER 302, SB 373)κ
Sec. 4. It is unlawful for any person or his agent to disconnect, reset or alter the odometer of any motor vehicle with the intent to change the number of miles indicated thereon.
Sec. 5. It is unlawful for any person, with the intent to defraud, to operate a motor vehicle on any highway of this state knowing that the odometer of such vehicle is disconnected or nonfunctional.
Sec. 6. It is unlawful for any person to conspire with any other person to violate sections 2 to 11, inclusive, of this act.
Sec. 7. 1. Sections 2 to 11, inclusive, of this act do not prevent the service, repair or replacement of an odometer, if the mileage indicated on such odometer remains the same as before the service, repair or replacement.
2. Where the odometer is incapable of registering the same mileage as before such service, repair or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent, specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any such notice shall not be removed or altered.
Sec. 8. 1. Upon the sale or transfer of a motor vehicle, the transferor shall furnish the transferee with a written statement containing:
(a) The odometer reading at the date of transfer;
(b) The current address of the person making the sale or transfer; and
(c) The identity of the vehicle, including the make, model, body type, vehicle identification number and the vehicle registration number.
2. If the transferor has knowledge that the odometer reading differs from the actual mileage, he must include a statement of the actual mileage or a statement that the actual mileage is unknown.
3. If the vehicle being transferred is a bus or truck which weighs over 16,000 pounds and is accompanied by maintenance records, the department may exempt such vehicle, by regulations, from the provisions of sections 2 to 11, inclusive, of this act.
4. The transferee shall retain the statement in his possession for not less than 2 years.
Sec. 9. Any person who violates the provisions of sections 2 to 11, inclusive, of this act, is guilty of a misdemeanor.
Sec. 10. Any person who, with an intent to defraud, violates any requirement imposed by sections 2 to 11, inclusive, of this act, is liable to the person harmed by such act or acts, in an amount equal to the sum of:
1. Three times the amount of actual damages sustained by the person harmed or $1,500, whichever is greater; and
2. If the action of the person harmed is successful in enforcing the liability imposed by subsection 1, the costs of the action together with reasonable attorneys fees, as determined by the court.
Sec. 11. The attorney general or the district attorney of the proper county may bring an action in the district courts of this state to enjoin a violation of sections 2 to 11, inclusive, of this act.
Sec. 12. NRS 484.6445, 484.6446 and 484.6447 are hereby repealed.
________
κ1973 Statutes of Nevada, Page 374κ
Senate Bill No. 91Senator Hecht
CHAPTER 303
AN ACT relating to personal property taxes; removing the $1 charge for the property tax sticker or plate issued to the owners of mobile homes and campers.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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:
[(a)] 1. 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)] 2. 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. 2. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 312Committee on Federal, State and Local Governments
CHAPTER 304
AN ACT amending the Local Government Reapportionment Law to clarify the requirement for reapportionment of districts within Carson City; providing for realignment of wards in Carson City; and providing other matters properly relating thereto.
[Approved April 13, 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.
κ1973 Statutes of Nevada, Page 375 (CHAPTER 304, SB 312)κ
2. Enumeration district means the series of geographical units in each county of the state, 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, 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, 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] does not include Carson City, or any other incorporated city [.] , but does include any school district, hospital district or other district within or conterminous with Carson City.
4. Senatorial district mans any district created pursuant to the legislative districting provisions of chapter 218 of NRS for the election of senators.
Sec. 2. 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 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] exceeds the number of registered voters in any other ward by more than 5 percent. On January 1 preceding any general election at which supervisors are to be elected, the clerk shall ascertain from the current list of registered voters whether or not the boundaries of the wards must be changed. In such event, the board of supervisors shall realign the boundaries of the wards to comply with this section within 90 days.
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κ1973 Statutes of Nevada, Page 376κ
Senate Bill No. 334Senators Young, Close and Swobe
CHAPTER 305
AN ACT relating to thefts from merchants; making persons who wrongfully remove merchandise civilly liable to merchants; making parents or guardians of minors liable under similar circumstances; clarifying certain provisions of the law affecting the safekeeping of merchandise; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. An adult who steals merchandise from a merchants premises is civilly liable for the retail value of the merchandise, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorneys fees.
Sec. 3. The parents or legal guardian, as the case may be, of a minor who steals merchandise from a merchants premises is civilly liable for the retail value of the merchandise, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorneys fees. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.
Sec. 4. NRS 598.030 is hereby amended to read as follows:
598.030 1. As used in this [section:] section and in sections 2 and 3 of this act:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part [thereto] thereof wherein merchandise is displayed, held or offered for sale.
2. Any merchant [shall have the right to] may request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.
3. Any merchant who has [probable cause for believing] reason to believe that merchandise has been wrongfully taken by an individual and that he can recover such merchandise by taking such individual into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the individual into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant shall not render such merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
κ1973 Statutes of Nevada, Page 377 (CHAPTER 305, SB 334)κ
4. No merchant shall be entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has [probable cause for believing] reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. [Nevada Revised Statutes, section 598.030.] An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 598.030 and sections 2 and 3 of this act.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the department of state printing. The superintendent of the department of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 5. The superintendent of the department of state printing may utilize notices which were printed and available for distribution immediately prior to the effective date of this act, for distribution as required by subsection 4 of NRS 598.030. After this supply is exhausted, notices thereafter printed and distributed shall comply with subsection 4 of NRS 598.030 as amended.
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Senate Bill No. 346Committee on Federal, State and Local Governments
CHAPTER 306
AN ACT relating to municipal powers; empowering cities to use chapter 704A of NRS to construct or convert to or authorize the construction or conversion to underground electric and communication facilities; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 266 is hereby amended by adding thereto a new section which shall read as follows:
1. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
(a) Curb and gutter projects;
(b) Drainage projects;
(c) Offstreet parking projects;
(d) Overpass projects;
(e) Park projects;
(f) Sanitary sewer projects;
(g) Sidewalk projects;
(h) Storm sewer projects;
κ1973 Statutes of Nevada, Page 378 (CHAPTER 306, SB 346)κ
(i) Street projects;
(j) Underpass projects;
(k) Water projects; and
(l) Underground electric and communication facilities.
2. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.
Sec. 2. Section 6.010 of Article VI of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 306, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board, upon behalf of either the Ormsby district or the urban district, or both, and in their name, without any election, may from time to time acquire, impose, equip, operate and maintain, convert to or authorize, within or without such district or districts, or both within and without such district or districts:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 3. Section 6.020 of Article VI of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 307, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The board, on behalf of the Ormsby district or the urban district, or both, and in their name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, or converting to, any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS. If the board acts on behalf of both districts, property in both districts may be assessed. Whether the board acts on behalf of one or both districts, the obligations imposed by NRS 271.495 and 271.500 apply to Carson City as a whole.
Sec. 4. Section 6.010 of Article VI of the charter of the city of Caliente, being chapter 31, Statutes of Nevada 1971, at page 68, is hereby amended to read as follows:
Section 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
κ1973 Statutes of Nevada, Page 379 (CHAPTER 306, SB 346)κ
acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 5. Section 6.020 of Article VI of the charter of the city of Caliente, being chapter 31, Statutes of Nevada 1971, at page 68, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 6. Section 6.010 of Article VI of the charter of the city of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 398, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board of councilmen, on behalf of the city, and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 7. Section 6.020 of Article VI of the charter of the city of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 398, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The board of councilmen on behalf of the city, for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
κ1973 Statutes of Nevada, Page 380 (CHAPTER 306, SB 346)κ
authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 8. Section 6.010 of Article VI of the charter of the city of Henderson, being chapter 266, Statutes of Nevada 1971, at page 418, is hereby amended to read as follows:
Section 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 9. Section 6.020 of Article VI of the charter of the city of Henderson, being chapter 266, Statutes of Nevada 1971, at page 418, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 10. Section 6.010 of Article VI of the charter of the city of Wells, being chapter 275, Statutes of Nevada 1971, at page 471, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
κ1973 Statutes of Nevada, Page 381 (CHAPTER 306, SB 346)κ
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 11. Section 6.020 of Article VI of the charter of the city of Wells, being chapter 275, Statutes of Nevada 1971, at page 471, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The board of councilmen on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 12. Section 6.010 of Article VI of the charter of the city of Elko, being chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board of supervisors, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 13. Section 6.020 of Article VI of the charter of the city of Elko, being chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The board of supervisors on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 14. Section 6.010 of Article VI of the charter of the city of Carlin, being chapter 344, Statutes of Nevada 1971, at page 617, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
κ1973 Statutes of Nevada, Page 382 (CHAPTER 306, SB 346)κ
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects;
12. Underground [utility and communication lines;] electric and communication facilities; and
13. Any combination of such projects.
Sec. 15. Section 6.020 of Article VI of the charter of the city of Carlin, being chapter 344, Statutes of Nevada 1971, at page 617, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The board of councilmen on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 16. Section 6.010 of Article VI of the charter of the city of Yerington, being chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to read as follows:
Section 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 17. Section 6.020 of Article VI of the charter of the city of Yerington, being chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The city council on behalf of the city, for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
κ1973 Statutes of Nevada, Page 383 (CHAPTER 306, SB 346)κ
to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 18. Section 6.010 of Article VI of the charter of the city of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1079, is hereby amended to read as follows:
Section 6.010 Local improvement law. The board of commissioners, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 19. Section 6.020 of Article VI of the charter of the city of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1079, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The board of commissioners on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 20. Section 6.010 of Article VI of the charter of the city of Sparks, being chapter 545, Statutes of Nevada 1971, at page 1156, is hereby amended to read as follows:
Section 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
κ1973 Statutes of Nevada, Page 384 (CHAPTER 306, SB 346)κ
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 21. Section 6.020 of Article VI of the charter of the city of Sparks, being chapter 545, Statutes of Nevada 1971, at page 1156, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 22. Section 6.010 of Article VI of the charter of the city of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1225, is hereby amended to read as follows:
Section 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time, acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Library, park or recreation projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 23. Section 6.020 of Article VI of the charter of the city of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1226, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
Sec. 24. Section 6.010 of Article VI of the charter of the city of Reno, being chapter 662, Statutes of Nevada 1971, at page 1979, is hereby amended to read as follows:
Section 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain [:] , convert to or authorize:
1. Curb and gutter projects;
κ1973 Statutes of Nevada, Page 385 (CHAPTER 306, SB 346)κ
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground [utility and communication lines.] electric and communication facilities.
Sec. 25. Section 6.020 of Article VI of the charter of the city of Reno, being chapter 662, Statutes of Nevada 1971, at page 1980, is hereby amended to read as follows:
Section 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring, [or] improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by [chapter 271] chapters 271 and 704A of NRS, as amended from time to time.
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Senate Bill No. 350Committee on Judiciary
CHAPTER 307
AN ACT relating to undertakings; transferring the responsibility for their approval from the district judge to the clerk of court in most situations; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 20 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In all cases where a bond or other undertaking, except a bail bond, is required by the provisions of Titles 2 to 5, inclusive, of NRS or by the Nevada Rules of Civil Procedure, the bond or undertaking shall be presented to the clerk of the court in which the action or proceeding is pending, for his approval, before being filed or deposited.
Sec. 2. NRS 142.020 is hereby amended to read as follows:
142.020 1. Subject to the provisions of subsection 6, every person to whom letters testamentary (unless the will otherwise provides) or letters of administration shall have been directed to issue shall, before receiving the letters, execute a bond to the State of Nevada, with two or more sureties to be approved by the [district judge.] clerk. In form the bond shall be joint and several, and the penalties shall not be less than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the court by the examination on oath of the party applying, and of any other persons the judge may think proper to examine.
κ1973 Statutes of Nevada, Page 386 (CHAPTER 307, SB 350)κ
than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the court by the examination on oath of the party applying, and of any other persons the judge may think proper to examine.
2. The district judge shall require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him to be sold, in an amount necessary to make the total penalty the amount provided in subsection 1, treating the expected proceeds of the sale as personal property.
3. The bond shall be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and shall be recorded by the clerk.
4. Nothing contained in this Title affects the right of any court or judge to accept as sole surety upon any bond or undertaking a surety company duly qualified to act as sole surety upon bonds or undertakings within this state.
5. Personal assets of an estate may be deposited with a domestic banking or trust corporation upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit shall be subject to the further order of the court. The bond of the executor or administrator may be reduced accordingly.
6. If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this state is appointed executor or administrator of the estate of a deceased, no bond shall be required of such executor or administrator, unless otherwise specifically required by the court.
Sec. 3. NRS 159.065 is hereby amended to read as follows:
159.065 1. Except as otherwise provided by law, every guardian shall, before entering upon his duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the ward and the estate of the ward, and conditioned upon the faithful discharge by the guardian of his authority and duties according to law. The bond shall be approved by the [court.] clerk. Sureties shall be jointly and severally liable with the guardian and with each other.
2. If a banking corporation, as defined in NRS 657.016, doing business in this state, is appointed guardian of the estate of a ward, no bond shall be required of such guardian, unless specifically required by the court.
3. Joint guardians may unite in a bond to the ward or wards, or each may give a separate bond.
4. If there are no assets of the ward, no bond shall be required of the guardian.
5. If a person is appointed in a will to be guardian and the will provides that no bond is to be required of such guardian, the court may direct letters of guardianship to issue to the person on his taking and subscribing the oath of office and filing his name and address in the proceeding.
Sec. 4. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each notary public shall:
(a) Before entering upon the duties of his office and at the time he receives his commission, pay to the secretary of state the sum of $25 for the state general fund.
κ1973 Statutes of Nevada, Page 387 (CHAPTER 307, SB 350)κ
receives his commission, pay to the secretary of state the sum of $25 for the state general fund.
(b) Take the official oath as prescribed by law, which oath shall be endorsed on his commission.
(c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the [district judge] clerk of the county for which the notary public may be appointed.
2. The bond, together with the oath of office, shall be filed and recorded in the office of the county clerk of the county.
Sec. 5. NRS 247.020 is hereby amended to read as follows:
247.020 Each of the county recorders of the several counties, before entering upon the duties of his office, shall:
1. Take the constitutional oath of office.
2. Enter into a bond in the penal sum of not less than $5,000 nor more than $50,000, at the discretion of the board of county commissioners with 2 or more sureties, to be approved by the [district judge,] county clerk, conditioned for the faithful performance of his duties as county recorder.
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Senate Bill No. 416Senator Monroe
CHAPTER 308
AN ACT to change the name of the Elko Community College to the Northern Nevada Community College.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Elko Community College, created by chapter 25, Statutes of Nevada 1968, and transferred to the control of the board of regents of the University of Nevada by chapter 403, Statutes of Nevada 1969, shall hereafter be known as the Northern Nevada Community College.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 388κ
Senate Bill No. 427Committee on Judiciary
CHAPTER 309
AN ACT to amend NRS 176.085, relating to the alleviation of fines, by specifying the courts authority to direct payment in installments.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.085 is hereby amended to read as follows:
176.085 Whenever, after a fine has been imposed but before it has been discharged by payment or confinement, it is made to appear to the judge or justice imposing such fine or his successor: [that]
1. That the fine is excessive in relation to the financial resources of the defendant, such judge or justice or his successor may reduce the fine accordingly.
2. That the discharge of the fine is not within the defendants present financial ability to pay, such judge or justice or his successor may direct that the fine be paid in installments.
________
Senate Bill No. 430Senator Foley
CHAPTER 310
AN ACT relating to the disposition of property belonging to the University of Nevada; removing a restriction on the power of the board of regents to sell or lease property granted to the university.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.430 is hereby amended to read as follows:
396.430 1. The board of regents shall have the power to sell or lease any property granted, donated, devised or bequeathed to the university [, except property granted to it by the United States of America; provided:] if:
(a) The sale or lease of such property is not prohibited by or inconsistent with the provisions or conditions prescribed by the grant, gift, devise or bequest thereof; and
(b) Any such sale or lease [shall be] is approved by the governor.
2. The proceeds and rents from such sale or lease shall be held, managed, invested, used, bestowed and applied by the board of regents for the purposes, provisions and conditions prescribed by the original grant, gift, devise or bequest of the property so sold or leased.
________
κ1973 Statutes of Nevada, Page 389κ
Senate Bill No. 214Committee on Education
CHAPTER 311
AN ACT to repeal NRS 392.020, relating to the power of boards of trustees of school districts to exclude all children under 6 years of age.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.020 is hereby repealed.
________
Senate Bill No. 550Committee on Taxation
CHAPTER 312
AN ACT relating to gaming licenses; providing for transfer of gaming operations between parent and subsidiary corporate licensees; providing for transfer of prepaid gaming tax credits; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In the event the securities of a corporate licensee are or become publicly held or publicly traded, the gaming operations of such corporation may be transferred to a wholly owned subsidiary corporation, if such subsidiary corporation applies for and obtains a license.
2. If the commission approves the issuance of a license to such wholly owned subsidiary corporation, all prepaid state gaming taxes and fees which are credited to the account of the parent corporation shall be transferred and credited to the account of the subsidiary.
Sec. 2. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for the operation of not more than 15 slot machines and no other game or gaming device, the commission shall charge and collect from such applicant a license fee of $25 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. [No] Except as provided in section 1 of this act, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
κ1973 Statutes of Nevada, Page 390 (CHAPTER 312, SB 550)κ
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
Sec. 3. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for the operation of 16 or more slot machines or for the operation of any number of slot machines together with any other game or gaming device, the commission shall charge and collect from such applicant a license fee of $40 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of $10 for each slot machine for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. [No] Except as provided in section 1 of this act, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
Sec. 4. NRS 463.383 is hereby amended to read as follows:
463.383 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect from each applicant a quarterly license fee to be determined on the basis of the following annual rates:
(a) From establishments operating or to operate ten games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum of $1,500.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $3,000.
(b) From establishments operating or to operate more than ten games:
(1) For each game up to and including 16 games, the sum of $500.
(2) For each game from 17 to 26 games, inclusive, the sum of $4,800.
κ1973 Statutes of Nevada, Page 391 (CHAPTER 312, SB 550)κ
(3) For each game from 27 to 35 games, inclusive, the sum of $2,800.
(4) For each game more than 35 games, the sum of $100.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of one-fourth of the prescribed annual rate for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional games into play during a calendar quarter.
3. [No] Except as provided in section 1 of this act, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under NRS 465.010, shall be construed as and deemed a game within the meaning of this section.
5. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
6. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
________
Senate Bill No. 441Senator Bryan
CHAPTER 313
AN ACT relating to vital statistics; requiring court order to open sealed documents relating to adoption.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 440.310 is hereby amended to read as follows:
440.310 1. In case of the adoption of any person, the state registrar upon receipt of a certified copy of the adoption decree shall prepare a supplementary certificate in the new name of the adopted person, and showing the adoptive parents as the parents, and seal and file the original certificate of birth with the certified copy of the adoption decree attached thereto.
2. Such sealed documents may be opened [by the state registrar] only upon [the demand of the adopted person, if of legal age, or by an order of a court of competent jurisdiction.]
κ1973 Statutes of Nevada, Page 392 (CHAPTER 313, SB 441)κ
order of a court of competent jurisdiction.] an order of the court issuing the adoption decree, expressly so permitting, pursuant to a petition setting forth the reasons therefor.
3. Upon the receipt of a certified copy of a court order of annulment of adoption, the state registrar shall restore the original certificate to its original place in the files.
________
Senate Bill No. 440Senator Bryan
CHAPTER 314
AN ACT relating to probate of foreign wills; substituting certain terminology; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 136.260 is hereby amended to read as follows:
136.260 1. A will duly proved, allowed and admitted to probate outside of this state may be admitted to probate and recorded in the proper court of any county in this state in which the testator shall have left any estate.
2. When a copy of the will and the probate thereof, duly [authenticated,] certified, shall be presented by the executor, his nominee, or by any other person interested in the will, with a petition for probate, the same must be filed and a time must be appointed for a hearing thereon and notice must be given as required by law on a petition for the original probate of a domestic will.
3. If, upon the hearing, it appears to the satisfaction of the court that the will has been duly proved and admitted to probate outside of this state, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, which probate shall have the same force and effect as the original probate of a domestic will.
4. When a duly [authenticated] certified copy of a will from any jurisdiction where probate is not required by the laws of that jurisdiction, with [a duly authenticated] the certificate of the legal custodian of the original will that the same is a true copy, and that the will has become operative by the laws of that jurisdiction, and when a copy of a notarial will in possession of a notary in a foreign jurisdiction entitled to the custody thereof (the laws of which jurisdiction require that the will remain in the custody of the notary), duly [authenticated] certified by the notary, is presented by the executor, his nominee, or other persons interested to the proper court in this state, the court shall appoint a time and place of hearing and notice thereof shall be given as in case of an original will presented for probate.
5. If it appear to the court that the instrument ought to be admitted to probate in this state, as the last will and testament of the deceased, the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and admitted to probate in the court.
κ1973 Statutes of Nevada, Page 393 (CHAPTER 314, SB 440)κ
the copy shall be filed and recorded, and the will shall have the same effect as if originally proved and admitted to probate in the court.
Sec. 2. NRS 136.270 is hereby amended to read as follows:
136.270 When a copy of a will, as mentioned in NRS 136.260, and the probate thereof, duly [authenticated,] certified, shall be filed in the clerks office, with a petition for letters, notice shall be given for the hearing thereof, and such proceedings shall be had as in case of an original will for probate, and with like force and effect.
________
Senate Bill No. 432Senators Wilson, Young, Raggio, Swobe and Drakulich
CHAPTER 315
AN ACT relating to the state department of conservation and natural resources; enabling and directing such department to begin negotiations on an interstate compact relating to land use in the Truckee River watershed extending from Lake Tahoe to the California-Nevada boundary line.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of conservation and natural resources is hereby authorized and directed to commence negotiations with the appropriate agencies of the state of California leading to an interstate compact relating to land use in that area of the Truckee River watershed which extends from Lake Tahoe to the boundary line between the states of California and Nevada, as such land use affects the quantity and quality of the water of the Truckee River.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 153Senators Wilson, Foley, Walker, Young, Bryan and Close
CHAPTER 316
AN ACT relating to the state legislature; requiring lobbyists to register and supply certain information to the legislature; and providing penalties.
[Approved April 13, 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 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, any person who, during a session of the legislature and in the legislative building, represents any person other than himself for the purpose of attempting to influence the passage or defeat of any legislation shall, before doing anything in furtherance of this purpose, register with the director of the legislative counsel bureau and shall declare in writing his name and address and the name and address of the person or organization which he represents.
κ1973 Statutes of Nevada, Page 394 (CHAPTER 316, SB 153)κ
influence the passage or defeat of any legislation shall, before doing anything in furtherance of this purpose, register with the director of the legislative counsel bureau and shall declare in writing his name and address and the name and address of the person or organization which he represents.
2. This section does not apply to:
(a) Any public officer or employee acting in the course of his employment.
(b) A person who appears without compensation as a witness before a committee of the legislature.
Sec. 3. Any person who violates any provision of section 2 of this act is guilty of a misdemeanor.
________
Senate Bill No. 445Committee on Finance
CHAPTER 317
AN ACT making an appropriation from the general fund in the state treasury to the University of Nevada for the agricultural experiment station and agricultural extension service to make a study of the application and use of irrigation water in the drainage basins of the Truckee and Carson rivers; and providing other matters properly relating thereto.
[Approved April 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 to the University of Nevada the sum of $16,000 for the fiscal year beginning July 1, 1973, and ending June 30, 1974, and $16,000 for the fiscal year beginning July 1, 1974, and ending June 30, 1975, for the purpose of allowing the agricultural experiment station and the agricultural extension service to make a study of the application and use of irrigation water within the drainage basins of the Truckee and Carson rivers.
________
Senate Bill No. 446Senator Monroe
CHAPTER 318
AN ACT relating to public buildings and facilities; requiring plans and specifications for public buildings to conform to the American Standard for physically handicapped persons; requiring certain facilities to be usable by handicapped persons; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature of the State of Nevada declares that:
κ1973 Statutes of Nevada, Page 395 (CHAPTER 318, SB 446)κ
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to the physically handicapped in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of the physically handicapped and to make public buildings accessible to and usable by the physically handicapped; and
(b) It is the intent of the legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, the physically handicapped, without loss of function, space or facility where the general public is concerned.
2. All plans and specifications for the construction of public buildings and facilities by the state or by a political subdivision, district, authority, board or public corporation or entity of the state shall provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors, and public telephones accessible and usable by the physically handicapped. Such buildings and facilities shall conform with the American Standard specifications for making buildings and facilities accessible to, and usable by, the physically handicapped which is effective where the plans and specifications are approved, as published by the American Standards Association.
________
Senate Bill No. 473Committee on Education
CHAPTER 319
AN ACT to amend NRS 392.400, relating to inspection and repair of school vehicles, by deleting a reference to the state department of education made obsolete by a previous amendment of the section.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.400 is hereby amended to read as follows:
392.400 1. All vehicles used in the transportation of pupils shall be:
(a) In good condition and state of repair.
(b) Well equipped, and shall contain sufficient room and seats so that the driver and each pupil being transported shall have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Inspected semiannually by the department of motor vehicles to insure that such vehicles are mechanically safe and meet the minimum specifications established by the state board of education. The department of motor vehicles shall make written recommendations to the superintendent of schools of the school district wherein such vehicle is operating for the correction of any defects discovered thereby.
2. If the superintendent of schools fails or refuses to take appropriate action to have such defects corrected within 10 days after receiving notice thereof from the department of motor vehicles, [or the state department of education,] he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
κ1973 Statutes of Nevada, Page 396 (CHAPTER 319, SB 473)κ
department of education,] he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
3. All vehicles used for transporting pupils shall meet the specifications determined by the state board of education.
4. Any person violating any of the requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 474Committee on Education
CHAPTER 320
AN ACT to amend NRS 391.280, relating to attendance of teachers at conferences, by deleting obsolete reference to educational supervision district and inserting school districts.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.280 is hereby amended to read as follows:
391.280 All teachers, without loss of salary for the time employed, shall be required to attend the teachers conferences held in the [educational supervision district] school districts in which they may be teaching, unless they shall be excused for good cause by the superintendent of schools in the school district in which they are employed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 510Committee on Judiciary
CHAPTER 321
AN ACT relating to courts; repealing provisions creating and governing family courts; and providing other matters properly relating thereto.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.190 is hereby amended to read as follows:
3.190 1. [Except as provided in NRS 3.390 to 3.450, inclusive, the] The district courts, severally, have original jurisdiction in:
(a) All cases in equity.
κ1973 Statutes of Nevada, Page 397 (CHAPTER 321, SB 510)κ
(b) All cases at law which involve the title or the right of possession to, or the possession of real property or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine.
(c) All actions to foreclose mechanics liens.
(d) All cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds $300.
(e) All cases relating to the estates of deceased persons, and the persons and estates of minors, idiots and insane persons.
(f) The action of forcible entry and unlawful detainer.
(g) All criminal cases not otherwise provided for by law.
(h) All cases in which election to a public office, including the office of presidential elector, is contested, except those offices enumerated in NRS 293.407.
2. They shall also have final appellate jurisdiction in cases arising in justices courts and such other inferior tribunals as may be established by law.
3. The district courts and the judges thereof shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction. They also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts.
Sec. 2. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, [and in NRS 3.390 to 3.440, inclusive,] the courts shall have exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county:
(1) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.
(2) Whose occupation, behavior, environment or associations are injurious to his welfare.
(3) Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.
(4) Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.
(5) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.
(b) Concerning any person over the age of 18 years and under the age of 21 years charged with having violated any provision of subparagraph (5) of paragraph (a) prior to having become 18 years of age. Such a minor shall be dealt with under the provisions of this chapter relating to children.
(c) For the care or commitment to an institution of a mentally retarded child.
2. Nothing contained in this chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
κ1973 Statutes of Nevada, Page 398 (CHAPTER 321, SB 510)κ
to determine the custody or guardianship of children in divorce or domestic relations cases.
Sec. 3. NRS 3.390, 3.400, 3.410, 3.420, 3.430, 3.440 and 3.450 are hereby repealed.
________
Senate Bill No. 546Committee on Judiciary
CHAPTER 322
AN ACT repealing provision for requiring married women and infants to procure sureties for appearance as a material witness.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.496 is hereby repealed.
________
Senate Bill No. 38Committee on Judiciary
CHAPTER 323
AN ACT to amend an act entitled An Act amending the Local Government Employee-Management Relations Act; providing for submission of disputes to impartial factfinders and the method of selecting factfinders; investing the governor with emergency power to order that findings and recommendations in particular disputes will be final and binding; establishing criteria for factfinders; defining terms; providing penalties; and providing other matters properly relating thereto, approved May 3, 1971.
[Approved April 13, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, being chapter 643, Statutes of Nevada 1971, at page 1508, is hereby amended to read as follows:
Section 8. NRS 288.220 is hereby amended to read as follows:
288.220 The following proceedings, required by or pursuant to this chapter, are not subject to any provision of chapter 241 of NRS:
1. Any negotiation or informal discussion between a local government employer and an employee organization or employees as individuals, whether conducted by the governing body or through a representative or representatives.
2. Any meeting of a mediator with either party or both parties to a negotiation.
3. Any meeting or investigation conducted by a factfinder.
κ1973 Statutes of Nevada, Page 399 (CHAPTER 323, SB 38)κ
4. Any meeting of the governing body of a local government employer with its management representative or representatives.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 59Senator Pozzi
CHAPTER 324
AN ACT relating to vehicle privilege taxes; apportioning such taxes to the county where the vehicle is based; and providing other matters properly relating thereto.
[Approved April 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:
Based means primarily used, or if a vehicle is often used in more than one county, then it means primarily stored or maintained. A vehicle registered for intercounty or interstate operation under the provisions of chapter 706 of NRS shall be deemed to have no base.
Sec. 2. 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 Assembly Bill 94 of the 57th session of the Nevada legislature, [shall] and in section 1 of this act have for the purposes of this chapter [, have] the meanings ascribed to them in NRS 482.013 to 482.135, inclusive, and in section 1 of this act, except in those instances where the context clearly indicates a different meaning.
Sec. 3. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal registration, shall be made as provided in this section.
2. Applications for all registrations, except renewal registrations, shall be made in person, if practicable, to any office or agent of the department.
3. Each application shall be made upon the appropriate form furnished by the department and shall contain:
(a) The signature of the owner.
(b) His residence address. [, including the county in which he resides.]
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
κ1973 Statutes of Nevada, Page 400 (CHAPTER 324, SB 59)κ
which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
4. The application shall contain such other information as may be required by the department, and shall be accompanied by proof of ownership satisfactory to the department.
Sec. 4. NRS 482.245 is hereby amended to read as follows:
482.245 Certificates of registration and of ownership shall meet the following requirements:
1. The certificate of registration shall contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the department.
2. The certificate of ownership shall contain upon the face thereof the date issued, the name and address of registered owner and legal owner, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, and such other statement of facts as may be determined by the department. The reverse side of the certificate of ownership shall contain forms for notice to the department of a transfer of the title or interest of the owner or legal owner and application for registration by the transferee.
Sec. 5. 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 license plate fees and registration fees as provided for in this chapter.
(b) Collect [,] the privilege tax on the vehicle, as agent for the county [in which the applicant resides, the privilege tax on the vehicle.] where the applicant intends to base the vehicle for the registration period, unless the vehicle is deemed to have no base.
(c) Issue 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. 6. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 401κ
Assembly Bill No. 110Committee on Judiciary
CHAPTER 325
AN ACT relieving the estate of a deceased person from court-ordered child support payments; making an exception; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.140 is hereby amended to read as follows:
125.140 1. The court, in granting a divorce, shall make such disposition of, and provision for, the children, as shall appear most expedient under all the circumstances, and most for the present comfort and future well-being of such children.
2. In actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same, even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
3. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered under this section shall cease upon the death of the person to whom such order was directed.
Sec. 2. NRS 146.010 is hereby amended to read as follows:
146.010 [When] Except as provided in NRS 125.140, when any person shall die, leaving a widow or a minor child or children, the widow, child or children shall be entitled to remain in possession of the homestead and of all the wearing apparel and provisions on hand of the family, and all of the household furniture, and shall also be entitled to a reasonable provision for their support, to be allowed by the district judge at chambers or in court.
________
κ1973 Statutes of Nevada, Page 402κ
Assembly Bill No. 38Committee on Transportation
CHAPTER 326
AN ACT relating to motor vehicles; increasing the registration fees of such vehicles for purposes of hiring supplementary patrolmen for the Nevada highway patrol; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of $9.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds............................................................. $8
3,550 to and including 3,649 pounds............................................................. 10
3,650 to and including 3,749 pounds............................................................. 12
3,750 to and including 3,849 pounds............................................................. 14
3,850 to and including 3,949 pounds............................................................. 16
3,950 to and including 3,999 pounds............................................................. 18
5. For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds........................................................... $10
3,550 to and including 3,649 pounds........................................................... 12
3,650 to and including 3,749 pounds........................................................... 14
3,750 to and including 3,849 pounds........................................................... 16
3,850 to and including 3,949 pounds........................................................... 18
3,950 to and including 3,999 pounds........................................................... 20
4,000 to and including 5,049 pounds........................................................... 25
6. For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every motortruck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.
κ1973 Statutes of Nevada, Page 403 (CHAPTER 326, AB 38)κ
and used on such vehicle in the transportation of property. Whenever a camper is attached to a motortruck the camper shall be considered as a load and the fees imposed by this section upon the motortruck shall be based on the unladened weight of the motortruck, exclusive of the camper.
7. For every mobile home, the registration fee shall be $5.50.
8. Except as provided in subsection 9, for each transfer of registration the fee shall be $2.
9. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
10. For each stock passenger car, bus, reconstructed or specially constructed passenger car, motorcycle, motortruck and truck tractor there shall be an additional fee of [$1] $2 for each registration, which shall be placed in a special fund to be used only for the purposes specified in NRS 481.145.
________
Assembly Bill No. 211Messrs. Vergiels, Demers, Ullom and Lowman
CHAPTER 327
AN ACT relating to elections; making voting twice at the same election a gross misdemeanor; providing for notice; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person who is entitled to vote shall vote or attempt to vote more than once at the same election. Any person who votes or attempts to vote twice at the same election is guilty of a gross misdemeanor.
2. Notice of the provisions of subsection 1 shall be given by the county clerk or registrar of voters as follows:
(a) Printed on all sample ballots mailed;
(b) Posted in boldface type at each polling place; and
(c) Posted in boldface type at the office of the county clerk or registrar of voters.
________
κ1973 Statutes of Nevada, Page 404κ
Assembly Bill No. 413Messrs. Torvinen, Lowman and Fry
CHAPTER 328
AN ACT to amend NRS 150.230, relating to debts of decedents estates, by providing that certain expenses relating to the death of a deceased spouse are solely chargeable to the estate of such spouse; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 150.230 is hereby amended to read as follows:
150.230 1. The executor or administrator shall, as soon as he has sufficient funds in his hands, pay the funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, and wage claims to the extent of $600 of each employee of decedent for work done or personal services rendered within 3 months prior to the death of the employer, but he may retain in his hands the necessary expenses of administration.
2. He shall not be obliged to pay any other debt or any legacy until the payment shall have been ordered by the court.
3. Funeral expenses and expenses of a last sickness shall be deemed debts payable out of the estate of the deceased spouse and shall not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.
________
Assembly Bill No. 370Mr. Hayes
CHAPTER 329
AN ACT relating to local government budgets; removing the requirement of certain filings with the public service commission of Nevada.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.596 is hereby amended to read as follows:
354.596 1. On or before February 20 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the Nevada tax commission for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget shall be filed for public record and inspection in the office of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
2. At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of such hearing to be published once in a newspaper of general circulation within the area of the local government at least 7 days prior to the date set for such hearing.
κ1973 Statutes of Nevada, Page 405 (CHAPTER 329, AB 370)κ
budget and shall cause a notice of such hearing to be published once in a newspaper of general circulation within the area of the local government at least 7 days prior to the date set for such hearing. The notice of public hearing shall state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the Nevada tax commission.
(c) The places where copies of the tentative budget are on file and available for public inspection.
3. Budget hearings shall be held:
(a) For county budgets, on the 4th Monday in March;
(b) For cities, on the 4th Tuesday in March;
(c) For school districts, on the 4th Wednesday in March; and
(d) For all other local governments, on the 4th Thursday in March, except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
4. On or before February 20, a copy of the tentative budget and notice of public hearing shall be submitted:
(a) To the Nevada tax commission; and also
(b) In the case of school districts, to the state department of education. [; and
(c) 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 public service commission of Nevada.]
5. The Nevada tax commission shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days prior to the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the submitted documents fail to comply with law or appropriate regulations. The notice or certificate shall be read at the public hearing.
6. Whenever the governing body receives from the Nevada tax commission a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
Sec. 2. NRS 354.602 is hereby amended to read as follows:
354.602 Within 45 days after September 30, December 31, March 31 and within 90 days after June 30 of each year, the governing board of each local government shall cause to be published a report in the form prescribed by the Nevada tax commission showing, for each item of detailed estimate required by NRS 354.600, the amount estimated and the amount actually received or expended. Any approved budget augmentation or short-term financing received shall be included and briefly explained in a footnote. A copy of such report shall be filed immediately:
1. With the Nevada tax commission;
2. In the case of school districts, with the state department of education; and
3. [In the case of those entities subject to jurisdiction of the public service commission of Nevada, with that agency; and
κ1973 Statutes of Nevada, Page 406 (CHAPTER 329, AB 370)κ
4.] In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.
________
Assembly Bill No. 369Messrs. Torvinen and Fry
CHAPTER 330
AN ACT to amend NRS 484.777, relating to the authority of local governments to enact traffic ordinances, by removing prohibitions against certain ordinances relating to traffic accidents.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.777 is hereby amended to read as follows:
484.777 1. The provisions of this chapter are applicable and uniform throughout this state on all highways to which the public has a right of access or to which persons have access as invitees or licensees.
2. Unless otherwise provided, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of this chapter if the provisions of such ordinance are not in conflict with this chapter.
3. A local authority shall not enact an ordinance:
(a) Governing the registration of vehicles and the licensing of drivers;
(b) Governing the duties and obligations of persons involved in traffic accidents [;] , other than the duties to stop, render aid and provide necessary information; or
(c) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.
4. No person convicted or adjudged guilty of a violation of a traffic ordinance shall be charged or tried in any other court in this state for the same offense.
________
Assembly Bill No. 361Messrs. Howard, Getto, Jacobsen and Young
CHAPTER 331
AN ACT relating to ambulance drivers and attendants; providing for provisional licenses under certain circumstances; exempting provisional licensees and physicians, osteopaths and nurses from special licensing requirements; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.590 is hereby amended to read as follows:
202.590 1. Except as provided in subsection 2, after January 1, 1972, no person shall drive, or be an attendant on, any public or private ambulance, unless he possesses a license issued by the health division of the department of health, welfare and rehabilitation under chapter 450A of NRS, and no owner of such a vehicle shall permit it to be operated unless:
κ1973 Statutes of Nevada, Page 407 (CHAPTER 331, AB 361)κ
ambulance, unless he possesses a license issued by the health division of the department of health, welfare and rehabilitation under chapter 450A of NRS, and no owner of such a vehicle shall permit it to be operated unless:
(a) The driver and all attendants possess licenses as required by this section.
(b) The vehicle carries traction splints and a standard 24-unit first aid kit approved by the American Red Cross.
2. The provisions of this section do not apply to:
(a) A volunteer who drives, or acts as an attendant on, an ambulance in an emergency when it is impossible to secure a driver or attendant qualified as required by subsection 1.
(b) Drivers and attendants on ambulances [operated in cities and towns having less than 1,000 population.] who hold a provisional license issued by the health division of the department of health, welfare and rehabilitation under chapter 450A of NRS.
(c) Licensed physicians, osteopaths and nurses.
3. Any person who violates any of the provisions of this section shall be punished by a fine of not more than $500.
Sec. 2. NRS 450A.040 is hereby amended to read as follows:
450A.040 The state board of health shall establish and promulgate such rules, regulations, standards and procedures as it determines are necessary for the issuance, suspension, revocation and renewal of licenses and provisional licenses for ambulance drivers and attendants, under the provisions of this chapter.
Sec. 3. NRS 450A.080 is hereby amended to read as follows:
450A.080 1. No public or private owner of an ambulance shall permit its operation and use by any person not licensed under this chapter.
2. The provisions of this section do not apply to:
(a) A volunteer who drives or acts as an attendant on an ambulance in an emergency when it is impossible to secure a driver or attendant licensed under this chapter; or
(b) Drivers and attendants on ambulances who hold a provisional license issued by the health division pursuant to this chapter.
(c) Licensed physicians, osteopaths and nurses.
Sec. 4. Chapter 450A of NRS is hereby amended by adding thereto a new section which shall read as follows:
The health division may issue a provisional license to an individual who does not meet the qualifications established by this chapter if the health division determines that issuing such license would be in the public interest.
________
κ1973 Statutes of Nevada, Page 408κ
Assembly Bill No. 347Messrs. Demers, Hayes, Ullom, Banner, Huff and Lowman
CHAPTER 332
AN ACT relating to local government purchasing; requiring compliance with the provisions for letting of contracts where the governing body has approved an application for federal grants to be expended pursuant to such contract.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 332 is hereby amended by adding thereto a new section which shall read as follows:
Approval by a governing body of an application for a federal categorical grant does not dispense with the requirements of this chapter for approval by the governing body of the letting of any contract.
________
Assembly Bill No. 333Messrs. Getto and Howard
CHAPTER 333
AN ACT relating to brands and marks; requiring the branding or branding and marking of livestock grazed on open range; exempting certain animals from the requirement; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 564.010 is hereby amended to read as follows:
564.010 As used in NRS 564.010 to 564.150, inclusive [:] , and section 2 of this act:
1. Animals means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
2. Department means the state department of agriculture.
3. Executive director means the executive director of the state department of agriculture.
Sec. 2. Chapter 564 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, open range means all unenclosed lands outside of cities and towns upon which animals by custom, license, lease or permit are grazed or permitted to roam.
2. Except as provided in subsection 3, every owner of animals in this state, who permits his animals to graze upon the open range, shall design, adopt and record a brand or brands, or brand and mark, or brands and marks, and shall brand or brand and mark his animals as provided in NRS 564.010 to 564.150, inclusive.
κ1973 Statutes of Nevada, Page 409 (CHAPTER 333, AB 333)κ
adopt and record a brand or brands, or brand and mark, or brands and marks, and shall brand or brand and mark his animals as provided in NRS 564.010 to 564.150, inclusive.
3. Every owner of animals who brings such animals from another state into this state, which animals have a recorded or registered brand of such other state, and who permits such animals to graze upon the open range shall make application to the department for temporary use of such brand. The application must state the duration of time such animals will remain in this state. The department may grant a temporary use of such brand for a designated period of time, which may not exceed the duration of time stated in the application, or require a new brand or brand and mark as required by this section.
4. This section does not apply to animals less than 6 months of age.
________
Assembly Bill No. 308Mr. Prince
CHAPTER 334
AN ACT relating to flood control; directing the director of the state department of conservation and natural resources to give all assurances and perform any other acts required by federal authorities for the Gleason Creek flood control project; and providing other matters properly relating thereto.
[Approved April 15, 1973]
Whereas, The project for flood protection on Gleason Creek, Nevada, authorized by the Congress of the United States in the Flood Control Act of 1960 substantially in accordance with the recommendations of the Chief of Engineers, of the United States Army, reported in House Document 388 of the Eighty-sixth Congress, is a project for necessary and required flood control; and
Whereas, The Congress of the United States has appropriated, and may hereafter appropriate, money for the project; and
Whereas, In NRS 543.020 it has been declared to be the policy of the State of Nevada to cooperate with the United States and its departments and agencies and with the counties, cities and public districts of this state in preventing loss of life and property resulting from floods; and
Whereas, The City of Ely, Nevada, after public hearing and full consideration by the city council, has, by resolution dated February 8, 1971, provided to the Corps of Engineers assurances of intent of required local cooperation; and
Whereas, The director of the state department of conservation and natural resources is authorized by NRS 543.030 to give all assurances and perform any other acts required by the Secretary of the Army and the Congress of the United States in connection with flood control projects in the State of Nevada when and as directed by acts of the legislature of the State of Nevada; now, therefore, The People of the State of Nevada, represented in Senate and Assembly,
κ1973 Statutes of Nevada, Page 410 (CHAPTER 334, AB 308)κ
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature of the State of Nevada endorses the Gleason Creek flood control project in essence as presently authorized by the Congress.
Sec. 2. The director of the state department of conservation and natural resources is hereby directed to give, in cooperation with the City of Ely, Nevada, all assurances and perform any other acts required by the Secretary of the Army and the Congress of the United States in connection with the Gleason Creek flood control project.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 174Messrs. Demers, Howard, Dini and Hayes
CHAPTER 335
AN ACT relating to the Nevada National Guard; providing for arrest and detention of members, issuance of warrants and the form thereof; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 412.274 is hereby amended to read as follows:
412.274 1. Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require [;] , by a person so authorized by this chapter; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement.
2. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
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. 1. If any member of the Nevada National Guard fails or refuses to report to his appointed place of duty, his commanding officer may arrest him or cause him to be arrested, and brought before the commanding officer at the unit or organization headquarters, whether such headquarters are located within or without the borders of the state.
2. After an arrest, the commanding officer may transport, or cause to be transported, the person arrested to his appointed place of duty.
3. If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he may issue a warrant to any peace officer authorized to serve warrants of arrest in aid of any criminal action. Such peace officer shall serve the warrant in the same manner as other warrants of arrest, and make return thereof to the commanding officer issuing the warrant.
κ1973 Statutes of Nevada, Page 411 (CHAPTER 335, AB 174)κ
the same manner as other warrants of arrest, and make return thereof to the commanding officer issuing the warrant.
4. If the commanding officer issuing the warrant, or his authorized representative, is not available to receive the person arrested, the arresting officer shall take him before the nearest available magistrate in the state.
5. The magistrate may admit the person arrested to bail conditioned upon his appearance before the magistrate at a specified time for surrender to the commanding officer issuing the warrant.
6. If the person arrested is unable to give bail, he may be held in the county jail for a period not to exceed 3 days, pending his surrender to the commanding officer or his authorized representative.
Sec. 4. 1. Warrants of arrest issued pursuant to section 3 of this act shall be in substantially the following form:
State of Nevada
County of.............................................
}
ss.
To the (Sheriff) (Constable) (Chief of Police) of .......................................... (County) (Township and County) (City and County):
......................................................................................................................................... ,
(Name of individual to be arrested, rank, serial number)
a member of ........................................ Nevada National Guard, having failed or refused to report to his appointed
(Unit designation)
place of duty at .............................., you are therefore commanded forthwith to arrest the above-named ........................................ and bring him before me at ........................................ . The arrest may be made either during the day or at night.
Dated at ................................. this .......... day of .........................., 19 .........
/s/ ..............................................................
(Name, rank, branch, organization, and designation as commanding officer)
2. Fees and mileage allowed for the service of warrants shall be the same as are provided by law for the service of criminal process and shall be paid out of funds appropriated to the department of the military, upon proper application therefor.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 412κ
Senate Bill No. 5Senators Dodge and Close
CHAPTER 336
AN ACT relating to modification of investment procedures of the Nevada industrial commission; authorizing certain additional investments; eliminating certain restrictions on investments in common stock; increasing permissible percentage of investments in common and preferred stock; reducing restrictions on bond investments; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The commission may invest and reinvest the moneys in its funds in:
1. Commercial paper as it is set forth in the Uniform Commercial Code-Commercial Paper NRS 104.3101 et seq. Eligible commercial paper may not exceed 180 days maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of 50 million dollars ($50,000,000) which are incorporated under the laws of the United States or any state thereof or the District of Columbia.
2. Collective or part interest in commercial paper held by national banks and issued by companies whose commercial paper meets the requirements prescribed in paragraph 1 hereof.
3. Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System.
4. Time certificates of deposit issued by commercial banks.
5. Savings accounts in state banks, located in and organized under the laws of this state, or national banks.
Sec. 3. 1. Subject only to the limitations of NRS 616.4984 and not in any way subject to the limitations of NRS 616.4981, the commission may invest and reinvest the moneys in its funds in securities and stock recommended by investment counsel whether or not the securities or stock are expressly authorized or qualify under chapter 616 of NRS if, in the opinion of the investment counsel, the investment conforms to the overall investment objectives of the commission subject to the standard as set forth in the following paragraph, and provided that the aggregate of the investments under this section at cost shall not exceed 10 percent of the assets.
2. In investing in securities and stock under this section for the commission, investment counsel shall exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds considering the probable income as well as the probable safety of their capital. Within the limitation of the foregoing standard there may be acquired and retained as investments of the commission under this section every kind of investment which men of prudence, discretion and intelligence acquire or retain for their own account.
κ1973 Statutes of Nevada, Page 413 (CHAPTER 336, SB 5)κ
acquired and retained as investments of the commission under this section every kind of investment which men of prudence, discretion and intelligence acquire or retain for their own account.
Sec. 4. NRS 616.4972 is hereby amended to read as follows:
616.4972 1. The commission may invest and reinvest the moneys in its funds in bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.
2. The commission may invest and reinvest the moneys in its fund in obligations of the United States Postal Service or the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States of America.
3. The commission may invest and reinvest the moneys in its funds in obligations issued or guaranteed by the International Bank for Reconstruction and Development and the Inter-American Development Bank.
Sec. 5. NRS 616.4978 is hereby amended to read as follows:
616.4978 1. The commission may invest and reinvest the moneys in its funds in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent corporation or corporations (other than those organized and chartered for the sole purpose of holding stocks of other corporations) created or existing under the laws of the United States or of any of the states of the United States or the District of Columbia, or the Dominion of Canada or any of its provinces, which are not in default either as to principal [and] or interest; provided:
(a) In the case of any public utility company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than [two] one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than [two] one and one-half times its fixed charges for such year.
(b) In the case of any finance company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than one [and one-half] times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have not been less than one [and one-half] times its fixed charges for such year.
(c) In the case of any solvent institution other than those described in paragraphs (a) and (b) above, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than [three] one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than [three] one and one-half times its fixed charges for such year.
2. The commission shall not invest in any one issue of such bonds described in paragraphs (a), (b) and (c) of subsection 1 in an amount in excess of 10 percent of any one such issue.
Sec. 6. NRS 616.498 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 414 (CHAPTER 336, SB 5)κ
616.498 1. The commission may invest and reinvest the moneys in its funds in preferred or guaranteed stock or shares of any solvent institution created or existing under the laws of the United States or of any state, district or territory thereof, if all the prior obligations and prior preferred stocks, if any, of such institutions at the date of acquisition are eligible as investments under this section and if the net earnings of such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than [two] one and one-half times, in the case of a public utility company, [and three times,] one time in the case of a finance company and one and one-half times in the case of any solvent institution other than a public utility company [,] or a finance company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements. For the purpose of this section, such computation shall refer to the fiscal years immediately preceding the date of acquisition, and the term preferred dividend requirement shall be deemed to mean cumulative or noncumulative dividends, whether paid or not.
2. The commission shall not invest more than 1 percent of its assets in the preferred stock of any one issuing company, nor shall the aggregate of its investments under this section exceed 10 percent of its assets.
Sec. 7. NRS 616.4981 is hereby amended to read as follows:
616.4981 1. The commission may invest and reinvest the moneys in its funds in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof, if [:
(a) All the obligations and preferred stock, if any, of such institution are eligible as investments under NRS 616.4971 to 616.4984, inclusive; and
(b) Such] such institution has paid cash dividends for a period of 5 fiscal years next preceding the date of acquisition.
2. The commission shall not invest more than 1 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate of its investments under this section at cost exceed [10] 20 percent of its assets.
________
Assembly Bill No. 446Messrs. Getto, Howard, Jacobsen, Glover, Hickey and Hafen
CHAPTER 337
AN ACT relating to merchants; providing for a bonding schedule for livestock and produce dealers consistent with the federal requirements.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall do one of the following:
κ1973 Statutes of Nevada, Page 415 (CHAPTER 337, AB 446)κ
(a) File a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products, and shall provide that the surety company will notify the department before the end of the second business day after any claim or judgment has been made against the bond. The aggregate liability of the surety to all claimants shall, in no event, exceed the amount of the bond for each and every licensing period.
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204).
(c) Furnish other security in the amount required by this section which is acceptable to the department.
2. In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of such bond, other security or deposit shall be: [$5,000.]
(a) Based on the applicants annual volume of purchases, according to a schedule which the department shall adopt.
(b) Not be less than $5,000 nor more than $100,000.
4. All bonds shall be renewed or continued in accordance with rules and regulations promulgated by the department.
5. Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection 4 of NRS 576.030 shall be served by delivering to and leaving with the executive director duplicate copies of such process and the payment of a fee of $2, and the service upon such attorney shall be deemed service upon such dealer, broker or commission merchant. The executive director shall forthwith forward one copy of such process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of such service.
κ1973 Statutes of Nevada, Page 416 (CHAPTER 337, AB 446)κ
commission merchant, giving the day and hour of such service. The defendants return receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear shall be deemed to be extended 10 days. The foregoing provisions of this subsection with reference to the service of process shall not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.
6. Any producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.
7. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.
8. If the department receives notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the department shall issue an order to the licensee to show cause why his license should not be revoked. The notice shall be in writing and set forth a time and place for a hearing on the matter to be held before the director of the department.
9. If a license is revoked pursuant to subsection 8 the department shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the licensees license has been revoked.
________
Assembly Bill No. 681Messrs. Huff, Lowman and Ullom
CHAPTER 338
AN ACT relating to justices of the peace; clarifying the manner of their removal from office; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 283.300 is hereby amended to read as follows:
283.300 An accusation in writing against any district, county, township or municipal officer, including a justice of the peace, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.
κ1973 Statutes of Nevada, Page 417 (CHAPTER 338, AB 681)κ
corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.
Sec. 2. NRS 283.440 is hereby amended to read as follows:
283.440 1. Any person now holding or who shall hereafter hold any office in this state, including without limitation a justice of the peace, who shall refuse or neglect to perform any official act in the manner and form prescribed by law, or who shall be guilty of any malpractice or malfeasance in office, may be removed therefrom as hereinafter prescribed in this section.
2. Whenever a complaint in writing, duly verified by the oath of any complainant, shall be presented to the district court alleging that any officer within the jurisdiction of the court:
(a) Has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office; or
(b) Has refused or neglected to perform the official duties pertaining to his office as prescribed by law; or
(c) Has been guilty of any malpractice or malfeasance in office,
the court shall cite the party charged to appear before it on a certain day, not more than 10 days or less than 5 days from the day when the complaint was presented. On that day, or some subsequent day not more than 20 days from that on which the complaint was presented, the court, in a summary manner, shall proceed to hear the complaint and evidence offered by the party complained of. If, on the hearing, it shall appear that the charge or charges of the complaint are sustained, the court shall enter a decree that the party complained of shall be deprived of his office.
3. The clerk of the court in which the proceedings are had, shall, within 3 days thereafter, transmit to the governor or the board of county commissioners of the proper county, as the case may be, a copy of any decree or judgment declaring any officer deprived of any office under this section. The governor or the board of county commissioners, as the case may be, shall appoint some person to fill the office until a successor shall be elected or appointed and qualified. The person so appointed shall give such bond as security as is prescribed by law and pertaining to the office.
4. If the judgment of the district court shall be against the officer complained of and an appeal is taken from the judgment so rendered, the officer so appealing shall not hold the office during the pendency of the appeal, but the office shall be filled as in case of a vacancy.
________
κ1973 Statutes of Nevada, Page 418κ
Assembly Bill No. 617Messrs. Glover, Jacobsen, Dini, Getto, Mrs. Brookman, Mr. May, Mesdames Gojack and Ford
CHAPTER 339
AN ACT making an appropriation from the general fund in the state treasury to the division of buildings and grounds of the department of administration for the purpose of repairing certain boilers in the Nye building and the Blasdel building at Carson City; and providing other matters properly relating thereto.
[Approved April 15, 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 $20,000 to the division of buildings and grounds of the department of administration for the purpose of repairing two boilers in the Nye building and two boilers in the Blasdel building located at Carson City.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 546Messrs. Bennett and Vergiels
CHAPTER 340
AN ACT relating to rehabilitation of the blind; designating the department of health, welfare and rehabilitation as the sole agency responsible therefor; and providing other matters properly relating thereto.
[Approved April 15, 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 department of health, welfare and rehabilitation shall be the sole agency responsible for the rehabilitation of the blind.
Sec. 2. NRS 426.550 is hereby amended to read as follows:
426.550 1. [The division shall be the sole agency in the state responsible for the rehabilitation of the blind.
2.] The division shall be headed by a supervisor who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of supervisor of the division.
[3.] 2. The supervisor of the division shall be directly responsible to the director of the department of health, welfare and rehabilitation.
[4.] 3. The division shall:
(a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
(b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.
κ1973 Statutes of Nevada, Page 419 (CHAPTER 340, AB 546)κ
findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.
Sec. 3. NRS 426.555 is hereby amended to read as follows:
426.555 [The] Subject to the approval of the director of the department of health, welfare and rehabilitation, the supervisor of the division or his designated representative shall:
1. Prepare a state plan for the vocational rehabilitation of the blind. The state plan shall be kept up to date and subject to approval of the Federal Government.
2. Prepare reports for the Federal Government pursuant to the Vocational Rehabilitation Act Amendments of 1965 (Title 29 U.S.C., as amended), any future amendments thereof and the regulations promulgated thereunder.
________
Assembly Bill No. 536Messrs. Torvinen, Hayes, Fry and Barengo
CHAPTER 341
AN ACT relating to probate and guardianship proceedings; reducing the number of appraisers required for appraisal of estates of deceased persons and wards; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 144.020 is hereby amended to read as follows:
144.020 1. For the purpose of making the appraisement, the court or judge shall appoint [three disinterested persons,] a disinterested qualified appraiser, who [shall be] is entitled to a reasonable compensation for [their] his services, to be allowed by the court.
2. The compensation as allowed shall be in the form of a bill of items for [their] his services, including all necessary disbursements, which shall be sworn to by [them,] him, and filed at the same time as the inventory.
3. The compensation of the [appraisers] appraiser shall be fixed by the court and may be paid out of the estate at any time.
4. When unusual or special appraisal problems exist, the court may appoint additional qualified appraisers on motion of the executor or administrator. Such additional appraisers shall be compensated as provided in subsections 1, 2 and 3.
Sec. 2. NRS 144.030 is hereby amended to read as follows:
144.030 1. Before proceeding to the execution of [their] his duty, [the appraisers] each appraiser shall take and subscribe an oath, before any officer authorized to administer oaths, that [they] he will truly, honestly and impartially appraise the property which [shall be] is exhibited to [them] him or called to [their] his attention according to the best of [their] his knowledge and ability. The oath shall be attached to the inventory.
κ1973 Statutes of Nevada, Page 420 (CHAPTER 341, AB 536)κ
2. [They] He shall then proceed to appraise the property of the estate. Each article or parcel shall be set down separately with the value thereof in dollars and cents in figures opposite to each article or parcel, respectively.
Sec. 3. NRS 144.040 is hereby amended to read as follows:
144.040 1. The inventory shall include all the estate of the deceased, wherever situated; but where any estate consists of money, deposits in banks, bonds, policies of life insurance or securities for money or evidence of indebtedness, when the same is equal in value to money, the court or judge shall not appoint [appraisers,] an appraiser, but shall record the value of the same by an appropriate order.
2. The inventory shall contain:
(a) All the estate of the deceased, real and personal.
(b) A statement of all debts, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money, belonging to the deceased, specifying the name of the debtor in each security, the date, the sum originally payable, the endorsements thereon, if any, with their dates, and the sum which, in the judgment of the [appraisers,] appraiser, may be collectible on each debt, interest or security.
3. The inventory shall also show:
(a) So far as can be ascertained, what portion of the estate is community property and what portion is the separate property of the deceased.
(b) An account of all moneys belonging to the deceased which [shall have] has come to the hands of the executor or administrator.
Sec. 4. NRS 144.070 is hereby amended to read as follows:
144.070 The inventory shall be signed by the appraiser or appraisers, and the executor or administrator shall take and subscribe an oath, before any officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the deceased which has come to his possession or of which he has knowledge, and particularly of all moneys belonging to the deceased, and of all just claims of the deceased against the executor or administrator. The oath shall be endorsed upon or annexed to the inventory.
Sec. 5. NRS 144.090 is hereby amended to read as follows:
144.090 1. Whenever any property, not mentioned in any inventory that [shall have] has been made, [shall come] comes to the possession or knowledge of the executor or administrator, he shall return a supplementary inventory of such property within 20 days after the discovery thereof, in the same manner as an original inventory.
2. If the first [appraisers are] appraiser is not in the county [others] another may be appointed.
3. The court may enforce the making of a supplementary inventory as an original.
________
κ1973 Statutes of Nevada, Page 421κ
Assembly Bill No. 465Committee on Environment and Public Resources
CHAPTER 342
AN ACT relating to fish and game licenses; providing for a taxidermist license; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A taxidermist license is required before any person may perform taxidermal services for others on any wildlife or their parts, nests or eggs.
2. Annual licenses for the term of 1 year from July 1 to June 30 shall be issued by the department for the following fees:
Commercial taxidermist fee......................................................................... $25.00
Noncommercial taxidermist fee.................................................................. 5.00
3. The commission may establish regulations covering receipt, possession, transportation, identification and sale of wildlife to be or which has been processed by a taxidermist.
4. The provisions of this section shall not apply to institutions of learning of this state or of the United States, or to research activities conducted exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.
________
Assembly Bill No. 660Committee on Government Affairs
CHAPTER 343
AN ACT relating to the municipal courts of the cities of Reno and Las Vegas; providing amended qualifications for the judges thereof; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4.020 of Article IV of the charter of the City of Las Vegas, effective July 1, 1973, being chapter 515, Statutes of Nevada 1971, at page 1076, is hereby amended to read as follows:
Section 4.020 Municipal court: Qualifications of municipal judges; salary.
1. Each department of the municipal court shall be presided over by a municipal judge, who shall be:
(a) [Not less than] Over 25 years of age.
(b) [A citizen of the United States.] An attorney licensed to practice law in the State of Nevada or a previously elected and presently incumbent judge of the court.
κ1973 Statutes of Nevada, Page 422 (CHAPTER 343, AB 660)κ
(c) A registered voter [for a continuous 2-year period immediately preceding the year in which he is elected.] of the city.
2. The salary of the municipal judges shall be fixed by the board of commissioners.
Sec. 2. Section 4.020 of Article IV of the charter of the City of Reno, effective July 1, 1973, being chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:
Section 4.020 Municipal court: Qualifications of municipal judge; salary.
1. The municipal court shall be presided over by a municipal judge, who shall be:
(a) [Not less than] Over 25 years of age.
(b) [A citizen of the United States.] An attorney licensed to practice law in the State of Nevada.
(c) [A resident of the city for a continuous 1-year period immediately preceding his election.
(d) A registered voter for a continuous 1-year period immediately preceding his election.
(e) An owner of real property in the city for a 1-year period immediately preceding his election.
(f) An attorney licensed to practice law in this state.] A registered voter of the city.
2. The municipal judge shall not engage in the private practice of law.
3. The salary of the municipal judge shall be fixed by resolution of the city council.
________
Senate Bill No. 347Committee on Judiciary
CHAPTER 344
AN ACT relating to law libraries; placing the state law library under the control of the state supreme court; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 2 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The supreme court law library shall be under the supervision and control of the supreme court, which may make and enforce such rules and regulations as may be necessary for the government, use and services of the library. Such rules or regulations shall assure that the library is accessible for public use and to users in all parts of the state.
Sec. 3. 1. The supreme court may appoint a librarian, who shall serve at the pleasure of the supreme court.
2. The supreme court law librarian, with the approval of the supreme court, may employ such personnel as the execution of his duties and the maintenance and operation of the library may require.
κ1973 Statutes of Nevada, Page 423 (CHAPTER 344, SB 347)κ
3. All of the personnel of the supreme court law library are exempt from the provisions of chapter 284 of NRS, and are entitled to such leaves of absence as the supreme court prescribes.
Sec. 4. The supreme court law librarian shall:
1. Be a graduate of a library school accredited by the American Library Association;
2. Have at least 2 years of library experience in an administrative capacity; and
3. Have at least one year of training in a law school or 2 years of experience as an employee in a law library.
Sec. 5. 1. Funds for operation and maintenance of the supreme court law library shall be provided by legislative appropriation from the general fund in the state treasury as a budgeted part of the appropriation for the support of the supreme court, and shall be paid out on claims as other claims against the state are paid.
2. All unappropriated funds received by the supreme court law library shall be deposited in the supreme court law library fund, which is hereby created in the state treasury, and shall be used for law library purposes.
Sec. 6. The supreme court law librarian may purchase and exchange the Nevada Reports, Nevada Revised Statutes and supplements or any other compilation or code of Nevada laws, or any other book or periodical with other law libraries in the United States in return for their legal compilations, books or periodicals when, in the judgment of the supreme court law librarian, such exchange is in the best interests of the supreme court law library.
Sec. 7. The supreme court law librarian shall submit a biennial report to the justices of the supreme court concerning the condition, operation and functioning of the law library.
Sec. 8. The justices of the supreme court may designate the hours that the supreme court law library shall be open for the use of the public.
Sec. 9. 1. The supreme court law librarian may accept and administer any gift or bequest to the supreme court law library.
2. Any funds received by the supreme court law librarian through gift or bequest to the supreme court law library shall be deposited in the state treasury in a fund to be known as the supreme court law library gift fund. Such fund shall be a continuing fund without reversion, and money in the fund shall be used for supreme court law library purposes only and expended in accordance with the terms of the gift or bequest.
Sec. 10. The supreme court law librarian may accept and direct the disbursement of any funds appropriated by any Act of Congress and apportioned to the state for supreme court law library purposes. Such federal funds shall be deposited in the state treasury in a fund to be known as the supreme court law library federal fund.
Sec. 11. 1. The supreme court law librarian may collect a charge from any person who requests any photostatic copy or photocopy print of any paper or document from the supreme court law library. The amount of such charge shall be set by the supreme court law librarian but shall not exceed the cost of the photographic copying process for any specific paper or document.
2. The money collected from such fees shall be deposited in the state treasurers office and credited to the account of the supreme court law library.
κ1973 Statutes of Nevada, Page 424 (CHAPTER 344, SB 347)κ
treasurers office and credited to the account of the supreme court law library. The receipts may be expended by the supreme court law library pursuant to the provisions of law authorizing budgeted expenditures of moneys not appropriated from the general fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.
Sec. 12. NRS 2.345 is hereby amended to read as follows:
2.345 The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:
1. Each of the judges of the District Court of the United States, one copy.
2. The [Nevada state] supreme court law library, two copies.
3. Each state officer, district judge, district attorney, county clerk and justice of the peace in this state, one copy.
4. Each public library in this state, one copy.
5. Each newspaper published in this state, and each commercial television and radio station transmitting in this state, one copy upon their annual request therefor.
Sec. 13. NRS 244.118 is hereby amended to read as follows:
244.118 Two copies of the county code shall be filed with the librarian of the [Nevada state] supreme court law library after such code becomes effective.
Sec. 14. NRS 244.119 is hereby amended to read as follows:
244.119 The county code may, by ordinance regularly passed, adopted and published, be amended or extended. All general ordinances passed after the adoption of a county code shall be amendments or extensions thereof. No section of the code shall be amended by reference only, but the section, as amended, shall be reenacted and published at length. Three copies of any amendment or extension shall be filed with the county clerk and two copies of any amendment or extension shall be filed with the librarian of the [Nevada state] supreme court law library.
Sec. 15. NRS 266.160 is hereby amended to read as follows:
266.160 1. The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein a copy of this chapter and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of .................
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 16. NRS 268.014 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 425 (CHAPTER 344, SB 347)κ
268.014 1. The city council or other governing body of an incorporated city shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council or other governing body, have incorporated therein a copy of this chapter and such additional data as the council or other governing body may prescribe. When such a publication is published, two copies shall be filed with the librarian of the [Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of ....................
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 17. NRS 269.168 is hereby amended to read as follows:
269.168 Two copies of the town code shall be filed with the librarian of the [Nevada state] supreme court law library after such code becomes effective.
Sec. 18. NRS 345.010 is hereby amended to read as follows:
345.010 Upon publication of the Statutes of Nevada, the secretary of state shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the [Nevada state] supreme court law library, two copies.
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, county officer and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 19. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the department of state printing, as provided in NRS 2.380, the secretary of state shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the [Nevada state] supreme court law library, two copies.
3. To each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
Sec. 20. NRS 345.023 is hereby amended to read as follows:
345.023 The secretary of state shall distribute such additional copies of the Statutes of Nevada and of Nevada Reports to the [Nevada state] supreme court law library as in his opinion may secure an interchange of appropriate works for such library.
κ1973 Statutes of Nevada, Page 426 (CHAPTER 344, SB 347)κ
of the Statutes of Nevada and of Nevada Reports to the [Nevada state] supreme court law library as in his opinion may secure an interchange of appropriate works for such library. [, including newspapers published in the State of Nevada.]
Sec. 21. NRS 378.080 is hereby amended to read as follows:
378.080 The state librarian is responsible for the Nevada state library and the statewide program of development and coordination of library and information services. His powers and duties shall be:
1. To administer the state library in accordance with law and good library practice.
2. [To purchase and exchange the Nevada Revised Statutes and supplements, or any other compilation or code of Nevada laws which may be thereafter published, with each of the state libraries of the United States in return for their legal compilations.
3.] To withdraw from the library collection and dispose of any items no longer needed.
[4.] 3. To maintain the state library, including the selecting, acquiring, circulating and holding custody of books, periodicals, pamphlets, films, recordings, papers and other materials and equipment.
[5.] 4. To maintain a comprehensive collection and reference service to meet reference needs of public officers, departments or agencies of the state, and other libraries and related agencies.
[6.] 5. To make and enforce rules and regulations necessary for the administration, government and protection of the state library and all property belonging thereto.
[7.] 6. To issue official lists of publications of the state and other bibliographical and informational publications as appropriate.
[8.] 7. To borrow from, lend to, and exchange books and other library and information materials with other libraries and related agencies.
[9.] 8. To collect, compile and publish statistics and information concerning the operation of libraries in the state.
[10.] 9. To carry out continuing studies and analyses of library problems.
[11.] 10. To maintain a clearinghouse of information, data and other materials in the field of library and information services.
[12.] 11. To provide advice and technical assistance to public libraries, other libraries, agencies of the state, political subdivisions, planning groups and other agencies and organizations.
[13.] 12. To assist and cooperate with other state agencies and officials, local governments, federal agencies and organizations in carrying out programs involving library and information services.
[14.] 13. To encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library and information service problems.
[15.] 14. To contract with the Nevada center for cooperative library services, and other agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside the state, for library services, facilities, research or any other related purpose.
[16.] 15. To accept, administer and distribute, in accordance with the terms thereof, any moneys, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.
κ1973 Statutes of Nevada, Page 427 (CHAPTER 344, SB 347)κ
the terms thereof, any moneys, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.
[17.] 16. To administer such funds as may be made available by the legislature for improvement of public library services, inter-library cooperation or for other library and information-transfer services.
[18.] 17. To develop adequate standards for services, resources, personnel and programs that will serve as a source of information and inspiration to persons of all ages, including handicapped persons and disadvantaged persons, and that will encourage continuing education beyond the years of formal education.
[19.] 18. Subject to the approval of local governing bodies, to designate certain libraries as resource center libraries and develop and encourage cooperative steps to link these centers with other libraries in a reference and information net work.
Sec. 22. NRS 380.180 is hereby amended to read as follows:
380.180 The [state librarian is authorized and directed to] supreme court law librarian shall distribute among the law libraries in this state established pursuant to the provisions of this chapter such duplicates of books as may be in the [state] supreme court law library and not needed for the purposes of [the state] that library.
Sec. 23. Section 2.110 of Article II of the charter of the city of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 669, Statutes of Nevada 1971, at page 2050, is hereby amended to read as follows:
Section 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Caliente.
4. The codification may be amended or extended by ordinance.
Sec. 24. Section 2.120 of Article II of the charter of the city of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2050, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board of councilmen may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe.
κ1973 Statutes of Nevada, Page 428 (CHAPTER 344, SB 347)κ
may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Carlin.
4. The codification may be amended or extended by ordinance.
Sec. 25. Section 2.120 of Article II of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 402, Statutes of Nevada 1971, at page 814, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board, have incorporated therein a copy of this charter and such additional data as the board may prescribe. When such a code is published, two copies shall be filed with the librarian of the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance, which shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of Carson City.
4. The codification may be amended or extended by ordinance.
Sec. 26. Section 2.120 of Article II of the charter of the city of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2051, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board of supervisors may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of supervisors, have incorporated therein a copy of this charter and such additional data as the board of supervisors may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Elko.
4. The codification may be amended or extended by ordinance.
κ1973 Statutes of Nevada, Page 429 (CHAPTER 344, SB 347)κ
Sec. 27. Section 2.120 of Article II of the charter of the city of Gabbs, being chapter 265, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2052, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board of councilmen may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of Gabbs.
4. The codification may be amended or extended by ordinance.
Sec. 28. Section 2.120 of Article II of the charter of the city of Las Vegas, being chapter 515, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2053, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board of commissioners may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of commissioners, have incorporated therein a copy of this charter and such additional data as the board of commissioners may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and may include amendments and additions to existing ordinances and new matters unrelated thereto; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Las Vegas.
4. The codification may be amended or extended by ordinance.
Sec. 29. Section 2.110 of Article II of the charter of the city of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2054, is hereby amended to read as follows:
Section 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library. Two copies shall also be filed with the city clerk and with the librarian of the North Las Vegas municipal library.
κ1973 Statutes of Nevada, Page 430 (CHAPTER 344, SB 347)κ
with the city clerk and with the librarian of the North Las Vegas municipal library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.
4. The codification may be amended or extended by ordinance.
Sec. 30. Section 2.120 of Article II of the charter of the city of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2055, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Reno.
4. The codification may be amended or extended by ordinance.
Sec. 31. Section 2.120 of Article II of the charter of the city of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2056, is hereby amended to read as follows:
Section 2.120 Codification of ordinances; publication of code.
1. The board of councilmen may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Wells.
4. The codification may be amended or extended by ordinance.
κ1973 Statutes of Nevada, Page 431 (CHAPTER 344, SB 347)κ
Sec. 32. Section 2.110 of Article II of the charter of the city of Yerington, being chapter 465, Statutes of Nevada 1971, as amended by chapter 669, Statutes of Nevada 1971, at page 2056, is hereby amended to read as follows:
Section 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the [Nevada state] supreme court law library.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Yerington.
4. The codification may be amended or extended by ordinance.
________
Assembly Bill No. 151Messrs. Hickey, May and Hayes
CHAPTER 345
AN ACT relating to estate administration; increasing the maximum value of estates which may be set aside without administration; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 145.040 is hereby amended to read as follows:
145.040 When it shall be made to appear to the court or judge, by affidavit or otherwise, that the gross value of the whole estate does not exceed [$5,000,] $8,000, the court or judge may, if deemed advisable, make an order for a summary administration of the estate.
Sec. 2. NRS 145.100 is hereby amended to read as follows:
145.100 Estates not exceeding [$1,000 and $3,000] $5,000 may be assigned and set apart without administration as provided in NRS 146.070.
Sec. 3. NRS 146.070 is hereby amended to read as follows:
146.070 1. When a person shall die leaving an estate, the gross value of which does not exceed [$3,000,] $5,000, and there be a surviving husband or wife, or minor child or children, the estate shall not be administered upon, but the whole thereof, after directing such payments as may be deemed just, shall be, by an order for that purpose, assigned and set apart for the support of the surviving husband or wife or minor children of the deceased, or for the support of the minor child or children, if there be no surviving husband or wife.
κ1973 Statutes of Nevada, Page 432 (CHAPTER 345, AB 151)κ
children of the deceased, or for the support of the minor child or children, if there be no surviving husband or wife. The whole of the estate, even though there be a surviving husband or wife, may, in the discretion of the court, after directing the deductions aforesaid, be set aside to the minor child or children of the deceased, according to the subserviency of the best interest of the minor child or children.
2. When a person shall die leaving no surviving spouse or minor child, and an estate, the gross value of which does not exceed [$1,000,] $5,000, upon good cause shown therefor, the judge may order that the estate shall not be administered upon, but the whole thereof shall be by the judge, by an order for that purpose, assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, and creditors, if there be any; and
Second: Any balance remaining to the claimant or claimants entitled thereto.
3. All proceedings taken under this section, whether or not the decedent left a will, shall be originated by a verified petition containing:
(a) A specific description of all of the decedents property.
(b) A list of all the liens, encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petition.
The petition may include a prayer that if the court finds the total value of the estate does not exceed [, as the case may be,] the sum of [$3,000 or $1,000,] $5,000, the same be set aside as provided in this section.
4. Notice of the petition shall be given by posting a notice upon the bulletin board of the county courthouse of the county in which the petition is filed for at least 10 days before the date set for the hearing of the petition. If such be the fact, the notice shall include a statement that a prayer for setting aside the estate to the husband, or wife, or minor child or children, as the case may be, is included in the petition.
5. No court or clerks fees shall be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $1,000 in value.
6. If the court finds that the total value of the estate does not exceed [, as the case may be,] the sum of [$3,000 or $1,000,] $5,000, the district court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to such guardian, with or without bond as in the discretion of the court seems to the best interests of the minor. The court may in its discretion direct the manner in which such money shall be used for the benefit of the minor.
Sec. 4. NRS 159.197 is hereby amended to read as follows:
159.197 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the wards property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased wards property in the same manner as authorized by NRS 146.070 or 146.080, if the value of the property remaining in the hands of the guardian does not exceed the sum of [$1,000 or $3,000, as the case may be.]
κ1973 Statutes of Nevada, Page 433 (CHAPTER 345, AB 151)κ
deceased wards property in the same manner as authorized by NRS 146.070 or 146.080, if the value of the property remaining in the hands of the guardian does not exceed the sum of [$1,000 or $3,000, as the case may be.] $5,000.
________
Assembly Bill No. 127Messrs. Getto, Howard, Wittenberg, Dini, Jacobsen, Young, Capurro and Broadbent
CHAPTER 346
AN ACT extending immunity from tort liability for emergency care to personnel of certain emergency services; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.500 is hereby amended to read as follows:
41.500 1. Any person in this state, who renders emergency care or assistance at the scene of an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care [,] or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
2. Any person in this state who acts as an ambulance driver or attendant on an ambulance operated by a volunteer ambulance service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctors office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such ambulance driver or attendant in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
3. Any duly appointed member of a volunteer ambulance service or a duly appointed volunteer member of an ambulance service operated by a political subdivision of this state, other than an ambulance driver or attendant, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such member whenever he is performing his duties in good faith as a member of such volunteer ambulance service or ambulance service operated by a political subdivision.
4. Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting such injured or ill person to or from any health facility, clinic, doctors office or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
κ1973 Statutes of Nevada, Page 434 (CHAPTER 346, AB 127)κ
or other medical facility, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 476Committee on Finance
CHAPTER 347
AN ACT to amend NRS 284.173, relating to independent contractors; by eliminating the requirement that their contracts be filed with the legislative commission.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Such expenses shall not be paid under the provisions of NRS 281.160.
(b) There shall be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave.
4. An independent contractor is not in the classified or unclassified service of the state, and shall have none of the rights or privileges available to officers or employees of the State of Nevada.
5. Each contract for the services of an independent contractor shall be in writing. The form of the contract shall be first approved by the attorney general, and, except as provided in subsection 6, an executed copy of each contract shall be filed with [the legislative commission and] the clerk of the state board of examiners.
κ1973 Statutes of Nevada, Page 435 (CHAPTER 347, SB 476)κ
6. Copies of the following types of contracts need not be filed as provided in subsection 5:
(a) Contracts executed by the department of highways for any work of construction or reconstruction of highways.
(b) Contracts executed by the state planning board or any other state department or agency for any work of construction or major repairs of state buildings.
(c) Contracts executed with companies, corporations or groups of individuals for any work of maintenance or repair of office machines and equipment.
________
Senate Bill No. 449Senator Raggio
CHAPTER 348
AN ACT relating to the jurisdiction of juvenile courts; providing that the district court may transfer jurisdiction of a person 18 to 21 years of age to the juvenile court if such person has been charged with a crime punishable as a gross misdemeanor.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.060 is hereby amended to read as follows:
62.060 1. Whenever any person over the age of 18 years and under the age of 21 years is accused of a felony or a gross misdemeanor and the indictment or information has been filed in the district court of the county wherein the crime was committed, charging that person with the commission of a felony [,] or a gross misdemeanor, the judge may, at his discretion and with consent of the accused, or upon his request, arrest the proceeding at the time of the arraignment or at any time previous to the impanelment of the jury, except where the crime charged is a capital offense or an attempt to commit a capital offense. The judge may proceed to investigate the charge against the defendant and may order the probation officer to investigate all facts and circumstances necessary to assist the judge in determining the proper disposition to be made of the person. The judge shall thereupon determine whether the person shall be dealt with under the provisions of this chapter.
2. If the judge is satisfied upon such an investigation that the person should be dealt with under this chapter, he may make such order as herein provided for the disposition of a child under the age of 18 years.
3. If no request is made by the defendant for proceeding under this chapter, or if the defendant desires a trial by jury, or if the judge declines to consent to the application of the defendant for proceeding under this chapter, the case shall proceed in the ordinary manner.
________
κ1973 Statutes of Nevada, Page 436κ
Assembly Bill No. 487Messrs. Barengo, Hayes and Mrs. Gojack
CHAPTER 349
AN ACT relating to post-conviction relief; limiting its availability and scope; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 177.315 is hereby amended to read as follows:
177.315 1. Any person convicted of a crime and under sentence of death or imprisonment in the state prison who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the constitution [or laws] of this state [, or that the court was without jurisdiction to impose the sentence, or that the sentence exceeds the maximum authorized by law, or that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy,] may, without paying a filing fee, apply for post-conviction relief from the conviction or sentence.
2. The remedy herein provided is not a substitute for nor does it affect any remedies which are incident to the proceedings in the trial court, [or any] the remedy of direct review of the sentence or conviction [.] or the writ of habeas corpus, except that if a writ of habeas corpus is used to attack a conviction or sentence, such remedy is not available. It comprehends and takes the place of all other common law, statutory or other remedies [, except the writ of habeas corpus,] which have heretofore been available for challenging the validity of the conviction or sentence, and shall be used exclusively in place of them. [A petition for post-conviction relief may be filed at any time.]
3. Unless there is good cause shown for delay, a proceeding under NRS 177.315 to 177.385, inclusive, and section 8 of this act shall be filed within 1 year following entry of judgment of conviction or, if an appeal has been taken from such judgment, within 1 year from the final decision upon or pursuant to the appeal.
Sec. 2. NRS 177.325 is hereby amended to read as follows:
177.325 [Unless otherwise ordered by the supreme court or a justice thereof, the] The proceeding is commenced by filing a petition verified by the petitioner with the clerk of the court in which the conviction took place. [Facts within the personal knowledge of the petitioner and the authenticity of all documents and exhibits included in or attached to the petition must be sworn to affirmatively as true and correct. The supreme court may by rule prescribe the form of the petition and verification.] The clerk shall docket the petition upon its receipt and promptly bring it to the attention of the court and deliver a copy to the district attorney. [and to the attorney general.]
Sec. 3. NRS 177.335 is hereby amended to read as follows:
177.335 The petition shall identify the proceedings in which the petitioner was convicted, give the date of the entry of the final judgment [and sentence] complained of [, specifically set forth the grounds upon which the petition is based and clearly state the relief desired.
κ1973 Statutes of Nevada, Page 437 (CHAPTER 349, AB 487)κ
which the petition is based and clearly state the relief desired. All facts within the personal knowledge of the petitioner shall be set forth separately from other allegations of facts and shall be verified as provided in NRS 177.325.] and clearly set forth the respects in which the petitioners constitutional rights were violated. Affidavits, records or other evidence supporting its allegations shall be attached to the petition unless the petition recites why they are not attached. The petition shall identify any previous state or federal court proceedings [, together with the grounds therein asserted,] taken by the petitioner to secure relief from his conviction or sentence. [No such ground upon which a decision has been rendered in any such proceeding may be asserted in a proceeding for post-conviction relief.] Argument, citations and discussion of authorities are unnecessary.
Sec. 4. 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 [.] within 10 days of the filing of the petition.
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.
[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. 5. NRS 177.355 is hereby amended to read as follows:
177.355 [Within 30 days after the docketing of the petition, or within any further time the court may fix, the state shall respond by motion or answer. No further pleadings shall be filed except as the court orders. At any time prior to entry of judgment the court may grant leave to withdraw the petition. The court may make appropriate orders for amendment of the petition or any pleading, for pleading over, for filing further pleadings, or for extending the time of the filing of any pleading.
κ1973 Statutes of Nevada, Page 438 (CHAPTER 349, AB 487)κ
for amendment of the petition or any pleading, for pleading over, for filing further pleadings, or for extending the time of the filing of any pleading. In considering the petition or an amendment the court shall take account of substance regardless of defects of form.]
1. Within 50 days after the filing of the petition the petitioners attorney, if any, may file a supplemental petition on behalf of the petitioner and shall notify the state whether such petition is filed or not.
2. Within 40 days after such notification, if applicable, or within 90 days after the filing of the petition, the state shall respond by answer or motion to dismiss.
3. No further pleadings may be filed except as the court orders.
Sec. 6. NRS 177.365 is hereby amended to read as follows:
177.365 1. The petition shall be heard in, and, if reasonably available, before [any] the same judge of, the court in which the conviction took place. A record of the proceedings shall be made and kept. [All existing rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties.] The court may receive proof by affidavits, depositions, oral testimony [,] or other evidence and, if the petition presents a constitutional question of law, may order the petitioner brought before it for the hearing. If the petition presents a constitutional question of fact, the court shall order the petitioner brought before it for the hearing.
2. [If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment for purposes of review.] Following a hearing on the petition, the court shall make specific findings of fact, expressly state its conclusions of law and set forth its judgment.
3. If the court finds for the state on a motion to dismiss, a hearing is not necessary, and a short order form of judgment is sufficient.
Sec. 7. NRS 177.375 is hereby amended to read as follows:
177.375 [All grounds for post-conviction relief available to a petitioner must be raised in his original, supplemental or amended petition. Any ground not so raised or finally adjudicated or knowingly and understandingly waived in the proceedings resulting in the conviction or sentence or in any other proceeding that the petitioner has taken to secure relief from his conviction or sentence may not be the basis for a subsequent petition, unless the court finds a ground for relief asserted which for reasonable cause was omitted or inadequately raised in the original, supplemental or amended petition.]
1. If the petitioners conviction was upon a plea of guilty, all claims for post-conviction relief are waived except the claim that the plea was involuntarily entered.
2. If the petitioners conviction was the result of a trial, all claims for post-conviction relief are waived which were or could have been:
(a) Presented to the trial court;
(b) Raised in a prior petition for post-conviction relief; or raised in any other proceeding that the petitioner has taken to secure relief from his conviction or sentence,
κ1973 Statutes of Nevada, Page 439 (CHAPTER 349, AB 487)κ
any other proceeding that the petitioner has taken to secure relief from his conviction or sentence,
unless the court finds good cause shown for the failure to present such claims.
Sec. 8. Chapter 177 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The jurisdiction of the district court in post-conviction relief hearings to find in favor of a petitioner is limited to those cases in which the court finds that there has been a specific denial of the petitioners constitutional rights with respect to his conviction or sentence.
Sec. 9. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 442Messrs. Demers, Ullom, Huff, Robinson, Glover, Torvinen, Howard, Jacobsen and Hayes
CHAPTER 350
AN ACT relating to disposal of court exhibits and depositions; reducing the time such exhibits and depositions must be retained by the clerk of the district court prior to disposal.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.305 is hereby amended to read as follows:
3.305 [1. The district courts in the several judicial districts of this state are hereby authorized to order the clerks of their respective courts to destroy or dispose of any exhibits which have been in his custody for at least 6 years after a judgment has become final and the time for taking an appeal has expired.
2. The] When a district court orders the disposal of an exhibit, the clerk shall serve written notice upon the last attorney or attorneys of record, representing the parties to the action wherein the exhibit was admitted into evidence, to withdraw such exhibit, and upon the failure to make such withdrawal within 30 days after the service of notice, the clerk shall petition the court for an order requesting:
[(a)] 1. Destruction of the exhibit if such exhibit is found by the court to be of no value; or
[(b)] 2. Delivery of an exhibit of value to the board of county commissioners as the property of the county.
Sec. 2. NRS 3.307 is hereby amended to read as follows:
3.307 [Notwithstanding any other provision of NRS, a] A district court, on its own motion, may order destroyed or otherwise disposed of any exhibit or deposition introduced in the trial of a civil action or proceeding or filed in such action or proceeding which:
1. If appeal has not been taken from the decision of the district court in such action or proceeding, remains in the custody of the district court or clerk of such court [5] 2 years after the time for appeal has expired.
κ1973 Statutes of Nevada, Page 440 (CHAPTER 350, AB 442)κ
2. If appeal has been taken, remains in the custody of the district court or clerk of such court [5] 2 years after final determination thereof, or which remains in the custody of the district court or clerk of such court for a period of [5] 2 years after:
(a) A motion for a new trial has been granted or a motion to set for trial has not been made within such [5 years; or] 2 years;
(b) The filing of the remittitur where the action or proceeding, after appeal, has been remanded to the trial court for a new trial and the same has not been brought to trial within [5] 2 years from the date of filing the remittitur; [or]
(c) The dismissal of such action or proceeding; or
(d) The introduction or filing thereof where there is no provision for the destruction or other disposition of such exhibit or deposition and where, in the discretion of the district court, the same should be destroyed or otherwise disposed of.
The order shall be filed with the pleadings of each case in which any such order is made.
________
Assembly Bill No. 432Committee on Government Affairs
CHAPTER 351
AN ACT relating to local government budgets; permitting the tax commission to exempt special districts with annual expenditures of less than $30,000 from compliance with the Local Government Budget Act; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All special districts subject to the provisions of the Local Government Budget Act with annual total expenditures of less than $30,000 may petition the Nevada tax commission for exemption from the requirements of the Local Government Budget Act for the filing of certain budget documents, quarterly reports and audit reports. Such districts may further petition to return to a cash method of accounting. The minimum required of such districts will be the filing with the tax commission of an annual budget on or before March 15 of each year. Such petitions must be received by the tax commission prior to December 31 to be effective for the succeeding fiscal year or, in a case of an annual audit exemption, to be effective for the current fiscal year. A board of county commissioners may request the tax commission to have an audit conducted of such an exempt district.
2. Such districts shall be exempt from all publication requirements of the Local Government Budget Act, except that the tax commission by regulation shall require an annual publication of a notice of budget adoption and filing.
κ1973 Statutes of Nevada, Page 441 (CHAPTER 351, AB 432)κ
regulation shall require an annual publication of a notice of budget adoption and filing. The tax commission shall adopt regulations necessary to promulgate this section pursuant to NRS 354.594.
________
Senate Bill No. 109Committee on Transportation
CHAPTER 352
AN ACT relating to vehicles; limiting their permissible height and relaxing certain limits upon their length and weight for operation on the public highways; providing a penalty; and providing other matters properly relating thereto.
[Approved April 15, 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. Except as otherwise provided in subsections 2, 3 and 4, a vehicle shall not be operated on any highway of this state if its height, including any load, exceeds 14 feet measured from the surface on which the vehicle stands.
2. The maximum permissible height of a load of baled hay is 15 feet.
3. The department of highways shall issue a continuing permit, upon application, to the operator of a vehicle whose height without load exceeds the limit imposed by subsection 1 if the vehicle was registered and in operation on the highway of this state on the effective date of this act. Any such permit shall provide only for the operation of the vehicle over those portions of the highways of this state over which it was customarily operated on the effective date of this act and until it is replaced by another vehicle.
4. It is unlawful to operate a vehicle governed by any of the provisions of subsection 1, 2 or 3 over any portion of a highway where the free clearance of any structure or encroachment is less than the actual height of the vehicle and load.
Sec. 2. NRS 484.739 is hereby amended to read as follows:
484.739 1. No bus or motortruck shall exceed a length of 40 feet.
2. Except as provided in [subsection 3,] subsections 3 and 6, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
3. The department of highways, by rule [and] or regulation, shall provide for the operation of vehicle combinations in excess of 70 feet in length, but in no event exceeding 105 feet. Such rules [and] or regulations shall establish standards for the operation of such vehicles, which standards shall be consistent with their safe operation upon the public highways and shall include, but not be limited to, the following:
(a) Types and number of vehicles to be permitted in combination;
κ1973 Statutes of Nevada, Page 442 (CHAPTER 352, SB 109)κ
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles shall not be permitted on highways where, in the opinion of the department of highways, their use would be inconsistent with the public safety due to narrow roadway, excessive grades, extreme curvature or vehicular congestion.
4. [Not later than the 3rd Monday of January 1969, the department of highways shall file with the legislature the standards promulgated under this section and shall make such recommendations as they deem appropriate to assist in making legislative determinations as to future operations under this section.] Vehicle combinations operated under the provisions of subsection 3 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of highways, carry vehicle loads not to exceed the values set forth in the following formula: W=500 (LN/(N-1) + 12N + 36), wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
The distance between axles shall be measured to the nearest foot. When a fraction is exactly one-half foot the next largest whole number shall be used. Such permits may be restricted in such manner as the department of highways deems necessary and may, at the option of the department of highways, be canceled without notice. No such permits may be issued for operation on any highway where such operation would prevent the state from receiving federal funds for highway purposes.
5. Upon approving an application for a permit to operate vehicle combinations under the provisions of subsection 4, the department of highways shall withhold issuance of the permit until such time as the applicant has furnished proof of compliance with the provisions of NRS 706.531.
6. The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, shall not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than ten feet, or a total of ten feet both to the front or the rear, and no combination of vehicles and load thereon shall exceed a total of 75 feet without having secured a permit pursuant to subsection 3 or to NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires is less than seven feet from the roadway.
(d) The drivers vision is not impaired by the projecting or supporting structure.
κ1973 Statutes of Nevada, Page 443 (CHAPTER 352, SB 109)κ
7. Lights and other warning devices which are required to be mounted on a vehicle under this chapter shall not be included in determining the length of a vehicle or combination of vehicles and the load thereon.
8. This section does not apply to vehicles used by a public utility for the transportation of poles.
Sec. 3. NRS 484.763 is hereby amended to read as follows:
484.763 1. Notwithstanding the provisions of subsection 3 of NRS 484.759, the total outside width of the load of any vehicle [shall not exceed] may extend to 100 inches when the load consists of beehives [.] or consists solely of plywood, particle board, gypsum board or similar types of wallboard, or any combination of such materials, stacked side by side.
2. This section shall not be operative whenever it is determined that the provisions of this section will prevent the State of Nevada from receiving any federal funds for highway purposes.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 87Committee on Transportation
CHAPTER 353
AN ACT permitting the department of motor vehicles to charge a fee for weighing vehicles; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.485 is hereby amended to read as follows:
482.485 1. The provisions of chapter 582 of NRS (Public Weighmasters) are hereby made applicable to this chapter.
2. All motor vehicles required to be weighed under the provisions of this chapter shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the director and the sealer of weights and measures, and according to the provisions of chapter 582 of NRS.
3. The department for registration purposes only shall be allowed to collect a fee, not to exceed $1, for each vehicle weighed by the department.
4. From time to time, upon request of the director, the sealer of weights and measures shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.
[4.] 5. Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the director as evidence of the weight of the motor vehicle for which a license is applied.
Sec. 2. NRS 582.090 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 444 (CHAPTER 353, SB 87)κ
582.090 1. The state sealer of weights and measures shall designate a reasonable fee to be charged by public weighmasters for weighing. Such fee shall be retained by the public weighmaster as compensation for his services.
2. The department of motor vehicles, under the provisions of chapters 482 and 706 of NRS, may collect a fee, not to exceed $1, for each vehicle weighed by the department.
Sec. 3. NRS 706.276 is hereby amended to read as follows:
706.276 1. The provisions of chapter 582 of NRS are hereby made applicable to this chapter.
2. All vehicles required to be weighed under the provisions of this chapter shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the department and the state sealer of weights and measures, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.
3. The department shall be allowed to collect a fee, not to exceed $1, for each vehicle weighed by the department.
4. The state sealer of weights and measures from time to time, upon request of the department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.
[4.] 5. Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the department as evidence of the weight of the vehicle for which a license is applied.
________
Assembly Bill No. 277Messrs. Crawford, Bennett, Ullom, Mesdames Gojack, Ford, Brookman and Mr. May
CHAPTER 354
AN ACT relating to the Nevada commission on equal rights of citizens; removing the provision that the secretary cannot pursue any business for profit.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233.050 is hereby amended to read as follows:
233.050 1. The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.
2. The commission shall meet at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.
3. Employees of the commission shall be in the unclassified service of the state and shall receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182.
[4. The secretary and assistant secretary of the commission shall each 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.]
κ1973 Statutes of Nevada, Page 445 (CHAPTER 354, AB 277)κ
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.]
________
Assembly Bill No. 266Messrs. Torvinen, Getto and Jacobsen
CHAPTER 355
AN ACT relating to crimes and punishments; making technical changes relating to crimes against slot machines and vending machines; increasing the penalty for certain crimes against slot machines; authorizing gaming licensees to detain and question persons suspected of swindling; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 465.080 is hereby amended to read as follows:
465.080 1. It [shall be] is unlawful for any person playing any licensed gambling game:
(a) To use bogus or counterfeit chips, or to substitute and use in any such game cards or dice that have been marked, loaded or tampered with; or
(b) To employ or have on his person any cheating device to facilitate cheating in such games.
2. It [shall be] is unlawful for any person, in playing or using any slot machine [, lawful vending machine, coin box, telephone or other receptacle] designed to receive or be operated by lawful coin of the United States of America: [in furtherance of or in connection with the sale, use or enjoyment of property or service:]
(a) [To] Knowingly to use other than lawful coin, legal tender of the United States of America, or coin not of the same denomination as the coin intended to be used in such [device,] slot machine, except that in the playing of any slot machine, it [shall be] is lawful for any such person to use tokens or similar objects therein which are approved by the state gaming control board; or
(b) To use [or have on his person] any cheating or thieving device, including but not limited to tools, drills, wires, coins attached to strings or wires or electronic or magnetic devices, to [facilitate] unlawfully facilitate aligning any winning combination or removing from any slot machine [, lawful vending machine, coin box, telephone or other receptacle any part of the] any money or other contents thereof.
3. [Any violation of the provisions of this section shall be a gross misdemeanor.] It is unlawful for any person, not a duly authorized employee, to have on his person or in his possession while on the premises of a licensed gaming establishment any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires, electronic or magnetic devices to facilitate removing from any slot machine any money or other contents thereof.
κ1973 Statutes of Nevada, Page 446 (CHAPTER 355, AB 266)κ
4. It is unlawful for any person, not a duly authorized employee of a licensed gaming establishment in furtherance of his employment, to have on his person or in his possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening or entering any slot machine or drop box.
5. Any violator of the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than $5,000, or by both fine and imprisonment.
6. As used in this section, the term slot machine shall have the meaning ascribed to it in NRS 463.0127.
Sec. 2. NRS 465.101 is hereby amended to read as follows:
465.101 1. As used in this section:
(a) Establishment has the meaning ascribed to it in NRS 463.0109.
(b) Licensee has the meaning ascribed to it in NRS 463.0119.
2. Any licensee, or his officers, employees or agents may question any individual in his establishment suspected of violating any of the provisions of NRS 465.070 or 465.080. No licensee or his officers, employees or agents [shall be] is criminally or civilly liable on account of any such questioning.
3. Any licensee or his officers, employees or agents who have probable cause for believing that there has been a violation of NRS 465.070 or 465.080 in his establishment by any [individual] person may take such person into custody and detain him in the establishment in a reasonable manner and for a reasonable length of time. Such taking into custody and detention [shall] does not render such licensee or his officers, employees or agents [,] criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
4. No licensee [,] or his officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:
Any gaming licensee, or his officers, employees or agents who have probable cause for believing that any person has violated any provision of NRS 465.070 or 465.080 prohibiting cheating in gaming may detain such person in the establishment for the purpose of notifying a peace officer.
Sec. 3. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person, in using any lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or in connection with the sale, use or enjoyment of property or service:
(a) To use other than lawful coin, legal tender of the United States of America, or coin not of the same denomination as the coin intended to be used in such device; or
(b) To use or have on his person any cheating or thieving device to facilitate removing from any lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.
κ1973 Statutes of Nevada, Page 447 (CHAPTER 355, AB 266)κ
facilitate removing from any lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.
2. Every person who violates any of the provisions of this section is guilty of a gross misdemeanor.
________
Assembly Bill No. 218Committee on Transportation
CHAPTER 356
AN ACT relating to crimes against the person; providing that driving under the influence of intoxicating liquor, controlled substances or other chemicals and causing death or substantial bodily harm to another shall be deemed a felony and punished as such; and providing other matters properly relating thereto.
[Approved April 15, 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:
Any person who, while under the influence of intoxicating liquor, or a controlled substance as defined in chapter 453 of NRS, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent to a degree which renders him incapable of safely driving or steering a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle, which act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, is guilty of a felony.
________
Assembly Bill No. 158Committee on Transportation
CHAPTER 357
AN ACT relating to motor vehicles; adding and clarifying definitions; and providing other matters properly relating thereto.
[Approved April 15, 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 the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Divided highway means a highway divided into two or more roadways by means of a physical barrier or dividing section, constructed so as to impede the conflict of vehicular traffic traveling in opposite directions.
κ1973 Statutes of Nevada, Page 448 (CHAPTER 357, AB 158)κ
Sec. 3. 1. 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 may be used as a dwelling when connected to utilities.
2. Mobile home includes a vehicular structure as described in subsection 1 which is used permanently or temporarily for the advertising, display, promotion or sale of merchandise or services.
Sec. 4. Roadway means that portion of a highway which is improved and ordinarily used for vehicular traffic, exclusive of the shoulder.
Sec. 5. Rural area means the area of the state which is not included within an urban area.
Sec. 6. Urban area means the area encompassed within the city limits of a city which has a population of 5,000 or more as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 7. NRS 484.013 is hereby amended to read as follows:
484.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.015 to 484.217, inclusive, and sections 2 to 6, inclusive, of this act have the meaning ascribed to them in such sections.
Sec. 8. NRS 484.037 is hereby amended to read as follows:
484.037 Commercial vehicle means every vehicle designed, maintained or used primarily for the transportation of property [.] in furtherance of commercial enterprise.
Sec. 9. NRS 484.089 is hereby amended to read as follows:
484.089 Official traffic-control device means every sign, signal, marking and device not inconsistent with this chapter or prohibited by law, placed or erected by a public authority or railroad for the purpose of regulating, warning or guiding traffic.
Sec. 10. NRS 484.091 is hereby amended to read as follows:
484.091 Owner means a person [, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.] who holds the legal title to a vehicle. The term includes a conditional vendee or lessee, 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. The term also includes a mortgagor, in the event of a mortgage of the vehicle, when the mortgagor of a vehicle is entitled to possession.
Sec. 11. NRS 484.173 is hereby amended to read as follows:
484.173 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 449 (CHAPTER 357, AB 158)κ
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, not specifically enumerated in subsections 1 and 2, is special mobile equipment as defined in this section.
Sec. 12. NRS 484.205 is hereby amended to read as follows:
484.205 Traffic-control signal means any official traffic-control device, whether manually, electrically or mechanically operated, placed or erected by a public authority [,] or railroad, by which traffic is alternately directed to stop or proceed.
Sec. 13. NRS 484.215 is hereby amended to read as follows:
484.215 Two-directional highway means [a] an undivided highway upon which vehicles are allowed to proceed in opposite directions.
Sec. 14. NRS 484.309 is hereby amended to read as follows:
484.309 [Whenever any highway has been divided into two highways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every] Every vehicle driven upon a divided highway shall be driven only upon the right-hand [highway] roadway and [a vehicle] shall not be driven over, across or within any [such] dividing space, barrier or section nor make any left turn, semi-circular turn or U-turn, except through an opening in [such physical] the barrier or dividing section or space or at a crossover or intersection established by a public authority.
Sec. 15. NRS 108.267 is hereby amended to read as follows:
108.267 As used in NRS 108.270 to 108.360, inclusive, trailer means every vehicle defined in NRS 482.110, 482.125, [and] 484.069 [.] and section 3 of this act.
Sec. 16. NRS 484.039 and 484.049 are hereby repealed.
________
Assembly Bill No. 157Committee on Transportation
CHAPTER 358
AN ACT relating to drivers licenses; repealing a provision for an assessment against the licensee upon failure to give notice of certain changes; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.390 is hereby amended to read as follows:
483.390 [1.] Whenever any person after applying for or receiving a drivers license [shall move] moves from the address named in such application or in the license issued to him, or when the name of a licensee is changed, [by marriage or otherwise,] such person shall within 10 days thereafter notify the drivers license division of the department of his new and old addresses, or of such former and new names, and of the number of any license then held by him.
κ1973 Statutes of Nevada, Page 450 (CHAPTER 358, AB 157)κ
is changed, [by marriage or otherwise,] such person shall within 10 days thereafter notify the drivers license division of the department of his new and old addresses, or of such former and new names, and of the number of any license then held by him.
[2. Where the licensee has failed to notify the drivers license division as required by subsection 1, and a renewal license has been prepared as provided in NRS 483.380, an assessment of $1 shall be imposed to cover the cost of reprocessing the renewal license, which assessment shall be added to the license renewal fee.]
________
Assembly Bill No. 519Committee on Transportation
CHAPTER 359
AN ACT relating to license plates for motor vehicles; providing for the proration of certain fees; abolishing certain fees; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.3667 is hereby amended to read as follows:
482.3667 1. The department shall establish, design and otherwise prepare for issue personalized prestige license plates [and other special plates] and shall establish all necessary procedures not inconsistent with this section for the application and issuance of such license plates.
2. The department shall issue [a special plate,] personalized prestige license plates, upon payment of the prescribed fee, to any person who otherwise complies with the laws relating to the registration and licensing of motor vehicles for use on private passenger cars or trucks having a rated capacity of 1 ton or less.
3. [Special] Personalized prestige license plates shall be valid for [1 year only, and an additional fee shall be paid for each year or part thereof that the owner of a motor vehicle desires to have such plates.] 12 months and are renewable upon expiration. These plates may be transferred from one vehicle to another if the transfer and registration fees are paid as set out in this chapter. Any person transferring plates shall be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration, applicable to the fees which are for the registration year for which the plates are being transferred.
4. In case of any conflict, the person who first made application for [special] personalized prestige license plates and has continuously renewed them by payment of the required fee shall have priority.
5. The department shall limit by regulation the number of letters and figures used, may by regulation prohibit the use of inappropriate letters or combinations, and shall not assign to any person not holding the relevant office any letters and figures denoting that the holder holds a public office.
Sec. 2. NRS 482.3669 is hereby amended to read as follows:
482.3669 The department shall make such rules and regulations as are necessary to insure compliance with all applicable laws pertaining to the licensing and registration of vehicles before issuing [special] personalized prestige license plates in lieu of the regular Nevada license plate or plates, and all applications for [special] personalized prestige license plates shall be made to the department.
κ1973 Statutes of Nevada, Page 451 (CHAPTER 359, AB 519)κ
are necessary to insure compliance with all applicable laws pertaining to the licensing and registration of vehicles before issuing [special] personalized prestige license plates in lieu of the regular Nevada license plate or plates, and all applications for [special] personalized prestige license plates shall be made to the department.
Sec. 3. NRS 482.367 is hereby amended to read as follows:
482.367 1. The department shall charge and collect the following fees for the issuance of [special] personalized prestige license plates, which fees shall be in addition to all other license fees and motor vehicle taxes:
..... (a) For the first issuance.................................................................................... $25
..... (b) For a renewal sticker [, up to a maximum of 5 years]................................ 15
(c) For changing to another [special] personalized prestige license plate............... 25
2. The additional fees collected by the department for the issuing of [special] personalized prestige license plates shall be remitted monthly to the state treasurer for deposit in the state highway fund.
Sec. 4. NRS 482.3671 and 482.3741 are hereby repealed.
________
Assembly Bill No. 652Mr. Hafen
CHAPTER 360
AN ACT relating to subdivision of land; requiring plats and maps to show the owners grant of permanent utility easements and the approval thereof by each affected public utility company; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.040 is hereby amended to read as follows:
116.040 1. The map or plat shall be certified by the surveyor making the same, which certificate shall be substantially as follows:
I, ........................................ (surveyors name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys and public places at the instance of ........................................ (give name of owner or trustee); that the location of the blocks, lots, streets, alleys and public places has been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within ........................................ (give description by metes and bounds or by legal subdivision); that the survey was completed on the .......... day of ...................... (give date).
2. The map or plat shall:
(a) Be acknowledged by the owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real property; and
κ1973 Statutes of Nevada, Page 452 (CHAPTER 360, AB 652)κ
(b) Contain signed and acknowledged evidence by the owner or owners of their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are granted or whose utility services are to be required for the platted parcels.
(c) If the land is situated in any city or town, or outside any city or town, but within 3 miles of the limits of the same, be approved by the legislative authority of the city or town in which the land is situated, and in the absence of such legislative authority, by the legislative authority of the county in which the city or town is situated; and
[(c)] (d) If the land is situated more than 1 mile from the limits of any city or town, be approved by the board of county commissioners of the county in which the land is situated; and
[(d)] (e) Be approved by the health division of the department of health, welfare and rehabilitation concerning sewage disposal, water pollution, water quality and, subject to confirmation by the state engineer, water quantity.
3. When so acknowledged, certified and approved, the original and one copy of the map or plat shall be filed in the office of the county recorder of the county in which the lands so platted and laid out are situated and one copy of the map or plat shall be filed, without charge, in the office of the county assessor of the county where the lands are situated.
4. No city or town or county legislative authority shall approve or accept for filing any map or plat under this chapter that does not conform to the requirements of this chapter.
Sec. 2. NRS 278.420 is hereby amended to read as follows:
278.420 The following certificates and acknowledgments shall appear on the final map and may be combined where appropriate:
1. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map. A lien for state, county, municipal or local taxes and for special assessments or beneficial interest under trust deeds or trust interests under bond indentures shall not be deemed to be an interest in land for the purpose of this section. Any map including territory originally patented by the United States or the State of Nevada, under patent reserving interest to either or both of the entities, may be recorded under the provisions of NRS 278.010 to 278.630, inclusive, without the consent of the United States or the State of Nevada thereto, or to dedications made thereon. Signatures required by this section of parties owning rights-of-way, easements or reversions which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value, and which signatures it is impossible or impracticable to obtain, may be omitted if the names of such parties and the nature of their interest is endorsed on the map, together with a reasonable statement of the circumstances preventing the procurement of such signatures.
2. A certificate, signed and acknowledged as above, offering for dedication for certain specified public uses (subject to such reservations as may be contained in any such offer of dedication) those certain parcels of land which the parties desire so to dedicate.
κ1973 Statutes of Nevada, Page 453 (CHAPTER 360, AB 652)κ
of land which the parties desire so to dedicate. The certificate may state that any certain parcel or parcels are not offered for dedication; but a local ordinance may require as a condition precedent to the approval of any final map that any or all of the parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels other than streets intended for the exclusive use of the lot owners in such subdivision, their licensees, visitors, tenants and servants.
3. A certificate for execution by the clerk of each approving governing body stating that the body approved the map and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.
4. A certificate signed and acknowledged by all parties having any record title in the land subdivided, evidencing their grant of permanent easements for utility installations and access, as designated on the map, together with a statement approving such easements, signed by each public utility company or agency in whose favor the easements are created or whose utility services are to be required for the platted parcels.
5. A certificate by the engineer or surveyor responsible for the survey and final map, giving the date of the survey and stating that the survey was made by him or under his direction, and that the survey is true and complete as shown. The certificate shall also state that the monuments are of the character and occupy the positions indicated, or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.400.
[5.] 6. A certificate by the county surveyor if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of the city, stating that he has examined the final map, that the subdivision as shown thereon is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technically correct.
[6.] 7. A certificate by the health division of the department of health, welfare and rehabilitation showing that the health division approved the final map concerning sewage disposal, water pollution, water quality and, subject to confirmation by the state engineer, water quantity.
Sec. 3. NRS 278.500 is hereby amended to read as follows:
278.500 1. If the subdivider is not required by the provisions of NRS 278.010 to 278.630, inclusive, to prepare and record a final map, then before proceeding with the sale of any part of the subdivision, he shall file, in the office of the county recorder, a record of survey map conforming, in respect to design, to the approved tentative map or maps.
2. In this event, the governing body may require only such street grading and surfacing and drainage provisions reasonably necessary for lot access and local neighborhood traffic and drainage needs.
3. The construction of any of these improvements may be accomplished as provided in accordance with the provisions of NRS 278.010 to 278.630, inclusive.
κ1973 Statutes of Nevada, Page 454 (CHAPTER 360, AB 652)κ
4. The following certificates shall appear on a record of survey map:
(a) A certificate for execution by the clerk of each approving governing body stating that the body approved the map for subdivision purposes in accordance with the conditional approval of the tentative map.
(b) A certificate by the engineer or surveyor responsible for the survey giving the date of the survey and stating that the survey was made by him or under his direction and setting forth the name of the owner who authorized him to make the survey, and that the survey is true and complete as shown. This certificate shall also state that the monuments are of the character and occupy the positions indicated or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.010 to 278.630, inclusive. This certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.
(c) A certificate prepared in accordance with subsection 4 of NRS 278.420.
________
Assembly Bill No. 677Mr. Jacobsen
CHAPTER 361
AN ACT relating to offsite manufacture buildings; adding all modular buildings and buildings using modular components to the Nevada Factory-Built Housing Law; renaming it the Nevada Factory-Built Housing and Manufactured Building Law; providing penalties; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 461 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Manufactured building includes any modular building or any building constructed using one or more modular components.
Sec. 3. Modular building means an office, apartment, school, motel or other building, whether it is a total building or a room, which is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled on site in accordance with regulations adopted by the department pursuant to NRS 461.170, but does not include a mobile home.
Sec. 4. Modular component means any closed unit of construction which bears or requires any electrical, plumbing, heating, air-conditioning or any other mechanical connection.
Sec. 5. NRS 461.010 is hereby amended to read as follows:
461.010 This chapter may be cited as the Nevada Factory-Built Housing and Manufactured Building Law.
Sec. 6. NRS 461.020 is hereby amended to read as follows:
461.020 The provisions of this chapter shall be applicable to all factory-built housing manufactured after July 1, 1971 [.] and to all other manufactured buildings and modular components manufactured after July 1, 1973.
κ1973 Statutes of Nevada, Page 455 (CHAPTER 361, AB 677)κ
manufactured buildings and modular components manufactured after July 1, 1973.
Sec. 7. NRS 461.030 is hereby amended to read as follows:
461.030 1. The legislature hereby finds and declares that in an effort to meet the housing needs within the State of Nevada, the private housing and construction industry has developed mass production techniques which can substantially reduce housing construction costs, and that the mass production of housing, consisting primarily of factory manufacture of dwelling units or habitable rooms thereof, presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures.
2. The legislature further finds and declares that by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of housing construction costs and to make housing and home ownership more feasible for all residents of the state.
3. The legislature further finds that industrialized types of construction have expanded to include office buildings, schools, nursing homes, motels and buildings other than dwellings. Modular buildings or modular components, or both, arrive at the construction site in a closed panel condition, making inspections by the local enforcement agency difficult. This chapter is intended to provide means for determining whether these manufactured buildings or components, or both, meet with state and local adopted code standards and specifications and also to encourage the advantages of new building construction technology.
Sec. 8. NRS 461.040 is hereby amended to read as follows:
461.040 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461.050 to 461.160, inclusive, and sections 2 to 4, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 9. NRS 461.090 is hereby amended to read as follows:
461.090 First user means the person, firm or corporation that initially installs factory-built housing or manufactured buildings within this state. A person who subsequently purchases a building which wholly or partially consists of factory-built housing or manufactured buildings is not a first user within the meaning of this definition.
Sec. 10. NRS 461.110 is hereby amended to read as follows:
461.110 Installation means the assembly of any factory-built housing or any manufactured building on site and the process of affixing such factory-built housing or manufactured building to land, a foundation, footings or an existing building.
Sec. 11. NRS 461.120 is hereby amended to read as follows:
461.120 Local enforcement agency means any county or incorporated city or town, including Carson City, in which factory-built housing or any manufactured building is installed.
Sec. 12. NRS 461.130 is hereby amended to read as follows:
461.130 Manufacture or fabricate is the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semifinished materials.
Sec. 13. NRS 461.160 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 456 (CHAPTER 361, AB 677)κ
461.160 Site is the entire tract, subdivision or parcel of land on which factory-built housing or any manufactured building is installed.
Sec. 14. NRS 461.190 is hereby amended to read as follows:
461.190 1. Factory-built housing manufactured after the effective date of the regulations for such housing adopted pursuant to this chapter which is sold or offered for sale to first users within this state shall bear insignia of approval issued by the department.
2. A manufactured building, fabricated after the effective date of the regulations for such buildings adopted pursuant to this chapter, which is sold or offered for sale to a first user within this state shall bear an insignia of approval issued by the department.
3. The department may issue insignia, medallions, symbols or tags issued by the appropriate certifying authority designated by the uniform codes adopted pursuant to NRS 461.170, signifying compliance with all of the provisions of NRS 461.170.
[3.] 4. The department may also provide by regulation for the approval of any factory-built housing or manufactured building which has been inspected and approved by the appropriate certifying authorities of another jurisdiction which has adopted all of the codes specified in NRS 461.170 without additional inspection or issuance of additional insignia, medallions, symbols or tags by the department.
Sec. 15. NRS 461.200 is hereby amended to read as follows:
461.200 All factory-built housing and manufactured buildings bearing an insignia of approval pursuant to NRS 461.190 shall be deemed to comply with the requirements of all ordinances or regulations enacted by any city or county which may be applicable to the manufacture of such [housing.] buildings.
Sec. 16. NRS 461.210 is hereby amended to read as follows:
461.210 No factory-built housing or manufactured building bearing a department insignia of approval pursuant to NRS 461.190 shall be in any way modified prior to, or during, installation unless approval is first obtained from the department.
Sec. 17. NRS 461.230 is hereby amended to read as follows:
461.230 1. The department shall hear appeals brought by any person regarding the application to such person of any rule or regulation of the department promulgated pursuant to this chapter. Any such appeals shall first be submitted to the local enforcement agency, if any, delegated by the department to enforce the provisions of this chapter. The department shall not hear any appeal regarding any local ordinance, rule or regulation related to the installation of factory-built housing [.] or manufactured buildings.
2. The department may promulgate rules pertaining to the hearing of appeals under the provisions of this section.
Sec. 18. NRS 461.260 is hereby amended to read as follows:
461.260 1. Local enforcement agencies shall enforce and inspect the installation of factory-built housing [.] and manufactured buildings.
2. Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.
κ1973 Statutes of Nevada, Page 457 (CHAPTER 361, AB 677)κ
3. Nothing in this chapter shall be construed to prohibit any appropriate local government authority from examining and approving all plans, applications or building sites.
________
Assembly Bill No. 436Mr. Prince
CHAPTER 362
AN ACT relating to general improvement districts; simplifying their required reports to the public service commission; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.035 is hereby amended to read as follows:
704.035 1. The commission shall determine as soon as practicable after April 15 of each year the gross operating revenue of each public utility other than a general improvement district for the preceding calendar year. The gross operating revenue of a general improvement district shall be determined for the preceding fiscal year.
2. Notice of the assessment and the amount thereof shall be given no later than July 1 of each year to each public utility assessed by registered or certified mail to the address of such public utility on file with the commission, but failure to notify any such utility shall not invalidate the assessment with respect thereto.
3. The assessment shall be due and payable on August 1 of each year but may, at the option of the public utility, be paid quarterly on August 1, November 1, February 1 and May 1.
4. When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after such sale, transfer or conveyance, unless the transferee has assumed liability for such assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility shall continue until it has paid such assessment.
5. The commission may bring an appropriate action in its own name for the collection of any assessment which is not paid on the dates required in subsections 3 and 4.
Sec. 2. NRS 704.180 is hereby amended to read as follows:
704.180 1. Every public utility shall:
(a) Keep and render to the commission, in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted; and
(b) Furnish the commission with an annual report in such form and detail as shall be prescribed by the commission.
2. [The] Except as provided by subsection 3, the accounts of every public utility shall be closed annually on January 1, and the reports herein required shall be filed not later than April 15 following.
κ1973 Statutes of Nevada, Page 458 (CHAPTER 362, AB 436)κ
public utility shall be closed annually on January 1, and the reports herein required shall be filed not later than April 15 following.
3. The accounts and annual reports required by the provisions of subsections 1 and 2, may be kept and filed on a fiscal year basis by general improvement districts organized pursuant to the provisions of chapter 318 of NRS. The reports shall be filed by December 31 of each year in the form required by the Local Government Budget Act.
4. The commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.
[4.] 5. Any commissioner or any commission personnel authorized by the commission may examine, at any time during the business hours of the day, the books, accounts, records, minutes, papers and property of any public utility doing business in this state.
[5.] 6. The fact that such books, accounts, records, minutes and papers are not maintained in this state shall not cause the commissioner or such authorized commission personnel to lose any right of examination under this chapter when and where such books, accounts, records, minutes, papers and property are maintained.
________
Assembly Bill No. 724Committee on Judiciary
CHAPTER 363
AN ACT relating to public child welfare services; requiring that notice and hearing be given to the welfare division prior to a court placing the custody of a child with the division; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 432.020 is hereby amended to read as follows:
432.020 The welfare division is hereby authorized and empowered:
1. To provide maintenance and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, group care facilities or other care centers or institutions, but payment for children who are placed in the Nevada state childrens home shall be made in accordance with the provisions of NRS 423.210.
(d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the welfare division as requiring foster home care upon being paroled from such school.
2. If any child is placed in the custody of the welfare division, pursuant to any court order or request, such order or request shall be issued or made after an opportunity for a hearing has been given to the welfare division pursuant to summons or other notice, or upon request of the welfare division.
κ1973 Statutes of Nevada, Page 459 (CHAPTER 363, AB 724)κ
or made after an opportunity for a hearing has been given to the welfare division pursuant to summons or other notice, or upon request of the welfare division.
3. To return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division shall retain the right to custody of the child during such period, until a court of competent jurisdiction determines proper custody of the child.
[3.] 4. To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the welfare division.
________
Assembly Bill No. 758Messrs. Crawford, Bennett and Mrs. Ford
CHAPTER 364
AN ACT relating to elections; prohibiting write-in voting; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.270 is hereby amended to read as follows:
293.270 Voting at any primary or general election shall be on printed ballots or voting machine ballot labels. Voting shall be only upon candidates whose names appear upon the ballot or ballot labels prepared by the election officials, and no person may write in the name of an additional candidate for any office.
________
Senate Bill No. 395Senator Swobe
CHAPTER 365
AN ACT relating to forest practice; requiring variances for certain types of logging operations; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 528 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person may engage in tractor logging on a slope whose gradient is 30 percent or more without first obtaining a variance from the state forester firewarden.
κ1973 Statutes of Nevada, Page 460 (CHAPTER 365, SB 395)κ
is 30 percent or more without first obtaining a variance from the state forester firewarden.
2. The state forester firewarden shall act on a request for a variance within 45 days after receipt of a proper application, which shall include the information required by subsection 2 of NRS 528.043. If a variance is granted, it is subject to such conditions and requirements as the state forester firewarden may prescribe.
3. In acting on a request for a variance, the state forester firewarden shall consider the following factors:
(a) The extent to which tractor logging may destroy advanced regeneration and litter cover;
(b) The extent to which tractor logging may cause soils to be displaced or erode; and
(c) The extent to which tractor logging may cause siltation and eroded soils to infiltrate the 200-foot stream buffer.
4. An applicant may request a hearing before the state forester firewarden within 10 days after the denial of a request for a variance.
5. Upon any final denial, any performance bond shall be returned to the applicant.
Sec. 2. NRS 528.043 is hereby amended to read as follows:
528.043 An application for a logging permit shall be accompanied by:
1. A logging plan including, but not limited to, the following information:
(a) An accurate topographical map showing exterior boundaries of the areas to be logged and the roads, structures and landings, existing and proposed.
(b) The volume of timber to be removed.
(c) The time required for removal of such volume.
(d) The specification as to the percentage of merchantable volume to be removed and the composition of any residual stand.
(e) The revegetation plan, if applicable.
(f) The slash-disposal and cleanup plans.
(g) The road construction specifications and erosion control measures.
(h) An outline of the fire prevention and protection plans and procedures.
(i) A description of tools and equipment suitable and available for firefighting, and the number of men normally available for firefighting.
2. If a variance is requested pursuant to section 1 of this act, the applicant shall also furnish the state forester firewarden with information and data regarding:
(a) Soil characteristics;
(b) Reproduction capability of the area;
(c) Ground and litter cover;
(d) Soil erosion hazards;
(e) Natural drainage features;
(f) Percent of gradient and aspect of slopes;
(g) Description of the method of logging and equipment to be used; and
(h) Such other information as the state forester firewarden may require.
3. A performance bond in an amount set by the state forester firewarden and based upon the contract price or value of the timber to be cut, which shall be conditioned upon compliance with all provisions of the logging permit, and shall be approved as to form and sufficiency by the state forester firewarden.
κ1973 Statutes of Nevada, Page 461 (CHAPTER 365, SB 395)κ
cut, which shall be conditioned upon compliance with all provisions of the logging permit, and shall be approved as to form and sufficiency by the state forester firewarden.
Sec. 3. NRS 528.050 is hereby amended to read as follows:
528.050 The cutting practices of every timber owner or operator conducting logging operations within this state shall conform to the following:
1. Areas of old-growth timber shall have reserved and left uncut for future crops all sound, immature trees 18 inches d.b.h. or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequately stocked. Seed trees shall be approved by the state forester firewarden.
2. Areas of young-growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for future crops all sound, immature trees of 18 inches d.b.h. or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from the seed source unless the area is adequately stocked. Seed trees shall be approved by the state forester firewarden.
3. On areas of young-growth and prior-cut timber where forest products other than saw logs and veneer logs are being harvested an adequately stocked stand shall be left.
4. The following may be cut regardless of size:
(a) Trees with dead tops.
(b) Trees with butt burns, with over half of the circumference burned and exposed wood showing decay.
(c) Trees with bad lightning scars.
(d) Trees infested with insects or disease.
(e) Trees injured or broken during operations.
(f) Trees to be removed for purpose of clearing of rights-of-way, landings, campsites or firebreaks.
(g) Excessively crooked trees.
(h) Suppressed trees with less than 25 percent crown.
5. No tractor logging shall be conducted on [any slope of 30 percent or steeper or on] saturated soils.
The provisions of this section do not apply if trees are being removed to change the use of the land from forest production to another use, but the timber owner or his agent shall obtain a timberland conversion certificate as provided in this chapter.
Sec. 4. NRS 528.053 is hereby amended to read as follows:
528.053 1. No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, shall take place within 200 feet, measured on the slope, of the high water mark of any lake, reservoir, stream or other body of water [, except:
1. For the approved removal of infected or hazardous trees; or
2. For purposes approved by the state forester firewarden, the Nevada department of fish and game and the state engineer.] unless a variance is first obtained from a committee composed of the state forester firewarden, the director of the Nevada department of fish and game and the state engineer.
κ1973 Statutes of Nevada, Page 462 (CHAPTER 365, SB 395)κ
2. The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.
3. In acting on a request for such variances the committee shall consider the following factors:
(a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;
(b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;
(c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;
(d) The extent to which such requested activity is consistent with the prevention of significant soil erosion; and
(e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and
(f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 459Committee on Federal, State and Local Governments
CHAPTER 366
AN ACT relating to racing; amending the charter of the city of Henderson; permitting certain types of racing to be conducted under the control of the Nevada gaming commission and the Nevada racing commission; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The charter of the city of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended by adding thereto a new section to be designated section 2.330, which shall follow section 2.320, and shall read as follows:
Section 2.330 Powers of city council: Dog racing; licensing and regulation.
1. The city council may, until July 1, 1978, license and regulate greyhound racing within the city.
κ1973 Statutes of Nevada, Page 463 (CHAPTER 366, SB 459)κ
2. Each member of the firm, partnership, association or corporation receiving such license shall be approved by the city council before such license is issued. Not more than one such license shall be issued and it shall not be transferable.
3. Such racing is subject to the control of the Nevada racing commission. Pari-mutuel wagering may be permitted at the track where such racing occurs, subject to the control of the Nevada gaming commission.
Sec. 2. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor shall be conducted, or any article, apparatus or device useful therefor shall be kept; or
(b) Wherein any fighting between animals or birds shall be conducted; or
(c) Wherein any dog races shall be conducted [; or] , unless specifically authorized in the special charter of any city by the legislature; or
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(e) Where vagrants resort;
shall be a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons; or
(b) Shall offend public decency; or
(c) Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) Shall in any way render a considerable number of persons insecure in life or the use of property,
shall be a public nuisance.
Sec. 3. NRS 464.010 is hereby amended to read as follows:
464.010 1. It shall be unlawful after July 1, 1949, for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada, any form of wagering under the system known as the pari-mutuel method of wagering on any racing or sporting event, except horse racing [,] and dog racing, without having first procured a license for the same as provided in this chapter.
2. No alien or any person except a citizen of the United States shall be issued a license, or shall directly or indirectly own, operate or control any game or device so licensed.
3. Where any other state license is required to conduct a racing or sporting event such license must first be procured before pari-mutuel betting may be licensed in connection therewith.
Sec. 4. NRS 464.020 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 464 (CHAPTER 366, SB 459)κ
464.020 1. The Nevada gaming commission shall be charged with the administration of this chapter for the protection of the public and in the public interest.
2. The Nevada gaming commission is empowered to adopt, amend and repeal regulations governing, permitting and regulating the pari-mutuel method of wagering on any sporting event except horse racing [.] and dog racing. Such wagering shall be conducted only by the licensee and only within the enclosure and only on the dates determined and set by the Nevada gaming commission.
3. The regulations of the Nevada gaming commission may include, without limitation thereof, the following:
(a) Requiring fingerprinting of an applicant or licensee, or other method of identification.
(b) Requiring information concerning an applicants antecedents, habits and character.
(c) Prescribing the method and form of application which any applicant for a license under this chapter shall follow and complete prior to consideration of his application by the Nevada gaming commission.
4. The Nevada gaming commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed under this chapter pertaining to and affecting the subject of the license.
Sec. 5. NRS 464.040 is hereby amended to read as follows:
464.040 1. The commission deducted from pari-mutuels by any licensee licensed under the provisions of this chapter shall not exceed 13 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. Each licensee shall pay to the Nevada gaming commission for the use of the State of Nevada a tax at the rate of 2 percent on the total amount of money wagered on any racing or sporting event except horse racing [.] and dog racing.
3. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
4. The amount paid to the Nevada gaming commission shall be, after deducting costs of administration which shall not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasury for deposit in the general fund.
Sec. 6. Chapter 466 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 11, inclusive, of this act.
Sec. 7. The commission shall not issue any license to conduct pari-mutuel wagering in connection with any greyhound race unless greyhound racing is permitted by a special charter of a city to be conducted in such city and a license to conduct such race has been issued by the city council or other governing body of such city.
Sec. 8. A license shall not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of such track except a county fair race meeting authorized by the commission which does not exceed 6 days in duration during that calendar year.
κ1973 Statutes of Nevada, Page 465 (CHAPTER 366, SB 459)κ
Sec. 9. 1. Every application for a license to conduct pari-mutuel wagering under this chapter shall be referred by the Nevada racing commission to the Nevada gaming commission, which shall prescribe and furnish the forms on which any such application shall be made.
2. The Nevada gaming commission shall cause every such applicant to be investigated in the manner prescribed by and pursuant to chapter 463 of NRS for the investigation of an applicant for a state gaming license. The Nevada gaming commission and the state gaming control board are vested with the same powers for this purpose as for the investigation of an applicant for a state gaming license. The Nevada gaming commission may promulgate appropriate rules applicable only to applicants investigated pursuant to this section, and may declare the inapplicability of specified general rules for gaming license applicants to applicants investigated under this section.
3. The cost of each investigation made pursuant to this section shall be paid by the applicant. The Nevada gaming commission shall prescribe by regulation the manner of computing and collecting such cost.
4. The Nevada gaming commission shall recommend to the Nevada racing commission either the approval or the denial of each application for a license to conduct pari-mutuel wagering. The Nevada racing commission may deny such an application if approval is recommended, but shall not approve such an application if denial is recommended.
Sec. 10. The commission shall maintain blanket fidelity bond coverage of all its members and employees who handle any of its money, unless such persons are covered by any blanket fidelity bond otherwise maintained by the State of Nevada.
Sec. 11. No member of the commission may own or otherwise have a financial interest in any greyhound which is entered in any race meet licensed pursuant to the provisions of this chapter.
Sec. 12. NRS 466.010 is hereby amended to read as follows:
466.010 This chapter shall be known and may be cited as the Nevada [Horse] Racing Act.
Sec. 13. NRS 466.015 is hereby amended to read as follows:
466.015 The purpose of this chapter is to encourage agriculture and the breeding of horses and greyhounds in this state [.] and to produce an additional source of revenue for the state.
Sec. 14. NRS 466.030 is hereby amended to read as follows:
466.030 1. The Nevada racing commission is created [and established] and vested with [and possessed of] the powers and duties specified in this chapter and also the powers necessary or proper to enable it to carry out fully and effectually all of the purposes of this chapter.
2. The jurisdiction, supervision, powers and duties of the commission [shall] extend under this chapter to [any and] all [person or] persons, associations or corporations which [shall hereafter] hold or conduct any meeting within the State of Nevada where any [horse] racing [shall be] is permitted for any stake, purse or reward.
3. The commission may promulgate rules and regulations for the conduct of horse and greyhound racing.
Sec. 15. NRS 466.090 is hereby amended to read as follows:
466.090 1. No person or persons, association or corporation, except state fair associations, agricultural societies, county fair and recreation boards, and other associations to which state or county aid is given, shall hold or conduct any meeting within the State of Nevada where [horse] racing [shall be] is permitted for any stake, purse or reward, except when such person, association or corporation is licensed by the commission as provided in this chapter.
κ1973 Statutes of Nevada, Page 466 (CHAPTER 366, SB 459)κ
state fair associations, agricultural societies, county fair and recreation boards, and other associations to which state or county aid is given, shall hold or conduct any meeting within the State of Nevada where [horse] racing [shall be] is permitted for any stake, purse or reward, except when such person, association or corporation is licensed by the commission as provided in this chapter.
2. It [shall be unlawful after March 31, 1965,] is unlawful for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada any form of wagering under the system known as the pari-mutuel method of wagering on any [horse] racing event, without having first procured a license for the same as provided in this chapter.
3. No alien or any person except a citizen of the United States shall be issued a pari-mutuel wagering license, or shall directly or indirectly own, operate or control any game or device so licensed.
Sec. 16. NRS 466.100 is hereby amended to read as follows:
466.100 1. Any person or persons, association or corporation desiring to conduct [horse] racing within the State of Nevada during any calendar year shall apply to the commission for a license so to do.
2. An application shall be filed with the secretary of the commission on or before a date to be fixed by the commission. The application shall:
(a) Specify the days on which such race meeting is desired to be conducted or held.
(b) Be in such form and supply such data and information as the commission shall prescribe.
3. The decision of the commission on the award of all dates shall be final, but the commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.
4. The commission shall have the power to revoke, modify or suspend a license or to refuse to issue the same if it has reasonable cause to believe that the public interest can best be served. No license may be revoked or suspended until after a hearing held by the commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such action shall be written in full in the records of the commission. The action of the commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.
5. [In the event an applicant for a license to conduct horse racing within the State of Nevada desires to operate, carry on, conduct or maintain any form of wagering under the system known as the pari-mutuel method of wagering on any horse racing event, the application shall contain such additional information as the commission may reasonably require.] The commission shall not grant a license to conduct pari-mutuel wagering in connection with any racing event unless and until the applicant has been investigated and approval recommended as provided in section 9 of this act.
6. A license to conduct greyhound racing:
κ1973 Statutes of Nevada, Page 467 (CHAPTER 366, SB 459)κ
(a) May be issued only in conjunction with a license to conduct horse racing and for a track on which horse racing is actually conducted; and
(b) Shall provide that the days of greyhound racing shall not exceed 2 days to 1 day of horse racing in any 1 year.
7. Prior to the running of any race meet licensed by the commission, the licensee shall post with the commission cash not to exceed $50,000 or a bond payable to the State of Nevada in such amount, not to exceed $50,000, as the commission deems necessary, issued by a corporate surety authorized to do business in this state, conditioned for the payment of all moneys due to the state, the payment of purses to the participants, and the employees of the licensee. After the race meet the same shall be returned or exonerated as the case may be, upon full performance by the licensee. Agricultural associations conducting race meets are exempt from this subsection.
8. A licensee holding a license to conduct greyhound racing shall not sell any stock in such enterprise to the public.
Sec. 17. NRS 466.110 is hereby amended to read as follows:
466.110 1. No one person, corporation or association shall be given a license to conduct [racing for more than 100 days in 1 year, nor shall more than an aggregate of 100 days racing be held] more than 200 days each of horse and greyhound racing, separately or simultaneously in any 1 year on any one track within the State of Nevada.
2. The commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track or place for holding races to the track or place for holding races of any other person, corporation or association. No such authority to transfer shall be granted without express consent of the person, corporation or association owning or leasing the track to which such transfer is made, but nothing in this section shall affect in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 or the provision for taxes contained in NRS 466.125.
Sec. 18. NRS 466.125 is hereby amended to read as follows:
466.125 1. Each licensee conducting [horse] racing with pari-mutuel wagering shall pay to the commission for the use of the State of Nevada a tax at the rate of [:
(a) Two percent on all moneys handled which do not exceed $2,000,000 at any one race meeting; and
(b) Three percent on all moneys handled which exceed $2,000,000 and do not exceed $3,000,000 at any one race meeting; and
(c) Three and one-half percent on all moneys handled which exceed $3,000,000 at any one race meeting.] 3 percent on all pari-mutuel moneys handled on horse races and 4 percent on all pari-mutuel moneys handled on greyhound races during the race meeting, 1 percent of which shall be paid to the commission pursuant to NRS 466.080, and in the case of greyhound races, 1 percent of which shall be paid to the city in which the races are held.
2. State fair associations, agricultural societies, county fair and recreation boards [and other associations to which state or county aid is given are exempt from the taxes imposed by subsection 1 of this section.]
κ1973 Statutes of Nevada, Page 468 (CHAPTER 366, SB 459)κ
section.] and county agricultural associations are to pay 1 percent only of total pari-mutuel moneys handled during race meetings.
Sec. 19. NRS 466.151 is hereby amended to read as follows:
466.151 1. The commissions deducted by any licensee from pari-mutuel wagering on [horse] racing shall not exceed [16.5] 18 percent of the gross amount of money handled in each pari-mutuel pool operated by such licensee during the period of the license.
2. In addition to the commissions provided for in subsection 1, the licensee may deduct odd cents less than 10 cents per dollar in paying bets.
Sec. 20. NRS 466.153 is hereby amended to read as follows:
466.153 A licensee conducting any form of pari-mutuel wagering provided for in this chapter shall provide a place or places in the meeting grounds or enclosure:
1. At which the licensee may conduct, operate and supervise the pari-mutuel method of wagering upon the results of the [horse] racing events conducted within the meeting grounds or enclosure.
2. Where the progress of the betting and the odds paid may be open to public view.
Sec. 21. NRS 466.155 is hereby amended to read as follows:
466.155 All [other] forms of wagering or betting on the results of any of the [horse] races licensed under this chapter outside the enclosure where such races or events are licensed by the commission are illegal, unless expressly authorized by the commission.
Sec. 22. NRS 466.159 is hereby amended to read as follows:
466.159 All outstanding pari-mutuel tickets must be cashed within 90 days from the date of purchase or 10 days after the close of any race meeting. Tickets which are not redeemed within such time become valueless and the sum of money represented by them shall accrue to the issuing licensee.
Sec. 23. NRS 466.170 is hereby amended to read as follows:
466.170 1. The commission [shall have power to] may make and adopt regulations, and thereafter [to] modify the same, providing for the pari-mutuel method of wagering on [horse] races and for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the commission, of horses, greyhounds, owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations, the activities of whom affect the conduct of licensed race meetings.
2. At a licensed race meeting or race, [no] a person shall not enter a horse or greyhound or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the commission a license so to do, and paying such fees as the commission shall determine to be reasonable therefor. The commission is authorized to issue such licenses, and may revoke the same at any time for cause.
3. The rules and regulations of the commission may include, but are not limited to, the following:
(a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;
κ1973 Statutes of Nevada, Page 469 (CHAPTER 366, SB 459)κ
(b) A requirement for information concerning applicants antecedents, habits and character; and
(c) The procedure and form of application which applicants shall follow and complete prior to consideration of their applications by the commission.
4. If any member of the commission is a resident within an agricultural district which is conducting racing, such member shall be the representative of the commission at such race meeting.
Sec. 24. NRS 466.190 is hereby amended to read as follows:
466.190 Every person or persons, association or corporation licensed to hold racing meets within the State of Nevada, as provided in this chapter, shall within 30 days after the conclusion of any license period, or extension thereof, return to the commission a full statement, under oath, of their receipts from all sources whatsoever during the calendar year, and of all expenses and disbursements, all itemized in manner and form as shall be directed by the commission and with such allowances as may be approved by the commission, showing the net revenue from all sources derived by such person, persons, association or corporation engaged in or conducting [horse] racing.
Sec. 25. NRS 466.220 is hereby amended to read as follows:
466.220 1. Any person failing to appear before the Nevada racing commission at the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, shall be guilty of a misdemeanor.
2. Any false swearing on the part of any witness having appeared before the commission shall be deemed perjury and shall be punished as such.
3. Any person aiding or abetting in the conduct of any meeting within the State of Nevada at which races of horses [shall be] or greyhounds are permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Nevada racing commission, shall be guilty of a gross misdemeanor.
4. Any violation of the provisions of this chapter, or the rules and regulations of the commission, for which no other penalty is provided in this section is a misdemeanor.
________
Senate Bill No. 297Committee on Federal, State and Local Governments
CHAPTER 367
AN ACT relating to traffic regulation; extending the jurisdiction of counties and cities over parking areas; and providing other matters properly relating thereto.
[Approved April 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.
κ1973 Statutes of Nevada, Page 470 (CHAPTER 367, SB 297)κ
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.
4. Subject to the restriction of subsection 1, each board of county commissioners may, by ordinance, regulate:
(a) All vehicular, pedestrian and other traffic within the unincorporated area of the county and provide generally for the public safety on public streets, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.
(b) The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 2. NRS 266.277 is hereby amended to read as follows:
266.277 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, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Assembly Bill No. 820Committee on Transportation
CHAPTER 368
AN ACT relating to motor vehicle registration; exempting golf carts therefrom under certain conditions; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.210 is hereby amended to read as follows:
482.210 The provisions of this chapter requiring the registration of certain vehicles [shall] do not apply to:
1. Special mobile equipment.
2. Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.
3. Any mobile home not moved on any highway or road within the state.
4. Golf carts which are:
(a) Traveling from the residence or temporary abode of the owner or operator thereof to a golf course;
κ1973 Statutes of Nevada, Page 471 (CHAPTER 368, AB 820)κ
(b) Traveling upon streets properly designated by the appropriate city or county as permissible for the operation of golf carts; and
(c) Operating pursuant to a permit issued in accordance with rules and regulations adopted by the appropriate city or county.
________
Assembly Bill No. 845Committee on Transportation
CHAPTER 369
AN ACT to amend NRS 408.555, describing State Highway Route 33, by extending such route from Sutcliffe to Warrior Point county park in Washoe County, Nevada; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.555 is hereby amended to read as follows:
408.555 Route 33 begins at a point on Route 1 at Reno, thence northeasterly along Wells Avenue, thence northeasterly to Pyramid Lake at [Sutcliffe.] Warrior Point county park.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 170Senators Gibson, Brown, Dodge, Lamb, Swobe, Blakemore, Hecht, Drakulich, Close, Walker, Monroe, Raggio, Young, Pozzi, Herr and Echols
CHAPTER 370
AN ACT relating to education; defining areas of authority for public school integration; bringing the regulation-making procedures of the state board of education under the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this Title are intended to reserve to the boards of trustees of local school districts within the state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers shall only be limited by other specific provisions of law.
2. The responsibility of establishing a state-wide policy of integration or desegregation of public schools is reserved to the legislature.
κ1973 Statutes of Nevada, Page 472 (CHAPTER 370, SB 170)κ
or desegregation of public schools is reserved to the legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the state-wide policy established by the legislature is delegated to the respective boards of trustees of local school districts.
3. The state board of education shall, and each board of trustees of a local school district and any other school official may, advise the legislature at each regular session of any recommended legislative action to insure equality of educational opportunity for all children in the State of Nevada.
Sec. 2. NRS 233B.020 is hereby amended to read as follows:
233B.020 1. By this chapter, the legislature intends to establish minimum procedural requirements for the regulation-making and adjudication procedure of all agencies of the executive department of the state government and for judicial review of both functions, excepting those agencies expressly exempted pursuant to the provisions of this chapter. This chapter confers no additional regulation-making authority upon any agency except to the extent provided in subsection 1 of NRS 233B.050.
2. The provisions of this chapter are intended to supplement present statutes applicable to specific agencies. Nothing in this chapter shall be held to limit or repeal additional requirements imposed on such agencies by statutes or to limit such requirements otherwise recognized by law.
3. The state board of education is an agency subject to the provisions of this chapter for the purpose of regulation making but not with respect to any contested case.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 208Committee on Federal, State and Local Governments
CHAPTER 371
AN ACT to amend chapter 704A of NRS, relating to utilities of private corporations and other persons and of local governments; defining certain words and terms; relating to underground electric and communication districts, the payment of construction and conversion costs of underground service facilities, the payment of other costs, the assessment of property, the issuance of interim warrants and bonds, and the collection of assessments; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection therewith; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Engineer means the de facto or de jure clerk of the municipality, or his successor in functions, if any.
κ1973 Statutes of Nevada, Page 473 (CHAPTER 371, SB 208)κ
Sec. 3. 1. Mailed notice, notice by mail or any phrase of similar import, except as otherwise qualified, means the giving by the municipal clerk, engineer, treasurer or other designated person, or any deputy thereof, as provided in this chapter or otherwise as determined by the governing body, of any designated written or printed notice addressed to the last-known owner or owners of each lot being assessed or other designated person at his or their last-known address or addresses by deposit, at least 20 days prior to the designated hearing or other designated time or event, in the United States mails, postage prepaid, as first-class mail.
2. The names and addresses of such property owners, unless otherwise provided, shall be obtained from the records of the county assessor or from such other source as the official giving such notice deems reliable.
3. Any list of such names and addresses pertaining to any service district or assessment roll may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.
4. Any mailing of any notice required in this chapter shall be verified by the affidavit or certificate of the official mailing the notice, which verification shall be retained in the records of the municipality at least until all assessments and bonds and any other securities pertaining thereto have been paid in full, or each claim relating thereto is barred by a statute of limitations.
5. Such affidavit or certificate of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this chapter.
Sec. 4. 1. Municipality means an incorporated city, including, without limitation, Carson City, in which is located wholly or in part the service district, or means the county in the unincorporated area of which is wholly located the service district, as the case may be; but in the provisions of NRS 704A.600 to 704A.760, inclusive, municipality means only such an incorporated city and does not include any county.
2. Municipal pertains to a municipality as defined in this section, but in the phrase county or municipal officer the term municipal pertains only to an incorporated city.
Sec. 5. 1. Publication, publish or any term of similar import, except as otherwise qualified, means publication in at least one newspaper of general circulation in the municipality and the service district pertaining thereto, for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated hearing or other designated time or event.
2. The publication need not be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first and the last publication.
3. Any publication herein required shall be verified by the affidavit of the publisher which affidavit shall be filed with the municipal clerk.
Sec. 6. NRS 704A.180 is hereby amended to read as follows:
704A.180 1. Within 15 days after the receipt of the petition, each public utility corporation other than the municipality shall notify the municipality of the petitions receipt and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground under this chapter.
κ1973 Statutes of Nevada, Page 474 (CHAPTER 371, SB 208)κ
service district if the facilities of the public utility corporation therein are to be placed underground under this chapter.
2. Within 30 days of the receipt by the municipality of each such request, or, if the public utility corporation is the municipality, the petition, the governing body shall state, by resolution, the basis for the apportionment of such costs by assessments against such specially benefited lots, subject to the provisions of subsections 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true copy of the resolution pertaining to each public utility corporation requesting the basis of assessments to be furnished thereto.
[1.] 3. Within 120 days after receipt of [the petition,] such basis for assessments, or, if the public utility corporation is the municipality, after the adoption of the resolution, each public utility corporation serving the area shall:
(a) Make a study of the cost of providing new underground electric and communication facilities or conversion of its facilities in such area to underground service.
(b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.
[2.] 4. If a public utility corporation subject to the jurisdiction of the public service commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the public service commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. Nothing in this chapter [shall be construed to require] requires the public service commission of Nevada to participate in preparation of the joint report referred to in this section.
5. If a public utility corporation is a city or county and if it determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of its governing body, as provided by resolution so state in the joint report and proceed no further toward installation of the proposed service.
[3. If the provisions of subsection 2 are inapplicable,]
6. Except for the facilities of each public utility corporation described in subsection 4 or 5, if any, the joint report shall:
(a) Contain an estimate of the costs to be assessed to each lot [or parcel] of real property located with the proposed service district for the construction of new facilities or conversion of facilities within public places.
(b) Indicate the estimated cost to be assessed to each lot [or parcel] of real property for placing underground the facilities of the public utility corporation [or public agency] located within the boundaries of each [parcel or] lot.
(c) Indicate the estimated cost, if any, to be borne by the public utility corporation for any facilities to be provided by it and which shall remain its property rather than becoming property of [the service district or] owners of individual lots, [or parcels,] as provided by regulations of the public service commission of Nevada [, and] in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.
κ1973 Statutes of Nevada, Page 475 (CHAPTER 371, SB 208)κ
of the public service commission of Nevada [, and] in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.
[4.] 7. The costs of preparing the joint report shall be borne by the public utility corporation or corporations whose electric or communication facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district, in which event such costs shall be included in the costs of the service district.
Sec. 7. NRS 704A.190 is hereby amended to read as follows:
704A.190 1. A summary of the estimate of the costs to be assessed against each lot [or parcel] of real property located within the proposed service district for the new construction or conversion of facilities within public places and the estimated costs to be assessed to each lot [or parcel] of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot [or parcel] shall be mailed by the public utility corporation to each owner of real property located within the proposed service district to the address of such owner as contained in the petition for the cost study [.] , if such owner and address is included in the petition, or to such owner at the address thereof as shown in the records of the county assessor.
2. Two or more public utility corporations with facilities in the proposed service district, except for any public utility corporation described in subsection 4 or 5 of NRS 704A.180, may:
(a) Prepare a joint summary of such costs;
(b) Cause the joint summary so to be mailed to each owner of real property within the proposed service district; and
(c) Apportion the costs of so preparing and mailing the joint summary between or among such public utility corporations on an equitable basis as may be mutually agreeable thereto.
3. Any estimate of cost required or authorized in this chapter shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of any public utility corporation, the municipality, the governing body, or any officers, agents or employees thereof.
Sec. 8. NRS 704A.200 is hereby amended to read as follows:
704A.200 1. Within 90 days after the joint report referred to in NRS 704A.180 is made available to the petitioners, not less than 60 percent of the owners of real property within the area who own not less than 60 percent of the real property on a square foot basis within the area, excluding public places, may petition the governing body for establishment of a service district in the same area described in the original petition or petitions.
2. The petition shall be filed with the clerk [.] of the municipality.
Sec. 9. NRS 704A.210 is hereby amended to read as follows:
704A.210 1. Upon receipt of a petition to establish a service district, the governing body shall set a date for a hearing on the petition, which date shall not be later than 60 days after the filing of the petition with the clerk.
2. The clerk shall:
κ1973 Statutes of Nevada, Page 476 (CHAPTER 371, SB 208)κ
(a) Cause a notice of the hearing to be posted in not less than three public places within the proposed service district for not less than 30 days prior to the date of the hearing.
(b) Cause a notice of the hearing to be published once not less than 10 days preceding the date of the hearing in some newspaper having a general circulation in the proposed service district.
(c) Mail a notice of the hearing at least 15 days preceding the date of the hearing to:
(1) Each owner of a lot [or parcel] of real property within the boundaries of the proposed service district as reflected on the records of the county assessor.
(2) Each governmental agency having rights in public places within the proposed service district.
3. The costs of posting, publication and mailing required in this section shall be assessed by the governing body on a pro rata basis to each public utility corporation whose electric or communication facilities are to be included in the proposed service area, and if a service district is established such costs shall be included in the costs of the district.
Sec. 10. NRS 704A.240 is hereby amended to read as follows:
704A.240 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned the governing body shall give full consideration to all written objections which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.
2. If the governing body determines at the hearing that:
(a) The requirements for the establishment of a service district have been satisfied;
(b) Objections have not been filed in writing by more than 40 percent of the owners of real property within the proposed service district, or by owners of more than 40 percent of the real property on a square foot basis in the proposed service district;
(c) Considering all objections, the cost of construction or conversion as contained in the joint report prepared pursuant to NRS 704A.180 is economically and technically feasible for the public utility corporations involved and the owners of real property affected; and
(d) The proposed service district is a reasonably compact area of reasonable size,
the governing body shall enact an ordinance establishing the area as a service district.
3. The ordinance shall:
(a) State the costs to be assessed to each lot [or parcel] in the service district, which shall include the appropriate share of all costs referred to in NRS 704A.180 and 704A.210.
(b) Direct the public utility corporation owning overhead electric or communication facilities within the service district to construct or convert such facilities to underground facilities and, in the case of a public utility corporation other than a city or county, in accordance with standard underground practices and procedures approved by the public service commission of Nevada.
(c) State the method of levying assessments, the number of installments, and the times [in which] when the costs assessed will be payable.
κ1973 Statutes of Nevada, Page 477 (CHAPTER 371, SB 208)κ
4. Before enacting an ordinance establishing a service district, the governing body shall exclude by resolution or ordinance any territory described in the petition which the governing body finds will not be benefited by inclusion in the service district or for which territory construction or conversion is not economically or technically feasible.
5. The basis for apportioning the assessments:
(a) Shall be in proportion to the special benefits derived to each of the several lots comprising the assessable property within the service district; and
(b) Shall be on a front foot, area, zone or other equitable basis as determined by the governing body.
6. Regardless of the basis used for the apportionment of assessments, in cases of wedge or V or any other irregularly shaped lots, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
7. The assessable property in the service districts consists of the lots specially benefited by the construction or conversion of service facilities, except:
(a) Any lot owned by the Federal Government in the absence of consent of Congress to its assessment; and
(b) Any lot owned by the municipality.
Sec. 11. NRS 704A.280 is hereby amended to read as follows:
704A.280 1. Any party to the proceedings aggrieved by an ordinance of the governing body establishing the service district, as amended, if amended, and filing a written objection as provided in NRS 704A.240 and a written application for a rehearing as provided in NRS 704A.270, may commence an appropriate action in the district court of the county in which the service district is located to challenge the validity of the ordinance. No such action shall be commenced more than [90] 60 days after enactment of the ordinance [.] , or the last amendment thereto, if any, whichever is the later in time.
2. Any objection to the validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the application for rehearing shall be deemed waived in any hearing on assessments conducted by the governing body under NRS 704A.240 or in any judicial action under subsection 1 or under section 22 of this act unless such objection is presented in writing at the times and in the manner specified in this chapter by a written objection under NRS 704A.240, if such proceedings and instruments were theretofore taken, adopted or made, and by a written application for rehearing under NRS 704A.270.
Sec. 12. NRS 704A.290 is hereby amended to read as follows:
704A.290 If the governing body enacts an ordinance establishing a service district, the public utility corporation is not required to commence construction or conversion until:
1. The time for applying for a rehearing has expired and no application has been filed; or
2. If an application for a rehearing has been filed, the governing body has declined to repeal or amend the ordinance; and
3. Either the time for commencing an action in the district court has expired and no action has been commenced, or if an action has been commenced, [until] a final judgment upholding the validity of the ordinance has been rendered; and
κ1973 Statutes of Nevada, Page 478 (CHAPTER 371, SB 208)κ
commenced, [until] a final judgment upholding the validity of the ordinance has been rendered; and
4. Arrangements for financing the construction or conversion have been completed and moneys are available therefor from the issuance of interim warrants, or from the levy and collection of assessments and issuance of bonds [; and] , or otherwise; and
5. The public utility corporation has been provided with or acquired necessary easements or licenses satisfactory to it for installation and maintenance of underground electric and communication facilities.
Sec. 13. NRS 704A.300 is hereby amended to read as follows:
704A.300 1. The service facilities within the boundaries of each lot [or parcel] within an underground conversion service district shall be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the rules and regulations of the public utility corporation, but subject to the regulations of the public service commission in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, subject to any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot [or parcel] in the case of:
(a) An electric public utility, up to the service entrance.
(b) A communication public utility, to the connection point within the house or structure.
2. All costs of expenses of conversion shall be included in the costs on which the underground conversion cost for such property is calculated, as provided in this chapter.
Sec. 14. Chapter 704A of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 18, inclusive, of this act.
Sec. 15. 1. At any time after there occur the conditions stated in subsection 1 or in subsections 2 and 3 of NRS 704A.290, the governing body, by resolution, shall:
(a) Determine the total cost of the construction or conversion pertaining to the service district, including, without limitation, interest on any interim warrants relating thereto and all other incidental costs, based upon the actual costs known at the time of such determination of cost and otherwise upon the estimated costs stated in the joint report prepared under NRS 704A.180, as modified, if modified by the occurrence thereafter of factors affecting such costs and permitting their revision;
(b) Determine the net cost of the construction or conversion to be defrayed by special assessments;
(c) Order the municipal engineer to make out or to cause to be made out an assessment roll containing, among other matters:
(1) The name of each last-known owner of each lot to be assessed, or if not known, a statement that the name is unknown; and
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the resolution of the governing body adopted pursuant to subsection 2 of NRS 704A.180, but subject to the provisions of subsections 5 and 6 of NRS 704A.240; and
κ1973 Statutes of Nevada, Page 479 (CHAPTER 371, SB 208)κ
(d) Cause a copy of the resolution to be furnished by the municipal clerk to the municipal engineer.
2. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any lot, or if the same is assessed without the name of the owner or each owner, as the case may be, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such lot as though assessed in the name of the owner or each owner thereof, as the case may be; and when the assessment roll has been confirmed, such assessment shall become a lien on such lot and be collected as provided by law.
3. No assessment shall exceed the amount of the special benefits to the lot assessed nor exceed the amount of the reasonable market value of such lot for any one project for the construction or conversion of any one type of service facilities of a public utility corporation, as determined by the governing body.
Sec. 16. 1. Upon the receipt of the resolution designated in subsection 1 of section 15 of this act, the municipal engineer shall make an assessment roll.
2. When the roll is completed, the engineer shall report it to the governing body by filing it in the office of the municipal clerk.
3. Upon the receipt of the roll, the clerk shall number and otherwise identify it.
Sec. 17. 1. Upon the receipt of the assessment roll, the governing body, by resolution, shall:
(a) Fix a time and place when and where objections that may be made in writing or verbally concerning the same, by the owner of any lot or any other person interested, may be heard, subject to the provisions of subsection 2 of NRS 704A.280; and
(b) Order the municipal clerk to give notice of the hearing.
2. The clerk shall give notice of the assessment hearing by:
(a) Posting the notice in not less than three public places within the proposed service district for not less than 15 days prior to the date of the hearing;
(b) Causing the publication of the notice once not less than 10 days preceding the date of the hearing in some newspaper having a general circulation in the service district; and
(c) Mailing the notice at least 15 days preceding the date of the hearing to:
(1) Each owner of a lot of real property within the boundaries of the service district as reflected on the records of the county assessor; and
(2) Each governmental agency having rights in public places within the service district.
3. The estimated costs of posting, publication and mailing required by this section shall be included in the total cost of the construction or conversion pertaining to the service district and may be wholly or partially included in the net cost of such construction or conversion to be defrayed by the proposed special assessments.
4. The notice of the assessment hearing shall state, among other matters, that:
(a) The assessment roll is on file in the office of the municipal clerk;
κ1973 Statutes of Nevada, Page 480 (CHAPTER 371, SB 208)κ
(b) The date on which the roll was filed therein;
(c) The times, place and manner for the payment of the proposed assessments after their levy by the governing body by ordinance;
(d) The time and place for the assessment hearing when and where the governing body will hear all objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved; and
(e) Any objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each lot, shall be deemed waived unless filed in writing with the clerk at least 3 days prior to the assessment hearing, but subject to the provisions of subsection 2 of NRS 704A.280.
Sec. 18. 1. At the time and place so designated for the assessment hearing, the governing body shall hear and determine any written objection, filed as provided in paragraph (e) of subsection 4 of section 17 of this act, and any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure.
2. The governing body may adjourn the hearing from time to time.
3. The governing body, by resolution, shall have the power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.
Sec. 19. NRS 704A.320 is hereby amended to read as follows:
704A.320 1. [The governing body shall cause an assessment roll to be prepared.
2.] After the assessment roll is in final form and is confirmed by resolution, the governing body by ordinance shall, by reference to such assessment roll, levy the assessments in the roll.
[3.] 2. Such resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each lot. [and parcel of land.]
[4.] 3. Such determination by the governing body shall be conclusive upon the owners of the property assessed.
[5.] 4. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 20. Chapter 704A of NRS is hereby amended by adding thereto the provisions set forth as sections 21 and 22 of this act.
Sec. 21. 1. Any ordinance pertaining to the levy or collection of special assessments or to the sale, issuance or payment of interim warrants, bonds or coupons, or any combination thereof (but not to the establishment of a service district), may be adopted as if an emergency exists.
2. The governing bodys declaration, if any, in any ordinance that it is such an ordinance and may be so adopted shall be conclusive in the absence of fraud or gross abuse of discretion.
3. Such an ordinance may become effective at any time when an emergency ordinance of the municipality may go into effect.