κ1975 Statutes of Nevada, Page 481κ
Senate Bill No. 107Committee on Government Affairs
CHAPTER 338
AN ACT relating to state government; authorizing the governor to enter into mutual or reciprocal aid agreements with other governmental entities for police services; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governor may, on behalf of this state, enter into mutual or reciprocal aid agreements or compacts with other states or the Federal Government, either on a statewide or political subdivision basis. Prior to committing the personnel, equipment or facilities of any political subdivision of this state the governor shall consult with and obtain the approval of the law enforcement executive and the chief executive of each of the political subdivisions affected.
2. Such agreements shall be limited to furnishing or exchange of:
(a) Police services;
(b) Personnel necessary to provide or conduct such services; and
(c) Such other supplies, equipment, facilities, personnel and services as are needed to support such services.
3. The agreements may relate to the terms and conditions of mutual or reciprocal aid and to reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units and police units.
4. Any such agreement may not extend beyond the elected term of the governor of this state who entered into such agreement.
________
Senate Bill No. 180Committee on Finance
CHAPTER 339
AN ACT making an appropriation to the division of travel and tourism of the department of economic development to implement an advertising campaign to attract tourists to Nevada; and providing other matters properly relating thereto.
[Approved May 6, 1975]
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 travel and tourism of the department of economic development the sum of $200,000 to implement an advertising campaign to attract tourists to Nevada.
κ1975 Statutes of Nevada, Page 482 (CHAPTER 339, SB 180)κ
Sec. 2. After June 30, 1977, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 188Committee on Finance
CHAPTER 340
AN ACT making an additional and supplemental appropriation from the general fund in the state treasury to the Western Nevada community college for the purpose of purchasing library books; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury to the Western Nevada community college the sum of $200,000 for the purpose of purchasing library books as an additional and supplemental appropriation to that allowed and made by section 26 of chapter 769, Statutes of Nevada 1973.
Sec. 2. After June 30, 1977, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 142Committee on Finance
CHAPTER 341
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of paying costs of bond counsel, issuance of the prospectus and printing of the bonds connected with the proposed issue of state park bonds.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state board of examiners the sum of $8,000 for the purpose of paying the costs of bond counsel, issuance of the prospectus and printing of the bonds connected with the proposed issue of state park bonds in the amount of $1,200,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 483κ
Assembly Bill No. 80Committee on Government Affairs
CHAPTER 342
AN ACT relating to milk and milk products; providing that milk and milk products imported from outside the State of Nevada may be sold in this state without inspection by the health division of the department of human resources if certain requirements are satisfied; authorizing the health division to conduct certain inspections; transferring the power to deny, suspend or revoke sellers permits from the state board of health to the health division; increasing the length of time milk samples must be retained by the milk tester; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 584.205 is hereby amended to read as follows:
584.205 1. In addition to the initial inspection of new applicants, the state board of health shall, except as provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees in order to ascertain whether or not the services, facilities and equipment continue to comply with the regulations referred to in NRS 584.180 and 584.195.
2. Milk and milk products imported from outside the State of Nevada may be sold in this state without inspection by the health division of the department of human resources if:
(a) The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations; and
(b) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.
3. Whenever the health division has reasonable grounds to believe that a seller of milk or milk products is violating any of the rules, regulations or specifications promulgated by the state board of health relating to the sanitation and grading of milk and milk products, or that his facilities or products fail to meet the rules, regulations or specifications, or that his operation is in any other manner not in the best interests of the people of this state, the health division may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive.
Sec. 2. NRS 584.210 is hereby amended to read as follows:
584.210 1. Whenever the health division of the department of human resources [shall have] has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of NRS 584.180 to 584.210, inclusive, or any of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet such regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the [state board of health is authorized and empowered,] health division of the department of human resources may, after a hearing, [to] refuse to grant a permit or suspend or revoke any or all permits previously issued.
κ1975 Statutes of Nevada, Page 484 (CHAPTER 342, AB 80)κ
products do not meet such regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the [state board of health is authorized and empowered,] health division of the department of human resources may, after a hearing, [to] refuse to grant a permit or suspend or revoke any or all permits previously issued.
2. The [board] health division shall cite the permittee, upon notice stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended. The permittee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.
3. The [board shall have the power to] health division may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and [to] provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.
4. If, upon hearing, the [board] health division is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the [board shall have the power to] health division may revoke or suspend the permit summarily.
5. The findings of the [board] health division and the judgment or order shall be reduced to writing and filed in the permanent public records of the [board.] health division. The findings shall state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies shall be furnished to the applicant or permittee, and he may, within [30] 15 days after the denial, suspension or revocation of the permit, file an appeal with the state board of health. Within 30 days after the final decision of the board, he may file for judicial review thereof in the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state. Upon the filing [of the appeal,] for appeal or review, the enforcement of the [boards] health divisions order shall be stayed pending final disposition of the [appeal.] matter. If the order is judicially affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.
6. In any case where the [board] health division refuses to issue a permit, or suspends or revokes a permit, the applicant or accused [shall have] has the right to submit another application for the consideration of the [board.] health division.
Sec. 3. NRS 584.245 is hereby amended to read as follows:
584.245 A licensed tester also shall retain in testable condition a sample of all milk or cream so tested by him for a period of not less than [24] 72 hours after such tests of milk or cream have been made. The tester shall be responsible for the safekeeping of such samples of milk or cream and shall retain the same in his custody for such period of time.
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κ1975 Statutes of Nevada, Page 485κ
Senate Bill No. 311Senators Brown, Gibson, Dodge, Close, Monroe, Lamb, Bryan, Wilson, Blakemore, Neal, Gojack, Echols, Walker, Sheerin, Young, Raggio, Foote, Hilbrecht, Herr and Schofield
CHAPTER 343
AN ACT relating to property tax assistance for senior citizens of limited incomes; expanding the class of recipients eligible thereunder; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
[Approved May 6, 1975]
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 the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. Senior citizen means any person who is a resident of this state and will attain the age of 62 years on or prior to the first day of the assessment year for which he submits a claim.
Sec. 3. 1. A claim may be filed with the assessor of the county in which the claimants home is located.
2. The claim shall be made under oath or affirmation and filed in such form and content, and accompanied by such proof, as the commission may prescribe pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act.
3. The county assessor shall furnish the appropriate form or forms to each claimant.
Sec. 4. 1. A claim of a homeowner whose home is placed upon the secured tax roll may be filed between January 15 and March 15, inclusive, of each assessment year as to which he seeks assistance.
2. A claim of a homeowner whose home is placed upon the unsecured tax roll may be filed between January 15 and March 15, inclusive, next preceding each assessment year as to which he seeks assistance.
3. A claim of a home renter may be filed between July 1 and August 15, inclusive, next following the assessment year during which he occupied and rented his home.
Sec. 5. The county assessor shall examine each homeowners claim, granting or denying it, and if granted, shall determine the percentage discount to which the claimant is entitled.
Sec. 6. By not later than May 1 of the assessment year, the county assessor shall furnish the auditor of his county with a statement showing the property description or parcel number, name and address of claimant, and the percentage discount for each claim granted for the assessment year under subsection 1 of NRS 361.833 to a claimant whose home is placed upon the secured tax roll.
Sec. 7. 1. After the county auditor extends the secured tax roll, he shall adjust the roll to show the percentage discounts, the dollar allowances and the amounts of tax, if any, remaining due as a result of homeowners claims granted under subsection 1 of NRS 361.833.
2. By not later than June 1 of the assessment year, the county auditor shall deliver the extended tax roll, so adjusted, to the ex officio tax receiver of the county and shall also send the commission a statement itemizing the adjustments.
κ1975 Statutes of Nevada, Page 486 (CHAPTER 343, SB 311)κ
Sec. 8. 1. The ex officio tax receiver of the county shall make such corresponding adjustments to the individual property tax bills, prepared from the secured tax rolls, as are necessary to notify the homeowners of the allowances granted them under subsection 1 of NRS 361.833.
2. After June 1, but not later than June 15, of each assessment year, the ex officio tax receiver shall send a demand to the commission for reimbursement of his county in the aggregate amount of such homeowners allowances granted for that year.
Sec. 9. 1. After granting the claim of a homeowner whose home is placed upon the unsecured roll, the county assessor shall determine the amount of assistance to be allowed the claimant under subsection 2 of NRS 361.833 and shall credit the claimants individual property tax account accordingly.
2. The county assessor shall send the commission a statement itemizing the allowances furnished to each such claimant for each assessment year and shall demand reimbursement of the county in the aggregate amount of the allowances.
Sec. 10. Upon receiving a home renters claim, the county assessor shall forward it to the commission.
Sec. 11. 1. Upon verification and audit of each statement from a county concerning homeowners claims granted for an assessment year, the commission shall authorize reimbursement of the county by the state.
2. The reimbursement shall be paid out of the funds appropriated to the senior citizens property tax assistance account, in the same manner as other moneys in the state treasury are disbursed.
3. The reimbursement due on a statement submitted under subsection 2 of section 7 of this act shall be authorized by the commission not later than July 31 next following the assessment year for which the allowances are granted. Warrants for such reimbursement shall be issued to the ex officio tax receiver of the county not later than August 15 of each such year.
4. The reimbursement due on a statement submitted under subsection 2 of section 9 of this act shall be authorized promptly by the commission. Warrants for such reimbursement shall be issued to the county ex officio tax receiver.
5. If, prior to issuing a countys reimbursement, the commission disallows through audit any claim a county assessor has allowed, the commission shall adjust the countys reimbursement accordingly. In the event the commission has already reimbursed the county for its statement of claims, the commission shall make a demand on the county for the return of that amount of overpayment. If the county fails to return the overpayment within a reasonable time after demand, the commission may bring a civil action to recover such overpayment or, in the alternative, may withhold the amount of the overpayment from subsequent reimbursements.
6. If the commission determines that audits of claims are needed for the purpose of determining if a county assessor accurately processed claims and calculated discounts, and if commission personnel are not capable of auditing a sufficient number of the claims, then the commission may expend not more than $20,000 of the moneys in the senior citizens property tax assistance account for the purpose of contracting with qualified individuals to assist in conducting such audit.
κ1975 Statutes of Nevada, Page 487 (CHAPTER 343, SB 311)κ
Sec. 12. Upon verification and audit of each home renters claim for an assessment year, and not later than November 15 next following that year, the commission shall authorize the claim to be paid by the state from the funds appropriated to the senior citizens property tax assistance account, in the same manner as other moneys in the state treasury are disbursed. Warrants for the amounts determined to be due on the home renters claims shall be issued directly to the individual claimants.
Sec. 13. No right to assistance under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act survives the death of the claimant except where his claim has been submitted prior to death.
Sec. 14. Any grant of assistance under an improper claim may be revoked by the county assessor or commission within 2 years after the filing of the claim. When a grant is revoked, the claimant shall make restitution to the state or county for any assistance he has received under the improper claim, and the state or the county shall take all proper action to collect the amount of the assistance as a debt.
Sec. 15. Any person who in order to secure for himself or another the assistance provided in NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act willfully makes a materially false statement is guilty of a gross misdemeanor.
Sec. 16. NRS 361.800 is hereby amended to read as follows:
361.800 NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act shall be known and may be cited as the Senior Citizens Property Tax Assistance Act.
Sec. 17. NRS 361.803 is hereby amended to read as follows:
361.803 1. The legislature finds that:
(a) Senior citizens of this state live, as a rule, on limited retirement incomes which remain fixed while property taxes and other costs constantly rise.
(b) The erosion of senior citizens income in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving insufficient funds for other things essential to their well-being.
(d) Many senior citizens who rent their homes also pay an excessive portion of their income into property taxes through the media of rent payments.
(e) Fifteen percent of the rent senior citizens pay for the occupancy of their homes approximates their contribution toward residential property taxes.
2. The legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive residential property tax burden in relation to income.
(b) The purpose of NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act is to provide relief to eligible senior citizens, through a system of property tax refunds and [appropriations] transfers from the senior citizens property tax assistance [fund and to provide the several counties with the option to participate in providing such relief.]
κ1975 Statutes of Nevada, Page 488 (CHAPTER 343, SB 311)κ
provide the several counties with the option to participate in providing such relief.] account.
Sec. 18. NRS 361.805 is hereby amended to read as follows:
361.805 For purposes of NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act, the terms listed in NRS 361.807 to 361.830, inclusive, have the meanings ascribed to them in such sections.
Sec. 19. NRS 361.810 is hereby amended to read as follows:
361.810 Claim means an application for senior citizens property tax assistance made pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act, and a claimant is a person who files [a claim under NRS 361.800 to 361.877, inclusive, and who, at the time of filing his claim, is 65 years of age or over and is domiciled in this state.] such an application. When two individuals of a household are able to meet the qualifications for a claimant, they may determine between them as to who the claimant shall be. If they are unable to agree, the matter shall be referred to the secretary of the Nevada tax commission and his decision shall be final. In no event should there be more than one claim filed for any home.
Sec. 20. NRS 361.815 is hereby amended to read as follows:
361.815 1. Home means residential living quarters located in Nevada. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 1 acre, as well as out-buildings and facilities reasonably necessary for use of the unit as residential living quarters.
2. The term home includes: [a]
(a) A mobile home. [Home also includes that]
(b) That home, mobile home or dwelling of which the claimant is in possession under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.
(c) Group care facilities required to be licensed by the health division of the department of human resources, pursuant to NRS 449.001 to 449.240, inclusive.
Sec. 21. NRS 361.833 is hereby amended to read as follows:
361.833 [Subject to the limitations contained in NRS 361.800 to 361.877, inclusive, a claimant is entitled to a refund from the state in an amount equal to the amount by which the accrued property taxes upon his home exceed 7 percent of his household income. In no event shall the refund from the state exceed the amount of the accrued property tax or $300, whichever is less.]
1. A senior citizen whose home is placed upon the secured tax roll, who owns and occupies the home the day he files his claim and whose household income is not over $10,000 is entitled to an allowance against the property tax accrued during that assessment year against his home to the extent determined by discounting such tax by the percentage shown opposite his household income range on the schedule below:
κ1975 Statutes of Nevada, Page 489 (CHAPTER 343, SB 311)κ
PERCENT TAX
INCOME RANGE Percent of Claimants
If the Amount of Property tax
Applicants Household But Not Accrued Allowable
Income Is Over Over as Assistance Is
$0 — $999 90
1,000 — 1,999 80
2,000 — 2,999 65
3,000 — 3,999 55
4,000 — 4,999 45
5,000 — 5,999 40
6,000 — 6,999 30
7,000 — 10,000 10
2. A senior citizen whose home is placed upon the unsecured tax roll, who owns and occupies the home on the date he files his claim and whose household income is not over $10,000 is entitled to an allowance against the personal property tax which accrues against his home in the next following assessment year to the extent determined by discounting such tax in accordance with the schedule in subsection 1.
3. In no event shall the discount or refund exceed the amount of the accrued property tax paid by the claimant or $300, whichever is less.
Sec. 22. NRS 361.835 is hereby amended to read as follows:
361.835 A [claimant] senior citizen who rents and occupies his home for an entire assessment year, [and] who remains in the same home for at least 6 months of that year and whose household income is not over $10,000 is entitled to the same [refund,] percentage discount, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax, as is provided for a homeowner under NRS 361.833.
Sec. 22.5. NRS 361.843 is hereby amended to read as follows:
361.843 [No claim shall be accepted by the Nevada tax commission if the claimant owes delinquent property taxes on the property which is claimed as a home and which became delinquent while the claimant owned such home.] If any claimant is entitled to a discount or a refund pursuant to NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act and at the time is delinquent in any property taxes on the property claimed as a home, the amount of the discount or refund shall apply as a credit against such delinquent taxes.
Sec. 23. NRS 361.850 is hereby amended to read as follows:
361.850 A claimant may receive assistance under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act though such claimant also receives a property tax exemption as a widow, blind person or veteran.
Sec. 24. NRS 361.853 is hereby amended to read as follows:
361.853 1. [Funds to carry out the provisions of NRS 361.800 to 361.877, inclusive,] Moneys to pay for assistance granted to senior citizens under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act shall be provided by legislative appropriation from the general fund in the state treasury.
κ1975 Statutes of Nevada, Page 490 (CHAPTER 343, SB 311)κ
the general fund in the state treasury. The moneys so appropriated shall be [deposited in] transferred to an account in the general fund to be known as the senior citizens property tax assistance [fund.] account.
2. [All refunds shall be made by warrants drawn by the state controller upon the senior citizens property tax assistance fund.
3. Any unexpended funds remaining in the senior citizens property tax assistance fund after all claims have been paid shall remain in such fund and shall not revert to the general fund.
4. Refunds shall be mailed to the claimant on or before the 1st Monday in November following receipt by the commission of the claim. If the secretary of the commission authorizes a late filing of a claim, the refund shall be mailed not later than 30 days after receipt of such claim by the commission.
5.] The secretary of the commission [shall] may, from time to time, obtain from the state controller a statement of the balance in the senior citizens property tax assistance [fund on September 1 of each year.] account. The secretary shall provide for full refunds of all just claims, [under the provisions of NRS 361.833,] provided that the total amount of such claims does not exceed the [September 1 fund balance.] balance in the account. The secretary shall proportionately reduce each claim when the total amount of all claims exceeds the [September 1 fund balance.] balance in the account. Moneys for the administration of NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act shall be provided by legislative appropriation and transfer to the senior citizens property tax assistance account. From this account the sum of $2 shall be allowed to each county assessor for each homeowners claim filed and $2 to the commission for each home renters claim forwarded to it.
Sec. 24.5. NRS 361.865 is hereby amended to read as follows:
361.865 A claim shall be disallowed if the secretary of the Nevada tax commission finds that the claimant received title to his home primarily for the purpose of obtaining benefits under the provisions of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act. If such a claimant has received a refund and if he does not repay it together with a 10 percent penalty to the state, the refund amount and penalty shall be assessed against the property claimed as his home.
Sec. 25. NRS 361.870 is hereby amended to read as follows:
361.870 1. Any claimant aggrieved by a county assessors decision which denies assistance claimed under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act may have a review of the denial before the secretary of the commission if within 30 days after the claimant receives notice of the denial he submits a written petition for review to the commission.
2. Any [person] claimant aggrieved by the denial in whole or in part of relief claimed under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act, or by any other final action or review of the secretary of the Nevada tax commission, is entitled to judicial review thereof. Proceedings for such review must be instituted within 30 days after the claimant has received notice of such final action.
Sec. 26. NRS 361.873 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 491 (CHAPTER 343, SB 311)κ
361.873 1. The commission is responsible for the overall administration of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act.
2. The commission may:
(a) Specify by regulation any other kind of income for the purpose of NRS 361.823.
(b) Prescribe the content and form of claims.
(c) Designate the kind of proof to be required for substantiation of claims.
(d) Establish criteria for determining when a claim may be filed by one eligible person without the consent of all others eligible in the same household for the same assessment year.
(e) Prescribe that a claimants ownership of his home must be shown of record.
(f) Provide by regulation that a vendee in possession of his home under an installment sale contract and responsible for paying the property taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearest dollar and limit issuance of warrants to $5 or over.
(h) Verify and audit any claims, statements or other records made pursuant to this act.
(i) Adopt and promulgate regulations to safeguard the confidentiality of information supplied by claimants.
(j) Provide by regulation for a limited extension of time to file a claim in cases of hardship.
(k) Adopt and promulgate such other regulations as may be required to effectuate the purposes of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act.
Sec. 27. NRS 361.875 is hereby amended to read as follows:
361.875 All functions of the commission under NRS 361.800 to 361.877, inclusive, and sections 2 to 15, inclusive, of this act are subject to the Nevada Administrative Procedure Act (chapter 233B of NRS).
Sec. 28. NRS 361.877 is hereby amended to read as follows:
361.877 No person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of NRS 361.800 to 361.877, inclusive [.] , and sections 2 to 15, inclusive, of this act.
Sec. 29. NRS 361.837, 361.840, 361.847, 361.855, 361.857 and 361.863 are hereby repealed.
Sec. 30. There is hereby appropriated from the general fund in the state treasury for senior citizens property tax assistance:
1. For the fiscal year 1975-76, the sum of $1,200,000.
2. For the fiscal year 1976-77, the sum of $1,200,000.
Sec. 30.5. 1. Notwithstanding the provisions of section 4 of this act, any claim of a homeowner, whose home is placed on either the secured or the unsecured tax roll, may be filed, for the first year, on or before June 1, 1975.
2. If a claimant, on or before December 31, 1975, can satisfy the secretary of the Nevada tax commission that good cause exists for a late filing of any claim the secretary of the Nevada tax commission may accept and process such claim and authorize a refund, to such claimant, from the moneys appropriated to the senior citizens property tax assistance account calculated pursuant to NRS 361.833.
κ1975 Statutes of Nevada, Page 492 (CHAPTER 343, SB 311)κ
and process such claim and authorize a refund, to such claimant, from the moneys appropriated to the senior citizens property tax assistance account calculated pursuant to NRS 361.833.
Sec. 31. Chapter 197, Statutes of Nevada 1975 is hereby repealed.
Sec. 32. On July 1, 1975, any moneys remaining in the senior citizens property tax assistance fund shall revert to the state general fund.
Sec. 33. This act shall become effective upon passage and approval.
________
Assembly Bill No. 47Assemblymen Howard, Jacobsen and Young
CHAPTER 344
AN ACT relating to agricultural products and seeds; providing assessments for the conduct of alfalfa seed research and promotional projects; creating an alfalfa seed advisory board; establishing an alfalfa seed research and promotion fund; and providing other matters properly relating thereto.
[Approved May 6, 1975]
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 the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 3 to 14, inclusive, of this act unless the context requires otherwise:
1. Advisory board means the alfalfa seed advisory board.
2. Alfalfa seed means the seed that is harvested from any variety of alfalfa plant.
3. Dealer means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed.
4. Department means the state department of agriculture of the State of Nevada.
5. Grower means any landowner personally engaged in growing alfalfa seed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices or arrangements that grow alfalfa seed.
Sec. 3. The alfalfa seed advisory board consisting of seven members is hereby created.
Sec. 4. 1. Six members of the advisory board shall be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Alfalfa seed growers actively engaged in the growing and producing of alfalfa seed in the State of Nevada with a substantial portion of their income derived from growing alfalfa seed.
2. One member of the board shall be:
(a) A citizen of the United States; and
κ1975 Statutes of Nevada, Page 493 (CHAPTER 344, AB 47)κ
(b) A dealer who is and has been actively engaged as a dealer in alfalfa seed in the State of Nevada.
Sec. 5. 1. The members of the advisory board shall serve without pay.
2. Each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 6. The advisory board shall have:
1. Only such powers and duties as are authorized by law; and
2. The following powers and duties:
(a) To elect a chairman and such other officers as they deem advisable.
(b) To prepare a budget or budgets covering anticipated income and expenses for utilization of the funds deposited to the alfalfa seed research and promotion fund.
(c) To adopt procedures for filing with the advisory board any proposed alfalfa seed research projects or market promotion projects.
(d) To prepare and present to the state board of agriculture a program for research in the production, harvesting, processing, distribution and market promotion of alfalfa seed. The program shall recommend an individual or agency to conduct or manage each project, recommend the time period for each project and shall recommend the budget allocation.
Sec. 7. 1. The state board of agriculture shall have the following powers and duties:
(a) To appoint the members of the advisory board, to fix their term of office and to fill all vacancies.
(b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the advisory board.
(c) To accept grants, donations, and gifts for expenditure for any purpose consistent with sections 2 to 14, inclusive, of this act. All funds so received shall be credited to the alfalfa seed research and promotion fund.
(d) To administer, enforce and control the collection of assessments levied for the alfalfa seed research and promotion fund.
(e) To authorize payments from the alfalfa seed research and promotion fund upon the recommendation of the advisory board.
(f) To contract with individuals or agencies for the conduct or management of research and market promotion projects.
(g) To adopt regulations to carry out the provisions of sections 3 to 14, inclusive, of this act.
2. Moneys from the state general fund shall not be utilized by the state board of agriculture in implementing the provisions of sections 2 to 14, inclusive, of this act. Expenditures for such purposes shall be made only from the alfalfa seed research and promotion fund created by section 15 of this act, and shall be subject to the limitations stated in such section.
Sec. 8. 1. The department shall, on or before August 1 of each year, fix an annual special assessment not to exceed 50 cents per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in this state. The department shall collect the assessment and transmit the proceeds to the state treasurer for credit to the alfalfa seed research and promotion fund.
κ1975 Statutes of Nevada, Page 494 (CHAPTER 344, AB 47)κ
2. On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for refund with the department, accompanied by a receipt showing such payment. Upon verification of the correctness of the claim, the department shall transmit it to the state controller for payment from the alfalfa seed research and promotion fund.
Sec. 9. All assessments levied pursuant to the provisions of section 8 of this act shall be paid to the department by the person, either grower or dealer, by whom the alfalfa seed was first handled in the primary channels of the trade and shall be paid within 60 days after the date on which the grower received payment for the alfalfa seed. If the person first handling the alfalfa seed in the primary channels of trade is a person other than the grower, he may charge against or recover from the grower the full amount of any assessment paid by him under section 8 of this act.
Sec. 10. Any grower or dealer who fails to file a return or to pay any assessment pursuant to section 8 of this act within the time required shall forfeit to the department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after the end of the month in which such return was required to be filed or in which such assessment become due. The department, if satisfied the delay was excusable, may remit all or any part of the penalty. The penalty shall be paid to the department and deposited for credit to the alfalfa seed research and promotion fund.
Sec. 11. Any assessment levied shall constitute a personal debt of every person so assessed. If such person fails to pay the assessment, including all penalties, the department may, at any time within 3 years from the date of delinquency, maintain a civil action against such person to recover the amount of such delinquent assessment and penalties.
Sec. 12. 1. Every dealer shall maintain accurate records of all Nevada alfalfa seed handled, packed, shipped or processed by him.
2. The records shall be:
(a) In such form and contain such information as the state board of agriculture may require;
(b) Preserved for a period of 2 years; and
(c) Subject to inspection at any reasonable time at the request of the state board of agriculture or of the department.
Sec. 13. Alfalfa seed growers who ship their alfalfa seed directly to dealers outside the State of Nevada shall remit assessment fees to and file such reports as are required with the department.
Sec. 14. Any person who violates any of the provisions of sections 2 to 14, inclusive, of this act is guilty of a misdemeanor.
Sec. 15. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The alfalfa seed research and promotion fund is hereby created. The proceeds of the special assessment levied pursuant to section 8 of this act shall be credited to the alfalfa seed research and promotion fund and all refunds made pursuant to section 8 of this act shall be paid from the alfalfa seed research and promotion fund.
2. Expenditures from the alfalfa seed research and promotion fund shall be made only for:
κ1975 Statutes of Nevada, Page 495 (CHAPTER 344, AB 47)κ
(a) Alfalfa seed research and marketing promotion programs;
(b) Administrative, per diem and travel expenses of the alfalfa seed advisory board; and
(c) Reimbursement to the department for administrative expenses of the department, not to exceed 5 percent of the assessments collected.
3. Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for special revenue funds and the provisions of the fiscal and accounting procedures law.
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Senate Bill No. 521Committee on Judiciary
CHAPTER 345
AN ACT relating to administrative procedure; clarifying entitlement to seek judicial review of a final decision in a contested case.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233B.130 is hereby amended to read as follows:
233B.130 1. Any [person] party aggrieved by a final decision in a contested case is entitled to judicial review thereof under this chapter. [Nothing in this section shall be deemed to] This section does not limit utilization of trial de novo review where provided by statute, but this section [shall provide] provides alternative means of review in those cases. Any preliminary, procedural or intermediate agency act or ruling [shall be] is immediately reviewable in any case in which review of the final agency decision would not provide an adequate remedy.
2. Proceedings for review shall be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides, or in and for the county where the act on which the proceeding is based occurred, within 30 days after the service of the final decision of the agency or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition shall be served upon the agency and all other parties of record.
________
κ1975 Statutes of Nevada, Page 496κ
Senate Bill No. 475Committee on Government Affairs
CHAPTER 346
AN ACT relating to the registration of electors in incorporated cities; requiring county registrars of voters to deposit receipts from cities for services rendered in the general fund of the county; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.583 is hereby amended to read as follows:
293.583 1. As full compensation for all services rendered under the provisions of NRS 293.570 to 293.580, inclusive, the county registrar shall be entitled to receive on behalf of the county the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.
2. His account shall be:
(a) A valid claim against the city.
(b) Made out so as to show clearly the number of names copied by him.
(c) Sworn to and filed with the city council or other governing body of the city.
3. His claim, together with all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the requirements of NRS 293.570 to 293.580, inclusive, shall be audited and paid out of the general fund of the city.
4. All moneys received by the county registrar pursuant to this section shall be deposited by him to the credit of the general fund of the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 426Senators Herr and Raggio
CHAPTER 347
AN ACT relating to the bicentennial commission; providing that on termination of the commission all its historical records shall be transferred to the division of state, county and municipal archives in the office of the secretary of state.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233E.140 is hereby amended to read as follows:
233E.140 The commission shall be terminated on June 30, 1977. All historical [property] records of the commission shall then be transferred to the [Nevada historical society.] division of state, county and municipal archives in the office of the secretary of state.
________
κ1975 Statutes of Nevada, Page 497κ
Senate Bill No. 423Committee on Finance
CHAPTER 348
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 370Committee on Finance
CHAPTER 349
AN ACT relating to the state board of education; providing compensation for members while attending meetings of the board; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 385.050 is hereby amended to read as follows:
385.050 1. [The members of the state board of education shall receive no compensation for their services.
2. Members shall be allowed their traveling and subsistence expenses incurred in attending meetings of the board at the rate authorized by law.] Each member of the state board of education shall receive:
(a) Compensation of not more than $40 per day for attending each meeting of the board, not to exceed 8 meetings in any calendar year; and
(b) His traveling and subsistence expenses as provided by law while attending meetings of the board.
2. Claims for compensation and expenses shall be approved by the superintendent of public instruction and the state board of examiners, and shall be [allowed and] paid from funds provided by direct legislative appropriation from the state general fund as other claims against the state are [allowed and] paid.
________
κ1975 Statutes of Nevada, Page 498κ
Senate Bill No. 348Senator Walker
CHAPTER 350
AN ACT authorizing the state land register to exchange or sell certain state real property situated in Washoe County upon direction by the director of the department of human resources; and providing other matters properly relating thereto.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other law of the State of Nevada, the state land register on behalf of the State of Nevada, and any of its boards, commissions and agencies, is hereby authorized, subject to the conditions prescribed in section 2, to exchange upon such arrangements as may be made by the director of the department of human resources, or to sell for cash and convey to the purchaser upon receipt of payment, if the administrator directs disposition by either means, all or part of that certain real property owned by the State of Nevada and situated in the County of Washoe, State of Nevada, described as follows:
Parcel C — Commencing at the west 1/4 corner of Section 8, Township 19 North, Range 20 East, M.D.M.; thence North 0Ί30′43″ East, 977.71 feet; thence South 81Ί36′06″ East, 177.91 feet to the true point of beginning; thence from the true point of beginning South 81Ί36′06″ East, 321.09 feet; thence North 8Ί23′24″ East, 180.00 feet; thence South 81Ί36′06″ East, 459.83 feet; thence South 8Ί23′24″ West, 504.22 feet; thence North 88Ί50′00″ West, 733.94 feet; thence North 1Ί10′00″ East, 419.95 feet; to the true point of beginning, being a portion of Blocks 28, 30, 31 and 41 of the Town, now City of Sparks, Washoe County, Nevada, formerly known as New Wadsworth and Harriman, according to the map thereof filed in the office of the County Recorder, Washoe County, State of Nevada, on April 23, 1904, and containing 8.344 acres, more or less, and situate in the northwest 1/4 of Section 8, T. 19 N., R. 20 E., M.D.M.
Parcel D — Commencing at the west 1/4 corner of Section 8, T. 19 N., R. 20 E., M.D.M., as shown on the Amended Record of Survey Defining Lands of the Nevada State Hospital filed for record on the 24th day of May, 1968, File No. 116007, Washoe County, Nevada, and proceeding thence along the west line of said Section 8, N. 00Ί 30′43″ E. 70.00 feet; thence S. 88Ί51′10″ E. 70.03 feet to the true point of beginning; thence from said true point of beginning S. 88Ί51′10″ E. 95.10 feet; thence N. 01Ί10′00″ E. 885.33 feet; thence N. 81Ί36′06″ W. 132.50 feet; thence S. 00Ί45′00″ W. 872.28 feet; thence along the arc of a tangent curve to the left having a central angle of 89Ί36′10″, a radius of 30.00 feet, and an arc length of 46.92 feet, to the true point of beginning.
Containing an area of 2.625 acres of land, more or less, and situate in the NW 1/4 of Section 8, T. 19 N., R. 20 E., M.D.M.
Sec. 2. The real property described in subsection 1 may be sold or exchanged subject to the following conditions:
κ1975 Statutes of Nevada, Page 499 (CHAPTER 350, SB 348)κ
1. The real property shall first be appraised by a competent appraiser and his appraisal shall be approved by the director of the department of human resources.
2. If the real property is to be exchanged, it may be exchanged only for real property of substantially equivalent value or real property and money.
3. If the real property is to be sold, the sale must be conducted by public auction or sealed bids. Proceeds will be utilized for the purchase of a site for the childrens behavioral services in Washoe County or for capital improvement at the Nevada mental health institute.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 334Committee on Finance
CHAPTER 351
AN ACT relating to transportation for school pupils; increasing the amount a school district may pay for a school pupils food and lodging in lieu of furnishing transportation.
[Approved May 6, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 392.350 is hereby amended to read as follows:
392.350 1. When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed [$3] $6 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town, having a public school, in this state or in an adjoining state. If such public school is in an adjoining county, or in an adjoining state, costs for tuition and transportation or for tuition and subsistence may be fixed by agreement between the boards of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.
2. Payment of money in lieu of furnishing transportation may be made only if:
(a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and
(b) The state department of education approves.
________
κ1975 Statutes of Nevada, Page 500κ
Senate Bill No. 162Senator Monroe
CHAPTER 352
AN ACT making an appropriation to the Nevada American revolution bicentennial commission to support the operating needs of the commission during the biennium ending June 30, 1977; and providing other matters properly relating thereto.
[Approved May 6, 1975]
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 Nevada American revolution bicentennial commission the sum of $100,000 for the biennium beginning July 1, 1975, and ending June 30, 1977, for the purpose of supporting the operating needs of the commission.
Sec. 2. After June 30, 1977, the unexpended balance of the appropriation made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
________
Assembly Bill No. 256Committee on Labor and Management
CHAPTER 353
AN ACT relating to employees; increasing the minimum wage payable to certain employees; providing exceptions with respect to certain types of employment; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 608.250 is hereby amended to read as follows:
608.250 1. The minimum wages which may be paid to [male persons] employees in private employment within the state are as follows:
(a) For minors: [under 18 years of age:]
(1) From [July 1, 1973, until July 1, 1974, $1.65 per hour.] July 1, 1975, until January 1, 1976, $1.95 per hour.
(2) From [July 1, 1974, $1.85 per hour.] January 1, 1976, $2.15 per hour.
(b) For persons 18 years of age or older:
(1) From [July 1, 1973, until July 1, 1974, $1.80 per hour.] July 1, 1975, until January 1, 1976, $2.10 per hour.
(2) From [July 1, 1974, $2 per hour.] January 1, 1976, $2.30 per hour.
2. The minimum wages which shall be paid to employees within the state who are included within the provisions of 29 U.S.C. § 206(a)(5) (Fair Labor Standards Act of 1938, as amended) are as follows:
κ1975 Statutes of Nevada, Page 501 (CHAPTER 353, AB 256)κ
(a) From July 1, 1975, until January 1, 1976, $1.80 per hour.
(b) From January 1, 1976, until January 1, 1977, $2 per hour.
(c) From January 1, 1977, until January 1, 1978, $2.20 per hour.
(d) From January 1, 1978, $2.30 per hour.
3. The minimum wages which shall be paid to employees within the state who are included within the provisions of 29 U.S.C. § 206(b) (Fair Labor Standards Act of 1938, as amended) are as follows:
(a) From July 1, 1975, until January 1, 1976, $2 per hour.
(b) From January 1, 1976, until January 1, 1977, $2.20 per hour.
(c) From January 1, 1977, $2.30 per hour.
4. The provisions of subsection 1 do not apply to: [persons in domestic service, in an agricultural pursuit or an outside salesman.]
(a) Casual babysitters.
(b) Domestic service employees who reside in the household where they work.
(c) Outside salespersons whose earnings are based on commissions.
(d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agricultural labor in any calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
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Assembly Bill No. 376Assemblymen Hickey, Polish, Mann, Banner, Price, Schofield and Murphy
CHAPTER 354
AN ACT relating to justices courts; increasing fees of justice of the peace for performing marriages.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Justices of the peace shall be allowed the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action............................................................................................................................ $7.00
(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS............................................................................................ 5.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance, if the appearance or answer is oral.................................................... 2.00
For every additional defendant, appearing separately................................... 1.00
κ1975 Statutes of Nevada, Page 502 (CHAPTER 354, AB 376)κ
(d) No fee shall be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention................................................. $2.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court, after the issuance of four such writs..................................................................................................................... 1.00
(g) For filing a notice of appeal, and appeal bonds....................................... 1.00
One charge only shall be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designated to enforce a judgment or order of the court.............................................................................................................................. 1.00
(i) For preparation and transmittal of transcript and papers on appeal...... 10.00
(j) For taking depositions in actions or other matters not pending before the court, per folio............................................................................................................................... .35
(k) For issuing a search warrant or commitment............................................. 1.00
(l) For celebrating a marriage and returning the certificate to the county recorder [5.00] 10.00
(m) For entering judgment by confession, as in the district court.............. 3.00
2. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
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Assembly Bill No. 381Assemblyman Coulter
CHAPTER 355
AN ACT relating to privileges; expanding the news medias privilege of nondisclosure; extending the privilege to certain materials acquired or prepared in professional capacity; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 49.275 is hereby amended to read as follows:
49.275 No reporter [or] , former reporter or editorial employee of any newspaper, periodical [,] or press association or employee of any radio or television station may be required to disclose any published or unpublished information obtained or prepared by such person in such persons professional capacity in gathering, receiving or processing information for communication to the public, or the source of any information procured or obtained by such person, in any legal proceedings, trial or investigation:
κ1975 Statutes of Nevada, Page 503 (CHAPTER 355, AB 381)κ
1. Before any court, grand jury, coroners inquest, jury or any officer thereof.
2. Before the legislature or any committee thereof.
3. Before any department, agency or commission of the state.
4. Before any local governing body or committee thereof, or any officer of a local government.
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Senate Bill No. 169Committee on Health, Welfare and State Institutions
CHAPTER 356
AN ACT relating to the state welfare board; revising restrictions on geographic distribution of members; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 422.080 is hereby amended to read as follows:
422.080 The members of the board shall be selected on the basis of their recognized interest in and knowledge of the field of public welfare, and so selected on a geographic basis as to give statewide representation. Not more than [two] three members shall be residents of the same county.
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Senate Bill No. 285Committee on Finance
CHAPTER 357
AN ACT making an appropriation to the division of buildings and grounds of the department of general services for the purpose of making certain improvements in the Nye and Blasdel Buildings and the northern Nevada childrens home and for repainting the governors mansion; and providing other matters properly relating thereto.
[Approved May 7, 1975]
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 buildings and grounds of the department of general services the sum of $104,348 for the following purposes:
1. The sum of $65,348 to provide carpeting for the uncarpeted areas of the Nye and Blasdel Buildings.
2. The sum of $2,500 for the replacement of the front and rear entrance doors of the Blasdel Building.
3. The sum of $2,500 to repaint the governors mansion, garages and pavilion and to reseal the mansion roof.
κ1975 Statutes of Nevada, Page 504 (CHAPTER 357, SB 285)κ
4. The sum of $34,000 to provide carpeting for the cottages and the administrative building of the northern Nevada childrens home.
Sec. 2. The funds appropriated by section 1 shall not be encumbered or committed for expenditure after June 30, 1977, and any unexpended balance shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 365Committee on Government Affairs
CHAPTER 358
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9.1 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 797, Statutes of Nevada 1973, at page 1789, is hereby amended to read as follows:
Section 9.1. Any bill for water or services furnished by the district which is delinquent for more than 60 days shall be listed on a delinquent list prepared by the district. Such list shall identify the property to which the water was furnished in a manner which permits the owner thereof to easily identify his property, state the name of the property owner and list the delinquent amount. Such lists may be filed with the county tax collector and upon such filing, the properties described therein are subject to a lien for nonpayment of the delinquent amounts. If such list is filed, the county tax collector shall include the delinquent amounts on the next tax bill for such property and shall enforce collection of such amounts in the same manner and with the same penalties and rights of foreclosure which apply to the levy, collection and enforcement of property taxes. The remedy for nonpayment of bills provided in this section is in addition to any other available remedies, including but not limited to termination of service, which the district may elect to use for such nonpayment.
κ1975 Statutes of Nevada, Page 505 (CHAPTER 358, SB 365)κ
Sec. 2. Section 10 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as amended by chapter 797, Statutes of Nevada 1973, at page 1789, is hereby amended to read as follows:
Section 10. Any person who shall wrongfully or purposely fill up, cut, damage, injure, or destroy, or in any manner impair, the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam, treatment plant, or other work, structure, or improvement constructed or acquired under the provisions of this act, or who shall wrongfully [and] or maliciously tap into any existing or future district system, wrongfully [and] or maliciously appropriate or use any district water or wrongfully [and] or maliciously interfere with any officer, agent, or employee of the district in the proper discharge of his duties, shall be guilty of a misdemeanor, and shall be fined in any sum not exceeding five hundred dollars ($500) or imprisoned not to exceed (90) days in the county jail, or by both such fine and imprisonment; provided further, that the water district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorneys fees and costs of court.
Sec. 3. Section 16d of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 307, Statutes of Nevada 1951, at page 482, is hereby amended to read as follows:
Section 16d. It is the intent of this act that, so far as possible, the principal of and interest on any bonds issued by the district be paid from revenues from the works and properties of the district. The board shall from time to time establish reasonable rates and charges for the products and services furnished by such works and properties, and no board or commission other than the governing body of the district shall have authority to fix or supervise the making of such rates and charges. Such rates and charges may be in such forms as, but not exclusively limited to, service charges, monthly commodity charges, late charges, delinquent processing charges, lump-sum installment charges or connection charges if such rates and charges represent an equitable allocation and recovery of costs of providing facilities and delivery of water service. Service from different sources or to areas which are noncontiguous to the existing service area of the district may be deemed to be different classes or conditions of service for the purposes of this section. Subject to the limitation that the rates and charges be reasonable, the board shall fix rates and charges which will produce sufficient revenues to pay the operating and maintenance expenses of such works and properties, the general expenses of the district, and the principal of and interest on all outstanding bonds of the district as the same fall due and any payments required to be made into any sinking fund for said bonds; provided, however, anything to the contrary in this act notwithstanding the district may, in any contract with the United States of America, the State of Nevada, or the Colorado river commission, agree to furnish water to any of the foregoing, or to purchasers, lessees, or others holding under any of the foregoing, at such rates, charges, or other consideration as may be specified in any such contract.
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κ1975 Statutes of Nevada, Page 506κ
Senate Bill No. 450Senator Sheerin
CHAPTER 359
AN ACT relating to judicial districts; transferring Churchill County from the ninth judicial district to the third judicial district; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
First judicial district. The county of Storey and Carson City [shall constitute] constitute the first judicial district.
Second judicial district. The county of Washoe [shall constitute] constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander [shall constitute] constitute the third judicial district.
Fourth judicial district The county of Elko [shall constitute] constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye [shall constitute] constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt [shall constitute] constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln [shall constitute] constitute the seventh judicial district.
Eighth judicial district. The county of Clark [shall constitute] constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas [, Churchill] and Lyon [shall constitute] constitute the ninth judicial district.
2. For each of the judicial districts, except the second and eighth judicial districts, there shall be one district judge. For the second judicial district there shall be [six district judges until January 1, 1974. On and after January 1, 1974, for the second judicial district there shall be] seven district judges. For the eighth judicial district there shall be 10 district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy [shall occur] occurs in the office of any district judge it shall be filled as provided in NRS 3.080.
Sec. 2. This act shall become effective January 1, 1976.
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κ1975 Statutes of Nevada, Page 507κ
Senate Bill No. 393Senator Herr
CHAPTER 360
AN ACT relating to the promotion of tourism; transferring the preparation and publication of the Nevada Highways and Parks magazine from the department of highways to the department of economic development; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department shall prepare and publish a magazine to be known as The Nevada Magazine and such magazine shall contain materials directed toward the promotion of tourist travel into and through the state and to our highways, parks, monuments, scenic attractions, places of interest and natural resources.
Sec. 2. NRS 408.960 is hereby repealed.
Sec. 3. The director of the department of economic development of the State of Nevada and the state highway engineer shall execute an agreement providing for the transfer of:
1. Selected classified personnel, materials and equipment used in the preparation and publication of the Nevada Highways and Parks magazine; and
2. Moneys budgeted for the current fiscal year and ensuing biennium for the magazine publishing effort by the department of highways,
from the department of highways to the department of economic development of the State of Nevada.
Sec. 4. 1. This section and section 3 of this act shall become effective upon passage and approval.
2. The balance of this act shall become effective 30 days after the execution of the agreement provided for in section 3 of this act.
________
Assembly Bill No. 546Assemblymen May, Mann, Hickey, Chaney, Price, Bennett, Schofield, Moody and Christensen
CHAPTER 361
AN ACT relating to property tax; increasing the property tax exemptions for veterans organizations; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.095 is hereby amended to read as follows:
361.095 [The real property] 1. The funds, furniture, paraphernalia and regalia owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one post or organization thereof.
κ1975 Statutes of Nevada, Page 508 (CHAPTER 361, AB 546)κ
organization of ex-service men or women for the legitimate purposes and customary objects of such posts shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one post or organization thereof.
2. The buildings, with their fixtures and the lots of ground on which they stand, used for its legitimate purposes and necessary thereto, of any such organization shall be exempt from taxation, but when any such property is used for purposes other than those of such organization, and a rent or other valuable consideration is received for its use, the property so used shall be taxed.
3. Where any structure or parcel of land is used partly for the purposes of such organization and partly for rental purposes, the area used for rental purposes shall be assessed separately and that portion only shall be taxed.
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Assembly Bill No. 315Assemblymen Christensen, Jeffrey, Price, Mann and Polish
CHAPTER 362
AN ACT relating to labor; requiring certain employers to establish and maintain wage information records for the benefit of employees; providing a penalty; and providing other matters properly relating thereto.
[Approved May 7, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every employer shall establish and maintain wage information records for the benefit of his employees, showing for each pay period the following information for each employee:
(a) Gross wage or salary other than compensation in the form of:
(1) Services; or
(2) Food, housing or clothing.
(b) Deductions.
(c) Net cash wage or salary.
(d) Total hours employed in the pay period, noting the number of overtime hours, when applicable.
(e) Date of payment.
2. The wage information required by this section shall be furnished to each employee within 10 days after he submits his request.
3. Wage information records shall be maintained for a 2-year period following the entry of information in the record.
4. Any employer who knowingly and willfully fails to furnish the wage information required by this section is guilty of a misdemeanor and shall be punished by a fine of up to $100.
________
κ1975 Statutes of Nevada, Page 509κ
Assembly Bill No. 456Assemblyman Jacobsen
CHAPTER 363
AN ACT relating to crimes and punishments; classifying crimes of conspiracy; prescribing penalties; and providing other matters properly relating thereto.
[Approved May 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 199.480 is hereby amended to read as follows:
199.480 1. Whenever two or more persons [shall conspire:
1. To commit a crime; or
2.] Conspire to commit murder, robbery, forcible rape, kidnaping in the first or second degree, or arson in the first or second degree, every such person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsection 1;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime; [or
3.] (c) Falsely to institute or maintain any action or proceeding; [or
4.] (d) To cheat or defraud another out of any property by unlawful or fraudulent means; [or
5.] (e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof; [or
6.] (f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
[7.] (g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
every such person [shall be] is guilty of a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 510κ
Assembly Bill No. 373Assemblymen Jeffrey, Hickey, Barengo and Bremner
CHAPTER 364
AN ACT relating to contempt in justice and municipal courts; providing that acts of contempt shall be determined by the same acts or omissions, in the same manner and with the same effects in justice and municipal courts as in district courts; and providing other matters properly relating thereto.
[Approved May 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 74.040 is hereby amended to read as follows:
74.040 A justice may punish for [contempts by fine or imprisonment, or both; such fine not to exceed, in any case, $100, and such imprisonment 1 day.] contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in chapter 22 of NRS.
Sec. 2. NRS 266.570 is hereby amended to read as follows:
266.570 A police judge may punish for [contempts in like manner and with the same effect as is provided by general law for justices of the peace.] contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in chapter 22 of NRS.
Sec. 3. NRS 74.010, 74.020 and 74.030 are hereby repealed.
________
Assembly Bill No. 405Committee on Labor and Management
CHAPTER 365
AN ACT relating to industrial insurance; deleting provision that disability or death from silicosis have resulted within 2 years following last injurious exposure as condition for payment of compensation.
[Approved May 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after temporary or total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
κ1975 Statutes of Nevada, Page 511 (CHAPTER 365, AB 405)κ
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada covered by the Nevada industrial commission.
5. Compensation [, medical, hospital and nursing expenses] on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS. [, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) Compensation shall be payable in sums and for purposes provided by chapter 616 of NRS.] Except as provided in NRS 616.615, the commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment. Payment of benefits and compensation shall be limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, and such supplemental amounts as authorized in NRS 617.465 to 617.469, inclusive, to which they are entitled shall be terminated from all compensation payments by the commission, but shall continue to receive the same amount of compensation [under the special silicosis program pursuant to NRS 443.145 to 443.165, inclusive. The commission will advise the department of human resources of the dates on which compensation will terminate for all claimants, who are permanently disabled by silicosis, or their dependents. The commission will make available to the department of human resources claims records necessary to establish and support the claimants permanent disability as a result of silicosis.] from the silicosis and disabled pension fund.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 158Committee on Commerce
CHAPTER 366
AN ACT relating to state lands; increasing certain royalties; providing for the utilization of geothermal resources; and providing other matters properly relating thereto.
[Approved May 8, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 322.030 is hereby amended to read as follows:
322.030 1. Such leases shall be based upon a fixed rental of $1 per acre annually for each acre contained therein, and shall further provide for a fixed royalty [of 5] :
κ1975 Statutes of Nevada, Page 512 (CHAPTER 366, AB 158)κ
(a) Of 12.5 percent of the net proceeds of all oil, coal or gas extracted therefrom.
(b) Of 12.5 percent of the amount or value of any geothermal resource derived from the lease and sold or utilized or reasonably susceptible to sale or utilization by the lessee, and 5 percent of the amount or value of any byproduct sold or utilized or reasonably susceptible to sale or utilization by the lessee.
2. As used in this section, byproduct means a tangible substance produced or extracted in the utilization of a geothermal resource.
Sec. 2. NRS 322.040 is hereby amended to read as follows:
322.040 Such leases shall be executed upon a form to be prepared by the attorney general, which form shall contain all of the covenants and agreements usual and necessary to leases for the extraction of coal, oil and gas [.] , or the utilization of geothermal resources, or both, as the situation may require.
Sec. 3. NRS 322.060 is hereby amended to read as follows:
322.060 Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, shall be:
1. For such areas as may be required to accomplish the purpose for which such land is leased or such easement granted.
2. For such term and consideration as the administrator of the division of state lands of the department of conservation and natural resources, as ex officio state land registrar, may determine reasonable.
3. Executed upon a form to be prepared by the attorney general, which form shall contain all of the covenants and agreements usual or necessary to such leases or easements.
Sec. 4. Chapter 322 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, geothermal resource means heat or other associated geothermal energy found beneath the surface of the earth.
Sec. 5. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 513κ
Assembly Bill No. 178Committee on Government Affairs
CHAPTER 367
AN ACT relating to procedures for state purchasing; increasing the limit for purchases without formal contract and bidding; revising the provisions providing preferences for goods produced within the state or supplied by a resident dealer.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.300 is hereby amended to read as follows:
333.300 1. The chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchases in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.
2. All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof shall exceed [$500,] $2,500, shall be purchased by formal contract from the lowest responsible bidder [in conformity with NRS 334.005 to 334.009, inclusive,] after due notice inviting the submission of sealed proposals to the chief of the purchasing division at his office in Carson City, Nevada, until a date and hour as set forth in the proposal form, and at such date and hour the proposals shall be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. Such notice shall be published as outlined in NRS 333.310.
3. In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall [comply with NRS 334.005 to 334.009, inclusive.] :
(a) If such lowest bids are by bidders resident in Nevada, accept the proposal which, in his discretion, is in the best interests of this state.
(b) If such lowest bids are by bidders resident outside Nevada:
(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or
(2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in Nevada.
Sec. 2. NRS 334.005, 334.007 and 334.009 are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 514κ
Assembly Bill No. 67Committee on Ways and Means
CHAPTER 368
AN ACT relating to the reserve for statutory contingency fund; authorizing expenditures from the fund for certain payments in lieu of taxes and for taxes on state lands.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 353.120 and 353.262; and
(b) The payment of claims which are obligation of the state under NRS 7.260, 176.215, 177.345, 179.225, [and] 213.153 [,] and subsection 4 of 361.055, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.
________
Assembly Bill No. 360Assemblymen Dini and Getto
CHAPTER 369
AN ACT relating to health and safety in mines and mining; requiring the inspector of mines to develop programs, give assistance to operators and adopt certain regulations relating to mining health and safety; amending provisions relating to records and reports of the inspector of mines and operators; changing qualifications of inspector of mines and his deputies; making certain changes in notices and orders issued by the inspector of mines for certain violations by operators; making certain changes in provisions relating to investigations of mines and accidents in mines; declaring the Nevada industrial commission, the department of occupational safety and health and the office of inspector of mines for the State of Nevada to be agencies of the State of Nevada for the purpose of statutes relating to waiver of sovereign immunity; repealing certain statutes relating to health and safety in mines and other places of employment; providing compensation for members of the mining safety advisory board; providing penalties; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 512 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in this chapter unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in such sections.
κ1975 Statutes of Nevada, Page 515 (CHAPTER 369, AB 360)κ
Sec. 3. Accident means any unplanned event which caused or could have caused death or bodily injury or which endangered or could have endangered human life and includes any mine fire, mine explosion, mine ignition, unplanned initiation of explosives, entrapment or falls of ground or inundation by water, dust or gas.
Sec. 4. Imminent danger means the existence of any condition or practice in a mine which could reasonably be expected to cause death or serious physical harm to any worker if mine operations were to proceed in the affected area or if workers were to enter the affected area before the condition or practice was eliminated.
Sec. 5. Mine means:
1. An area of land:
(a) Where exploration is conducted to discover or delineate minerals or mineral commodities in any deposit;
(b) Where development is conducted to prepare or open any deposit of minerals or mineral commodities other than solid fuels for extraction; or
(c) Where exploitation or extraction of minerals or mineral commodities other than solid fuels is conducted from any deposit;
2. Private ways and roads appurtenant to such areas;
3. Structures, equipment, machinery, apparatus or other property, upon the surface or underground, used or to facilitate the work of exploring, developing or extracting minerals or mineral commodities other than solid fuels in or from any deposit; or
4. Beneficiation plants, mills, smelters, refineries or other property used or to facilitate the treatment or reduction of any minerals or mineral commodities, whether or not contiguous to an area where exploitation or extraction of minerals or mineral commodities is conducted from any deposit.
Sec. 6. Operator means any person or organization operating, controlling or supervising a mine and owning the right to do so, and includes any individual, owner, lessor, lessee, agent, manager, workman, contractor, subcontractor, independent contractor, partnership, association or corporation or subsidiary of a corporation charged with the responsibility for the operation of such mine.
Sec. 7. Unwarrantable failure of an operator to comply means the failure of an operator to prevent the occurrence of or to abate a violation of a health or safety standard or regulation adopted pursuant to the provisions of this chapter due to indifference, lack of diligence or lack of reasonable care.
Sec. 8. Worker means any individual working for wages or other compensation, whether or not employed by an operator.
Sec. 9. The inspector of mines shall:
1. Develop programs for the education and training of operators and workers in the recognition, avoidance and prevention of accidents or unsafe or unhealthful working conditions in mines which are subject to the provisions of this chapter; and
2. To the greatest extent possible, provide technical assistance to operators in meeting the requirements of this chapter and in further improving the health and safety conditions and practices in mines which are subject to the provisions of this chapter.
κ1975 Statutes of Nevada, Page 516 (CHAPTER 369, AB 360)κ
3. Collect information and statistics relative to mines, mining and the minerals industry of the state.
Sec. 10. 1. The inspector of mines shall:
(a) Adopt, modify, amend or repeal regulations formulated and proposed by the mining safety advisory board as he deems necessary and which are consistent with the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.
(b) Adopt all mandatory federal health and safety standards promulgated by the Secretary of the Interior pursuant to the provisions of the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.
2. The adoption of such regulations and standards, or their modification, amendment or repeal shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.
3. The inspector of mines shall forward a copy of every regulation or standard adopted under this section to the operator of each mine and to the representative of the workers, if any, at such mine. Failure to receive a copy of such regulation or standard shall not relieve anyone of the obligation to comply with such regulations or standards.
Sec. 11. Copies of regulations and standards adopted and notices and orders issued by the inspector of mines pursuant to the provisions of this chapter shall be posted by the operator on a bulletin board located in a conspicuous place at the mine.
Sec. 12. All information, reports, notices, orders or findings obtained or issued under the provisions of this chapter may be published and made available for public inspection.
Sec. 13. 1. Notices and orders issued pursuant to this chapter:
(a) Shall contain a detailed description of the conditions or practices which cause and constitute a situation of imminent danger or a violation of any health or safety regulation or standard and, where appropriate, a description of the area of the mine from which persons, equipment, machinery or apparatus must be withdrawn and prohibited from entering, and a description of the equipment, machinery or apparatus prohibited from being used or operated.
(b) Shall be in writing and signed by the inspector of mines and given promptly to the operator of the affected mine.
(c) May be modified, vacated or terminated by the inspector of mines.
2. The inspector of mines shall furnish immediately a copy of any notice or order issued pursuant to this chapter to the operator and to a representative of the workers, if any, at the affected mine.
3. If an order is issued pursuant to subsection 1 of NRS 512.190 and the Mining Enforcement and Safety Administration of the United States Department of the Interior did not participate in the inspection on which such order is based, the inspector of mines shall notify the Mining Enforcement and Safety Administration of the United States Department of the Interior that such order has been issued.
Sec. 13.5. NRS 512.010 is hereby amended to read as follows:
512.010 1. The office of inspector of mines for the State of Nevada is hereby created [.] under the jurisdiction of the Nevada industrial commission.
κ1975 Statutes of Nevada, Page 517 (CHAPTER 369, AB 360)κ
2. The office shall be administered by the inspector of mines.
Sec. 14. NRS 512.020 is hereby amended to read as follows:
512.020 1. The inspector of mines or his duly authorized representatives, or deputy or assistant inspectors of mines shall not at the time of [his] their appointment [,] or employment, or at any time during the term of [his office, be] their office or employment:
(a) Be an officer, director or employee [in or of any mining corporation in this state, or in or of any milling corporation in the state engaged in the business of smelting or reducing ores.] , or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of this chapter; or
(c) Be an officer or employee of any labor organization.
2. The inspector of mines shall have had at least 7 years technical, operational or management experience in at least two of the following areas: mines, mills, beneficiation plants or smelters, at least 3 years of which shall be in underground mining.
Sec. 14.5. NRS 512.100 is hereby amended to read as follows:
512.100 Funds for the operation of the office of the inspector of mines shall be provided [by direct legislative appropriation from the general fund.] :
1. By legislative appropriation from the state general fund; and
2. From premiums collected by the Nevada industrial commission pursuant to the provisions of chapters 616 and 617 of NRS.
Moneys from the legislative appropriation shall be paid out on claims as other claims against the state are paid.
Sec. 15. NRS 512.105 is hereby amended to read as follows:
512.105 1. The mining safety advisory board, consisting of seven members, is hereby created.
2. The members shall be appointed by the governor to serve for terms of 4 years or until their respective successors are appointed. Three members shall represent the mining industry; three members shall be nonsupervisory production or maintenance employees in the mining industry; and one member, who shall be the chairman, shall represent the public and be a responsible officer of the bureau of mines and geology of the State of Nevada.
3. [The first board appointed shall consist of seven members, appointed three for 2 years and four for 4 years, and thereafter all members shall be appointed for the full 4-year term, except that any] Any vacancy caused by the death or resignation of any member shall be filled for the balance of the unexpired term. No more than two members, one member representing the mining industry and one nonsupervisory production or maintenance employee member, shall be appointed at one time from any one category of the mining industry based on products mined.
4. The inspector of mines shall be an ex officio member of the board.
5. Members shall receive [no compensation for their services but shall be] $40 per day for attendance at meetings of the board. Members are entitled to receive their traveling expenses and subsistence allowances in the transaction of public business in the amounts authorized by law for other state officers.
κ1975 Statutes of Nevada, Page 518 (CHAPTER 369, AB 360)κ
in the transaction of public business in the amounts authorized by law for other state officers. Claims for such traveling expenses and subsistence allowances shall be approved by the inspector of mines and paid from appropriations made to the office of the inspector of mines.
6. The duties of the board are to formulate and propose to the inspector of mines [rules and] regulations, and modifications, amendments or repeal thereof, for the [prevention of accidents in the mining industry.] protection of life, the promotion of health and safety and the prevention of accidents in mines which are subject to the provisions of this chapter.
[7. The adopt of such rules and regulations, or their modification, amendment or repeal, shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.]
Sec. 16. NRS 512.110 is hereby amended to read as follows:
512.110 1. [Within the limits of legislative appropriations, the] The inspector of mines [has the power to appoint] may employ deputy and assistant inspectors to assist in the performance of the duties of the inspector of mines. All deputy and assistant inspectors so employed shall have the power to perform all duties required of the inspector of mines.
2. Deputy or assistant inspectors of mines [shall be in the classified service of the state and they shall receive:
(a) Salaries fixed pursuant to the provisions of chapter 284 of NRS.
(b) Per diem allowances and traveling expenses fixed by law.] shall receive such salaries as are provided under the provisions of chapter 284 of NRS, and they shall be allowed their traveling expenses while in the discharge of their duties.
3. Deputy or assistant inspectors of mines, at the time of their employment, shall:
(a) Have at least 7 years experience in mines, mills, beneficiation plants or smelters;
(b) Be physically fit to inspect all working places in mines; and
(c) Take initial and annual physical examinations to verify their physical fitness to perform the tasks of mine inspections or investigations.
Sec. 17. NRS 512.120 is hereby amended to read as follows:
512.120 The inspector of mines [shall have the power to employ] may:
1. Employ necessary clerks within the provisions of chapter 284 of NRS.
2. Authorize representatives to perform all duties required of him.
Sec. 18. NRS 512.140 is hereby amended to read as follows:
512.140 [On August 1, 1952, and on August 1 of every 2nd year thereafter, the inspector of mines shall file with the governor the original draft of a report giving:
1. A list of all fatal accidents that have occurred during the 2-year period, and the nature and cause of the same, together with the names of the persons fatally injured.
2. A summary of nonfatal accidents that have been reported to the inspector of mines during the 2-year period.
κ1975 Statutes of Nevada, Page 519 (CHAPTER 369, AB 360)κ
3. The number of mines visited or examined during the 2-year period, the number of mines currently in operation, the number, names and locations of mines that have become idle during the 2-year period, and the total number of men currently employed.
4. The name, location and address of each currently active mine in the state which has been examined and from which the inspector of mines has received a report as provided in NRS 512.160, together with data as to the manner of working the same, the number of men currently employed, and the products produced or being developed for production.
5. The number and character of notices served, together with suggestions and recommendations made, and the manner in which such suggestions and recommendations were complied with.
6. The number of complaints received and the action therein.
7. The number of prosecutions for neglect or refusal to comply with notices.
8. A summary of the reports received from mine owners and deputy inspectors of mines.
9. A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the state and to promote the development of the same.
10. Generally, such other information and suggestions as may be deemed advisable.] The inspector of mines shall submit annually to the governor, as soon as practicable after the beginning of each calendar year, a full report of the administration of his functions under this chapter during the preceding calendar year. Such report shall include, either in summary or detailed form, the information obtained by him under this chapter together with such findings and comments thereon and such recommendations as he may deem proper.
Sec. 19. NRS 512.160 is hereby amended to read as follows:
512.160 1. [The owner, lessor, lessee, agent, manager or other person in charge of each mine of whatever kind or character within the state shall forward to the inspector of mines at his office, not later than June 1 in each year, and in all cases when commencing operations, a detailed report showing:
(a) The character of the mine.
(b) The number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year.
(c) The method of working such mine.
(d) The general condition thereof.
2. The owner, lessor, lessee, agent, manager or other person in charge of any mine within the state must furnish any information relative to such mine that the inspector of mines may from time to time require for his guidance in the proper discharge of his official duties.] Operators shall maintain records and reports and shall submit, at least annually and at such other times as the inspector of mines deems necessary, and in such form as he may prescribe, reports of production, employment, mine activity and status, accidents, bodily injuries, loss of life, occupational illnesses and related data.
κ1975 Statutes of Nevada, Page 520 (CHAPTER 369, AB 360)κ
2. The inspector of mines shall compile, keep and analyze and may publish, either in summary or detailed form, the information obtained pursuant to the provisions of subsection 1.
Sec. 20. NRS 512.170 is hereby amended to read as follows:
512.170 [1.] At least once a year and at such other times as required the inspector of mines, or his designee, shall visit [in person] each mining county in the State of Nevada and [examine] thoroughly inspect and investigate all such mines therein as, in his judgment, may require [examination for the purpose of determining the condition of such mines as to safety.
2. The inspector of mines shall post or cause to be posted, in a prominent place upon the gallows-frame or other superstructure at the collar of the main workings of such mine, a copy of his recommendations within 24 hours from the date of such examination.] inspection and investigation for the purposes of:
1. Determining whether or not there has been compliance with health and safety regulations or standards adopted or notices or orders issued pursuant to the provisions of this chapter;
2. Determining whether an imminent danger exists;
3. Determining the cause or causes of accidents, bodily injuries, loss of lives or occupational illnesses which have occurred in such mines;
4. Determining if there are dangerous conditions or practices with respect to the condition or manner of use of equipment, machinery or apparatus; and
5. Obtaining such other information for any other purpose as he may deem advisable.
Sec. 21. NRS 512.180 is hereby amended to read as follows:
512.180 1. The inspector of mines [or his deputy inspectors of mines shall have full power and authority, at all reasonable hours, to] may enter [and examine any and] all mines in this state [, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings, machinery, open cuts and open pits for the purpose of such examination. The owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines] subject to the provisions of this chapter, for the purposes of inspections, investigations or access to records and reports required to be maintained or for any other purpose necessary in the proper discharge of his official duties. Operators shall render the inspectors of mines [and his deputy inspectors of mines] such assistance as may be required [by any of them] to enable [them] him to make a full, thorough and complete [examination] inspection or investigation of each and every part of such mine or mines. No advance notice of an inspection shall be provided to any operator, worker, or representative of the workers, if any, at such mine.
2. [Refusal of any owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines to allow the inspector of mines or his deputy inspectors of mines access to the mine or mines or to any part thereof shall be a misdemeanor.] At the commencement of any inspection of such mine by the inspector of mines, the authorized representative of the workers at the mine shall be given an opportunity to accompany the inspector of mines on such inspections and to participate in any conference held at the conclusion of such inspection.
κ1975 Statutes of Nevada, Page 521 (CHAPTER 369, AB 360)κ
inspector of mines on such inspections and to participate in any conference held at the conclusion of such inspection. If there is no representative of the workers, the inspector of mines shall consult with a reasonable number of workers concerning matters of health and safety at the mime.
Sec. 22. NRS 512.190 is hereby amended to read as follows:
512.190 1. Whenever, as the result of the [examination] inspection of any mine, [(whether such examination is made in consequence of a complaint, as provided in NRS 512.200, or otherwise),] the inspector of mines [shall find such mine or any part of such mine to be in unsafe condition, he shall at once:
(a) Serve or cause to be served a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in what particular or particulars the mine is dangerous or insecure.
(b) Post or cause to be posted, in a conspicuous place upon the gallows-frame, shaft house or other superstructure, at the collar of the shaft or at the entrance of the tunnel or at the main workings of such mine, a written notice stating in what particular or particulars the mine is dangerous or insecure.
(c) Require all necessary changes to be made without delay for the purpose of making the mine or workings safe for the employees therein.
2. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements, or any of them, stated in such notice so served and posted, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be guilty of a misdemeanor. In case of any criminal or civil proceedings at law against the person or persons so notified, on account of the loss of life or bodily injury sustained because of neglect or refusal to obey the requirements of the inspector of mines, a certified copy of the notice served by the inspector of mines shall be prima facie evidence of the culpable negligence of the person or persons so notified.] finds that an imminent danger exists in such mine or with respect to the condition or manner of use of equipment, machinery or apparatus, he shall thereupon issue an order:
(a) Requiring the operator to cause all persons except those referred to in subsection 5, to be withdrawn immediately from and prohibited from entering the area where such danger exists until he determines that such imminent danger no longer exists.
(b) Prohibiting such equipment, machinery or apparatus to be used or operated until he determines that such imminent danger no longer exists.
2. If, upon any inspection of a mine, the inspector of mines finds that there has been a violation of any health or safety regulation or standard adopted pursuant to the provisions of this chapter, but the violation has not created an imminent danger, he shall issue a notice to the operator fixing a reasonable time for the abatement of the violation. If the inspector of mines subsequently finds:
(a) Upon the expiration of the period of time as originally fixed or extended for the abatement of the violation, that the violation has not been totally abated and that the period of time should not be further extended; or
κ1975 Statutes of Nevada, Page 522 (CHAPTER 369, AB 360)κ
(b) Another violation of any health or safety regulation or standard caused by failure of an operator to prevent the occurrence of such violation due to indifference, lack of diligence or lack of reasonable care, during the same inspection or any subsequent inspection within ninety days after the issuance of such notice,
he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering such area until he determines that such violation has been abated.
3. If the inspector of mines finds a violation of a health and safety regulation or standard within 30 days following the abatement of a violation which resulted in the issuance of a withdrawal order under paragraph (b) of subsection 2, he shall forthwith issue an order requiring the operator to cause all persons in the area affected by such violation, except those persons referred to in subsection 5, to be withdrawn from and prohibited from entering such area until he determines that such violation has been abated.
4. If, as a result of any investigation of any accident occurring in a mine or as a result of any other investigation or tests performed by the inspector of mines, the inspector of mines has reason to believe that any equipment, machinery or apparatus will cause an accident, the inspector of mines may, by order, prohibit the use or operation in any mine of such equipment, machinery or apparatus until he determines that such equipment, machinery or apparatus has been repaired, modified, reconditioned or altered in a manner that an accident will thereafter be avoided.
5. The following persons shall not be required to be withdrawn from, or prohibited from entering, any area of the mine subject to a withdrawal order issued under this section:
(a) Any person whose presence in such area is necessary, in the judgment of the operator or the inspector of mines, to eliminate the condition described in the order;
(b) Any public official whose official duties require him to enter such area; and
(c) Any consultant to any of the foregoing.
6. A notice or order issued under this section is prima facie evidence of the culpable negligence of an operator in a criminal or civil proceeding at law against such operator for loss of life or bodily injury sustained because of the operators failure or refusal to comply with the requirements stated in such notice or order.
Sec. 23. NRS 512.200 is hereby amended to read as follows:
512.200 1. [Whenever the inspector of mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is dangerous in any respect, he shall, in person, visit and examine such mine.
2. Every formal complaint shall in all cases:
(a) Specifically set forth the nature of the danger existing at the mine.
(b) Describe with as much certainty as possible the conditions rendering such mine dangerous.
(c) Set forth the time when such danger was first observed.
κ1975 Statutes of Nevada, Page 523 (CHAPTER 369, AB 360)κ
(d) Distinctly set forth whether or not any notice of such defect or danger has been given by the complainants, or by anyone else to their knowledge, to the superintendent or other person in charge of such mine, and if no such complaint has been made to the superintendent or other person in charge, the reason why it has not been made.
3. After a complaint has been received by the inspector of mines, the inspector of mines shall, as soon as possible after receiving the complaint, visit and examine such mine. If from such examination he shall find the complaint to be just, he shall give notice in writing of the danger existing to the owner, lessor, lessee, agent, manager, or other person in charge thereof. In such notice he may, in his discretion, order such mine or workings in which danger exists closed until danger has been removed.
4. The names of the complainants complaining as provided in this section shall not, under any circumstances, be divulged to any person by the inspector of mines except when such action is necessary in the administration of justice in the courts of this state.] Whenever any worker or a representative of the workers, if any, has reasonable grounds to believe that a violation of a health or safety regulation or standard exists, or an imminent danger exists, such worker or representative of the workers may obtain an inspection by giving notice to the inspector of mines of such violation or danger.
2. Any such notice shall be reduced to writing, signed by the worker or representative of the workers, and a copy shall be provided to the operator no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual workers referred to therein shall not appear in such copy.
3. Upon receipt of such notification by the inspector of mines, an inspection in accordance with the provisions of this chapter may be made as soon as practicable to determine if such violation or imminent danger exists.
Sec. 24. NRS 512.210 is hereby amended to read as follows:
512.210 Upon the [neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or workings, notified by the inspector of mines of the unsafe or dangerous condition of such mine or workings, promptly to comply with the requirements of the notice served upon him, the inspector of mines shall immediately notify the attorney general of such neglect or refusal.] unwarrantable failure of an operator to comply or upon refusal of an operator of any mine to comply with the requirements of any order issued to such operator, the inspector of mines may immediately notify the attorney general of such unwarrantable failure to comply or such refusal. The attorney general, or the district attorney of the county in which the mine is situated at the instigation of the attorney general, must thereupon immediately commence an action in the name of the state against the [person] operator so notified for the enforcement of the penalty designated in NRS 512.270.
Sec. 25. NRS 512.220 is hereby amended to read as follows:
512.220 1. Whenever a serious [or fatal] accident [shall occur] occurs in any mine in the State of Nevada [,] subject to the provisions of this chapter, the [owner, lessor, lessee, agent, manager, or other person in charge thereof] operator shall, immediately and by the quickest means, notify the inspector of mines or his deputy [,] or assistant, as may be most convenient, of such accident [.]
κ1975 Statutes of Nevada, Page 524 (CHAPTER 369, AB 360)κ
charge thereof] operator shall, immediately and by the quickest means, notify the inspector of mines or his deputy [,] or assistant, as may be most convenient, of such accident [.] , and shall take appropriate measures to preserve anything and everything which might assist the inspector of mines in determining the cause or causes of the accident. Except as necessary to alleviate or eliminate any situation constituting an imminent danger of an unwarranted danger to property, no person shall alter any condition which might assist the inspector of mines in determining the cause or causes of the accident.
2. [The inspector of mines or his deputy, or both, shall at once repair to the place of the accident and investigate fully the cause of the accident.
3. If the inspector of mines or a deputy inspector of mines cannot be immediately present in case of a fatal or serious accident occurring, the owner, lessor, lessee, agent, manager, or other person in charge of the mine in which such accident has occurred shall have statements made and verified by those persons witnessing the accident. If no person was present at the time of the accident, then the statement of those persons first present thereafter shall be taken and verified. Such verified statements shall be placed in the hands of the inspector of mines or the deputy inspector of mines upon the demand of such officer.
4. The inspector of mines or his deputy shall be present at any coroners inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest.
5. Whenever any deputy inspector of mines is present at any coroners inquest and assists in the examination, he shall, at the conclusion thereof, at once prepare and forward to the inspector of mines a full and detailed report of the accident, giving all information obtainable regarding the same.] The inspector of mines may investigate fully the cause of the accident as soon as practicable after receipt of such notification.
Sec. 26. NRS 512.270 is hereby amended to read as follows:
512.270 1. [Any owner, agent, manager or lessee, whether an individual, partnership or corporation, operating a mine or mineworkings in this state, or any workman or other employee thereof, who fails to comply with, or violates any provision of any standard constituting a part of the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C. §§ 721-740) or this chapter shall be] Any operator who:
(a) Violates, fails or refuses to comply with any health or safety regulation or standard adopted by the inspector of mines pursuant to the provisions of this chapter;
(b) Interferes with, hinders or delays the inspector of mines in carrying out the duties required under this chapter;
(c) Refuses admission to the inspector of mines upon or through any mine which is subject to the provisions of this chapter or to render assistance;
(d) Refuses to permit the inspector of mines to inspect or investigate any mine which is subject to the provisions of this chapter, or of any accident, bodily injury, fatality or occupational illness occurring at or connected with such mine;
κ1975 Statutes of Nevada, Page 525 (CHAPTER 369, AB 360)κ
accident, bodily injury, fatality or occupational illness occurring at or connected with such mine;
(e) Refuses to furnish to the inspector of mines any information or report requested by the inspector of mines pursuant to this chapter;
(f) Knowingly makes any false statement or representation, or fails to make any statement or representation in any record, report or other document filed or required to be maintained pursuant to this chapter;
(g) Refuses to permit the inspector of mines to inspect or investigate any equipment, machinery, apparatus, tools or other property with respect to its condition or manner of use at any mine subject to the provisions of this chapter;
(h) Fails to maintain any information or report required to be maintained pursuant to this chapter; or
(i) Violates or fails or refuses to comply with an order of withdrawal issued pursuant to NRS 512.190,
is guilty of a gross misdemeanor.
2. Each separate provision not complied with and each day after conviction of failure to comply with any such standard or provision of this chapter shall be a separate offense and punished accordingly.
Sec. 26.5. NRS 616.181 is hereby amended to read as follows:
616.181 1. There is within the commission a department of occupational safety and health as provided for in chapter 618 of NRS [.] and the office of inspector of mines for the State of Nevada as provided for in chapter 512 of NRS.
2. The commission, the department of occupational safety and health and the office of inspector of mines for the State of Nevada are agencies of the State of Nevada for all purposes of the provisions of NRS 41.031 to 41.038, inclusive.
Sec. 27. NRS 618.315 is hereby amended to read as follows:
618.315 The department shall have full power, jurisdiction and authority:
1. Over all places of employment except those which are subject to the jurisdiction of:
(a) The Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.);
(b) The inspector of mines under the provisions of chapter [518] 512 of NRS;
(c) Railroad employees whose safety and health are subject to protection under the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.);
(d) Motor vehicles operating on public highways of this state. This section does not invest the department with any power, jurisdiction or authority over motor vehicles operating on the public highways.
2. To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by lawful order, state standards, rules, regulations or federal standards, as adopted by the department.
κ1975 Statutes of Nevada, Page 526 (CHAPTER 369, AB 360)κ
3. To fix and adopt such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which shall be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees in employments and places of employment.
4. To fix, adopt and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render such places safe and healthful.
5. To require the performance of any other act which the protection of the lives, safety and health in places of employment may reasonably demand.
6. To provide the method and frequency of making investigations, examinations and inspections.
7. To prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for such publications.
8. To furnish blank forms upon request.
9. To provide for adequate notice to each employer or employee of his right:
(a) To administrative review of any department action or decision as set forth in NRS 618.475 and 618.605.
(b) To judicial review under NRS 618.615.
10. To consult with the chief of the bureau of environmental health in the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.
11. To appoint advisers and fix their compensation, who shall assist the department in establishing standards of safety and health, and the department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from such advisers.
Sec. 28. NRS 512.130, 512.150, 512.230, 512.250, 512.260 and 618.335 are hereby repealed.
Sec. 29. Section 3 of chapter 300, Statutes of Nevada 1971, at page 541, is hereby amended to read as follows:
Section 3. NRS 512.240, chapter 518 of NRS, [618.330, 618.340] NRS 618.730 and 618.740 and chapter 626 of NRS are hereby repealed.
Sec. 30. Section 4 of chapter 300, Statutes of Nevada 1971, at page 541, is hereby amended to read as follows:
Section 4. This act shall become effective on [the day the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C. §§ 721-740) becomes effective.] passage and approval of this amendatory act.
Sec. 31. Sections 29 and 30 of this act shall become effective upon passage and approval; the remaining sections of this act shall become effective 1 minute after sections 29 and 30 of this act become effective.
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κ1975 Statutes of Nevada, Page 527κ
Assembly Bill No. 169Assemblymen Brookman, Bremner, Vergiels, Robinson, Demers, Mann, Price, Murphy, Barengo, Jeffrey, Polish, Getto, Weise, Heaney, Bennett, Hayes, Ford, Benkovich, Chaney, Coulter, Hickey and Dini
CHAPTER 370
AN ACT to amend NRS 293.313, relating to elections, by entitling registered voters to vote under absent ballot procedure if unable to go to the polling place; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 293.313 is hereby amended to read as follows:
293.313 1. Any registered voter who provides sufficient written notice to the county clerk, may vote an absent ballot as provided in this chapter if, on the day of voting at any general or primary election, he is or expects to be:
(a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause;
(b) Unable [, because of illness or physical disability,] to go to the polling place; or
(c) In the service of the United States.
2. The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as such voter if, by reason of the services of such voter, they are required to reside beyond the boundaries of the state.
Sec. 2. Following the 1976 general election the county clerk of each county shall prepare statistical information showing the number of absent ballots requested, the number cast, and the costs of implementing the absent ballot procedure for the primary and general elections in 1976, along with comparative figures for the primary and general elections in 1974. The information shall be submitted to the secretary of state in the form prescribed by him for such purpose. The secretary of state shall compile and transmit the information in report form to the 59th session of the legislature for review.
________
κ1975 Statutes of Nevada, Page 528κ
Assembly Bill No. 220Assemblymen Demers, Ford, Chaney, Hickey, Price and May
CHAPTER 371
AN ACT relating to the reforestation of Nevada lands; providing that deserts and urban settings as well as mountainous terrain may be reforested with adapted and indigenous conservation plant materials; expanding the purposes for reforestation; redefining general nursery stock categories to include additional conservation plant materials; authorizing division of forestry to establish nursery facilities which provide arboretum, production and research operations; authorizing cooperative agreements for conducting certain research; requiring cooperative agreement with University of Nevada for disseminating information obtained from such research; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in NRS 528.100 to 528.140, inclusive, and sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Conservation plant materials means those trees, shrubs and plants used for:
1. Well-established conservation purposes such as windbreaks, woodlots, soil erosion control, wildlife habitation, reforestation, noise abatement and fire control; or
2. Beautification purposes for parks, recreation areas, greenbelts, schools and public buildings.
Sec. 4. Desert forestry means the science of developing, caring for or cultivating conservation plant materials in an arid environment by modifying their response to adverse growing conditions while minimizing the consumptive use of water.
Sec. 5. Production means the propagation, maintenance, protection and distribution, at cost of production, of sufficient quantities of conservation plant materials to meet the purposes of NRS 528.100 to 528.140, inclusive, and sections 3 to 9, inclusive, of this act.
Sec. 6. Public property means all forms of property in which a government or governmental subdivision or agency has an ownership interest.
Sec. 7. Reforestation means planting and cultivation of conservation plant materials which are indigenous or adaptable to forests, plains, meadows, deserts and urban areas of Nevada.
Sec. 8. Urban forestry means the science of developing, caring for or cultivating conservation plant materials in an urban environment to enhance air quality, provide shade protection, stabilize soils, reduce noise and dust levels, and improve aesthetics.
Sec. 9. 1. The division may enter into cooperative agreements with research organizations providing for the use of division facilities for the development of needed information concerning the propagation, establishment, protection, maintenance and use of conservation plant materials.
κ1975 Statutes of Nevada, Page 529 (CHAPTER 371, AB 220)κ
The division may also enter into contracts with established research organizations to obtain such information.
2. The division and the University of Nevada shall enter into a cooperative agreement providing for the dissemination of information obtained by the division pursuant to subsection 1.
Sec. 10. NRS 528.100 is hereby amended to read as follows:
528.100 1. In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, [and farm woodlots] woodlots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the state forester firewarden is authorized and directed to act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and individuals for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and [plants.] conservation plant materials.
2. The state forester firewarden is authorized to receive money contributions from cooperators under the cooperative agreement, such contributions to be paid into the division of forestry account in the general fund in the state treasury.
Sec. 11. NRS 528.105 is hereby amended to read as follows:
528.105 1. Any state nursery authorized by NRS 528.100 shall be operated under management of the state forester firewarden and shall [grow] propagate stock for [use] uses as provided in this section.
2. The state forester firewarden may:
(a) Purchase nursery stock [and seed.] , seed and other conservation plant materials.
(b) Engage in seed [and tree development work.] , tree and plant development research.
(c) Demonstrate methods of [tree planting] conservation plant material planting, propagation and landscaping to public or private organizations or individuals.
(d) Distribute, [without charge, trees] at cost of production, conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, reforestation, greenbelts, watershed protection, wildlife protection and beautification. [of streets, highways and school grounds.]
(e) Distribute, at cost of production, [trees] conservation plant materials for planting on private property for the purposes of production of forest or woodlot products, reforestation, [and providing farm windbreaks.] windbreaks, woodlots, shelterbelts, greenbelts and wildlife habitat.
3. [Trees] Conservation plant materials distributed by the state forester firewarden under the provisions of paragraph (e) of subsection 2 shall be used only for the purposes therein set forth. The state forester firewarden may, pursuant to chapter 233B of NRS, set the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.
κ1975 Statutes of Nevada, Page 530 (CHAPTER 371, AB 220)κ
4. Any person who violates the provisions of this section [shall be] is guilty of a misdemeanor.
Sec. 12. NRS 528.110 is hereby amended to read as follows:
528.110 The boards of county commissioners of the counties of the State of Nevada are likewise authorized to enter into cooperative agreements with the representative of the State of Nevada appointed pursuant to the provisions of NRS 528.100 and with other counties, municipalities, organizations and individuals for the purpose of establishing a cooperative nursery or nurseries for [the production of tree seeds and plants,] production, arboretum and research purposes, and to appropriate and expend funds for all necessary expenses incurred in the [producing of tree seeds and plants for planting on farms and in public areas.] planting and cultivation of conservation plant materials.
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Assembly Bill No. 287Assemblymen Benkovich, Banner, Moody and Hayes
CHAPTER 372
AN ACT relating to the labor commissioner; providing him with authority to conduct hearings under the labor laws; providing for the judicial review of decisions; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 607 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. In aid of his enforcement responsibilities under the labor laws of the State of Nevada, including but not limited to NRS 338.030, 607.160, 607.170, 608.270, 609.160 and chapter 611 of NRS, the labor commissioner or a person designated from the commissioners regular staff may conduct hearings and issue decisions thereon in the manner provided by section 3 of this act.
Sec. 3. 1. When an enforcement question is presented under any labor law of the State of Nevada, the determination of which is not exclusively vested in another officer, board or commission, the labor commissioner or a person designated from the commissioners regular staff may conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the labor commissioner.
2. Notice of such hearing shall be given by registered or certified mail to each party and to any person who has in writing requested such notice. The content of the notice shall conform to chapter 233B of NRS.
3. The hearing shall be conducted no less than 15 days following the mailing of the notices. It shall be conducted in keeping with the appropriate provisions of chapter 233B of NRS. The proceedings shall be recorded and one copy shall be provided at cost to any party who requests it.
κ1975 Statutes of Nevada, Page 531 (CHAPTER 372, AB 287)κ
it. The labor commissioner or a person designated from the commissioners regular staff shall, in any such hearing, make full use of the authority conferred upon him by NRS 607.210.
Sec. 4. 1. Within 30 days after the conclusion of the hearing provided for in section 3 of this act, the labor commissioner or a person designated from the commissioners regular staff shall issue a written decision, setting forth findings of fact and conclusions of law developed at the hearing.
2. The decision, together with the findings of fact and conclusions of law, shall be mailed to each of the parties to whom the notice of the hearing was mailed and to any other persons who may have requested notice of the hearing. The decision becomes enforcible 10 days following such mailing.
Sec. 5. Any decision issued under the provision of section 4 of this act may receive judicial review in the manner provided in chapter 233B of NRS, or the court may order trial de novo.
Sec. 6. A decision issued pursuant to section 4 of this act is binding on all parties and has the force of law.
Sec. 7. NRS 607.210 is hereby amended to read as follows:
607.210 1. The labor commissioner or a person designated from the commissioners regular staff shall have the power to examine witnesses, administer oaths and take testimony in all matters relating to the duties and requirements of this chapter. Testimony shall be taken in some suitable place in the vicinity to which the testimony is applicable.
2. The labor commissioner or a person designated from the commissioners regular staff may compel the attendance of witnesses, and may issue subpenas. No witness fees shall be paid to any witness unless he is required to testify at a place more than 5 miles from his place of residence, in which event the witness shall be paid the same fees as a witness before a district court. Payment shall be made from the fund appropriated for such purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of such county.
3. Any person duly subpenaed under the provisions of this section who [shall willfully refuse or neglect] willfully refuses or neglects to testify at the time and place named in the subpena [shall be] is guilty of a misdemeanor.
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κ1975 Statutes of Nevada, Page 532κ
Assembly Bill No. 267Assemblymen Dini, Mello, Ford, Murphy, Benkovich, Getto, Hayes, Wagner, Coulter, Barengo, Bremner, Chaney, Price, Heaney, Jacobsen, Glover, Sena, Weise and Hickey
CHAPTER 373
AN ACT relating to the preparation of legislative measures; allowing the legislative counsel to charge agencies for the preparation of such measures; providing that the legislative commission establish the rates to be charged; and providing other matters properly relating thereto.
[Approved May 9, 1975]
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 a new section which shall read as follows:
1. The legislative counsel shall keep a record of the hours expended by personnel of the legal division of the legislative counsel bureau to prepare legislative measures requested by any state agency, officer of the executive branch of state government or any justice of the supreme court or judge of a district court.
2. The record of total hours shall be furnished to the legislative auditor who shall send to each such requesting agency, officer, justice or judge a claim stating the amount of charges for such preparation. The claim shall be paid to the legislative counsel bureau as other claims against the state are paid.
3. The rates to be charged for the services of the legal division of the legislative counsel bureau shall be determined by the legislative commission.
4. All moneys received by the legislative counsel bureau pursuant to the section shall be deposited in the legislative fund.
Sec. 2. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive [.] , and section 1 of this act.
2. Upon request, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature. Before the legislative counsel accepts from such agency or department any legislative measure involving the acquisition or disposition of state land and containing a legal description thereof, he shall require the submittal of a certificate verifying the completeness and accuracy of the description, as provided in NRS 232.115. The fact that the description is verified shall be noted in the summary of the bill or a special report concerning the description may be addressed to the legislative commission.
3. Upon request, the legislative counsel shall aid and assist any member of the legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters within the scope of the duties of the legislative counsel. When any legislator has requested the drafting of more than ten bills or resolutions for any session, the legislative counsel shall request him to designate the ten to which he assigns the highest priority, and the legislative counsel shall insofar as possible complete the drafting of the ten bills or resolutions so designated by each legislator, or the entire number if fewer than ten have been requested, before he proceeds with further drafting for a legislator whose requests are more than ten.
κ1975 Statutes of Nevada, Page 533 (CHAPTER 373, AB 267)κ
ten bills or resolutions for any session, the legislative counsel shall request him to designate the ten to which he assigns the highest priority, and the legislative counsel shall insofar as possible complete the drafting of the ten bills or resolutions so designated by each legislator, or the entire number if fewer than ten have been requested, before he proceeds with further drafting for a legislator whose requests are more than ten. The legislative counsel shall repeat the process of first drafting ten designated bills or resolutions for each legislator, if so many have been requested, until all bills and resolutions requested by legislators have been drafted.
4. The legislative counsel and the legal division of the legislative counsel bureau shall not oppose or urge legislation, nor except as provided in subsection 6 shall they reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before them.
5. The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
6. The legislative counsel may deliver to the superintendent of the state printing and records division of the department of general services and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 3. NRS 218.260 is hereby amended to read as follows:
218.260 1. The legislative counsel is authorized to employ legislative bill drafters, stenographers, proofreaders, engrossing and enrolling clerks and other necessary clerical assistants, at a compensation to be set by the legislative commission, to aid and assist him in carrying out the duties prescribed by NRS 218.240 to 218.260, inclusive, and section 1 of this act, and such legislative bill drafters, stenographers, proofreaders, engrossing and enrolling clerks and other necessary clerical assistants shall be employed for such length of time as the legislative counsel may deem to be necessary for the effective conduct of the legislative work prescribed by NRS 218.240 to 218.260, inclusive [.] , and section 1 of this act.
2. Salaries and attendant employment costs of such legislative bill drafters, stenographers, proofreaders, engrossing and enrolling clerks and other necessary clerical assistants shall be paid from the legislative fund.
Sec. 4. NRS 218.270 is hereby amended to read as follows:
218.270 The provisions of NRS 218.240 to 218.260, inclusive, and section 1 of this act, shall not operate to relieve the attorney general of any duties now imposed upon him by law.
________
κ1975 Statutes of Nevada, Page 534κ
Assembly Bill No. 582Committee on Ways and Means
CHAPTER 374
AN ACT relating to state contracts for services of independent contractors; requiring approval of certain contracts by the state board of examiners; and providing other matters properly relating thereto.
[Approved May 9, 1975]
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,] 7, an executed copy of each contract shall be filed with the research and fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners.
6. Except as provided in subsection 7, and excepting contracts entered into by the University of Nevada, each proposed contract with an independent contractor shall be submitted to the state board of examiners. Such contracts shall not become effective without the prior approval of the state board of examiners. The state board of examiners shall adopt regulations implementing the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in [subsection 5:] subsections 5 and 6:
(a) Contracts executed by the department of highways for any work of construction or reconstruction of highways.
κ1975 Statutes of Nevada, Page 535 (CHAPTER 374, AB 582)κ
(b) Contracts executed by the state public works 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.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 437Assemblymen Demers, Hayes, Sena, Dini, Ford and Banner
CHAPTER 375
AN ACT relating to elections; providing a criminal penalty for bribing an elector; and providing other matters properly relating thereto.
[Approved May 9, 1975]
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 person who bribes, offers to bribe, or uses any other corrupt means, directly or indirectly, to influence any elector in giving his vote or to deter him from giving it shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $1,000, or by both fine and imprisonment.
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Assembly Bill No. 422Assemblymen Chaney and Bennett
CHAPTER 376
AN ACT relating to aid to dependent children; conforming certain definitions to federal law; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 425.105 is hereby amended to read as follows:
425.105 [1.] The welfare division in computing the amount of assistance to be granted to a dependent child shall not take into consideration any earned income of such child, otherwise eligible, if:
[(a)] 1. He is under 14 years of age.
[(b)] 2. He is 14 years of age or older and is a full-time student, or a part-time student not employed full-time [.] , as defined by federal regulations pursuant to Title IVA of the Social Security Act and regulations of the board.
κ1975 Statutes of Nevada, Page 536 (CHAPTER 376, AB 422)κ
regulations pursuant to Title IVA of the Social Security Act and regulations of the board.
[2. For the purposes of subsection 1:
(a) A full-time student is one whose school schedule equals a full-time curriculum in a public school, university or other school licensed by the state board of education.
(b) A part-time student is one whose schedule equals at least one-half of a full-time curriculum.
(c) A student is not employed full-time when he works less than 40 hours per week.]
________
Senate Bill No. 487Committee on Government Affairs
CHAPTER 377
AN ACT authorizing boards of county commissioners to collect costs of care and support provided by counties from parents and guardians of children detained in county detention facilities other than pursuant to court order; authorizing collections by legal action; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When a child is detained other than pursuant to a court order in a facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children, the board of county commissioners is entitled to collect from the parent, parents or guardian of such child all sums of money expended by the county for the care and support of the child during the period of his detention.
2. If the parent, parents or guardian fails or refuses so to reimburse the county, the board of county commissioners may recover from such parent, parents or guardian, by appropriate legal action, all sums of money due together with interest thereon at the rate of 7 percent per annum.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 537κ
Senate Bill No. 482Committee on Government Affairs
CHAPTER 378
AN ACT to amend NRS 244.556, relating to advances from the county general fund to cover the cost of public improvements by special assessments without the issuance of bonds, by increasing the amount which may be advanced.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.556 is hereby amended to read as follows:
244.556 Where the cost of an improvement to be defrayed by special assessment does not exceed [$100,000,] $150,000, the board of county commissioners may advance moneys to cover the cost of such improvement from the general fund of the county, in lieu of issuing bonds.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 477Committee on Government Affairs
CHAPTER 379
AN ACT to amend NRS 268.670, relating to annexation of contiguous territory by a city, by requiring prior notice to the board of county commissioners of the county in which the city lies.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 268.670 is hereby amended to read as follows:
268.670 1. Notwithstanding the provisions of NRS 268.610 to 268.668, inclusive, the governing body of a city may, after notifying the board of county commissioners of the county in which the city lies of its intention, annex:
(a) Contiguous territory owned in fee by the city.
(b) Other contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.
2. For the purposes of this section, contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the state or by the State of Nevada.
________
κ1975 Statutes of Nevada, Page 538κ
Senate Bill No. 476Committee on Government Affairs
CHAPTER 380
AN ACT requiring the preparation and recordation of amended plats, surveys or maps correcting errors or omissions detected after a certain date; imposing duties on registered land surveyors and county surveyors; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.491 is hereby amended to read as follows:
278.491 1. If an error or omission in any [recorded] subdivision plat, record of survey or reversionary map recorded after June 1, 1973, is discovered by a county surveyor or is accurately reported to him, an amended plat, survey or map, correcting such error or supplying such omission, shall be prepared and recorded within 90 days of such discovery or report. The registered land surveyor who made the survey shall prepare and record the amended plat, survey or map. If such surveyor is no longer professionally active in the county, the preparation and recording shall be handled by the county surveyor.
2. The county surveyor shall send written notice to all persons having any record title interest in the property affected by such amendments. Mailing shall be to the last-known address of such persons, which shall be supplied by the registered land surveyor or obtained from him.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 212Committee on Education
CHAPTER 381
AN ACT relating to certification of educational personnel; adding to the enumeration of causes and clarifying the procedure for the suspension or revocation of a teachers or school administrators certificate; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.330 is hereby amended to read as follows:
391.330 The state board of education [shall have power to] may suspend or revoke any state diploma or any state certificate of any teacher [,] or administrator, after notice and an opportunity for hearing before the state board of education, for:
1. Immoral or unprofessional conduct.
2. Evident unfitness for [teaching.] service.
3. Physical or mental incapacity which renders such teacher or administrator unfit for service.
κ1975 Statutes of Nevada, Page 539 (CHAPTER 381, SB 212)κ
4. Conviction of a felony or crime involving moral turpitude.
5. Conviction of a sex offense under NRS 200.363, 200.365, 201.190, 201.220, 201.230 or 207.260 in which a student enrolled in a school of a Nevada public school district was the victim.
6. Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.
7. Persistent defiance of or refusal to obey [the laws of this state,] the rules and regulations of the state board of education, or the rules and regulations of the superintendent of public instruction, defining and governing the duties of teachers [.] and administrators.
Sec. 2. NRS 391.350 is hereby amended to read as follows:
391.350 1. If any teacher employed by any board of trustees of a school district for a specified time [shall fail] fails to comply with the provisions of his contract without the written consent of the board of trustees, the teacher [shall be deemed] is guilty of unprofessional conduct. If such teachers failure to comply with the provisions of his contract is the result of his having subsequently executed an employment contract with another board of trustees of a school district in this state without the written consent of the board of trustees first employing him, the second such contract is void.
2. Upon receiving formal complaint from the board of trustees, substantiated by conclusive evidence of such failure, the state board of education may suspend or revoke the certificate of the teacher [.] after notice and opportunity for a hearing.
3. State education agencies in other states shall be notified of any revocation for the reasons set forth in this section.
Sec. 3. NRS 391.355 is hereby amended to read as follows:
391.355 1. The [state board of education] attorney general [is authorized to] shall [adopt] develop rules of procedure for the conduct of hearings involving suspension or revocation of teachers or administrators certificates [.] , which shall be adopted and promulgated by the state board of education.
2. The rules of procedure shall provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.
3. The state board of education [is empowered to] may issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of teachers or administrators certificates.
4. A hearing officer, qualified under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations, to the state board of education. The state board may accept or reject the recommendations or refer the report back to the hearing officer for further evidence and recommendation, and shall notify the teacher or administrator in writing of its decision.
________
κ1975 Statutes of Nevada, Page 540κ
Assembly Bill No. 550Assemblyman May
CHAPTER 382
AN ACT relating to public works; exempting public works contractors from responsibility for extra costs incurred as a result of errors or omissions of the public agency in drafting the contract documents.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 338.140 is hereby amended to read as follows:
338.140 1. No agency of this state nor any political subdivision, municipal corporation or district, nor any public officer or person charged with the letting of contracts for the construction, alteration or repair of public works shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration or repair of public works;
(a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern; or
(b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words or equal so that bidders may furnish any equal material, product, thing or service.
(c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public agency in the contract documents.
2. In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the specifying agency, it may list only one.
3. Specifications shall provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of an equal item.
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Assembly Bill No. 397Committee on Commerce
CHAPTER 383
AN ACT relating to marriage; adjusting fees charged by the commissioner of civil marriages.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 122.181 is hereby amended to read as follows:
122.181 The commissioner of civil marriages or his deputy commissioner of civil marriages is entitled to receive as his fee for solemnizing a marriage during regular office hours on weekdays the sum of [not more than $15.]
κ1975 Statutes of Nevada, Page 541 (CHAPTER 383, AB 397)κ
than $15.] $25. The fee for solemnizing a marriage on Saturdays, Sundays, holidays or during any hours other than regular business hours is [not more than $20.] $30. All fees received for solemnizing marriages by the commissioner or his deputy shall be deposited in the county general fund.
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Assembly Bill No. 407Assemblymen Benkovich, Christensen, Heaney, Wittenberg, Barengo and Murphy
CHAPTER 384
AN ACT relating to general improvement districts; permitting the boards of county commissioners in all counties to serve as ex officio board of trustees of certain districts; and providing other matters properly relating thereto.
[Approved May 9, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, and in counties with a population of less than 200,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of [such a] any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. [The] A board of county commissioners may exercise [such option by] the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district.
κ1975 Statutes of Nevada, Page 542 (CHAPTER 384, AB 407)κ
district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within such 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
4. When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners shall be chairman of the board and president of the district.
(d) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
(e) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
(f) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
(g) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
(h) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
(i) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.
________
κ1975 Statutes of Nevada, Page 543κ
Senate Bill No. 448Senators Raggio, Young, Foote, Gojack and Wilson
CHAPTER 385
AN ACT relating to the Nevada State Fair; making an appropriation to Nevada State Fair, Inc., a nonprofit organization, for capital improvements to the fair grounds.
[Approved May 9, 1975]
Whereas, The Nevada State Fair is conducted annually on land owned by the State of Nevada and held on a long-term lease by Washoe County; and
Whereas, The fair has been carried on for many years by the Nevada State Fair, Inc., a nonprofit organization, which in past years has contributed large sums of money for construction of facilities and improvements on the fair grounds; and
Whereas, The sum of $100,000 is presently required for additional capital improvements for the fair grounds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the state general fund the sum of $100,000 to the board of directors of Nevada State Fair, Inc., for the purpose of making capital improvements to the fair grounds located in Washoe County, Nevada.
2. No portion of the moneys appropriated in subsection 1 may be released by the state board of examiners until the state board of examiners receives satisfactory proof that the board of directors of Nevada State Fair, Inc., has received the sum of $100,000 from other public and private sources for the specific purpose of making capital improvements to the fair grounds located in Washoe County, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 434Assemblymen Young, Howard, Benkovich, Getto, Polish, Jacobsen, Dini and Demers
CHAPTER 386
AN ACT relating to state grazing boards; providing for the election of members and terms of office; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 568.010 is hereby amended to read as follows:
568.010 As used in NRS 568.010 to 568.210, inclusive, Taylor Grazing Act means the Act of Congress entitled An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes, approved June 28, 1934, being c.
κ1975 Statutes of Nevada, Page 544 (CHAPTER 386, AB 434)κ
stabilize the livestock industry dependent upon the public range, and for other purposes, approved June 28, 1934, being c. 865, 48 Stat. 1269, also designated as 43 U.S.C. §§ 315 to 315r, inclusive [.] , any amendment thereto and any replacement therefor, including provisions of the Code of Federal Regulations adopted and promulgated pursuant to any such act, amendment or replacement, providing for grazing districts or for payment of a portion of the moneys derived from grazing fees or grazing leases to the State of Nevada.
Sec. 2. NRS 568.030 is hereby amended to read as follows:
568.030 [1.] All moneys derived from grazing fees and grazing leases received by the state [prior to and after March 14, 1929,] under the provisions of the Taylor Grazing Act shall be deposited [at once] in the state treasury in a special fund [to be] designated the Nevada Taylor Grazing Act range improvement [fund.
2. Thereafter, without unnecessary delay, the proper state officers authorized by statute to administer, control and disburse state funds in general, shall take such steps and perform such acts as may be necessary to determine what part of the funds were derived from grazing fee collections and what part were derived from grazing lease charges, from each grazing district or county concerned, and shall then apportion and distribute the Nevada Taylor Grazing Act range improvement fund as follows:] fund, to be allocated as follows:
[(a)] 1. That part of the fund derived from grazing fee collections from each [Taylor Grazing Act] Bureau of Land Management grazing district [concerned] shall be [apportioned and] distributed to each county according to its proportionate acreage of such grazing district, and all such funds received by any county shall be placed [at once] in a special fund to be designated as the range improvement fund of grazing district No. ............. Where more than one grazing district is situated in any one county, separate funds shall be kept by such county for each district. Such funds shall be subject to disposition only by the state grazing board for each grazing district concerned, in the manner provided in NRS 568.010 to 568.210, inclusive.
[(b)] 2. That part of the fund derived from grazing lease charges from lands situated outside grazing districts shall be [apportioned and] distributed to each county according to its proportionate acreage of the lands from which such lease charges were derived, and all such funds received by any county shall be placed [at once] in a special fund to be designated as the range improvement fund of ....................... County. All such funds shall be subject to disposition by the board of county commissioners of each county concerned for range improvements and related matters directly beneficial to the stockraising and ranching enterprises of the county; but any project involving range improvements undertaken by any board of county commissioners on public lands within a grazing district established under provisions of the Taylor Grazing Act shall be undertaken by such board only in cooperation with the federal officials in charge of such district as provided for in NRS 568.010 to 568.210, inclusive.
Sec. 2.5. NRS 568.040 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 545 (CHAPTER 386, AB 434)κ
568.040 For the purpose of directing and guiding the disposition of the range improvement fund of each grazing district concerned, in those manners most beneficial to the stockraising payers of the grazing fees from which such funds are derived and to the counties concerned, there is hereby created a state board for each Bureau of Land Management grazing district established and existing in Nevada under the provisions of the Taylor Grazing Act.
Sec. 3. NRS 568.060 is hereby amended to read as follows:
568.060 1. The members and the chairman of each of the state grazing boards for the year 1975 shall be the members and chairmen of each of the boards of district advisers of each grazing district elected, qualified and serving on January 1, 1975, under the provisions of the Taylor Grazing Act and the regulations promulgated under the provisions of that act. [, except that membership on such state boards shall be limited to residents of the State of Nevada.] Such members shall serve until their successors are elected and qualified as provided in this section.
2. On and after January 1, 1976, each state grazing board shall consist of not less than five nor more than twelve stockmen who graze livestock upon the public lands within the grazing district for which such state grazing board is created. Officers and directors of corporations and partners of partnerships which conduct such grazing are qualified to be elected to serve on such boards on behalf of such corporation or partnership. The term of each member is 3 years, beginning on January 1 next after his election.
3. In November of 1975 and in November of each third year thereafter, each state grazing board shall specify the number of members to serve on that state grazing board for the following term. Thereafter, the board shall conduct an election of the members to serve for that term.
4. If a new grazing district is established, the central committee of Nevada state grazing boards shall, within 90 days after the order establishing the district, appears in the Federal Register, specify the number of members to serve on the state grazing board for the new district. Thereafter the central committee of the Nevada state grazing boards shall conduct an election of the board members to serve for the balance of the current 3-year term.
5. If any vacancy occurs on a state grazing board for any reason, the remaining board members shall elect a qualified successor to fill the vacancy for the unexpired term.
6. A duly qualified person elected to serve as a member of a state grazing board shall assume office after taking the oath of office contained in NRS 282.020.
7. The persons, partnerships, associations or corporations holding licenses or permits to graze livestock on the public lands within the grazing district served by a state grazing board shall elect the members to serve on that state grazing board, except as otherwise provided in this section, and each such permittee is entitled to one vote. The particular state grazing board shall supply the names of eligible persons to be elected to serve on the board to each permittee within the district so that each permittee may cast his vote for a candidate of his choice. The secretary of the state grazing board for such grazing district shall certify the results of the election.
κ1975 Statutes of Nevada, Page 546 (CHAPTER 386, AB 434)κ
of the state grazing board for such grazing district shall certify the results of the election.
Sec. 4. NRS 568.070 is hereby amended to read as follows:
568.070 Each state grazing board [is authorized to] may select its own chairman, attorney and secretary [and to] and may determine [his] the secretarys and attorneys remuneration, and such remuneration shall be considered as administrative expenses of each board concerned, to be paid as provided for in NRS 568.010 to 568.210, inclusive.
Sec. 5. NRS 568.080 is hereby amended to read as follows:
568.080 [1.] The members of the state grazing boards shall serve without remuneration for their time and services, but [shall be] are entitled to [their actual necessary travel and subsistence expenses while performing their duties as prescribed in NRS 568.010 to 568.210, inclusive.
2. Such expenses shall be limited to not to exceed 5 cents per mile for necessary travel by personally-owned automobile, or actual train or bus fare, as the case may be, and not to exceed their actual necessary costs for meals and lodging as supported by receipts covering payment for those costs.
3. In no case shall subsistence costs be charged or paid unless the member concerned is required by the business of the state grazing board to be absent from his home at least over 1 night.] the travel expenses and subsistence allowances provided for state officers and employees while performing their duties as prescribed in NRS 568.010 to 568.210, inclusive.
Sec. 6. NRS 568.120 is hereby amended to read as follows:
568.120 Each state grazing board [is authorized to] may pay moneys out of the range improvement fund of its grazing district:
1. For the construction and maintenance of range improvements or any other purpose beneficial to the stockraising and ranching industries and, in turn, the counties situated within the grazing district concerned. None of the funds shall be [so disposed of] used for projects involving construction or maintenance, or both, of range improvements on public or state lands unless some legally constituted and authorized federal [or state governmental] , state, county or city department, division, bureau, service, board or commission is available for and authorized and willing to undertake direct management and supervision of the project concerned.
2. For the payment of proper administrative costs of the board, including travel [and subsistence costs] expenses and subsistence allowances of its members and for the payment of the services of its secretary and his necessary office [expenses.] expenses and for the services of its attorney.
3. For contributions to defray [expenses] costs and expenses for activities and projects incurred under its written authorization by the central committee of Nevada state grazing boards as provided for under NRS 568.170 to 568.200, inclusive.
Sec. 7. NRS 568.140 is hereby amended to read as follows:
568.140 1. [In the case of any] Any project involving construction and maintenance of range improvements as provided for in NRS 568.010 to 568.210, inclusive, [and] on public lands within any grazing district established under the provisions of the Taylor Grazing Act, [such project or projects] shall be undertaken only under cooperative agreements entered into on the part either of the state grazing boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned.
κ1975 Statutes of Nevada, Page 547 (CHAPTER 386, AB 434)κ
or projects] shall be undertaken only under cooperative agreements entered into on the part either of the state grazing boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned.
2. [In the case of any project involving other than construction and maintenance of range improvements, and in cases where the state grazing boards are empowered by NRS 568.120 to pay out moneys, such project shall be undertaken only under cooperative agreements entered into on the part of the state grazing boards and either the federal or state officials, as the state grazing boards concerned may decide, who are in charge of the governmental department, division, bureau, service, board or commission in charge of and having jurisdiction over the kind of project concerned.] Any project mentioned in NRS 568.120 that is within the jurisdiction of a governmental entity and does not involve construction and maintenance of range improvements shall be undertaken only under cooperative agreements entered into by the state grazing boards and the appropriate governmental entities.
Sec. 8. NRS 568.150 is hereby amended to read as follows:
568.150 1. [Either the] The boards of county commissioners [or] and the state grazing boards [concerned, as the case may be, are authorized to] may enter into [such] cooperative agreements [and to take such steps as may be necessary,] under the provisions of NRS 568.010 to 568.210, inclusive, [to] and may contribute from their respective funds to the projects under the terms of the cooperative agreements.
2. Such cooperative agreements shall:
(a) Prescribe the manner, terms and conditions of cooperation and the amounts to be contributed from the range improvement fund of the grazing district or county concerned, as the case may be.
(b) Provide that the direct management and supervision of the projects shall be exercised by the officials in charge of the federal [or state governmental] , state, county or city department, division, bureau, service, board or commission designated in the cooperative agreements as the agency cooperating with the state grazing board.
Sec. 9. NRS 568.160 is hereby amended to read as follows:
568.160 1. Any [funds] moneys coming into or remaining in the possession of any federal [or state] , state or local governmental agency as a result of cooperation between any such agency and any of the state grazing boards, as provided in NRS 568.140 and 568.150, may be restored to or placed in the range improvement fund of the grazing district concerned.
2. [In the case of any such restoration or placement, the state grazing board concerned shall first advise the federal or state agency concerned, by resolution, as to the amounts in which the restorations or placements shall be made in the case of each county within such district, whereupon the restoration or placement shall be made directly to the county concerned by the federal or state agency concerned in accordance with such resolution.] The state grazing board shall, by resolution, request the federal, state or local governmental agency to pay to each county within the district moneys to be restored or placed in the particular range improvement fund. Such moneys shall thereafter be paid to each county within the district by the federal, state or local governmental agency.
κ1975 Statutes of Nevada, Page 548 (CHAPTER 386, AB 434)κ
3. Any such funds received by any county shall be placed [at once] in the range improvement fund of the district concerned and shall immediately become subject to [all] the provisions of NRS 568.010 to 568.210, inclusive. [, applying to the fund.]
Sec. 10. NRS 568.170 is hereby amended to read as follows:
568.170 1. To provide a means whereby they may act together in matters of common interest and of general rather than local concern in carrying out the provisions of NRS 568.010 to 568.210, inclusive, state grazing boards [are authorized and empowered to] shall establish a committee which shall be known as the central committee of Nevada state grazing boards.
2. The committee shall consist of either one or two members selected by and from the membership of each of the state grazing boards. [In all cases where two members are selected, one shall be representative of the cattle business and one shall be representative of the sheep business.]
3. The members so selected shall serve at the pleasure of their respective state grazing boards and whenever a majority of the state grazing boards shall have selected their member or members of the central committee, and authorized them so to do, those selected may meet and organize.
Sec. 11. NRS 568.190 is hereby amended to read as follows:
568.190 Within the limitations contained in NRS 568.200, the central committee may:
1. Select its own officers, secretary, attorney and such subcommittees as it may deem necessary.
2. Adopt its own rules for the calling and holding of meetings and the carrying out of such instructions as may be received from time to time from a majority of the state grazing boards.
________
Assembly Bill No. 345Assemblyman May
CHAPTER 387
AN ACT relating to dispensing opticians; providing for employment and supervision of apprentice dispensing opticians; requiring continuing education for licensed dispensing opticians; providing reinstatement fee for a previously revoked certificate; revising the amount of compensation and travel expenses paid to members of the board of dispensing opticians; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A licensed dispensing optician may employ any person to engage in the business of dispensing optician if such person is registered with the board as an apprentice dispensing optician.
2. A licensed dispensing optician shall:
κ1975 Statutes of Nevada, Page 549 (CHAPTER 387, AB 345)κ
(a) Supervise all work done by an apprentice dispensing optician.
(b) Be in attendance, except for brief absences, whenever an apprentice dispensing optician is engaged in ophthalmic dispensing.
3. A licensed dispensing optician may not have under his supervision more than two apprentice dispensing opticians at any one time.
Sec. 3. 1. Except as provided in subsection 2, all licensed dispensing opticians are required to complete a yearly program of continuing education in ophthalmic dispensing.
2. Licensed dispensing opticians:
(a) On active military service; or
(b) Who are 60 years of age or more and have been continuously engaged in full-time ophthalmic dispensing for a minimum of 15 years after reaching 35 years of age,
are exempt from the requirement of this section.
3. The program of continuing education in ophthalmic dispensing shall:
(a) Encompass such subjects as are established by board regulations.
(b) Consist of a maximum of 12 hours in each calendar year.
Sec. 4. NRS 637.020 is hereby amended to read as follows:
637.020 1. In this chapter, unless the context otherwise requires:
(a) Apprentice dispensing optician means a person receiving practical training and experience in ophthalmic dispensing in accordance with regulations established by the board.
(b) Board means the board of dispensing opticians.
[(b)] (c) Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
[(c)] (d) Licensed physician, surgeon or optometrist means a person licensed by the respective state board having jurisdiction thereof.
[(d)] (e) Ophthalmic dispensing means the practice of filling prescriptions of licensed physicians, surgeons or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, duplication of lenses, and the measurement, fitting or adaption of contact lenses to the human eye under the direction and supervision of a physician or surgeon licensed in the State of Nevada.
[(e)] (f) Person means an individual only.
2. As used in this chapter, unless the context otherwise requires:
(a) Words in the masculine gender shall include the feminine gender.
(b) Words in the singular shall include the plural.
(c) Words in the plural shall include the singular.
Sec. 5. NRS 637.045 is hereby amended to read as follows:
637.045 Each member of the board shall receive:
1. A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.
2. [Actual] Traveling expenses [for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation,] and subsistence allowances in the amounts specified in NRS 281.160 while traveling on business of the board.
Sec. 6. NRS 637.100 is hereby amended to read as follows:
637.100 A candidate, in order to qualify for examination and certification as an ophthalmic dispenser, must furnish proof that he:
1. Is at least 21 years of age.
κ1975 Statutes of Nevada, Page 550 (CHAPTER 387, AB 345)κ
2. Is of good moral character.
3. Is a citizen of the United States, or is a lawful permanent resident of the United States.
4. Is a graduate of an accredited high school or its equivalent.
5. Has either:
(a) Served as an apprentice for not less than 4 calendar years full-time employment in an optical establishment where prescriptions for optical glasses from given formulae have been filled, and has acquired experience in the production and reproduction of ophthalmic lenses and mounting the same to supporting materials, and 1 year of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist; or
(b) Successfully completed a course of study in a school of ophthalmic dispensing recognized by the board as maintaining a satisfactory standard, and 1 year of ophthalmic experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist.
Sec. 7. NRS 637.110 is hereby amended to read as follows:
637.110 1. An application shall be accompanied by a registration fee of $50.
2. The board shall, in the event it approves an application, examine the applicant in ophthalmic dispensing. The board may, at its discretion, waive the examination of an applicant who is, at the time of application, licensed as an ophthalmic dispenser in another state.
3. The board shall grade the examination papers returned by the candidates and shall keep the examination papers of applicants obtaining a grade of less than 75 percent for at least 1 year.
4. [The board shall refund to an applicant failing to pass an examination $35 of the registration fee.
5.] Any unsuccessful candidate may, upon written request to the board, see his graded examination paper.
Sec. 8. NRS 637.140 is hereby amended to read as follows:
637.140 1. A certificate issued under the provisions of this chapter shall expire on December 31 of each year, and, upon payment of a renewal fee of $15 [,] and presentation of the certificate of completion required by section 3 of this act, may be renewed at any time not later than January 15 of the following year. In the event application for renewal is not made by such date, an additional delinquent fee of $15 shall be charged.
2. A certificate not renewed prior to February 15 of each year shall be deemed forfeited.
Sec. 9. NRS 637.170 is hereby amended to read as follows:
637.170 The board at any time after the date of revocation of a certificate may consider an application for reinstatement, and after consideration it may grant such reinstatement [.] upon the applicants payment of a reinstatement fee of $50.
Sec. 10. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 551κ
Assembly Bill No. 531Committee on Government Affairs
CHAPTER 388
AN ACT relating to public records; requiring notification of the division of state, county and municipal archives in the office of the secretary of state before certain obsolete records are destroyed.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 239.120 is hereby amended to read as follows:
239.120 The district courts of the several judicial districts are authorized to direct the sheriff of any county within their respective judicial districts to destroy, by burning in the presence of the court, ballots, notes taken by official reporters, county warrants and such other obsolete papers and records of no further legal force or effect as the court may designate after a period of 6 years after the filing thereof. Before any papers or records mentioned herein are destroyed by burning, the [Nevada historical society] division of state, county and municipal archives in the office of the secretary of state shall be notified and a representative thereof shall have the privilege of selecting for retention by the [Nevada historical society] division any such papers or records.
________
Assembly Bill No. 527Clark County Delegation
CHAPTER 389
AN ACT relating to county fair and recreation boards; permitting an alternative method of paying collection fees; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.743 is hereby amended to read as follows:
244.743 In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244.640 to 244.780, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, is authorized and empowered (but is not required):
1. To collect the proceeds of such taxes from time to time, to receive, control, invest and order the expenditure of any and all moneys and funds pertaining thereto, to prescribe a procedure therefor, including (but not limited to) enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and to create an office and hire personnel therefor.
κ1975 Statutes of Nevada, Page 552 (CHAPTER 389, AB 527)κ
2. To defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected (excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer). The incorporated cities collectively and any county may enter into an agreement with the board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county shall not exceed 10 percent of the combined gross revenues so collected.
3. To defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244.640 to 244.780, inclusive, including but not limited to making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.
4. To redeem any general obligation bonds of the county issued pursuant to NRS 244.640 to 244.780, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.
5. To make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including, without limiting the generality of the foregoing, the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change shall be made which shall prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244.640 to 244.780, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto shall consent to any such modification.
6. To make rules and regulations concerning such license taxes, and to provide penalties for the failure to comply therewith.
________
κ1975 Statutes of Nevada, Page 553κ
Senate Bill No. 217Committee on Transportation
CHAPTER 390
AN ACT relating to drivers licenses; requiring the use of a colored photograph which distinguishes between licensees over and under 21 years of age; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.347 is hereby amended to read as follows:
483.347 1. [The department may, upon being satisfied that it is feasible, produce a drivers license, bearing a colored photograph of the licensee.
2. If a changeover to this style of license is feasible, it shall not become effective until the department has:
(a) Established] On and after January 1, 1976, the department shall issue a drivers license which:
(a) Bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age; and
(b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicants current driving record is not immediately available at the issuing office.
2. The department shall:
(a) Establish a uniform procedure for the production of such licenses, applicable to renewal as well as to original licenses.
(b) [Determined the costs of such production.
(c) Adjusted the fees provided in NRS 483.410, up to a maximum of 50 cents, if such adjustment is essential to recover additional costs which may be incurred in any such changeover and to that extent only.
3. If the department finds that implementation is not feasible before the convening of the 57th session of the Nevada legislature, the department shall report in detail its findings to the 57th session of the legislature.] Increase the fees provided in NRS 483.410 by an amount up to $1.
Sec. 2. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license issued and service performed the following fees shall be charged:
A license issued to persons 70 years of age or older................................. $3
A license issued to all other persons............................................................ 5
Reinstatement of a license after suspension, revocation or cancellation... .................................................................................................................... 5
A duplicate license, new photograph, change of name, change of address or any combination................................................................... 1
2. For every motorcycle endorsement to a drivers license a $2 fee shall be charged.
3. The increase in fees authorized by NRS 483.347 shall be paid in addition to the fees charged pursuant to subsections 1 and 2.
κ1975 Statutes of Nevada, Page 554 (CHAPTER 390, SB 217)κ
[3.] 4. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380 unless exempt under NRS 483.380.
[4.] 5. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
[5.] 6. All money collected by the department shall be deposited with the state treasurer to the credit of the motor vehicle fund. The amount of the increase in fees authorized by NRS 483.347 shall be allocated to the department to defray the increased costs of license production required by that section.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975. All other sections of this act shall become effective on July 1, 1975.
________
Senate Bill No. 11Committee on Education
CHAPTER 391
AN ACT relating to public officers and employees; revising provisions on employment of related persons; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as provided in this section, it is unlawful for any individual acting as a school trustee, state, township, municipal or county official, or as an [official or employee] employing authority of the University of Nevada, [or the head of any department of] any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University of Nevada, any relative of such individual or of any member of such board, agency or commission, within the third degree of consanguinity or affinity.
2. This section shall not be construed to apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To the wife of the warden of the Nevada state prison.
(d) To the wife of the superintendent of the Nevada girls training center.
κ1975 Statutes of Nevada, Page 555 (CHAPTER 391, SB 11)κ
(e) To relatives of blind officers and employees of the services to the blind division of the department of health, welfare and rehabilitation when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. No person employed contrary to the provisions of this section shall be compensated for such employment.
5. Any person violating any provisions of this section is guilty of a gross misdemeanor.
________
Assembly Bill No. 202Committee on Agriculture
CHAPTER 392
AN ACT relating to pest control; authorizing the executive director of the state department of agriculture to investigate and control vertebrate pests; making an appropriation; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The executive director may cooperate, financially or otherwise, with any federal agency or department, any other state agency or department, any county, city, public district or political subdivision of this state, any public or private corporation, any individual or group of individuals in suppressing vertebrate pests injurious to the state agricultural interests and in suppressing vertebrate pest vectors of diseases transmissible and injurious to humans.
Sec. 2. NRS 555.005 is hereby amended to read as follows:
555.005 As used in this chapter, unless the context requires otherwise: [, department]
1. Department means the state department of agriculture.
2. Executive director means the executive director of the department.
3. Vertebrate pest means any animal of the subphylum Vertebrata, except predatory animals, which is normally considered to be a pest, such as a gopher, ground squirrel, rat, mouse, starling or blackbird, or which the executive director may declare to be a pest.
Sec. 3. NRS 555.010 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 556 (CHAPTER 392, AB 202)κ
555.010 Within the limits of any appropriation made by law, the executive director [of the department] is authorized to investigate the prevalence of vertebrate and invertebrate pests of plants and animals, plant diseases and physiological plant disorders which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.
Sec. 4. 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.] 4. Licensee means any person licensed under the provisions of NRS 555.235 to 555.249, inclusive.
[6.] 5. Nursery means any ground or place where nursery stock is grown, stored, packed, treated, fumigated or offered for sale.
[7.] 6. 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.] 7. 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.
[9.] 8. Person means any individual, firm, corporation, company or association.
[10.] 9. 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.] 10. 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.] 11. 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.] 12. Sell means exchange, offer for sale, expose for sale, have in possession for sale or solicit for sale.
Sec. 5. NRS 555.530 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 557 (CHAPTER 392, AB 202)κ
555.530 The board of directors of a rodent control district may:
1. With the approval of the executive director, [of the department,] appoint a rodent control officer.
2. Receive and expend any moneys provided by assessment, voluntary contribution or otherwise for the control of rodents in the district.
3. Exercise any other power necessary or proper to effectuate the purposes for which the district exists.
4. Elect a chairman from among its members, and secretary who may or may not be a member.
Sec. 6. NRS 555.2635 is hereby repealed.
Sec. 7. There is hereby appropriated from the general fund in the state treasury to the department of agriculture to be used by the division of plant industry for the purpose of administering the program of vertebrate pest control:
1. For the remainder of fiscal year 197475 the sum of $4,800.
2. For the fiscal year 197576 the sum of $25,735.
3. For the fiscal year 197677 the sum of $22,504.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 506Senators Close, Wilson, Bryan, Foote, Hilbrecht, Sheerin and Dodge
CHAPTER 393
AN ACT relating to community property laws; providing equal management and control of the community property to each spouse; deleting provisions which dispensed with probate of community property under certain circumstances; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 12.020 is hereby amended to read as follows:
12.020 [When a married woman is a party, her husband must be joined with her, except:
1. When the action concerns her separate property, or her right or claim to the homestead property, she may sue alone.
2. When the action is between herself and her husband, she may sue or be sued alone.
3. When the husband resides out of, has department from, or after due diligence cannot be found within, the state, or she is living separate and apart from her husband by reason of his desertion of her, or by agreement, in writing, entered into between them, she may sue or be sued alone.]
1. Husband and wife may sue jointly on all causes of action belonging to either or both of them, except:
(a) When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; and
κ1975 Statutes of Nevada, Page 558 (CHAPTER 393, SB 506)κ
(b) When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party.
Sec. 2. NRS 12.030 is hereby amended to read as follows:
12.030 If husband and wife are sued together, [the wife may defend of her own right,] either or both may defend, and if either [neglect] neglects to defend, the other may defend for both.
Sec. 3. Chapter 123 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. As used in this chapter, unless the context requires otherwise, words in the masculine gender include the feminine gender.
Sec. 5. When a husband and wife sue jointly, any damages awarded shall be segregated as follows:
1. If the action is for personal injuries, damages assessed for:
(a) Personal injuries and pain and suffering, to the injured spouse as his separate property.
(b) Loss of comfort and society, to the spouse who suffers such loss.
(c) Loss of services and hospital and medical expenses, to the spouses as community property.
2. If the action is for injury to property, damages shall be awarded according to the character of the injured property. Damages to separate property shall be awarded to the spouse owning such property, and damages to community property shall be awarded to the spouses as community property.
Sec. 6. NRS 123.050 is hereby amended to read as follows:
123.050 [Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage.] Neither the separate property of a spouse nor his share of the community property is liable for the debts of the other spouse contracted before the marriage.
Sec. 7. NRS 123.090 is hereby amended to read as follows:
123.090 If the husband neglects to make adequate provision for the support of his wife, any other person may in good faith supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. The separate property of the husband is liable for the cost of such necessities if the community property of the spouses is not sufficient to satisfy such debt.
Sec. 8. NRS 123.100 is hereby amended to read as follows:
123.100 [A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified by his misconduct in abandoning him.] A husband or wife abandoned by his spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the husband or wife justified the abandonment.
Sec. 9. NRS 123.130 is hereby amended to read as follows:
123.130 1. All property of the wife owned by her before marriage, and that acquired by her afterwards by gift, bequest, devise [or descent,] , descent or by an award for personal injury damages, with the rents, issues and profits thereof, is her separate property.
2. All property of the husband owned by him before marriage, and that acquired by him afterwards by gift, bequest, devise [or descent,] , descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.
κ1975 Statutes of Nevada, Page 559 (CHAPTER 393, SB 506)κ
descent or by an award for personal injury damages, with the rents, issues and profits thereof, is his separate property.
Sec. 10. NRS 123.140 is hereby amended to read as follows:
123.140 1. A full and complete inventory of the separate property of [the wife,] a married person, exclusive of money, [must] may be made out and signed by [her,] such person, acknowledged or proved in the manner required for the acknowledgment or proof of a conveyance of real property, and [shall] may be recorded, if [she be] such person is a resident of this state, in the office of the recorder of the county in which [she] such person resides. If any real property lying in another county [be] is included in [the] a recorded inventory, then the inventory shall be also recorded in the office of the recorder of such other county.
2. If the [wife] married person is not a resident of this state, [the] a recorded inventory shall be recorded in the office of the recorder of each county where any portion of the property, real or personal, is situated, located or used.
3. From time to time thereafter, a further and supplemental inventory [shall] may be made out, signed, acknowledged or proved, and recorded in like manner, of all other separate property afterward acquired by [the wife,] such married person, excepting money, and the rents, issues and profits of [her] such persons separate property, included in the original or any subsequent inventory, if the same be in money.
Sec. 11. NRS 123.150 is hereby amended to read as follows:
123.150 1. When [the wife] a married person is a resident of this state, the filing for record of the inventory of [her] such persons separate property in the office of the recorder of the county in which [she] such person resides is notice of [her] such persons title to the same, except as to any real property situate in another county; and as to such real property, the filing for record of the inventory thereof in the office of the recorder of the county where the same is situate, is notice of [her] such persons title thereto.
2. When [the wife] a married person is not a resident of this state, the filing for record of the inventory of [her] such persons separate property in the office of the recorder of the county where any portion of such property, real or personal, included in the inventory is situate, located or used, is notice of [her] such persons title as to all such property situate, located or used in such county.
Sec. 12. NRS 123.160 is hereby amended to read as follows:
123.160 1. When [the wife] a married person is a resident of this state, the failure to file for record an inventory of [her] such persons separate property in the office of the recorder of the county [in which she resides,] of residence, or the omission from the inventory, filed for record in such office, of any part of such property, except as to real property situate in another county, is prima facie evidence, as between [the wife] such married person and purchasers in good faith and for a valuable consideration from [the husband,] the other spouse, that the property of which no inventory has been so filed, or which has been omitted from the inventory, is not the separate property of [the wife.] such person. As to any real property situate in another county, the failure to file for record an inventory thereof in the office of the recorder of the county where the same is situate, or the omission from the inventory, filed for record in such office, of any part of such real property, is prima facie evidence, as between [the wife] the married person and such purchasers as aforesaid, that such real property of which no inventory has been so filed, or which has been omitted from the inventory, is not [her] such persons separate property.
κ1975 Statutes of Nevada, Page 560 (CHAPTER 393, SB 506)κ
an inventory thereof in the office of the recorder of the county where the same is situate, or the omission from the inventory, filed for record in such office, of any part of such real property, is prima facie evidence, as between [the wife] the married person and such purchasers as aforesaid, that such real property of which no inventory has been so filed, or which has been omitted from the inventory, is not [her] such persons separate property.
2. When [the wife] a married person is not a resident of this state, the failure to file for record an inventory of [her] such persons separate property in the office of the recorder of the county where any portion of such property is situate, located or used, or the omission from the inventory, filed in such office, of any part of such property, is, as to all such property situate, located or used in that county, of which no inventory has been so filed, or which has been omitted from the inventory, prima facie evidence, as between the [wife] married person and such purchasers as aforesaid, that the same is not [her] such persons separate property.
3. The provisions of NRS 123.140, 123.150 and this section do not preclude the introduction of other evidence to show the separate or community character of the property of the spouses.
Sec. 13. NRS 123.170 is hereby amended to read as follows:
123.170 [The wife] Either spouse may, without the consent of [her husband,] the other spouse, convey, charge, encumber or otherwise in any manner dispose of [her] his separate property.
Sec. 14. NRS 123.180 is hereby amended to read as follows:
123.180 [The earnings and accumulations of the wife and of her minor children, living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.]
1. Any property acquired by a child by gift, bequest, devise or descent, with the rents, issues and profits thereof, is his own property, and neither parent is entitled to any interest therein.
2. The earnings and accumulations of earnings of a minor child are the community property of his parents unless relinquished to the child. Such relinquishment may be shown by written instrument, proof of a specific oral gift, or proof of a course of conduct.
3. When a husband and wife are living separate and apart the earnings and accumulations of earnings of their minor children, unless relinquished, are the separate property of the spouse who has their custody or, if no custody award has been made, then the separate property of the spouse with whom such children are living.
Sec. 15. NRS 123.220 is hereby amended to read as follows:
123.220 All property, other than that stated in NRS 123.130, acquired after marriage by either husband or wife, or both, [except as provided in NRS 123.180 and 123.190, is community property.] is community property unless otherwise provided by:
1. An agreement in writing between the spouses, which is effective only as between them.
2. A decree of separate maintenance issued by a court of competent jurisdiction.
3. NRS 123.190.
Sec. 16. NRS 123.230 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 561 (CHAPTER 393, SB 506)κ
123.230 [The husband shall have the entire management and control of the community property, with the like absolute power of disposition thereof, except as provided in this chapter, as of his own separate estate; provided:
1. That no deed of conveyance or mortgage of any real property held as community property shall be valid for any purpose whatever unless both the husband and wife execute and acknowledge the same, except as provided in subsection 3.
2. That the wife shall have the entire management and control of the earnings and accumulations of herself and her minor children living with her, with the like power of disposition thereof, when the earnings and accumulations are used for the care and maintenance of the family.]
1. Either spouse, acting alone, may manage and control community property, whether acquired before or after July 1, 1975, with a like power of disposition as the acting spouse has over his separate property, except that:
(a) Neither spouse may devise or bequeath by will more than one-half of the community property.
(b) Neither spouse may make a gift of community property without the express or implied consent of the other.
(c) Neither spouse may sell, convey or encumber the community real property without the other spouse joining in the execution of the deed or other instrument by which the real property is sold, conveyed or encumbered, and such deed or other instrument must be acknowledged by both spouses.
(d) Neither spouse may purchase or contract to purchase community real property without the other spouses joining in the transaction of purchase or in the execution of the contract to purchase.
(e) Neither spouse may create a security interest, other than a purchase money security interest as defined in NRS 104.9107, in, or sell, community household goods, furnishings, appliances or automobiles unless the other spouse joins in executing the security agreement or contract of sale, if any.
(f) Neither spouse may acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of a business where both spouses participate in its management without the consent of the other. If only one spouse participates in such management, he may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of the business without the consent of the nonparticipating spouse.
[3. The] 2. Notwithstanding the provisions of subsection 1, the husband or wife may, by written power of attorney, give to the other the complete power to sell, convey or encumber any [real] property held as community property.
Sec. 17. NRS 123.250 is hereby amended to read as follows:
123.250 1. Upon the death of either husband or wife [, one-half of] :
(a) An undivided one-half interest in the community property [belongs to the surviving spouse; the other half] is the property of the surviving spouse and his or her sole separate property.
κ1975 Statutes of Nevada, Page 562 (CHAPTER 393, SB 506)κ
(b) The remaining interest is subject to the testamentary disposition of the decedent, [and] in the absence thereof goes to the surviving spouse, and is the only portion subject to [the provisions of NRS 123.260.] administration under the provisions of Title 12 of NRS.
2. The provisions of this section apply to all community property, whether acquired prior to subsequent to July 1, [1957.] 1975.
Sec. 18. NRS 41.170, 123.040, 123.120, 123.200, 123.210 and 123.260 are hereby repealed.
________
Senate Bill No. 455Committee on Judiciary
CHAPTER 394
AN ACT relating to county government; providing for the sheriff of each county to serve on the county license and liquor boards; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every person, firm, association of persons or corporation wishing to engage in 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, shall:
(a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired. Such application shall be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, who shall present the same to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. The board shall then and there grant or refuse the license prayed for or enter such other order as is consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.
2. The board of county commissioners [of each county,] and the sheriff of [any] each county [which does not have a metropolitan police department under the provisions of chapter 280 of NRS,] shall constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.
κ1975 Statutes of Nevada, Page 563 (CHAPTER 394, SB 455)κ
license board shall be the clerk thereof, in the respective counties of this state.
3. The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:
(a) Fix, impose and collect license fees upon the businesses herein mentioned.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order shall state the reason for suspension or limitation and shall afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of such hearing shall be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. New regulations shall be adopted after the public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which shall not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.
6. Except for the adoption of new regulations a majority vote of the members of the license board present shall govern in the transaction of all business. A majority of the members thereof shall constitute a quorum for the transaction of business.
7. Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.
8. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.
Sec. 2. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners [in each of the several counties,] and the sheriff of [any] each county [which does not have a metropolitan police department under the provisions of chapter 280 of NRS,] are empowered and commissioned, for the purposes of this section, to act jointly, without further compensation, as a liquor board, to grant or refuse liquor licenses, and to revoke such licenses whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation.
κ1975 Statutes of Nevada, Page 564 (CHAPTER 394, SB 455)κ
2. It is hereby declared to be the power and duty of the liquor board in each of the several counties to enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of females or minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or whereby the sale or disposition of liquor a disorderly house or place is maintained.
3. All liquor dealers within any incorporated city or town are to be exempt from the force and effect of this section, and are to be regulated only by the city government therein.
________
Assembly Bill No. 530Committee on Government Affairs
CHAPTER 395
AN ACT relating to the secretary of state; increasing certain photocopy fees; permitting charges to public agencies for certain services; and providing other matters properly relating thereto.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 225.110 is hereby amended to read as follows:
225.110 1. The secretary of state is invested with all the duties, powers, purposes, responsibilities and jurisdiction of the photocopy room. He shall be responsible for its management and he shall administer all of its activities.
2. The secretary of state may have such technical and operational staff as the execution of the work in the photocopy room may require.
3. The secretary of state is authorized to collect such fees as may be provided by law for photocopies, microfilming and other work performed in the photocopy room, and such fees shall be deposited in the general fund. He may accept contributions of photocopy paper, chemicals, microfilm and other supplies from other state departments and agencies and from the various political subdivisions [.] and may charge a reasonable fee for services performed for such departments, agencies and subdivisions.
4. Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the fund of the office of the secretary of state as other claims against the state are paid.
κ1975 Statutes of Nevada, Page 565 (CHAPTER 395, AB 530)κ
claims against the state are paid. All claims shall be approved by the secretary of state before they are paid.
Sec. 2. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of principal office or resident agent, or a new designation of resident agent following resignation, death or removal from the state of the resident agent previously designated, shall be $5.
2. The fee for filing a designation of resident agent, other than as provided in NRS 78.160, shall be $5.
3. The fee for certifying to articles of incorporation where a copy is provided shall be $5.
4. The fee for certifying to a copy of amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, shall be $5.
5. The fee for certifying to an authorized printed copy of the general corporation law as compiled by the secretary of state shall be $5.
6. The fee for certifying to the reservation of a corporate name shall be $2.
7. The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, shall be $5.
8. The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made therein before certifying thereto, shall be 20 cents for each folio of 100 words of each document or paper so compared.
9. The fee for furnishing a photostatic copy of any document, paper or record on file or of record in the office of the secretary of state shall be [50 cents] $1 per photostatic page where such page does not exceed 8 1/2 by 14 inches. For photostatic pages of larger size, the secretary of state may charge such fee as he may determine to be reasonable.
10. The fee for filing a list of officers and directors or trustees shall be as provided in NRS 78.150.
________
Assembly Bill No. 323Committee on Agriculture
CHAPTER 396
AN ACT to amend NRS 650.040, relating to licensing of traveling merchants, by deleting exemption of persons vending certain food products; and providing a penalty.
[Approved May 10, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 650.040 is hereby amended to read as follows:
650.040 The provisions of this chapter [shall] do not apply to persons engaged in the disposal of [products of the soil, poultry, eggs, livestock, honey or dairy products] fruits, vegetables, eggs or honey if the vendor is a bona fide producer or grower thereof and transports such products [of the soil, poultry, eggs, livestock, honey or dairy products] from the place of production or growing to the place of sale in a vehicle owned by [and standing in his name.]
κ1975 Statutes of Nevada, Page 566 (CHAPTER 396, AB 323)κ
products [of the soil, poultry, eggs, livestock, honey or dairy products] from the place of production or growing to the place of sale in a vehicle owned by [and standing in his name.] him.
________
Assembly Bill No. 745Committee on Ways and Means
CHAPTER 397
AN ACT relating to public purchasing; providing for flexible identification, as prescribed by the department of general services, for state-owned vehicles; and providing other matters properly relating thereto.
[Approved May 10, 1975]
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 $5,000 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 $5,000 if the purpose of the automobile is to carry [7] seven or more passengers or if it is a multipurpose automobile.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $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 $6,000 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] may 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 State of Nevada and For Official Use Only thereon in plain lettering.
κ1975 Statutes of Nevada, Page 567 (CHAPTER 397, AB 745)κ
State of Nevada and 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.] The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.
7. Any officer or employee of the State of Nevada who violates any provision of this section [shall be] is guilty of a misdemeanor.
________
Senate Bill No. 315Senator Schofield (by request)
CHAPTER 398
AN ACT relating to fire prevention and safety; granting fire chiefs in cities and towns the powers and duties of deputy state fire marshals in enforcing certain laws and regulations; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 477.030 is hereby amended to read as follows:
477.030 1. The state fire marshal shall enforce all laws and make rules and regulations relating to:
(a) Fire prevention.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
κ1975 Statutes of Nevada, Page 568 (CHAPTER 398, SB 315)κ
2. The fire chief or his designated representative in each incorporated or unincorporated city or town having an organized fire department shall have the powers and duties of a deputy state fire marshal with respect to enforcement of the laws and regulations described in subsection 1, and he shall enforce such laws and regulations without additional compensation.
3. 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.] 4. 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.
[4.] 5. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
[5.] 6. The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 478Committee on Government Affairs
CHAPTER 399
AN ACT authorizing boards of county commissioners to enter into contracts, leases, franchises, exchanges of property and other transactions extending beyond the terms of the county commissioners then in office; requiring notice and public hearing; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.320 is hereby amended to read as follows:
244.320 [1. Except as otherwise authorized by law, no member of any board of county commissioners shall be allowed to vote on any contract which extends beyond his term of office.
2. Any county commissioner violating the provisions of subsection 1 shall be deemed guilty of a misdemeanor.]
1. Except as otherwise authorized by law, a board of county commissioners may not enter into any contract, lease, franchise, exchange of property or other transaction extending beyond the terms of the county commissioners then in office unless a resolution containing a notice of intention is adopted at a regular meeting of the board.
2. The notice of intention shall:
κ1975 Statutes of Nevada, Page 569 (CHAPTER 399, SB 478)κ
(a) Set forth in detail the purpose, terms and conditions of the proposed contract, lease, franchise, exchange of property or other transaction.
(b) Be published in full in at least one issue of a newspaper published in the county or, if there is no such newspaper, in a newspaper having general circulation therein.
(c) Set the date, time and place of a public hearing which shall not be earlier than the date of the next following regular meeting of the board of county commissioners.
3. At the place, date and hour specified for the public hearing in the notice of intention or at any subsequent time to which the public hearing may be adjourned, the board of county commissioners shall hear any objections or protests made by any person or persons.
4. The board of county commissioners may authorize, reject or amend any such proposed contract, lease, franchise, exchange of property or other transaction at any time after such public hearing.
Sec. 2. NRS 244.185 is hereby amended to read as follows:
244.185 1. Except as provided in NRS 318.1194, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of county property or that portion of the county dedicated to public use for the maintenance of cables or wires, underground, on the surface or on poles, for the transmission of the television picture.
2. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this section. [, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.]
Sec. 3. NRS 244.187 is hereby amended to read as follows:
244.187 1. Any board of county commissioners may grant exclusive franchises to operate any of the following services outside the limits of incorporated cities within the county:
(a) Garbage and disposal.
(b) Fire protection and suppression.
(c) Ambulance service to pick up patients outside the limits of such incorporated cities.
2. Nothing in paragraph (c) of subsection 1 shall prevent any ambulance service from transporting patients from any county in which it is franchised to another county.
3. The board of county commissioners may, by ordinance, regulate such services and fix fees or rates to be charged by the franchiseholder.
4. A notice of the intention to grant any franchise shall be published once in a newspaper of general circulation in the county, and the franchise may not be granted until 30 days after such publication. The board of county commissioners shall give full consideration to any application or bid to supply such services, if received prior to the expiration of such 30-day period, and shall grant the franchise on terms most advantageous to the county and the persons to be served.
5. The provisions of chapter 709 of NRS shall not apply to any franchise granted under the provisions of this section. [, and a member of any board of county commissioners may vote on any such franchise notwithstanding the provisions of NRS 244.320.]
κ1975 Statutes of Nevada, Page 570 (CHAPTER 399, SB 478)κ
of any board of county commissioners may vote on any such franchise notwithstanding the provisions of NRS 244.320.]
6. Nothing in this section shall be construed to prevent any individual, partnership, corporation or association from hauling his or its own garbage subject to the regulations of the board of county commissioners promulgated under the provisions of this section.
Sec. 4. NRS 244.194 is hereby amended to read as follows:
244.194 [1.] Boards of county commissioners may rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests.
[2. The provisions of NRS 244.320 shall not apply to this section.]
Sec. 5. NRS 244.275 is hereby amended to read as follows:
244.275 1. The boards of county commissioners shall have power and jurisdiction in their respective counties:
(a) To purchase any real or personal property necessary for the use of the county.
(b) To lease any real or personal property necessary for the use of the county. [The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.]
2. No purchase of real property shall be made unless the value of the same has been previously appraised and fixed by one or more competent real estate appraisers to be appointed for that purpose by the county commissioners. The person or persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability. Purchases of real property from other federal, state or local governments are exempt from such requirement of appraisement.
Sec. 6. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial or recreational purposes is necessary, the board shall have the power to lease such real property, whether acquired by purchase, dedication or otherwise. The provisions of this subsection shall not be construed to permit the lease of any real property in contravention of any condition in a gift or devise of real property to the county.
2. Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
κ1975 Statutes of Nevada, Page 571 (CHAPTER 399, SB 478)κ
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person shall be finally accepted.
6. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
7. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
8. Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith. [The provisions of NRS 244.320 shall not apply concerning the resolution of acceptance and the execution of a lease under the provisions of this section.]
9. All moneys received from rentals of real property shall be deposited forthwith with the county treasurer to be credited to the county general fund.
Sec. 7. NRS 244.284 is hereby amended to read as follows:
244.284 1. In addition to the powers conferred by NRS 450.500, the board of county commissioners may lease any of the real property of the county for a term not exceeding 30 years, if such real property is not needed for the public purposes of the county and is let to or for any nonprofit charitable or civic organization, and the property is actually used for charitable or civic purposes.
2. A lease pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.
[3. The provisions of NRS 244.320 shall not apply to any proceeding concerning a lease entered into pursuant to this section.]
Sec. 8. NRS 269.125 is hereby amended to read as follows:
269.125 1. In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to hold, manage, use and dispose of the real and personal property of any unincorporated town or city and the board of county commissioners shall collect all dues and demands belonging to or coming to the same.
κ1975 Statutes of Nevada, Page 572 (CHAPTER 399, SB 478)κ
or coming to the same. No sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of the town or city, appointed by a district judge of the county, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value.
2. Except as provided in NRS 318.1194, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association, with the approval of the town board involved, a franchise to construct, maintain and operate a television installation system which requires the use of the property of any unincorporated town in the county or that portion of the unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this subsection. [, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.]
Sec. 9. NRS 277.050 is hereby amended to read as follows:
277.050 1. As used in this section, public agency includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, Carson City, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being had, the governing body thereof is authorized:
(a) To sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.
(b) To lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.
3. A sale or exchange may be:
(a) Negotiated without advertising for public bids.
(b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged. Funds derived from a sale shall be used for capital outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall:
(a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.
κ1975 Statutes of Nevada, Page 573 (CHAPTER 399, SB 478)κ
(b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale, exchange or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice shall be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance of a bid by another public agency shall authorize and direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver the same to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.
[8. The provisions of NRS 244.320 do not apply to any sale, exchange or lease authorized by this section and any board of county commissioners may vote on any such sale, exchange or lease agreement which extends beyond their respective terms of office.]
Sec. 10. NRS 318.150 is hereby amended to read as follows:
318.150 1. Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project. [A contract or agreement between the board and a board of county commissioners for the supplying of water by the district to county buildings or facilities is not subject to the provisions of NRS 244.320.]
2. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $5,000, except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. The requirement of public notice and competitive bidding may be waived, with the permission of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for work where the value of the work exceeds $2,000 unless the contractor furnishes to the board a performance bond and a payment bond as provided in NRS 339.025, but each such performance bond and each such payment bond shall be for 100 percent of the contract amount.
κ1975 Statutes of Nevada, Page 574 (CHAPTER 399, SB 478)κ
such performance bond and each such payment bond shall be for 100 percent of the contract amount. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.
3. All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 11. NRS 361.607 is hereby amended to read as follows:
361.607 1. When the board of county commissioners determines that the lease of any property referred to in NRS 361.606 will be to the advantage of the county, the board may grant leases thereon on such terms and conditions as it sees fit to the highest responsible bidder by competitive bidding, under regulations promulgated in advance, on the basis of a cash bonus as the sole biddable factor.
2. Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the annual rental, royalty, term of the lease and the other terms upon which it will be leased, including a cash consideration which shall be the sole biddable factor to be included in all bids submitted. All sealed bids shall be accompanied by a deposit not less than 20 percent of the amount bid. Such deposit shall be by cashiers check, certified check, United States currency, or a United States money order. The resolution shall also specify that oral bids will be received after all sealed bids have been opened, examined and declared. In the event an oral bid is the highest bid, the bidder thereof shall in like manner immediately deposit not less than 20 percent of the amount bid.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed bids to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received shall be opened, examined and declared by the board.
κ1975 Statutes of Nevada, Page 575 (CHAPTER 399, SB 478)κ
5. After all sealed bids have been opened, examined and declared, the board shall at the same session call for oral bids. The first such oral bid must exceed by at least 5 percent the highest sealed bid. Any subsequent oral bid or bids must exceed the amount of the next preceding oral bid.
6. The highest bid (sealed or oral) made by a responsible party shall be accepted, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, but if the board deems such action to be for the best public interest, it may reject any and all bids, either written or oral, and withdraw the property from lease.
7. Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith. [The provisions of NRS 244.320 shall not apply concerning the resolution of acceptance and the execution of a lease under the provisions of this section.]
8. All moneys received from the leases of such property shall be deposited forthwith with the county treasurer to be credited to the county general fund.
Sec. 12. NRS 450.500 is hereby amended to read as follows:
450.500 1. The board of county commissioners of any county for which a public hospital has been established pursuant to NRS 450.010 to 450.510, inclusive, or established otherwise but administered pursuant to NRS 450.010 to 450.510, inclusive, may convey such hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following minimum conditions are met:
(a) The nonprofit corporation shall be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation shall provide for a membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county. The articles shall further provide for the selection of the governing body by the membership of the corporation and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles shall further provide that the terms of office of members of the governing body shall not exceed 6 years.
(b) The nonprofit corporation shall contract to care for indigent patients at a charge to the county which shall not exceed the actual cost of providing such care, and to receive any person falling sick or maimed within the county.
(c) The nonprofit corporation shall agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement shall provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement shall provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
κ1975 Statutes of Nevada, Page 576 (CHAPTER 399, SB 478)κ
(1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will over the term of the lease reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.
3. [The provisions of NRS 244.320 do not apply to the making of any lease or contract pursuant to this section.
4.] If any hospital which has been conveyed pursuant to this section ceases to be used as a community nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another community nonprofit hospital for the county, the hospital so conveyed shall revert to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit community hospital, the lease shall terminate.
Sec. 13. NRS 495.060 is hereby amended to read as follows:
495.060 [NRS 244.320 and all other] All acts and parts of acts in conflict with NRS 495.040 and 495.050 are repealed insofar as the same apply to or interfere with the provisions of NRS 495.040 and 495.050, and not in any other particular.
Sec. 14. NRS 544.050 is hereby amended to read as follows:
544.050 [Notwithstanding the provisions of NRS 244.320, or any other law, the counties] Counties in cooperating with the director in conducting any weather modification program in fulfillment of the purposes of NRS 544.010 to 544.060, inclusive, are [hereby] authorized to enter into 5-year agreements with the director.
Sec. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 534Senator Sheerin
CHAPTER 400
AN ACT relating to judgment and execution in criminal proceedings; requiring the court to disclose the presentence investigation report to the defendant regardless of whether or not he is represented by counsel.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.156 is hereby amended to read as follows:
176.156 1. The court shall disclose to the district attorney, [and] to counsel for the defendant [, or] and to the defendant, [if he is without counsel,] the factual content of the report of the presentence investigation and the recommendations of the probation service and afford an opportunity to each party to comment thereon.
κ1975 Statutes of Nevada, Page 577 (CHAPTER 400, SB 534)κ
counsel,] the factual content of the report of the presentence investigation and the recommendations of the probation service and afford an opportunity to each party to comment thereon.
2. The sources of confidential information shall not be disclosed.
________
Assembly Bill No. 479Committee on Commerce
CHAPTER 401
AN ACT relating to the Unemployment Compensation Law; clarifying the administration of moneys from the federal unemployment trust fund; authorizing certain expenditures; and providing other matters properly relating thereto.
[Approved May 12, 1975]
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 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 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 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:
κ1975 Statutes of Nevada, Page 578 (CHAPTER 401, AB 479)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.] Money appropriated for the payment of expenses of administration pursuant to this section shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the unemployment compensation administration fund from which such payments shall be made. The executive director shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited. Money so deposited shall, until expended, remain a part of the unemployment compensation fund and, if it will not be expended, shall be returned promptly to the account of this state 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:
1. The sum of $54,000 for improvement of property in the City of Las Vegas for use of the employment security department in the administration of chapter 612 of NRS.
2. The sum of $228,606.78 for acquisition and improvement of property in the City of Carson for the use of the employment security department in the administration of chapter 612 of NRS.
Sec. 3. No part of the money authorized to be expended under section 2 of this act may be obligated after the expiration of the 2-year period beginning on the date of enactment of this act.
Sec. 4. The amount obligated pursuant to section 2 of this act during any fiscal year beginning on July 1 and ending on the next June 30 shall 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 during such fiscal year and the 24 preceding fiscal years exceeds the aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the account of this state during such 25 years.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 579κ
Senate Bill No. 283Committee on Commerce and Labor
CHAPTER 402
AN ACT relating to architects and residential designers; changing the size and composition of the state board of architecture; providing for the qualification, certification and regulation of residential designers; clarifying exemptions for persons building certain structures; limiting the bringing of certain civil actions; providing penalties; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Any applicant for registration under this chapter who has qualified for the 5-year level of experience or study, as prescribed in NRS 623.190 and regulations of the board, shall be issued a temporary certificate of registration and is authorized to obtain a seal as a residential designer. No applications for temporary certificates may be made after October 31, 1975.
2. The certificate of registration and seal of a residential designer shall become permanent, subject to annual renewal, after he satisfactorily passes an examination as prescribed by the board.
3. A residential designer who holds a temporary certificate of registration must apply for the examination if his temporary certificate is to remain in effect. The applicant must take the examination each time it is given until he passes it. Failure to pass the examination does not invalidate his temporary certificate of registration until he has failed such examination on five occasions. Invalidation of a temporary certificate of registration does not disqualify an applicant otherwise qualified from taking the examination. The examination shall not be given more often than once every 6 months.
Sec. 3. 1. Any person engaged in a drafting or design business in the State of Nevada shall, on or before October 31, 1975, apply to the board for a temporary certificate of registration as a residential designer. Such application shall include proof, as required by the board, that the applicant has been engaged in drafting or design business in Nevada.
2. The applicant shall receive 1 years credit toward the 5-year qualification requirement of section 2 of this act for each year he has engaged in such business in Nevada.
3. An applicant with less than 5 years experience in Nevada in the drafting and design business must show such additional education or experience as is prescribed by regulation of the board until he meets the 5-year requirement.
4. If the applicant satisfies the 5-year requirement, he shall be issued a temporary certificate of registration, as provided in section 2 of this act.
5. Any residential designer may apply for the annual examination for architects if he qualifies under NRS 623.190.
Sec. 4. A residential designer shall not engage in rendering services for any building or structure not specified in subsection 5 of NRS 623.015 unless he does so under the direct supervision of a registered architect.
κ1975 Statutes of Nevada, Page 580 (CHAPTER 402, SB 283)κ
unless he does so under the direct supervision of a registered architect. In such cases the architect shall be the sole contracting party, has full responsibility for the work performed by the residential designer, shall supervise any work so performed by the residential designer; and shall file the agreement between the residential designer and the architect with the secretary of the state board of architecture within 10 days after the execution of such agreement.
Sec. 5. No person, firm, copartnership, association or other organization may bring or maintain any action in the courts of this state for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that such plaintiff was duly registered under this chapter at all times during the performance of such act or contract.
Sec. 6. A residential designer shall not solicit contracts for the performance of any residential design work unless he is authorized to perform such by registration in accordance with this chapter.
Sec. 7. NRS 623.015 is hereby amended to read as follows:
623.015 As used in this chapter, unless the context otherwise requires:
1. Architect means any person who engages in the practice of architecture.
2. Board means the Nevada state board of architecture.
3. Certificate of registration means the certificate of annual registration issued by the board [.] to an architect or to a residential designer.
4. [Designer means any person who produces a sketch or outline showing the main features of a building plan which may be used in the construction of a completed building.
5.] The practice of architecture consists of holding out to the public, and rendering, services embracing the scientific, esthetic and orderly coordination of all the processes which enter into the production of a completed building, performed through the medium of plans, specifications, [supervision] administration of construction, preliminary studies, consultations, evaluations, investigations, contract documents and advice and direction.
5. The practice of residential design consists of preparing the necessary instruments of service, including drawings and specifications, for:
(a) Single family dwelling units; and
(b) Multifamily dwelling structures composed of not more than four dwelling units in each structure and not exceeding two stories in height.
6. Residential designer means any person who engages in the practice of residential design and holds a certificate and seal issued by the board.
Sec. 8. NRS 623.050 is hereby amended to read as follows:
623.050 1. There is hereby created the state board of architecture of the State of Nevada, in which shall be vested the administration of the provisions of this chapter.
2. The board shall consist of [5] seven members who shall be appointed by the governor. [, and who shall each hold office for a term of 4 years.] Five of the members shall be registered architects and two of the members shall be registered residential designers.
κ1975 Statutes of Nevada, Page 581 (CHAPTER 402, SB 283)κ
3. [The first board appointed shall consist of 5 members appointed two for 2 years, two for 3 years, and one for 4 years, and thereafter all members shall be appointed for the full 4-year term] All members shall be appointed for 4-year terms, except that any vacancy caused by the death, resignation or dismissal for cause of any member [of the board] shall be filled for the balance of the unexpired term [.] by gubernatorial appointment. If a member of the board who represents residential designers becomes ineligible to serve, the office shall become vacant and shall be filled for the balance of the unexpired term by gubernatorial appointment of a registered residential designer.
4. The governor may, upon bona fide complaint, and for good cause shown, after 10 days notice to [the] any member [or members] against whom charges may be filed, and after opportunity for hearing, remove [any member of the board] the member for inefficiency, neglect of duty, or malfeasance in office.
5. Those members of the board who are residential designers may act or vote only on applicants for certification as residential designers or other matters related solely to residential designers.
6. No member who is a residential designer may participate in the investigation or acceptance of his own application or in the grading or certification of his own examination.
Sec. 9. NRS 623.060 is hereby amended to read as follows:
623.060 The members of the board who are registered architects shall have been in the active practice of architecture in this state not less than 3 years prior to their appointment, and shall have been citizens of this state for at least 2 years immediately preceding their appointment.
Sec. 10. NRS 623.100 is hereby amended to read as follows:
623.100 1. The board shall appoint one of its members as chairman, who shall serve without additional pay, and one of its members as secretary and treasurer. The chairman and secretary shall each serve 1 year.
2. [At any meeting 3] Three members shall constitute a quorum [,] for consideration of architecture matters, but action shall not be deemed to have been taken upon any question relating to architectural matters unless there are at least 3 votes in accord.
3. Four members, one of whom represents residential designers, shall constitute a quorum for consideration of residential design matters, but action shall not be deemed to have been taken upon any question relating to residential design matters unless there are at least 3 votes in accord.
Sec. 11. NRS 623.140 is hereby amended to read as follows:
623.140 Within 30 days [from and] after the date of their appointment, the board shall:
1. Meet to organize and elect officers as provided in this chapter.
2. Formulate and adopt a code of rules and regulations for its government in the examination of applicants for certificates to practice architecture and residential design in this state.
3. Formulate and adopt such other rules and regulations as may be necessary and proper, not inconsistent with this chapter.
Sec. 12. NRS 623.145 is hereby amended to read as follows:
623.145 1. Subject to the limitations imposed by [subsection 2,] subsections 2 and 3, the board shall adopt and promulgate [a code] codes of ethics consistent with the constitution and laws of this state binding upon persons registered under the provisions of this chapter.
κ1975 Statutes of Nevada, Page 582 (CHAPTER 402, SB 283)κ
codes of ethics consistent with the constitution and laws of this state binding upon persons registered under the provisions of this chapter. Such [code] codes of ethics shall have as [its] their only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.
2. The members of the board who are registered architects shall prepare the code of ethics for architects. Prior to adoption of such code, a copy shall be sent to every resident licensed architect. Such architects may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident licensed architects vote against such item.
3. The board shall prepare the code of ethics for residential designers. Prior to the adoption of such code, a copy shall be sent to every resident registered residential designer. Such residential designers may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident registered residential designers vote against such item.
Sec. 13. NRS 623.180 is hereby amended to read as follows:
623.180 1. No person may practice architecture, or use the title of architect, or practice residential design, or use the title of residential designer, in the State of Nevada without having a certificate issued to him under the provisions of this chapter.
2. Whenever the provisions and requirements for registration under the provisions of this chapter have been fully complied with and fulfilled by an applicant, the board shall issue to the successful applicant a certificate as a registered architect [.] or residential designer.
3. The certificate shall be synonymous with registration with a serial number and seal. Any person who is issued a certificate may practice architecture or residential design in this state, subject to the provisions of this chapter and the rules and regulations of the board.
4. The unauthorized use or display of a certificate of registration is unlawful.
Sec. 14. NRS 623.185 is hereby amended to read as follows:
623.185 1. Upon being issued a certificate of registration, each registered architect or residential designer shall obtain a seal of the design authorized by the board, bearing the architects or designers name, the number of his certificate of registration, and the legend Registered [Architect.] Architect or Residential Designer.
2. Plans, specifications, reports and other documents issued by a registered architect or residential designer shall be signed and sealed on the title page by such architect [.] or designer.
3. It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with such seal after the certificate of registration of the architect [,] or designer, named therein, has expired or has been revoked, unless the certificate has been renewed or reissued.
4. It is unlawful for a rgistered architect or residential designer to impress his seal on any plans, specifications or other instruments of service unless he was the author of such plans and specifications or responsible for their preparation.
Sec. 15. NRS 623.190 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 583 (CHAPTER 402, SB 283)κ
623.190 1. Any person who is at least 21 years of age, of good moral character and who has had at least 8 years of experience may apply to the board for registration under this section [.] as an architect.
2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural school accredited by the National Architectural Accrediting Board, any school of architecture in the State of Nevada or any architectural school approved by the state board of architecture shall be considered as equivalent to 1 year of experience in architectural work.
3. After reaching a 5-year experience level, an application may be made to the board for a preliminary examination. Such examination shall be prescribed by the board, constitutes the examination required for registration as a residential designer, and may be required as part of the examination to be an architect.
4. After reaching an 8-year experience level, an application may be made to the board for an examination [.] to qualify as a registered architect.
[4.] 5. The board shall, by regulations, establish standards for examinations which shall be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the board may also adopt the examination and grading procedure of such organization. Examinations shall include both oral and written tests in such technical and professional subjects as are prescribed by the board.
Sec. 16. NRS 623.200 is hereby amended to read as follows:
623.200 1. Upon complying with the requirements set forth in NRS 623.190 and before receiving a certificate or being registered [,] as an architect, the applicant shall satisfactorily pass an examination in such technical and professional courses as may be established by the board, unless the applicant [be] is entitled to such certificate and registration without examination as provided in this chapter.
2. The board shall give examinations pursuant to NRS 623.190 and section 2 of this act at least once each year, unless no applications for examinations are pending with the board.
Sec. 17. NRS 623.220 is hereby amended to read as follows:
623.220 1. The board shall issue a certificate of registration upon payment of a registration fee, as provided for in this chapter, to any applicant who shall successfully pass such examinations, or in lieu thereof shall bring himself within the provisions of NRS 623.210 [.] or the provisions of sections 2 and 3 of this act.
2. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional architect or residential designer while such certificate remains unrevoked or unexpired.
Sec. 18. NRS 623.230 is hereby amended to read as follows:
623.230 The secretary of the board shall keep an official register of all certificates of registration to practice architecture or residential design issued under the provisions of this chapter, and of the renewals of the same as provided for in this chapter.
κ1975 Statutes of Nevada, Page 584 (CHAPTER 402, SB 283)κ
issued under the provisions of this chapter, and of the renewals of the same as provided for in this chapter. The register shall be properly indexed and shall be open for public inspection and information.
Sec. 19. NRS 623.250 is hereby amended to read as follows:
623.250 1. Each architect or residential designer holding a certificate of registration under the provisions of this chapter shall, before or during the month of each December preceding the year such holder shall desire to continue the practice of architecture [,] or residential design, submit a renewal fee provided for by this chapter, for a renewal of such certificate.
2. Upon receipt of a renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration has been and is renewed for the term of 1 year. The certificate renewal card shall bear a serial number, the signature or a facsimile thereof of the secretary of the board and shall be sealed with the seal of the board.
3. Such renewal shall be duly recorded, together with its serial number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.
Sec. 20. NRS 623.270 is hereby amended to read as follows:
623.270 The board may, by majority vote, revoke or suspend a certificate of registration, or it may reprimand the holder of any certificate of registration issued pursuant to this chapter, if proof satisfactory to the board is presented in any of the following cases:
1. In case it is shown that the certificate was obtained by fraud.
2. In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
3. In case the holder of the certificate has been found guilty by the board of repeated incompetency or negligence in the planning or construction of buildings.
4. In case the holder of the certificate has been found guilty by the board of sealing any documents pertaining to the construction of a building when he was not the actual architect or residential designer of such building.
5. In case the board finds an intentional violation of any law, rule, regulation or rule of ethics pertaining to the practice of architecture [.] or residential design.
Sec. 21. NRS 623.280 is hereby amended to read as follows:
623.280 Proceedings for the revocation of a certificate of registration to practice architecture or residential design shall be preceded by a 30-day written notice of the charges filed with the board. The time and place for the hearing of the charges shall be fixed in the written notice served upon the accused person. At the hearing the accused shall have the right to be represented by counsel, to introduce evidence, and to examine and cross-examine witnesses. The board shall file a written report of its findings in the record of its proceedings and a copy of the report shall be sent to the accused.
Sec. 22. NRS 623.290 is hereby amended to read as follows:
623.290 In the event that the guilt of the accused is established in the opinion of the majority of the board, the secretary shall make proper entry in the record of its proceedings, stating the findings of the board and the penalty, if any.
κ1975 Statutes of Nevada, Page 585 (CHAPTER 402, SB 283)κ
in the record of its proceedings, stating the findings of the board and the penalty, if any. If the registration of an architect or residential designer is suspended or revoked, notation of such penalty shall be entered in the register of architects [.] or register of residential designers. The secretary shall give notice in writing of such decision and penalty to the holder of the certificate.
Sec. 23. NRS 623.330 is hereby amended to read as follows:
623.330 1. The following persons are exempt from the provisions of this chapter:
[1.] (a) A person engaging in architectural work as an employee of a registered architect, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect.
[2.] (b) A person practicing architecture as an officer or employee of the United States.
[3.] (c) A professional engineer registered under the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.
[4. A person who designs buildings and supervises the construction thereof for his own use.
5.] (d) A contractor licensed under the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.
[6. A designer or draftsman who does not hold himself out to the public as an architect.]
(e) Any person who prepares plans, drawings or specifications for:
(1) Buildings for his own private residential use; or
(2) Farm or ranch buildings used as such.
2. Any person exempt by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.
Sec. 24. NRS 623.340 is hereby amended to read as follows:
623.340 This chapter shall not be construed so as to:
1. Prevent persons other than architects from filing applications for building permits or obtaining such permits, providing the drawings for such buildings are signed by the authors, [with their true appellation as engineer or contractor or carpenter, and so forth,] but without the use of any form of the title architect.
2. Prevent [such] persons from designing buildings exempt under the provisions of NRS 623.330 and supervising the construction thereof for their own use.
Sec. 25. 1. One of the two registered residential designers to be appointed as members of the state board of architecture of the State of Nevada, as the result of the amendment of NRS 623.050 by section 8 of this act, shall be initially appointed for a term of 2 years and the other shall be appointed for a term of 4 years, and thereafter both members shall be appointed for 4-year terms.
2. The first two residential designers appointed to such board shall be holders of temporary certificates of registration, and if following the first examination administered pursuant to section 2 of this act they become registered residential designers, they shall serve the terms for which they were appointed.
3. After the first examination is administered pursuant to section 2 of this act, a person is not eligible for membership on the board as a representative of residential designers unless such person is a registered residential designer.
κ1975 Statutes of Nevada, Page 586 (CHAPTER 402, SB 283)κ
representative of residential designers unless such person is a registered residential designer.
________
Senate Bill No. 308Committee on Transportation
CHAPTER 403
AN ACT permitting the state highway patrol to charge an annual fee for the issuance of a permit for the operation of flashing amber lights on certain vehicles; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.579 is hereby amended to read as follows:
484.579 1. The Nevada highway patrol, upon written application, shall issue a permit for the operation of a flashing amber light for the following:
[1.] (a) Public utility vehicles.
[2.] (b) Tow trucks.
[3.] (c) Vehicles engaged in activities which create a public hazard upon the streets or highways.
[4.] (d) Vehicles of coroners and their deputies.
[5.] (e) Vehicles of Civil Air Patrol rescue units.
[6.] (f) Vehicles of authorized sheriffs jeep squadrons.
2. Such permits expire on June 30 of each calendar year.
3. The Nevada highway patrol shall charge and collect the following fees for the issuance of a permit for the operation of a flashing amber light:
(a) Permit for a single vehicle................................................................. $2
(b) Blanket permit for more than 5 but less than 15 vehicles............ 12
(c) Blanket permit for 15 vehicles or more............................................ 24
4. Subsection 3 does not apply to an agency of any state or political subdivision thereof, or to an agency of the United States Government.
5. All fees collected by the Nevada highway patrol pursuant to this section shall be deposited with the state treasurer for credit to the motor vehicle fund.
________
κ1975 Statutes of Nevada, Page 587κ
Senate Bill No. 404Committee on Judiciary
CHAPTER 404
AN ACT relating to filing fees in civil actions; imposing additional filing fee for financial support of legal aid programs for indigent persons; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In each county in which legal services are provided without charge to indigent persons through a legal aid program organized under the auspices of the State Bar of Nevada, a county or local bar association or a county legal services program, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of $1 from the party commencing or appearing in such action or proceeding. Such fees shall be in addition to any other fees required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. The county treasurer shall remit quarterly all such amounts received by him to the organization operating the legal services program.
________
Assembly Bill No. 211Assemblymen Glover, Mello, Jacobsen, Mann, Price, Dreyer, Wittenberg, Ford, Schofield, Moody, Polish, Christensen, Chaney, Bremner, Bennett, Vergiels, Jeffrey, Barengo, Brookman, Benkovich, Banner, Heaney and Hickey
CHAPTER 405
AN ACT increasing salaries of employees of the State of Nevada in the classified service, providing for salary adjustments in the classified service; making appropriations for such salary increases and adjustments from the general fund and the state highway fund in the state treasury; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. Except as otherwise provided in this act, to effect an approximate 15-percent salary increase effective January 1, 1975, there is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1975, to June 30, 1975, the sum of $2,050,088 and for the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $4,395,035 and $4,548,576, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 57th session of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1975.
κ1975 Statutes of Nevada, Page 588 (CHAPTER 405, AB 211)κ
respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 57th session of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on January 1, 1975.
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 departments, commissions and agencies under such adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury for the fiscal period from January 1, 1976, to June 30, 1976, the sum of $640,382 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $1,257,838 to provide a maximum 4-percent salary adjustment for classified employees based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan of January 1, 1975.
Sec. 3. 1. There is hereby appropriated from the state highway fund to effect an approximate 15-percent salary increase effective January 1, for the fiscal period January 1, 1975, to June 30, 1975, the sum of $358,119 and for the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $748,408 and $755,485, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles and appropriate employees of the public service commission of Nevada as fixed by the 57th session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and appropriate employees of the public service commission of Nevada needed under an adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1975.
2. The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available, shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under such adjusted pay plan.
κ1975 Statutes of Nevada, Page 589 (CHAPTER 405, AB 211)κ
authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available, shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under such adjusted pay plan.
Sec. 4. 1. There is hereby appropriated from the state highway fund for the fiscal period January 1, 1976, to June 30, 1976, the sum of $103,758, and for the fiscal period July 1, 1976, to June 30, 1977, the sum of $198,716 to provide a maximum 4-percent salary adjustment for classified employees of the department of motor vehicles and appropriate employees of the public service commission of Nevada, based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
Sec. 5. 1. There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1975, to June 30, 1975, the sum of $622,636 and the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $1,372,521 and $1,447,650, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the University of Nevada System, as fixed by the 57th session of the legislature, and the salary requirements of classified personnel of the University of Nevada System, necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective January 1, 1975.
2. There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1976, to June 30, 1976, the sum of $183,002 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $386,040 to provide a maximum 4-percent salary adjustment for classified employees of the University of Nevada System based on the movement of the National Consumer Price Index, except those employees whose salaries have been retained, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.
κ1975 Statutes of Nevada, Page 590 (CHAPTER 405, AB 211)κ
of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.
3. The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration is authorized to allocate and disburse to the University of Nevada System, out of the funds herein appropriated, the sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs for classified employees of the University of Nevada System under the adjusted pay plan to become effective on January 1, 1975.
Sec. 6. 1. To provide an additional salary adjustment for those classified employees the salaries of whose positions are increased pursuant to section 2 of this act, there is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1976, to June 30, 1976, the sum of $320,190 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $628,918.
2. To provide an additional salary adjustment for those classified employees the salaries of whose positions are increased pursuant to section 4 of this act, there is hereby appropriated from the state highway fund for the fiscal period January 1, 1976, to June 30, 1976, the sum of $51,878 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $99,358.
3. To provide an additional salary adjustment for those classified employees the salaries of whose positions are increased pursuant to section 5 of this act, there is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1976, to June 30, 1976, the sum of $91,500 and for the fiscal period July 1, 1976, to June 30, 1977, the sum of $193,020.
4. The state board of examiners may allocate moneys from the respective appropriations made by this section only if and to the extent that the conditions prescribed in section 7 of this act are satisfied.
Sec. 7. 1. For the purposes of this section:
(a) The National Consumer Price Index is that prepared by the Bureau of Labor Statistics of the United States Department of Labor. The percentage of its increase is measured from the month of October 1974 to the month of September 1975.
(b) The relevant taxes are:
(1) The sales and use tax accrued pursuant to the Sales and Use Tax Act. The dollar amount of the increase in its yield is determined by subtracting from total accruals for the two calendar quarters extending from April 1 to September 30, 1975, an amount equal to 104 percent of the total accruals for the two calendar quarters extending from April 1 to September 30, 1974.
(2) The quarterly state license fees based upon gross revenue from gaming collected pursuant to NRS 463.373. The dollar amount of the increase in its yield is determined by subtracting from total collections for the two calendar quarters extending from April 1 to September 30, 1975, an amount equal to 112 percent of the total collections for the two calendar quarters extending from April 1 to September 30, 1974.
κ1975 Statutes of Nevada, Page 591 (CHAPTER 405, AB 211)κ
2. If the net increase in the combined yield of the two relevant taxes is at least $310,000 but less than $620,000, and the increase in the National Consumer Price Index is 5 percent or more, the amounts respectively allocated for each fiscal period from each appropriation shall not exceed one-half of the amount appropriated, to provide an approximate 1 percent salary adjustment.
3. If the net increase in the combined yield of the two relevant taxes is $620,000 or more, and the increase in the National Consumer Price Index is 6 percent or more, the entire amount of each appropriation may be allocated for the appropriate fiscal period, to provide an approximate 2 percent salary adjustment.
4. Before any allocation may be made from any of the appropriations made by section 6 of this act, the state board of examiners shall review the yields of the relevant taxes and the increase, if any, in the National Consumer Price Index whether the conditions of subsection 2 or 3 have been met, and shall make appropriate allocations accordingly.
Sec. 8. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1975.
________
Assembly Bill No. 294Assemblymen Vergiels, Demers and Murphy
CHAPTER 406
AN ACT relating to elections; requiring the reporting of campaign contributions and expenditures by candidates for all elective offices; establishing powers and duties of the secretary of state in connection therewith; providing penalties; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Every candidate for state, district, county, city or township office at a primary or general election shall, within 15 days after the primary election and 30 days after the general election, report the total amount of all of his campaign contributions to the secretary of state on affidavit forms to be designed and provided by the secretary of state.
2. Each contribution, whether from an individual, association or corporation, in excess of $500, shall be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported to the secretary of state on the affidavit report form provided therefor.
3. As used in this section, contribution means a gift, subscription, pledge, loan, conveyance, deposit, payment, transfer or distribution of money, and includes the payment by any person other than a candidate, of compensation for the personal services of another person which are rendered to a candidate without charge to the candidate.
κ1975 Statutes of Nevada, Page 592 (CHAPTER 406, AB 294)κ
4. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 3. 1. Every candidate for state, district, county, city or township office at a primary or general election shall, within 15 days after the primary election and 30 days after the general election, report his campaign expenses to the secretary of state on affidavit forms to be designed and provided by the secretary of state.
2. As used in this section, campaign expenses means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenses intended to further directly the campaign for election of the candidate, and includes all costs incurred or funds expended with the knowledge of the candidate for such purposes during the periods:
(a) Up to the primary election; and
(b) After the primary election and up to the general election.
3. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 4. The secretary of state shall, within 10 days after the reporting dates established in sections 2 and 3 of this act, prepare and make available for public inspection a compilation of the total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates from whom reports of such contributions and expenses are required.
Sec. 5. If it appears to the secretary of state that the provisions of section 2 or 3 of this act have been violated, he shall report the alleged violation:
1. To the attorney general in the case of a candidate for an office which serves territory in more than one county; and
2. To the appropriate district attorney in the case of a candidate for an office which serves territory in only one county,
and the attorney general or district attorney to whom such report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.
Sec. 6. The secretary of state may adopt and promulgate regulations, prescribe forms and take such other actions as are necessary for the implementation and effective administration of the provisions of sections 2 to 5, inclusive, of this act.
Sec. 7. NRS 218.036 is hereby amended to read as follows:
218.036 The secretary of state shall prepare a form for use by candidates described in NRS 218.032 to list campaign expenses as defined in NRS 218.032. Such form and a copy of NRS 218.032 [and 218.034] shall be presented by the appropriate [county] election official to the candidate at the time he files his candidacy for office.
Sec. 8. NRS 218.034 is hereby repealed.
________
κ1975 Statutes of Nevada, Page 593κ
Assembly Bill No. 214Committee on Agriculture
CHAPTER 407
AN ACT relating to pest control; regulating application of restricted use pesticides; providing penalties; making an appropriation; and providing other matters properly relating thereto.
[Approved May 12, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. Certificate means a certificate of competency issued by the executive director to a commercial applicator or private applicator authorizing such person to make application of or to supervise the application of a restricted use pesticide.
Sec. 3. Certified applicator means any individual who is certified by the executive director as competent to use or to supervise the use of any restricted use pesticide.
Sec. 4. Commercial applicator means a certified applicator who applies or supervises the application of any restricted use pesticide and does not qualify as a private applicator under section 6 of this act.
Sec. 5. Environment includes the water, air, land and all plants and man and other animals living therein and the interrelationships which exist among these.
Sec. 6. Private applicator means a certified applicator who uses or supervises the use of any restricted use pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer or on the property of his neighbors if applied without compensation other than trading of personal services between producers of agricultural commodities.
Sec. 7. Restricted use pesticide means any pesticide, including any highly toxic pesticide, which:
1. The executive director has found and determined, subsequent to a hearing, to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or
(b) Detrimental to vegetation (except weeds), wildlife or to the public health and safety; or
2. Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act (7 U.S.C. § 136 et seq.).
Sec. 8. Supervision of the application of a restricted use pesticide by a certified applicator must be defined by regulation of the executive director.
Sec. 9. 1. A person shall not use any restricted use pesticide within this state at any time without a certificate issued by the executive director except a person using any restricted use pesticide under the supervision of a certified applicator.
κ1975 Statutes of Nevada, Page 594 (CHAPTER 407, AB 214)κ
2. If the executive director has adopted regulations requiring:
(a) A permit pursuant to NRS 586.403; or
(b) A special use permit pursuant to NRS 586.405,
for a restricted use pesticide, a person shall not use such pesticide without first obtaining the required permit.
Sec. 10. Application for a certificate 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 adopted and promulgated by the executive director.
Sec. 11. 1. The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of restricted use pesticides and the dangers involved and precautions to be taken in connection with their application, including but not limited to the following subject areas:
(a) Label and labeling comprehension.
(b) Environmental consequences of pesticide use and misuse.
(c) Pests.
(d) Pesticides.
(e) Equipment.
(f) Application techniques.
(g) Laws and regulations.
(h) Safety.
2. In addition, the executive director may require the applicant to meet special qualifications of competency to meet the special needs of a given locality regarding the use or application of a specific restricted use pesticide.
Sec. 12. The executive director shall collect from each person applying for an examination or reexamination, in connection with the issuance of a certificate, a testing fee not to exceed $10 for any one examination period.
Sec. 13. 1. If the executive director finds that the applicant is qualified, he shall issue a certificate to make application of or to supervise the application of restricted use pesticides within this state.
2. The certificate period is the calendar year. All certificates shall expire on December 31 of each year. The certificate may be renewed annually upon application to the executive director on or before January 16 of each year without payment of a renewal fee. A penalty fee of $5 shall be charged for all applications for a renewal certificate received after January 16. The certificate may be renewed each year for not more than 3 consecutive years.
3. Every person to whom a certificate has been issued by the executive director must requalify by examination as required in section 11 of this act every 5th year unless the executive director determines that due to change in technology of pesticides a shorter requalification interval is justified.
4. The certificate may limit the applicant 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 certificate is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.
κ1975 Statutes of Nevada, Page 595 (CHAPTER 407, AB 214)κ
Sec. 14. The executive director may deny or suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may deny, revoke, suspend or modify any certificate issued under the provisions of sections 8 to 15, inclusive, of this act, if he finds that the applicant or the certified applicator:
1. Is no longer qualified;
2. Has applied known ineffective or improper materials;
3. Has applied materials inconsistent with labeling or other restrictions imposed by the executive director;
4. Has operated faulty or unsafe equipment;
5. Has made any application in a faulty, careless or negligent manner;
6. Aided or abetted an uncertified person to evade the provisions of sections 8 to 15, inclusive, of this act, combined or conspired with an uncertified person to evade such provisions, or allowed ones certificate to be used by an uncertified person;
7. Was guilty of fraud or deception in the procurement of his certificate;
8. Has deliberately falsified any record or report;
9. Has violated any of the provisions of sections 8 to 15, inclusive, of this act or regulations made thereunder; or
10. Has failed or neglected to give adequate instruction or direction to an uncertified person working under his supervision.
Sec. 15. The executive director may, by regulation, require any certified applicator to maintain such records and furnish reports giving such information with respect to application of restricted use pesticides and such other relevant information as the executive director may deem necessary.
Sec. 16. NRS 555.2605 is hereby amended to read as follows:
555.2605 As used in NRS 555.2605 to 555.460, inclusive, and sections 2 to 15, inclusive, of this act, the words and terms defined in NRS 555.261 to 555.2695, inclusive, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in NRS 555.261 to 555.2695, inclusive, and sections 2 to 8, inclusive, of this act unless the context otherwise requires.
Sec. 17. 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, and sections 2 to 15, inclusive, of this act to regulate, in the public interest, the 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. 18. NRS 555.273 is hereby amended to read as follows:
555.273 All state agencies, municipal corporations and public utilities or any other governmental agency shall be subject to the provisions of [NRS 555.2605 to 555.460, inclusive,] sections 2 to 15, inclusive of this act and rules adopted thereunder concerning the application of restricted use pesticides by any person. [The public operators in charge of any equipment used by any state agencies shall be subject to the provisions of NRS 555.300. The executive director shall issue a limited license without a fee to such public operators which shall be valid only when such public operators are acting as operators on equipment used by such entities.
κ1975 Statutes of Nevada, Page 596 (CHAPTER 407, AB 214)κ
when such public operators are acting as operators on equipment used by such entities. However, government research personnel shall be exempt from this licensing requirement when applying pesticides to experimental plots.]
Sec. 19. NRS 555.400 is hereby amended to read as follows:
555.400 1. The executive director may make regulations for carrying out the provisions of NRS 555.2605 to 555.460, inclusive [;] , and sections 2 to 15, inclusive, of this act; but such regulations shall not be inconsistent with regulations issued by this state or by the Federal Government respecting safety in air navigation or operation of aircraft.
2. Before issuing regulations directly relating to any matter within the jurisdiction of any other official of this state, the executive director shall consult with that official with reference thereto.
Sec. 20. NRS 555.420 is hereby amended to read as follows:
555.420 For the purposes of carrying out the provisions of NRS 555.2605 to 555.460, inclusive, and sections 9 to 15, inclusive, of this act, the executive director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting, auditing or monitoring any aircraft, ground equipment, records, storage, disposal operations or other opeartions which are subject to NRS 555.2605 to 555.460, inclusive, sections 9 to 15, inclusive, of this act or regulations adopted thereunder.
Sec. 21. NRS 555.460 is hereby amended to read as follows:
555.460 Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and sections 2 to 15, inclusive, of this act, or the regulations issued thereunder [shall be] is guilty of a misdemeanor.
Sec. 22. NRS 561.305 is hereby amended to read as follows:
561.305 The department shall establish and maintain a laboratory or laboratories for the following purposes:
1. The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
4. The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.
5. The testing of pesticides, as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.2605 to 555.460, inclusive [.] and sections 2 to 15, inclusive, of this act.
6. The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of chapter 581 of NRS.
7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.
κ1975 Statutes of Nevada, Page 597 (CHAPTER 407, AB 214)κ
of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
9. The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
10. The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the executive director and which can be made with equipment available in any such laboratory. Any citizen shall have the privilege of submitting samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the executive director.
Sec. 23. NRS 561.385 is hereby amended to read as follows:
561.385 1. The agriculture registration and enforcement fund is hereby created in the state treasury for the use of the department.
2. The following fees shall be deposited in the agriculture registration and enforcement fund:
(a) Fees collected under the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected under the provisions of NRS 588.010 to 588.350, inclusive.
(c) Fees collected under the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.2605 to 555.460, inclusive [.] , and sections 2 to 15, inclusive, of this act.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
(f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
3. Expenditures from the agriculture registration and enforcement fund shall be made only for the purposes of carrying out the provisions of chapters 586, 588 and 590 of NRS, NRS 555.2605 to 555.460, inclusive, and the provisions of this chapter.
Sec. 24. NRS 555.268 is hereby repealed.
Sec. 25. There is hereby appropriated from the general fund in the state treasury to the department of agriculture to be used by the division of plant industry for the purpose of administering the program of certification of commercial and private applicators of restricted use pesticides
κ1975 Statutes of Nevada, Page 598 (CHAPTER 407, AB 214)κ
1. For the fiscal year 197576, the sum of $29,849.
2. For the fiscal year 197677, the sum of $25,725.
Sec. 26. 1. Section 9 of this act shall become effective on July 1, 1976.
2. Section 20 of this act shall become effective at 12:01 a.m. on July 1, 1975.
3. The remaining sections of this act shall become effective on July 1, 1975.
________
Assembly Bill No. 366Committee on Labor and Management
CHAPTER 408
AN ACT relating to the Nevada Industrial Insurance Act; removing sex distinction from provision establishing conclusive presumption of total dependence of spouse upon an injured or deceased employee; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.510 is hereby amended to read as follows:
616.510 1. The following persons shall be conclusively presumed to be totally dependent upon an injured or deceased employee:
(a) A [wife] spouse upon a [husband] spouse whom [she] the spouse has not voluntarily abandoned at the time of the injury.
(b) [A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of the injury.]
[(c)] A natural, posthumous or adopted child or children, whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, there being no surviving parent. Stepparents may be regarded in this chapter as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.
2. Questions as to who shall constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.
3. The presumptions of this section shall not apply in favor of aliens who are nonresidents of the United States at the time of accident, injury to, or death of the employee.
________
κ1975 Statutes of Nevada, Page 599κ
Assembly Bill No. 371Committee on Labor and Management
CHAPTER 409
AN ACT relating to workmens compensation; permitting certain employees who have suffered injuries or contracted occupational diseases to elect coverage under chapters 616 and 617 of NRS when their employer has failed to provide mandatory coverage; and providing other matters properly relating thereto.
[Approved May 13, 1975]
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. If an employee who has been hired and who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation under the provisions of this chapter by:
(a) Filing a written notice of his election with the commission; and
(b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.
2. Any employer who has failed to provide mandatory coverage required under the provisions of this chapter shall not escape liability in any action brought by the employee or the commission by asserting any of the defenses enumerated in subsection 1 of NRS 616.300 and the presumption of negligence set forth in subsection 2 of NRS 616.300 is applicable.
Sec. 2. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If an employee who has been hired and who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory occupational disease coverage, the employee may elect to receive compensation under the provisions of this chapter by:
(a) Filing a written notice of his election with the commission; and
(b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.
2. Any employer who has failed to provide mandatory coverage required under the provisions of this chapter shall not escape liability in any action brought by the employee or the commission by asserting any of the defenses enumerated in subsection 1 of NRS 617.230 and the presumption of negligence set forth in subsection 2 of NRS 617.230 is applicable.
________
κ1975 Statutes of Nevada, Page 600κ
Assembly Bill No. 368Committee on Labor and Management
CHAPTER 410
AN ACT relating to workmens compensation; increasing the burial benefits and extending the period compensation will be paid to surviving children if enrolled full-time in a vocational or educational institution; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.615 is hereby amended to read as follows:
616.615 If any injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed [$650.] $1,200. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.
2. Widow. To the widow, 66 2/3 percent of the average monthly wage. [of the deceased.] This compensation shall be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower. To the widower, 66 2/3 percent of the average monthly wage. [of the deceased employee.] This compensation shall be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. Children who survive a widow or widower.
(a) In case of the subsequent death of the surviving spouse any surviving child or children of the deceased employee shall share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and the same shall be payable until the youngest reaches the age of 18 years.
(b) If the children have a guardian, the compensation on account of such children may be paid to the guardian.
(c) [The] Except as provided in subparagraphs (1) and (2), the entitlement of any child to receive his proportionate share of compensation under this section shall cease when he dies, marries or reaches the age of 18 years. [, or if over 18 years and incapable of self-support, when he becomes capable of self-support.] A child is entitled to compensation under this section if he is:
(1) Over 18 years and incapable of self-support, until such time as he becomes capable of self-support; or
(2) Over 18 years and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years.
(d) Upon the remarriage of a widow or widower with children, the widow or widower shall be paid 2 years compensation in one lump sum and further benefits shall cease.
κ1975 Statutes of Nevada, Page 601 (CHAPTER 410, AB 368)κ
and further benefits shall cease. Following the remarriage by the widow or widower with children, each child shall be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.
5. Surviving children but no surviving spouse. If there is a surviving child or children of the deceased employee under the age of 18 years, but no surviving spouse, then [for the support of each child until he reaches the age of 18 years, his proportionate share of 66 2/3 percent of the average monthly wage.] each child is entitled to his proportionate share of 66 2/3 percent of the average monthly wage for his support until he reaches the age of 18 years or, if enrolled full-time in an accredited vocational or educational institution, until he reaches the age of 22 years.
6. Dependent parents, brothers and sisters. If there is no surviving spouse or child under the age of 18 years, there shall be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 33 1/3 percent of the average monthly wage. [of the deceased employee.]
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 66 2/3 percent of the average monthly wage. [of the deceased employee.]
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage. [of the deceased employee.]
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 66 2/3 percent of the average monthly wage. [of the deceased employee.]
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.
κ1975 Statutes of Nevada, Page 602 (CHAPTER 410, AB 368)κ
10. Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed [$500] $1,200 shall be paid.
________
Assembly Bill No. 401Committee on Agriculture
CHAPTER 411
AN ACT relating to meat and poultry inspection; expanding the classification of animals which require inspection of slaughtering and processing; prohibiting local licensing of certain slaughtering or processing establishments unless the establishments are approved by the state health officer; removing an exemption for certain custom slaughtering; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 583.375 is hereby amended to read as follows:
583.375 Official establishment means any establishment in this state, [as determined by the officer at which inspection of the slaughter of livestock or poultry or the processing of livestock or poultry carcasses or parts thereof is made under the authority of NRS 583.255 to 583.565, inclusive.] other than an establishment covered by subsection 1 of NRS 583.545, which on a commercial basis slaughters or processes for hire any meat animal, game animal, poultry or game bird for human consumption, and which has been inspected and approved by the officer.
Sec. 2. NRS 583.435 is hereby amended to read as follows:
583.435 1. Meat, meat food products, and poultry products are an important source of the supply of human food in this state and legislation to assure that such food supplies are unadulterated and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this state to provide for the inspection of slaughtered livestock, poultry [,] and other animals, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of [livestock and poultry] animal carcasses and parts thereof which are adulterated or otherwise unfit for human food.
2. The health division of the department of human resources is hereby designated as the single state agency primarily responsible for the administration of the program established by NRS 583.255 to 583.565, inclusive.
Sec. 3. NRS 583.439 is hereby amended to read as follows:
583.439 No person, firm or corporation shall, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits or game animals, or any carcasses, parts of carcasses, meat or meat food products of any such animals:
1. Slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing any such articles for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.565, inclusive.
κ1975 Statutes of Nevada, Page 603 (CHAPTER 411, AB 401)κ
articles for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.565, inclusive.
2. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:
(a) Are capable of use as human food; or
(b) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or
(c) Are required to be inspected under this Title,
unless they have been so inspected and passed.
3. Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.
Sec. 4. NRS 583.455 is hereby amended to read as follows:
583.455 1. Each official establishment at which livestock [or poultry] , poultry or other animals are slaughtered or [livestock or poultry] carcasses or parts thereof are processed for intrastate commerce shall be operated in accordance with sanitary practices required by rules or regulations prescribed by the officer. No livestock [or poultry] , poultry or other animal carcasses or parts thereof shall be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.565, inclusive, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.
2. The officer may approve establishments for operation official establishments but shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.
3. A local government shall not issue a business license for operation of any establishment unless it has been approved as an official establishment.
Sec. 5. NRS 583.515 is hereby amended to read as follows:
583.515 1. The state board of health shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as it may prescribe, exempt from specific provisions of NRS 583.255 to 583.565, inclusive:
(a) Livestock producers and poultry producers, who are natural persons, with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use by them, members of their households, nonpaying guests and employees.
(b) Retail dealers with respect to:
(1) Meat sold directly to consumers in individual retail stores or restaurants which are subject to inspection by the state board of health.
(2) Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.
κ1975 Statutes of Nevada, Page 604 (CHAPTER 411, AB 401)κ
(c) Persons slaughtering poultry or processing or handling poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the officer determines is necessary to avoid conflict with such requirements.
[(d) The custom slaughter by any person, firm or corporation of livestock delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees if such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any livestock, capable of use as human food.]
2. The officer may by order suspend or terminate for cause any exemption under this section.
Sec. 6. NRS 583.525 is hereby amended to read as follows:
583.525 The officer may withdraw or otherwise deny approval with respect to any establishment, for such period as he deems necessary [:
1. To] , to effectuate the purposes of NRS 583.255 to 583.565, inclusive, for any violation of NRS 583.255 to 583.565, inclusive, by the operator, or anyone responsibly connected with the operator, of such establishment.
[2. If the operator of such establishment is convicted of any felony.
3. If anyone responsibly connected with the operator of such establishment is convicted of any felony.]
Sec. 7. NRS 583.539 is hereby amended to read as follows:
583.539 The officer may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products of poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits or game animals, capable of use as human food, shall be stored or otherwise handled by any person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, or importing, such articles, whenever the officer deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 605κ
Assembly Bill No. 404Committee on Labor and Management
CHAPTER 412
AN ACT relating to building investments by the Nevada industrial commission; adding to the type of buildings that the Nevada industrial commission may purchase out of 10 percent of state insurance fund.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.180 is hereby amended to read as follows:
616.180 1. The commission is authorized, pursuant to a resolution of the commission approved by the governor, to invest not to exceed 10 percent of the total assets of the state insurance fund in rehabilitation buildings and facilities, occupational safety and health buildings and facilities and office buildings in this state. The commission shall cooperate with the state public works board in all planning and construction undertaken by the commission pursuant to this section. The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties, and any such buildings or portions thereof not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.
2. The title of any real property purchased under the authority granted by subsection 1 shall be examined and approved by the attorney general.
3. Any income derived from rentals shall be deposited as provided in NRS 616.450.
4. The commission is authorized, pursuant to a resolution of the commission approved by the governor, to sell any real property acquired by it pursuant to the provisions of subsection 1. All moneys received by the commission for the sale of such real property shall be deposited in the state insurance fund.
________
Assembly Bill No. 427Committee on Labor and Management
CHAPTER 413
AN ACT relating to industrial insurance; allowing certain injured employees whose impairment does not exceed 12 percent to elect lump sum payment of certain compensation benefits; providing method of computation; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer [,] within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability.
κ1975 Statutes of Nevada, Page 606 (CHAPTER 413, AB 427)κ
out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The percentage of disability shall be determined by the commission. The determination shall be made by a physician designated by the commission, or board of physicians, in accordance with the current American Medical Association publication, Guides to the Evaluation of Permanent Impairment.
3. No factors other than the degree of physical impairment of the whole man shall be considered in calculating the entitlement to permanent partial disability compensation.
4. Each 1 percent of impairment of the whole man shall be compensated by monthly payment of 0.5 percent of the claimants average monthly wage. Compensation shall commence on the date of [determination of the degree of permanent impairment by the commission] the injury or the day following termination of temporary disability compensation, if any, whichever is later, and shall continue on a monthly basis for 5 years [,] or until the 65th birthday of the claimant, whichever is later.
(a) The commission may pay compensation benefits annually to claimants with less than a 25 percent permanent partial disability.
(b) The commission may advance up to 1 years permanent partial disability benefits to an injured workman who demonstrates a dire financial need that is not met by the ordinary monthly benefit. Monthly permanent partial disability benefits will not begin until the total advance is offset.
(c) A claimant injured on or after July 1, 1973, and incurring a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum payment calculated at 50 percent of the average monthly wage for each 1 percent of disability, less any permanent partial disability benefits already received.
5. (a) Death of the employee terminates entitlement to permanent partial disability compensation.
(b) An employee receiving permanent total disability compensation is not entitled to permanent partial disability compensation during the period when he is receiving permanent total disability compensation.
(c) An employee receiving temporary total disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.
(d) An employee receiving temporary partial disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.
6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
κ1975 Statutes of Nevada, Page 607 (CHAPTER 413, AB 427)κ
7. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
8. The increase in compensation and benefits effected by the amendment of this section shall not be retroactive.
9. This section does not entitle any person to double payments on account of death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 2. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by NRS 616.605 and 616.615, the commission shall not make or allow any lump sum settlement.
________
Assembly Bill No. 666Committee on Government Affairs
CHAPTER 414
AN ACT to amend an act entitled An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved May 6, 1971, as amended.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3.090 of Article III of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1975, is hereby amended to read as follows:
Section 3.090 County treasurer to be ex officio city treasurer; duties.
1. The treasurer of Washoe County shall be ex officio city treasurer and tax receiver of the city. The county treasurer shall perform such duties for the city without additional compensation.
2. The city treasurer shall, with the consent of the city council, appoint the city clerk or other city officer as deputy city treasurer to perform such duties as may be designated by the city council.
3. The city shall compensate Washoe County [in the amount of $1,800 per year] annually in an amount agreed upon by the city council and the board of county commissioners of Washoe County for the services rendered by the treasurer of Washoe County under this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 608κ
Senate Bill No. 229Committee on Judiciary
CHAPTER 415
AN ACT relating to juveniles and the juvenile courts; providing a procedure to place a child under the supervision of the court without a formal adjudication of delinquency; providing for a detention hearing within a specified period from the time a child requests such rehearing; exempting judges and masters of juvenile courts in delinquency cases from certain disqualification provisions applicable to judges in civil actions; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 1.230 is hereby amended to read as follows:
1.230 1. A judge shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding, seeking to disqualify a judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before such other district judge as the parties may by agreement select, or in absence of such agreement before such judge as shall be appointed by the judge sought to be disqualified.
5. A judge shall not act as such if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action. The judge shall proceed no further therein but either transfer the action to some other department of the court, if there be more than one department of the court in the district, or request the judge of some other district court of some other district to preside at the hearing and trial of the action. Every affidavit must be filed at least 10 days before the hearing of a contested matter if a judge has been assigned to hear such matter or, if a judge has not been assigned at least 10 days prior to such hearing, the affidavit must be filed when the party or his attorney is notified that a judge has been assigned to hear the matter. No affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith and not for delay, and the party filing the affidavit for change of judge shall at the time of filing same pay to the clerk of the court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges traveling fund.
κ1975 Statutes of Nevada, Page 609 (CHAPTER 415, SB 229)κ
court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges traveling fund. The right hereby granted may be lost by the failure of a party to comply with the requirements set forth in this subsection or by a waiver in writing executed by the party or by his attorney, and not otherwise. The provisions of this subsection do not apply in delinquency cases in juvenile court proceedings under chapter 62 of NRS.
6. No judge or court shall punish for contempt anyone making, filing or presenting a charge for disqualification pursuant to subsection 4 or an affidavit pursuant to subsection 5.
7. This section shall not apply to the arrangement of the calendar or the regulation of the order of business.
8. Paragraph (d) of subsection 2 shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.
Sec. 2. NRS 62.128 is hereby amended to read as follows:
62.128 1. A complaint alleging that a child is delinquent, neglected or in need of supervision shall be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any such petition shall be prepared and countersigned by the district attorney before it is filed with the court. Decision of the district attorney on whether or not to file a petition is final.
2. If the probation officer refuses to recommend the filing of a petition, the complainant shall be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, countersign and file the petition with the court when he believes such action is necessary to protect the community or interests of the child.
3. When a child is in detention or shelter care and the filing of a petition is not approved by the district attorney, the child shall be immediately released.
4. When a child is in detention or shelter care, a petition alleging delinquency or need of supervision shall be dismissed with prejudice if it was not filed within 10 days from the date the complaint was referred to the probation officer.
5. Upon the filing of a petition, the judge or the master may place a minor under the supervision of the court pursuant to a supervision and consent decree without a formal adjudication of delinquency, upon the recommendation of the probation officer, the written approval of the district attorney and the written consent and approval of the minor and his parents or guardian, under the terms and conditions provided for in the decree. The petition may be dismissed upon successful completion of the terms and conditions of the supervision and consent decree.
Sec. 3. NRS 62.170 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 610 (CHAPTER 415, SB 229)κ
62.170 1. Any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose surroundings are such as to endanger his welfare. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child shall be released to the custody of his parent or other responsible adult upon the written agreement signed by such person to bring the child to the court at a stated time or at such time as the court may direct. The written agreement shall be submitted to the court as soon as possible. If such person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention shall be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as shall be designated by the court, subject to further order.
3. Except as provided otherwise in this section no child under 18 years of age shall at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime; except that where no other detention facility has been designated by the court, until the judge or probation office can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts shall be made to keep children who are neglected or in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained shall, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after such child submits an application, excluding Saturdays, Sundays and holidays. A child shall not be released after a detention hearing without the written consent of the judge or master.
5. The official in charge of any detention home may by written order direct the transfer to the county jail of a child placed in the detention home. The child shall not be detained in the county jail for more than 24 hours unless a district judge orders him so detained for a longer period. Such an order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection shall, where possible, be placed in a cell separate from adults.
________
κ1975 Statutes of Nevada, Page 611κ
Senate Bill No. 158Committee on Environment and Public Resources
CHAPTER 416
AN ACT relating to geothermal resources; providing definitions; authorizing the state engineer to adopt regulations to control the development of geothermal resources; declaring that water or steam encountered during exploration is subject to certain appropriation procedures; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Geothermal resource means heat or other associated geothermal energy found beneath the surface of the earth.
2. State engineer means the state engineer appointed by the director of the state department of conservation and natural resources pursuant to NRS 532.020, or his designee.
Sec. 3. 1. The state engineer may adopt such regulations as are necessary to insure the proper development, control and conservation of Nevadas geothermal resources.
2. The regulations may include but are not restricted to:
(a) Defining geothermal areas;
(b) Establishing security requirements;
(c) Establishing casing and safety device requirements;
(d) Establishing recordkeeping requirements;
(e) Establishing procedures to prevent pollution and waste;
(f) Authorizing investigations and research which may be in conjunction with other governmental and private agencies; and
(g) Establishing well-spacing requirements.
Sec. 4. The adoption, amendment and repeal of regulations under section 3 of this act and procedures established pursuant thereto shall be subject to the provisions of chapter 233B of NRS (Nevada Administrative Procedure Act).
Sec. 5. Any water and steam encountered during geothermal exploration is subject to the appropriation procedures of chapters 533 and 534 of NRS.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 612κ
Assembly Bill No. 641Select Committee on Utilities
CHAPTER 417
AN ACT relating to economic development revenue bonds; extending their use to capital improvements of a public utility; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.9196 is hereby amended to read as follows:
244.9196 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with furnishing of water if available on reasonable demand to members of the general public.
3. Any undertaking by a public utility, in addition to that allowed by subsection 2, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 2. NRS 268.522 is hereby amended to read as follows:
268.522 Project means: [any]
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial or research and development enterprises.
2. Any undertaking by a public utility which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 613κ
Assembly Bill No. 558Committee on Government Affairs
CHAPTER 418
AN ACT relating to control and sale of state lands; clarifying the right of the owner of a severed mineral estate to bring an action for declaratory judgment against the State of Nevada to remove any cloud on the title to mineral rights on lands originally obtained from the state; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 321.332 is hereby amended to read as follows:
321.332 1. Every person, corporation or association, his, her or its heirs, assigns or lawful successors referred to in NRS 321.331, who is entitled to [the possession of] any lands that may have been purchased by him, her or it, or his, her or its predecessors in interest, from the State of Nevada subsequent to March 3, 1887, or who has a separate estate in the minerals, including any gas, coal, oil and oil shales existing in such land, arising from a conveyance or reservation of mineral rights by such an immediate or remote grantee of the state, may bring an action in the district court of this state in and for any county where such lands or any part thereof are situate to determine by declaratory judgment of such court whether or not the State of Nevada has any rights to any minerals therein, including any oil, gas, coal and oil shales and, if possible, the extent thereof, and the State of Nevada hereby consents to the bringing of any such action or actions.
2. Service of process on the State of Nevada in any such action may be secured by serving a copy of the complaint, together with a copy of the summons, on the attorney general of the State of Nevada.
3. If an action is brought pursuant to this section by the holder of a separate mineral estate, he shall give notice of the bringing of the action, by registered or certified mail to every record owner of the fee in any lands which are the subject of the action, but is not required to join any such owner as a party to the action. The notice shall be given on or within 5 days after the date of filing the complaint, shall identify the land of the owner which is affected, and shall state the case number and court in which the action is brought.
________
κ1975 Statutes of Nevada, Page 614κ
Assembly Bill No. 547Committee on Education
CHAPTER 419
AN ACT relating to public school personnel; requiring certain reports and evaluations; altering the hearing procedure for dismissal of probationary teachers; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. Such noncertificated personnel shall be given direct supervision by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Notwithstanding the provisions of NRS 252.110, the board of trustees of a school district may employ independent legal counsel when such employment is deemed necessary by the board.
4. Notwithstanding the provisions of NRS 354.596, not later than 30 days prior to the time of filing its tentative budget, each board of school trustees of a school district shall submit, or cause to be submitted [,] simultaneously, to the state department of education and the Nevada tax commission a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report shall be made on forms prescribed by the state department of education and shall include, but shall not be limited to:
(a) A schedule showing the estimated number of persons to be employed by account and fund classification and fully funded thereby; and
(b) A schedule showing the estimated number of persons to be employed by classification who are funded by more than one account or fund.
(c) The projected salary schedule for the next fiscal year.
Sec. 2. NRS 391.3125 is hereby amended to read as follows:
391.3125 1. It is the intent of the legislature that a uniform system be developed for objective evaluation of teacher personnel in each school district.
2. Each board of school trustees, following consultation and involvement of elected representatives of teacher personnel or their designees, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. In like manner, counselors, librarians and other certificated school support personnel shall be evaluated on forms developed specifically for their respective specialties.
κ1975 Statutes of Nevada, Page 615 (CHAPTER 419, AB 547)κ
manner, counselors, librarians and other certificated school support personnel shall be evaluated on forms developed specifically for their respective specialties. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.
3. Each probationary teacher shall be evaluated in writing at least twice each year. The first evaluation shall take place no later than 60 school days after the teacher enters service under the contract and the second shall take place no later than March 1.
4. Each postprobationary teacher shall be evaluated at least once each year.
5. The evaluation of a probationary teacher or a postprobationary teacher shall, if necessary, include recommendations for improvements in teaching performance. A reasonable effort shall be made to assist the teacher to correct deficiencies noted in the evaluation. The teacher shall receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teachers response shall become a permanent attachment to the teachers personnel file.
Sec. 3. NRS 391.3127 is hereby amended to read as follows:
391.3127 1. Each board of school trustees, following consultation and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.
2. Each administrator shall be evaluated in writing at least once a year.
Sec. 4. NRS 391.3197 is hereby amended to read as follows:
391.3197 1. Teachers employed by a board of trustees shall be on probation annually for the first 3 consecutive years of employment unless on an approved leave of absence, [provided] if their services are satisfactory, or they may be dismissed at any time, after a hearing as provided in subsection 3, at the discretion of the board.
2. Any certificated employee who has achieved postprobationary status in a Nevada school district and is contracted in a second or subsequent school district shall have a probationary period not to exceed 2 consecutive years of employment in that district.
3. Prior to dismissal or nonrenewal, the teacher may obtain a due process [hearing before the board or, at the discretion of the board, a] hearing before a hearing officer or hearing commission as set out in NRS 391.311 to 391.3196, inclusive. [The appeal provisions of chapter 233B of NRS do not apply for a probationary teacher.]
4. After receiving the report of the hearing officer or hearing commission, the board may accept or reject the recommendation. The boards decision is final and not subject to judicial review.
________
κ1975 Statutes of Nevada, Page 616κ
Assembly Bill No. 416Committee on Elections
CHAPTER 420
AN ACT relating to elections; further specifying the residence requirement for candidates; providing a penalty; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 281.050 is hereby amended to read as follows:
281.050 1. The legal residence of a person with reference to his eligibility to office is that place where he [shall have] has been actually, physically and corporeally present within the state or county or district, as the case may be, during all the period for which residence is claimed by him. Should any person absent himself from the jurisdiction of his residence such absence shall be considered in determining the question of legal residence.
2. If a candidate who has filed for elective office moves his residence out of the state, county, district, ward, subdistrict or any other unit prescribed by law for which he is a candidate and in which he is required to reside, a vacancy is created thereby and the appropriate action for filling such vacancy shall be taken.
3. The district court [shall have] has jurisdiction to determine the question of legal residence in an action for declaratory judgment.
Sec. 2. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office [shall become] becomes vacant upon the occurring of [either] any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found [upon a commission of lunacy issued to determine the fact.] by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond [.] or a violation of section 3 of this act.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010; or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.
(f) The ceasing of the incumbent to be a resident of the state, district, county, city [or precinct] , ward or other unit prescribed by law in which the duties of his office are to be exercised, or [for which he shall have been] from which he was elected or appointed [.] , or in which he was required to reside to be a candidate for office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
κ1975 Statutes of Nevada, Page 617 (CHAPTER 420, AB 416)κ
2. Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected [be a state or district office,] is a state office or concerns more than one county, or the district attorney shall, if the office affected [be a county, city or precinct office,] is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any [and all] proceedings for judgment and decree declaring such office vacant.
Sec. 3. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to any other requirement provided by law, no person may be a candidate for any office unless he has been a legal resident of the district to which the office pertains for at least 30 days before the close of filing of declarations of candidacy for the office which he seeks.
2. Any person who knowingly and willfully files an acceptance, certificate or declaration of candidacy which contains a false statement in this respect is guilty of a gross misdemeanor.
3. Any person convicted under the provisions of this section is disqualified from entering upon the duties of the office for which he was a candidate.
4. The provisions of this section do not apply to candidates for the office of district attorney.
Sec. 4. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not later than 5 p.m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:
Declaration of Candidacy of ..............................
for the Office of ..............................
State of Nevada
County of ..............................................
}ss.
For the purpose of having my name placed on the official primary ballot as a candidate for the .............................. Party nomination for the office of .............................., I, the undersigned .............................., do swear (or affirm) that I reside at No. .........., .............................. Street, in the City (or Town) of .............................., County of .............................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more prior to the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the .............................. Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 prior to the closing filing date for this election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ..............................
κ1975 Statutes of Nevada, Page 618 (CHAPTER 420, AB 416)κ
election; that if nominated as a nonpartisan candidate or as a candidate of the .............................. Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name shall appear on all ballots as here designated.
.......................................................................................
(Designation of name)
.......................................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ............... day of ..........................., 19 .........
...............................................................
Notary Public (or other officer
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. The party designation in nonpartisan elections shall not be shown on the declaration of candidacy.
________
Assembly Bill No. 364Committee on Labor and Management
CHAPTER 421
AN ACT relating to workmens compensation; increasing the maximum pay deemed to be received by certain corporate officers; eliminating compulsory coverage for a working member of a partnership; expanding employee to include members of county and local departments, boards, commissions, agencies and bureaus who receive less than $250 per month compensation; declaring that an employee injured while participating without pay in an athletic or social event sponsored by his employer is not entitled to compensation; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.055 is hereby amended to read as follows:
616.055 Employee and workman are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
κ1975 Statutes of Nevada, Page 619 (CHAPTER 421, AB 364)κ
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of [$15,600] $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. [A working member of a partnership receiving wages, irrespective of profits from such partnership.
6.] Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.
Sec. 2. NRS 616.079 is hereby amended to read as follows:
616.079 1. Members of state, county and local departments, boards, commissions, agencies or bureaus [appointed by the governor, the legislature or other statutory authority] , whether elected or appointed as such members, who serve without compensation or who receive less than $250 per month compensation, and the members of the state board of education and the members of the board of regents of the University of Nevada, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.
2. For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state, county and local department, board, commission, agency or bureau and the state department of education and the board of regents of the University of Nevada shall budget for such premiums in the same manner as other expenditures are budgeted for, and shall pay such premiums out of moneys appropriated therefor in the manner provided in NRS 616.405 to the extent that such provisions are applicable.
Sec. 3. NRS 616.110 is hereby amended to read as follows:
616.110 1. Injury and personal injury [shall be construed to mean] means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result, and resulting from external force, including injuries to artificial members. Any injury sustained by an employee while engaging in an athletic or social event sponsored by the employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in such event.
2. For the purposes of this chapter, coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall not be deemed to be an injury by accident sustained arising out of and in the course of the employment.
Sec. 4. NRS 616.310 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 620 (CHAPTER 421, AB 364)κ
616.310 1. Workmen described in subsection [6] 5 of NRS 616.055 and in NRS 616.065, whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. However, any such workmen partnership or lessees, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 616.065, or the lessor, as provided in subsection [6] 5 of NRS 616.055, shall be relieved of this obligation.
Sec. 5. NRS 616.400 is hereby amended to read as follows:
616.400 1. Every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the commission with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the month; and
(b) A segregation of employment in accordance with the requirements of the commission,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount [earned by] paid by each employer to any one employee during the year shall be deemed to be [$15,600.] $24,000.
3. Any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 shall operate as a rejection of this chapter, effective at the expiration of the period covered by his estimate.
5. If an audit of the accounts or actual payroll of such employer shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate.
6. The commission shall diligently proceed, by use of registered or certified mail or by other suitable means, to notify any employer and his representative or his representative of any failure on his part to comply with the foregoing provisions; but such notice or its omission shall in no way modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
κ1975 Statutes of Nevada, Page 621 (CHAPTER 421, AB 364)κ
with the foregoing provisions; but such notice or its omission shall in no way modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
Sec. 6. NRS 617.070 is hereby amended to read as follows:
617.070 Employee and workman are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of [$15,600] $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. [A working member of a partnership receiving wages, irrespective of profits from such partnership.
6.] Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the provisions of this chapter if the lessee has covered itself and its employees under the provisions of this chapter.
[7.] 6. Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.
Sec. 7. NRS 617.250 is hereby amended to read as follows:
617.250 1. Workmen described in subsection [6] 5 of NRS 617.070 and in NRS 617.090, whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:
(a) The agreement under which the work is to be performed;
(b) The agreement number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise, the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. Any such workmen partnership or lessees, however, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 617.090, or the lessor, as provided in subsection [6] 5 of NRS 617.070, shall be relieved of this obligation.
κ1975 Statutes of Nevada, Page 622 (CHAPTER 421, AB 364)κ
obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 617.090, or the lessor, as provided in subsection [6] 5 of NRS 617.070, shall be relieved of this obligation.
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Assembly Bill No. 452Assemblymen Robinson, Ashworth, Demers and Getto
CHAPTER 422
AN ACT relating to the public service commission of Nevada; establishing a consumer division to handle complaints made against public utilities; providing procedures for handling complaints; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A division of consumer relations is hereby established within the commission.
2. Pursuant to regulations adopted by the commission, the division of consumer relations shall:
(a) Receive and investigate complaints made against any public utility;
(b) Conduct appropriate investigations of utility company service practices; and
(c) Perform such other functions as the commission deems appropriate and necessary.
Sec. 2. NRS 704.450 is hereby amended to read as follows:
704.450 1. Upon a complaint made against any public utility by any [mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization, or by any person or persons, firm or firms, corporation or corporations, association or associations, the same being interested,] interested natural person or partnership, corporation, association, any form of business organization or any governmental entity, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice or act [whatsoever] affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, [the commission shall, within] and the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. Within 10 days after receipt of [such complaint,] the complaint and recommendation, the commission shall provide the public utility complained against with a copy of the complaint [.]
κ1975 Statutes of Nevada, Page 623 (CHAPTER 422, AB 452)κ
shall provide the public utility complained against with a copy of the complaint [.] and recommendation. Within a reasonable time thereafter the commission shall investigate [such] the complaint.
2. If, as a result of such investigation, the commission [shall determine] determines that probable cause exists for such complaint, it shall order a hearing thereof, and such hearing shall be noticed as provided in NRS 704.465, and conducted as any other hearing before the commission.
3. No order affecting such rates, tolls, charges, schedules, regulations, measurements, practice or act complained of shall be entered without a formal hearing at which both the complainant and the public utility are entitled to appear by counsel or otherwise and be fully heard, unless a hearing is dispensed with as provided in NRS 704.465.
________
Assembly Bill No. 584Committee on Commerce
CHAPTER 423
AN ACT relating to alcoholic beverages; limiting vertical competition in the distribution and marketing of alcoholic beverages; providing a penalty; and providing other matters properly relating thereto.
[Approved May 13, 1975]
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 to 6, inclusive, of this act.
Sec. 2. It is the policy of the legislature to insure the orderly distribution and marketing of alcoholic beverages in this state in order to protect locally owned and operated business enterprises and those residents whose livelihoods and investments are dependent on their freedom to manage their businesses without economic and coercive control by nonresident suppliers of alcoholic beverages.
Sec. 3. As used in NRS 369.180 and sections 4 to 6, inclusive, of this act, unless the context otherwise requires:
1. Alcoholic beverage means any spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.
2. Engage in includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.
3. Person includes a natural person, firm, partnership, association, company, corporation, organization, joint venture, social club, syndicate, cooperative or any other group acting as a unit.
Sec. 4. 1. A person engaged in the business of manufacturing, blending or bottling of alcoholic beverages shall not engage in the business of importing, wholesaling or retailing of alcoholic beverages by investment, loan or extension of credit in excess of normal terms prevalent in the industry.
κ1975 Statutes of Nevada, Page 624 (CHAPTER 423, AB 584)κ
2. This section does not preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.
Sec. 5. Any person who is engaged in the business of importing or wholesaling alcoholic beverages in the State of Nevada shall not engage in the business of retailing alcoholic beverages in this state.
Sec. 6. The license of any person who violates the provisions of sections 4 or 5 of this act shall be suspended or revoked in the manner provided in this chapter.
Sec. 7. NRS 369.180 is hereby amended to read as follows:
369.180 In addition to the limitations imposed by sections 4 and 5 of this act, a person shall not:
[1. No person shall be an importer of liquors] 1. Import liquors into the State of Nevada unless he first secures an importers license or permit from the State of Nevada.
2. [No person shall engage] Engage in business as a wholesale dealer of wines and liquors in the State of Nevada unless he first secures a wholesale wine and liquor dealers license from the State of Nevada.
3. [No person shall engage] Engage in business as a wholesale dealer of beer in the State of Nevada unless he first secures a wholesale beer dealers license from the State of Nevada.
________
Senate Bill No. 354Senators Bryan, Hilbrecht, Gojack, Sheerin, Echols, Schofield, Blakemore and Wilson
CHAPTER 424
AN ACT relating to housing; creating a housing division in the department of commerce; vesting it with appropriate power to promote the development of housing for persons of low and moderate income; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department [shall consist] consists of a director and the following divisions:
(a) Banking division.
(b) Consumer affairs division.
(c) Credit union division.
(d) Housing division.
[(d)] (e) Insurance division.
[(e)] (f) Real estate division.
[(f)] (g) Savings and loan division.
[(g)] (h) State fire marshal division.
κ1975 Statutes of Nevada, Page 625 (CHAPTER 424, SB 354)κ
Sec. 2. NRS 232.250 is hereby amended to read as follows:
232.250 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the credit union division shall be known as the commissioner of credit unions, the chief of the housing division shall be known as the administrator of the housing division, the chief of the insurance division shall be known as the commissioner of insurance, the chief of the real estate division shall be known as the real estate administrator, the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.
2. Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, chapter 645 of NRS, NRS 598.360 to 598.640, inclusive, sections 4 to 42, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.
Sec. 3. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 4 to 42, inclusive, of this act.
Sec. 4. This chapter may be cited as the Nevada Housing Finance Law.
Sec. 5. The legislature finds and declares that:
1. There exists a serious shortage of decent, safe and sanitary housing in this state available to persons and families of low and moderate income.
2. This condition is conducive to disease, crime, environmental decline and poverty, impairs the economic value of large areas, which are characterized by depreciated value, impaired investments, reduced capacity to pay taxes, and lack of new development to meet the needs of area residents, and is a menace to the health, safety, morals and welfare of the citizens of this state.
3. This condition results in a loss of population and further deterioration accompanied by added costs to communities for creation of new public facilities and services elsewhere.
4. It is difficult and uneconomic for individual owners independently to remedy this condition.
5. One major cause of this condition has been recurrent shortages of money from private sources, and such shortages have contributed to reductions in construction of new residential housing and have made the sale and purchase of existing residential housing a virtual impossibility in certain parts of the state.
6. The ordinary operations of private enterprise have not in the past corrected these conditions.
7. The reduction in housing construction has caused substantial unemployment and underemployment in the construction industry which results in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.
κ1975 Statutes of Nevada, Page 626 (CHAPTER 424, SB 354)κ
in hardships, wastes human resources, increases the public assistance burdens of the state, impairs the security of family life, impedes the economic and physical development of the state and adversely affects the welfare, health and prosperity of all the people of this state.
8. A stable supply of adequate money for the financing of housing is required to encourage new housing in an orderly and sustained manner and thereby to reduce these detrimental results.
9. It is necessary to create a housing division in the department of commerce to encourage the investment of private capital and stimulate the financing of housing through the use of public financing to provide mortgage loans and to make loans to and purchase mortgage loans from mortgage lenders.
10. All of the purposes set forth in subsection 9 are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned or granted.
This chapter shall be liberally construed to accomplish the public purposes and alleviate the detrimental conditions set forth in this section.
Sec. 6. As used in this chapter, the words and terms defined in sections 7 to 16, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 7. Administrator means the administrator of the housing division of the department of commerce.
Sec. 8. Division means the housing division of the department of commerce.
Sec. 9. Eligible family means a person or family, selected without regard to race, creed, national origin or sex, determined by the division to require such assistance as is made available by this chapter on account of insufficient personal or family income after taking into consideration, without limitation, such factors as:
1. The amount of the total income of such person or family available for housing needs;
2. The size of the family;
3. The cost and condition of housing facilities available;
4. The ability of the person or family to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing; and
5. If appropriate, standards established for various federal programs determining eligibility based on income of such persons and families.
Sec. 10. Governmental agency means the United States of America, this state or any department, division, public corporation, public agency, political subdivision or other public instrumentality of either.
Sec. 11. Insured mortgage means a mortgage loan for residential housing insured or guaranteed by the United States or a governmental agency or instrumentality thereof.
Sec. 12. Lending institution means any bank or trust company, Federal National Mortgage Association approved mortgage banker, national banking association, savings and loan association or other financial institution or governmental agency of the United States which customarily provides service or otherwise aids in the financing of mortgages located in this state.
κ1975 Statutes of Nevada, Page 627 (CHAPTER 424, SB 354)κ
Sec. 13. Mortgage means a mortgage deed, deed of trust or other instrument which constitutes a lien on real property in fee simple or on a leasehold under a lease whose remaining term, at the time such mortgage is acquired, does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is established by the division as necessary to protect its interest as mortgagee.
Sec. 14. Mortgage loan means an interest bearing obligation secured by a mortgage on land and improvements in this state.
Sec. 15. Real property means all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms of years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
Sec. 16. Residential housing means one or more new or existing residential dwelling units financed pursuant to the provisions of this chapter for the primary purpose of providing decent, safe and sanitary dwelling accommodations for eligible families in need of housing, including any buildings, land, improvements, equipment, facilities, other real or personal property, or other related nonhousing facilities which are necessary, convenient or desirable in connection therewith, and including but not limited to streets, sewers, utilities, parks, site preparation, landscaping and other nonhousing facilities such as administrative, community, transportation, health, recreational, educational, commercial, retail, welfare and public facilities which the division determines improve the quality of the residential living for eligible families.
Sec. 17. 1. The division shall administer the provisions of this chapter. The administrator may adopt, amend or rescind regulations, consistent with the provisions of this chapter, appropriate to carry out its purposes.
2. The administrator may make copies of all proceedings and other records and documents of the division and issue certificates under the seal of the division to the effect that such copies are true copies, and all persons dealing with the division may rely upon such certificates.
3. The division may employ or contract for the services of attorneys, accountants, financial experts and such other advisers, employees, consultants and agents as the administrator may determine to be necessary.
4. Before September 1 of each even-numbered year the division shall submit a report of its activities for the biennium ending June 30 of that year to the governor, state treasurer and the legislature. Each such report shall set forth a complete operating and financial statement of the division during such biennium. The division shall cause an audit of its books and accounts to be made at least once in each fiscal year by the legislative auditor or a certified public accountant approved by him.
Sec. 18. The division may:
1. Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter with any governmental agency, private corporation or other entity, or natural person.
2. Enter into agreements or other transactions with, and accept grants from and cooperate with any governmental agency or other source in furtherance of the purposes of this chapter.
κ1975 Statutes of Nevada, Page 628 (CHAPTER 424, SB 354)κ
Sec. 19. The division may, in connection with any property of which it is the mortgagee but not otherwise:
1. Acquire or contract to acquire real or personal property, or any interest therein, on a temporary or permanent basis in its own name by gift, purchase, transfer, foreclosure, lease or otherwise, including rights or easements in property;
2. Hold, sell, assign, lease, encumber, mortgage or otherwise dispose of any real or personal property or any interest therein;
3. Hold, sell, assign or otherwise dispose of any mortgage interest owned by it or under its control, custody or in its possession; and
4. Release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, including any equity or right of redemption in property foreclosed by it.
5. Make any such disposition by private sale, with or without public bidding.
Sec. 20. The division may:
1. Establish such funds or accounts as may be necessary or desirable for furtherance of the purposes of this chapter.
2. Invest or deposit its moneys, subject to any agreement with bondholders or noteholders, and is not required to keep any of its moneys in the state treasury. The provisions of chapters 355 and 356 of NRS do not apply to such investments or deposits.
Sec. 21. The division may provide advice, technical information, training and educational services, conduct research and promote the development of housing, building technology and related fields.
Sec. 22. The division may make, undertake commitments to make and participate with lending institutions in the making of insured mortgage loans, and make temporary loans and advances in anticipation of insured mortgage loans to finance the construction or rehabilitation of multifamily residential housing. Such loans shall be made only after a determination by the administrator that mortgage loans are not otherwise available from private lenders upon reasonably equivalent terms and conditions.
Sec. 23. Any insured mortgage loan made by the division shall:
1. Not exceed the amount permitted under the insurance program under which the mortgage is insured.
2. Be secured in such manner, be repaid in such period and bear interest at a rate determined by the division and permitted under the insurance program under which the mortgage is insured. In addition to such interest charges, the division may charge and collect such fees and charges, including reimbursement of the divisions operating expenses, financing costs, service charges, insurance premiums and mortgage insurance premiums as the division determines to be reasonable.
Sec. 24. 1. The division may:
(a) Invest in, purchase or make commitments to purchase, and take assignments from lending institutions of mortgage loans and promissory notes accompanying such mortgage loans, including federally insured mortgage loans or participations with lending institutions in such promissory notes and mortgage loans, for the construction, rehabilitation, purchase, leasing or refinancing of residential housing within this state.
κ1975 Statutes of Nevada, Page 629 (CHAPTER 424, SB 354)κ
(b) Sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by the division.
2. At or before the time of purchase, the lending institution shall certify to the division with respect to all mortgage loans transferred to the division:
(a) That the mortgage loans transferred to the division are for residential housing for eligible families within this state; or
(b) That the proceeds of sale or its equivalent will be reinvested in mortgage loans for residential housing for eligible families within this state in an aggregate principle amount equal to the amount of such sale proceeds.
Sec. 25. The division may:
1. Renegotiate, refinance or foreclose, or contract for the foreclosure of, any mortgage in default;
2. Waive any default or consent to the modification of the terms of any mortgage;
3. Commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement;
4. Bid for and purchase property upon which it holds a mortgage at any foreclosure or at any other sale, or acquire and take possession of any such property;
5. Operate, manage, lease, dispose of and otherwise deal with such property in such manner as may be necessary to protect the interest of the division and the holders of its bonds, notes and other obligations; and
6. Consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind to which the division is a party, subject to any agreement with bondholders or noteholders.
Sec. 26. 1. The division may:
(a) Make loans to lending institutions under terms and conditions requiring the proceeds thereof to be used by such lending institutions for the making of new mortgage loans for residential housing;
(b) Purchase securities from lending institutions under terms and conditions requiring that such securities finance mortgage loans for residential housing;
(c) Require that loans to or securities purchased from lending institutions shall be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts and consisting of such obligations, securities, and mortgage loans as the administrator determines to be necessary to assure the payment of such loans or securities purchased and the interest thereon as the same become due.
2. The division may require in the case of any or all lending institutions that any required collateral be lodged with a bank or trust company, located either within or outside the state, designated by the division as custodian therefor. In the absence of such requirement, a lending institution shall, if collateral is to be provided for the loan or securities purchased, upon receipt of the proceeds from the division, enter into an agreement with the division containing such provisions as the division deems necessary to identify adequately and maintain and service such collateral and providing that such lending institution shall hold such collateral as an agent for the division and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement.
κ1975 Statutes of Nevada, Page 630 (CHAPTER 424, SB 354)κ
deems necessary to identify adequately and maintain and service such collateral and providing that such lending institution shall hold such collateral as an agent for the division and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement. A copy of each such agreement and any revisions or supplements thereto shall be filed as required by the Uniform Commercial Code — Secured Transactions, and the lien and trust for the benefit of the division so created shall be binding from the time made against all parties having claims of any kind in tort, contract or otherwise against such lending institution. The division may also establish such additional requirements as the administrator deems necessary with respect to the pledging, assigning, setting aside or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.
3. The division may collect, enforce the collection of and foreclose on any collateral securing its loan to or purchase of securities from lending institutions and acquire or take possession of such collateral and sell the collateral at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the division therein, all subject to any agreement with bondholders or noteholders.
Sec. 27. The division may charge and collect such fees and charges as the division may establish from time to time for its lending and mortgage purchase programs.
Sec. 28. The division may procure insurance against any loss in connection with its property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as it deems desirable.
Sec. 29. The division shall not finance any residential housing unless, prior to such financing, the administrator finds that:
1. There exists a shortage of decent, safe and sanitary housing at rentals or prices which eligible families can afford within the general housing market area as determined by the administrator.
2. Private enterprise and investment have been unable, without assistance, to provide an adequate supply of decent, safe and sanitary housing in such housing market area at rentals or prices which persons or families of low and moderate income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families.
3. The proposed residential housing will increase the supply or improve the quality of decent, safe and sanitary housing for eligible families.
4. The residential housing to be developed or assisted by the division pursuant to the provisions of this chapter will be of public use and will provide a public benefit.
5. The divisions estimates of its revenues from the financing of the residential housing, together with all subsidies, grants or other financial assistance from governmental agencies or other entities to be received in connection with the residential housing, will be sufficient to pay the amount estimated by the division as necessary for debt service on its notes and bonds to be issued for the financing of the residential housing.
κ1975 Statutes of Nevada, Page 631 (CHAPTER 424, SB 354)κ
amount estimated by the division as necessary for debt service on its notes and bonds to be issued for the financing of the residential housing.
Sec. 30. 1. Subject to the limitation imposed by subsections 4 and 5, the division may issue from time to time its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient funds for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure such notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.
2. Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, moneys or other assets of the division pledged thereto.
3. In issuing such notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.
4. Before any notes or bonds may be issued pursuant to this section, the administrator shall submit a copy of his finding of the conditions prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.
5. The aggregate principal amount of outstanding bonds, notes and other obligations of the division shall not exceed $200,000,000 exclusive of any bonds, notes or obligations which have been refunded.
Sec. 31. 1. The notes and bonds shall be signed by the administrator, who may use a facsimile signature for this purpose, shall bear such date or dates and shall mature at such time or times as the administrator may determine, except that no bond may mature more than 40 years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, have such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the state, and be subject to such terms of redemption as the administrator may determine. The notes and bonds of the division may be sold by the division at public or private sale at such price or prices as the administrator determines.
2. If the administrator whose signature appears on any notes or bonds or coupons ceases to act in that capacity before the delivery of such notes or bonds, his signature is valid and sufficient for all purposes as if he had remained in office until such delivery.
3. The provisions of chapter 349 of NRS do not apply to any bonds, notes or other obligations issued by the division under the provisions of this chapter.
Sec. 32. The division in issuing any notes or bonds may contract with the holders thereof as to:
1. Pledging all or any part of the revenues of the division to secure the payment of the notes or bonds subject to such agreements with noteholders or bondholders as may then exist.
κ1975 Statutes of Nevada, Page 632 (CHAPTER 424, SB 354)κ
2. Pledging all or any part of the assets of the division, including mortgages and obligations securing such assets, to secure the payment of the notes or bonds subject to such agreements with noteholders or bondholders as may then exist.
3. The use and disposition of the gross income from mortgages owned by the division and the payment of principal of mortgages owned by the division.
4. The setting aside of reserves or sinking funds and the regulation and disposition thereof.
5. Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof.
6. Limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding or other notes or bonds.
7. The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which such consent may be given.
8. Limitations on the amount of moneys to be expended by the division for operating expenses of the division.
9. Vesting in a trustee or trustees such property, rights, powers and duties in trust as the administrator may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this act or limiting the rights, powers and duties of such trustee.
10. Defining the acts or omissions which shall constitute a default in the obligations and duties of the division to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in case of such default, including as a matter of right the appointment of a receiver, but such rights and remedies shall not be inconsistent with the general laws of this state and the other provisions of this chapter.
11. Any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.
Any pledge made by the division is valid and binding from the time when the pledge is made. The revenues, moneys or property so pledged and thereafter received by the division are immediately subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the division, whether or not such persons have notice thereof. Neither the proceedings of the division relating to the bonds or notes nor any other instrument by which a pledge is created need be recorded.
Sec. 33. In the discretion of the administrator, bonds issued by the division may be secured by a trust indenture or trust indentures by and between the division and a corporate trustee, which may be any trust company or bank having the power of a trust company within or outside this state.
κ1975 Statutes of Nevada, Page 633 (CHAPTER 424, SB 354)κ
this state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the division in relation to the exercise of its statutory powers and the custody, safeguarding and application of all moneys. The division may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as the administrator may determine. All expenses incurred in carrying out such trust indenture may be treated as part of the operating expenses of the division. Such trust indenture may limit or abrogate the right of the holders of any bonds, notes or other obligations of the division to appoint a trustee under this chapter or limit the rights, powers and duties of such trustee.
Sec. 34. The division may procure or agree to the procurement of insurance or guarantees from any governmental agency or from any private insurance company, of the payment of any bonds or notes or any other evidences of indebtedness thereof issued by the agency or by any lending institution, and may pay premiums on such insurance.
Sec. 35. The division, subject to such agreements with noteholders or bondholders as may then exist, may, out of any moneys available therefor, purchase its notes or bonds, which shall thereupon be canceled, at a price not exceeding:
1. The redemption price then applicable plus accrued interest to the next interest payment thereon if the notes or bonds are then redeemable; or
2. The redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date if the notes or bonds are not redeemable.
Sec. 36. 1. The division may issue refunding obligations to refund any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any statutory purpose of the division. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the division in respect to them are governed by the provisions of this chapter which relate to the issuance of original obligations insofar as appropriate.
2. Refunding obligations issued as provided in this section may be sold or exchanged for outstanding obligations issued under this chapter and, if they are sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the purpose for which they are issued, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America, or obligations of any agency or instrumentality of the United States or obligations of or guaranteed by the State of Nevada, which mature or which are subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
κ1975 Statutes of Nevada, Page 634 (CHAPTER 424, SB 354)κ
subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
Sec. 37. 1. The division may establish one or more bond reserve funds, and shall pay into each such bond reserve fund:
(a) Any moneys appropriated by the legislature for the purpose of such fund;
(b) Any proceeds of sale of notes or bonds to the extent provided in connection with the issuance thereof; and
(c) Any other moneys which may be available to the division for the purpose of such fund from any other source or sources.
All moneys held in any bond reserve fund, except as otherwise expressly provided in this chapter, shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by such fund or of the sinking fund payments with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity.
2. Moneys in such a fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of the fund below the bond reserve fund requirement established for that fund, except for the purpose of paying when due, with respect to bonds secured in whole or in part by such fund, principal, interest, redemption premiums and sinking fund payments for the payment of which other moneys of the division are not available. Any income or interest earned by or incremental to any bond reserve fund resulting from the investment thereof may be transferred by the division to other funds or accounts of the division to the extent that it does not reduce the amount of that bond reserve fund below the bond reserve fund requirement for such fund.
Sec. 38. The division shall not at any time issue bonds, secured in whole or in part by a bond reserve fund, if upon the issuance of those bonds, the amount in that bond reserve fund will be less than the bond reserve fund requirement for that fund, unless the division at the time of issuance of such bonds deposits in that fund from the proceeds of the bonds issued, or from other sources, an amount which, together with the amount then in that fund, will not be less than the bond reserve fund requirement for that fund. The bond reserve fund requirement, as of any particular date of computation, is an amount of money, specified in the proceedings of the division authorizing the bonds with respect to which such fund is established, equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the division, of annual debt service on the bonds of the division secured in whole or in part by such fund. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all interest and principal payable on such bonds during the fiscal year, calculated on the assumption that all such bonds are paid at maturity, or if any amount of such bonds is required to be redeemed on any earlier date by operation of a sinking fund, then on the assumption that such amount of bonds is redeemed on such earlier date and that such amount is considered principal payable on such bonds during the year they are to be redeemed.
κ1975 Statutes of Nevada, Page 635 (CHAPTER 424, SB 354)κ
redeemed on such earlier date and that such amount is considered principal payable on such bonds during the year they are to be redeemed.
Sec. 39. The provision of bond reserve fund requirements is designed to assure the continued operation and solvency of the division for the carrying out of its statutory purposes. The administrator shall, on or before the date of convening of any regular session of the Nevada legislature, make and deliver to the governor, the president of the senate and the speaker of the assembly his report giving the status of this fund.
Sec. 40. 1. If the division defaults in the payment of principal of or interest on any bonds or notes issued under this chapter after it is due, whether at maturity or upon call for redemption, and such default continues for a period of 30 days, or if the division fails or refuses to comply with the provisions of this chapter or defaults in any agreement made with the holders of an issue of its bonds or notes, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes provided in this section.
2. The trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds or notes then outstanding shall, in his or its own name:
(a) Enforce the right of the bondholders or noteholders to require the division to collect interest and amortization payments on the mortgages held by it adequate to carry out any agreement as to, or pledge of, such interest and amortization payments, and to require the division to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this act.
(b) Enforce the right of the bondholders or noteholders to collect and enforce the payment of principal of and interest due or becoming due on loans to lending institutions and collect and enforce any rights in respect to collateral securing such loans or sell such collateral, so as to carry out any contract as to, or pledge of revenues, and to require the division to carry out any contract as to, or pledge of revenues, and to require the division to perform its duties under this chapter.
(c) Bring suit upon all or any part of such bonds or notes.
(d) By civil action, require the agency to account as if it were the trustee of an express trust for the holders of such bonds or notes.
(e) By civil action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds or notes.
(f) Declare all such bonds or notes due and payable, and if all defaults are made good then with the consent of the holders of 25 percent of the principal amount of such bonds or notes then outstanding, to annul such declaration and its consequences.
(g) Enforce any other right of the bondholders or noteholders conferred by law or by the proceedings of the division authorizing the issuance of the bonds or notes.
3. The trustee shall, in addition to the powers listed in subsection 2, have all the powers necessary or appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
κ1975 Statutes of Nevada, Page 636 (CHAPTER 424, SB 354)κ
functions specifically set forth in this section or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
4. Before declaring the principal of bonds or notes due and payable, the trustee shall give 30 days notice in writing to the governor, to the administrator and to the attorney general of this state.
5. The district court of the first judicial district has jurisdiction of any suit, action or proceeding by the trustee on behalf of bondholders or noteholders.
Sec. 41. 1. The State of Nevada hereby pledges to and agrees with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights vested in the division by this chapter to fulfill the terms of any agreements made with such holders or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The division may include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.
2. Obligations issued under the provisions of this chapter do not constitute a debt, liability or obligation of this state or of any political subdivision thereof, or a pledge of the faith and credit of this state or of any political subdivision thereof, but are payable solely from the revenues or assets of the division. Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the division is not obligated to pay the obligation or the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of this state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
Sec. 42. 1. The notes and bonds of the division are legal investments in which all public officers and public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings and loan associations and trust companies, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are authorized on or after July 1, 1975, to invest in bonds or in other obligations of this state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are securities which may properly and legally be deposited with and received by all public officers and public bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of this state is authorized by law on and after July 1, 1975, and may be used as collateral to secure any deposit of public moneys.
2. The notes and bonds of the division are securities within the meaning of the Uniform Commercial Code — Investment Securities.
________
κ1975 Statutes of Nevada, Page 637κ
Senate Bill No. 300Committee on Commerce and Labor
CHAPTER 425
AN ACT relating to the repair of motor vehicles; prohibiting unauthorized repair; requiring cost estimates; and providing other matters properly relating thereto.
[Approved May 13, 1975]
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 section 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires:
1. Garage means any business establishment, sole proprietorship, firm, corporation, association or other legal entity that engages in the business of repairing motor vehicles.
2. Garageman means any person who owns, operates, controls or manages a garage.
3. Motor vehicle means:
(a) A motorcycle as defined in NRS 482.070;
(b) A motortruck as defined in NRS 482.073 if its gross vehicle weight does not exceed 6,000 pounds; and
(c) A passenger car as defined in NRS 482.087.
4. Person means a natural person, corporation, firm, association or partnership.
5. Person authorizing repairs includes an insurance company, its agents or representatives, authorizing repairs to motor vehicles under a policy of insurance.
6. Repair or repairing includes modifying and performing maintenance work on motor vehicles, but does not include lubrication or oil change, repairing or changing tires, or replacing batteries, wiper blades, fan belts or other minor accessories.
Sec. 3. Whenever any garageman accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, he shall comply with the provisions of sections 4 to 10, inclusive, of this act.
Sec. 4. 1. A person requesting or authorizing the repair of a motor vehicle is entitled, at his specific request, to be furnished an estimate or statement signed by the person making such estimate or statement on behalf of the garageman, indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to the performance of such work.
2. When the estimate is for the purpose of diagnosing a malfunction, the estimate shall include the cost of diagnosis and disassembly and the cost of reassembly if the person does not authorize the repair.
Sec. 5. When an estimate has been furnished pursuant to section 4 of this act, and it is determined that additional charges exceeding 20 percent of the estimate, or $40, whichever is less, are required to perform the repair authorized, the garageman shall notify the person authorizing the repairs of the amount of such additional charges.
κ1975 Statutes of Nevada, Page 638 (CHAPTER 425, SB 300)κ
Sec. 6. 1. A person authorizing repairs who has been notified of additional charges pursuant to section 5 of this act shall:
(a) Authorize the performance of the repair at the additional expense; or
(b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.
2. Until the election provided for in subsection 1 has been made, the garageman shall not undertake any repair which would involve such additional charges.
3. If the person elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after such election, the garageman may charge for storage of the vehicle.
Sec. 7. 1. The person authorizing the repairs may waive the notification required by section 5 of this act by executing the waiver described in subsections 2 to 4, inclusive.
2. The waiver shall be executed by the person authorizing the repairs at the time of authorization of such repairs. It shall include the following statement set forth in boldface letters not less than 1/4 inch high:
STATE LAW REQUIRES THAT WHEN A GARAGEMAN HAS GIVEN A PERSON AUTHORIZING REPAIRS A WRITTEN ESTIMATE SETTING FORTH THE TOTAL COST FOR LABOR AND PARTS AND ACCESSORIES TO ACCOMPLISH REPAIRS ON A MOTOR VEHICLE, NO CHARGE CAN BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF SUCH PERSON. THE PERSON AUTHORIZING THE REPAIRS MAY, HOWEVER, WAIVE HIS RIGHT TO SUBSEQUENT APPROVAL OF INCREASED CHARGES, SHOULD THEY BE FOUND TO BE NECESSARY, BY EXECUTING THIS WAIVER.
3. This shall be followed by the certification set forth below, and the signature of the person authorizing the repairs:
The undersigned hereby certifies that he has read the preceding statement and knowingly and intentionally waives the right to approve any increased charges, should they be found necessary to complete the required repairs on this motor vehicle.
4. The form containing the waiver shall contain:
(a) The date.
(b) The vehicle make, body type and registration plate number.
(c) The work order number assigned by the garageman to the work to be performed on the vehicle.
(d) The name, address and telephone number (if any) of the person authorizing the repairs.
Sec. 8. 1. Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the garageman shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to such person all parts and accessories replaced as a result of the work done.
κ1975 Statutes of Nevada, Page 639 (CHAPTER 425, SB 300)κ
2. The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer on request is entitled to be shown such warranty parts for which a charge is made.
Sec. 9. The garageman shall retain copies of any estimate, statement or waiver required by sections 4 to 8, inclusive, of this act, as an ordinary business record of the garage, for a period of not less than 1 year from the date such estimate, statement or waiver is signed.
Sec. 10. In every instance where charges are made for the repair of a motor vehicle, the garageman making the repairs shall comply with the provisions of NRS 487.035 as well as the provisions of sections 4 to 8, inclusive, of this act. He is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such lien, nor shall he have the right to sue on any contract for repairs made by him, unless he has complied with the requirements of sections 4 to 8, inclusive, of this act in addition to those of NRS 487.035.
Sec. 11. The attorney general or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the commissioner of consumer affairs or of any person allegedly aggrieved by such violation to enjoin any violation of the provisions of sections 4 to 10, inclusive, of this act.
Sec. 12. Any person who knowingly violates any provision of sections 1 to 10, inclusive, of this act is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of $250 for each offense, which may be recovered by civil action in a court of competent jurisdiction on complaint of the commissioner of consumer affairs.
Sec. 13. 1. Every garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:
STATE LAW REQUIRES THAT UPON REQUEST BY ANY PERSON AUTHORIZING REPAIRS TO A MOTOR VEHICLE, SUCH PERSON SHALL BE GIVEN A WRITTEN ESTIMATE OF TOTAL CHARGES FOR LABOR AND PARTS AND ACCESSORIES, AND THAT NO CHARGE MAY BE MADE EXCEEDING THE ESTIMATED AMOUNT BY 20 PERCENT OR $40, WHICHEVER IS LESS, WITHOUT THE CONSENT OF THE PERSON AUTHORIZING THE REPAIRS.
2. Any person who violates the provisions of this section is guilty of a misdemeanor.
________
κ1975 Statutes of Nevada, Page 640κ
Senate Bill No. 265Senator Lamb
CHAPTER 426
AN ACT relating to the state personnel system; revising the years of service required and the amount of payments under the longevity incentive plan; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.177 is hereby amended to read as follows:
284.177 1. A longevity incentive plan administered by the personnel division is hereby established for employees with [10] 8 years or more of continuous state service. Employees rated standard or better with [10] 8 years of continuous service shall receive [$125] $75 semiannually with a semiannual increase of $25 for each additional year of service up to a maximum semiannual amount of [$250] $300 for [15] 17 years or more of continuous state service.
2. As used in subsection 1, continuous means uninterrupted service as defined by the commission.
Sec. 2. This act shall become effective on June 30, 1975.
________
Senate Bill No. 282Committee on Government Affairs
CHAPTER 427
AN ACT relating to county, city and district finances; repealing a provision which requires the county auditor to submit an annual financial report to the board of county commissioners and the Nevada tax commission; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 354.310 is hereby amended to read as follows:
354.310 NRS 354.270 to [354.300,] 354.290, inclusive, shall be considered mandatory, and any county treasurer or county auditor failing to comply with the provisions thereof [shall be] is guilty of malfeasance, misfeasance or nonfeasance in office.
Sec. 2. NRS 354.300 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 641κ
Senate Bill No. 288Senator Walker (by request)
CHAPTER 428
AN ACT relating to public hospitals; requiring that certain hospital privileges be extended to practitioners of specified allied health professions; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, unless the context otherwise requires:
1. Allied health profession means the profession of practicing:
(a) Dentistry as defined in chapter 631 of NRS;
(b) Psychology as defined in chapter 641 of NRS;
(c) Podiatry as defined in chapter 635 of NRS; or
(d) Traditional Oriental medicine as defined in chapter 634A of NRS.
2. Physician means one who engages in the practice of medicine as defined in chapter 630 of NRS or osteopathy as defined in chapter 633 of NRS.
Sec. 2. NRS 450.430 is hereby amended to read as follows:
450.430 1. In the management of the public hospital, no discrimination shall be made against [practitioners of any regular school of medicine and surgery recognized by] physicians licensed under the laws of Nevada [,] or duly licensed practitioners of the allied health professions, and all such [regular] physicians and practitioners shall have [equal] privileges in treating patients in the hospital in accordance with their training and ability [.] , except that practitioners of the allied health professions shall not be members of the staff of physicians described in NRS 450.440. Practitioners of the allied health professions shall be subject to the bylaws, rules and regulations established by the board of hospital trustees pursuant to NRS 450.160.
2. The patient shall have the right to employ, at his own expense, his own physician, if such physician is a member of the hospital staff, or nurse, and when acting for any patient in such hospital the physician employed by such patient shall have [the exclusive] charge of the care and treatment of such patient; and nurses therein shall as to such patient be subject to the directions of such physician, subject always to such general rules and regulations as shall be established by the board of hospital trustees under the provisions of NRS 450.010 to 450.510, inclusive.
________
κ1975 Statutes of Nevada, Page 642κ
Senate Bill No. 333Senator Walker (by request)
CHAPTER 429
AN ACT relating to chiropractic practices; increasing the fees for licenses; distinguishing between active and inactive practitioners; providing for filing of licenses; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 634.120 is hereby amended to read as follows:
634.120 1. All licenses shall be signed by the president and the secretary and shall be attested by the official seal of the board. A fee [of $10] not to exceed $35 shall be collected before a license is delivered.
2. Before practicing, a licensee shall file his license with the county recorder of the county [in which he resides.] in which he intends to practice.
3. A license to practice chiropractic shall authorize the holder thereof to use the term chiropractic physician.
Sec. 2. NRS 634.130 is hereby amended to read as follows:
634.130 1. Every person holding a valid license and actively practicing chiropractic, whether on a full-time or part-time basis, in the State of Nevada shall renew such license each year by paying a renewal fee [of not less than $15 or more than $25.] not to exceed $100. Every person who holds a valid license in the State of Nevada but does not actively practice chiropractic shall renew such license by paying a renewal fee not to exceed $50.
2. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician and surgeon or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.
________
κ1975 Statutes of Nevada, Page 643κ
Senate Bill No. 119Committee on Transportation
CHAPTER 430
AN ACT relating to the Nevada Boat Act; increasing fees charged for certificates; changing time allowed for notification of ownership change; requiring fire extinguishers on racing boats; requiring observer when vessel is towing water skier on any waters; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for number and for a certificate of ownership with the department on forms approved by it accompanied by proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Nevada tax commission, or by proof of exemption from such taxes as provided in NRS 372.320, and by such evidence of ownership as the department may require. The department shall not issue a number, a certificate of number or a certificate of ownership until such evidence is presented to it.
2. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of [$3] $5 for the certificate of number and a fee of [$3] $5 for the certificate of ownership. All fees received by the department under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:
(a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
(b) Immediately given written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.
3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number shall be in conformity therewith.
4. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
5. The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats.
κ1975 Statutes of Nevada, Page 644 (CHAPTER 430, SB 119)κ
connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be [$3.] $5.
Sec. 2. NRS 488.145 is hereby amended to read as follows:
488.145 1. The owner shall furnish the department notice of the destruction or abandonment of any motorboat numbered under this chapter, within [15] 10 days thereof.
2. Such destruction or abandonment shall terminate the certificate of number for such motorboat.
Sec. 3. NRS 488.155 is hereby amended to read as follows:
488.155 1. Any holder of a certificate of number and a certificate of ownership shall notify the department within [15] 10 days, if his address no longer conforms to the address appearing on such certificates and shall, as a part of such notification, furnish the department with his new address. The department shall give written notice of such new address to the appropriate county assessor.
2. The commission may provide in its rules and regulations for the surrender of such certificates bearing the former address and its replacement with new certificates bearing the new address or for the alteration of outstanding certificates to show the new address of the holder.
Sec. 4. NRS 488.1795 is hereby amended to read as follows:
488.1795 Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file such certificates accompanied by a fee of [$3] $5 with the department and thereby make application for a new certificate of ownership and a new certificate of number.
Sec. 5. NRS 488.1797 is hereby amended to read as follows:
488.1797 1. Prior to the issuance of any certificate of ownership, the department shall obtain a statement in writing signed by the transferee or transferor, showing:
(a) The date of the sale or other transfer of ownership of the motorboat.
(b) The name and address of the seller or transferor.
(c) The name and address of the buyer or transferee.
[(d) The total value of consideration given for the sale or other transfer of such motorboat, including any motor or other component part of such motorboat included in the sale or other transfer.]
2. Upon receipt of the properly endorsed certificate of ownership, the certificate of number and the required fee and statement of information, the department shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.
3. The department shall give notice of such transfer to the appropriate county assessor.
Sec. 6. NRS 488.180 is hereby amended to read as follows:
488.180 Any owner of any motorboat numbered under this chapter who sells or transfers his title or any interest in such motorboat shall within [5] 10 days notify the department of the sale or transfer and shall furnish the following information:
1. The name and address of the legal owner and transferee; and
κ1975 Statutes of Nevada, Page 645 (CHAPTER 430, SB 119)κ
2. Such description of the motorboat as may be required by the department.
Sec. 7. NRS 488.185 is hereby amended to read as follows:
488.185 1. Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:
Class A. Less than 16 feet in length.
Class 1. Sixteen feet or over and less than 26 feet in length.
Class 2. Twenty-six feet or over and less than 40 feet in length.
Class 3. Forty feet or over.
2. Except as otherwise provided in subsection 14, every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:
(a) Every motorboat of classes A and 1 shall carry the following lights:
(1) A bright white light aft to show all around the horizon.
(2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.
(b) Every motorboat of classes 2 and 3 shall carry the following lights:
(1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.
(2) A bright while light aft to show all around the horizon and higher than the white light forward.
(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.
(c) Motorboats of classes A and 1 when propelled by sail alone shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
(d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least 1 mile. The word visible in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.
κ1975 Statutes of Nevada, Page 646 (CHAPTER 430, SB 119)κ
when applied to lights, shall mean visible on a dark night with clear atmosphere.
(e) When propelled by sail and machinery any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.
3. Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C. §§ 143-147d), as amended, in lieu of the lights required by subsection 2 of this section.
4. Every motorboat of class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.
5. Every motorboat of class 2 or 3 shall be provided with an efficient bell.
6. Every motorboat shall carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort prescribed by the regulations of the commission for each person on board, so placed as to be readily accessible. But every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board.
7. Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.
8. The provisions of subsections 4 [,] and 5 [and 7] of this section shall not apply to motorboats while competing in any race conducted pursuant to NRS 488.305 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.
9. Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.
10. Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.
11. The commission may make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.
12. The commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.
κ1975 Statutes of Nevada, Page 647 (CHAPTER 430, SB 119)κ
13. No person may operate or give permission for the operation of a vessel which is not equipped as required by this section.
14. Notwithstanding the provisions of subsection 2, no motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise, except when operated on navigable waters of the United States.
Sec. 8. NRS 488.235 is hereby amended to read as follows:
488.235 1. No person may operate a vessel on any [congested] waters of this state for towing a person or persons on water skis or a surfboard or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed. [If such waters are not congested, such vessel shall be equipped with a suitable rearview mirror by which the operator of such boat may observe the person being towed. The commission shall determine and arrange to give notice to the public what waters are congested under the provisions of this section.]
2. No person may operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard or similar device, nor may any person engage in water skiing, surfboarding or similar activity at any time between the hours from 1 hour after sunset to 1 hour before sunrise.
3. The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under NRS 488.305.
Sec. 9. This act shall become effective on January 1, 1976.
________
Assembly Bill No. 585Committee on Judiciary
CHAPTER 431
AN ACT relating to expert witnesses; permitting expert witnesses to submit affidavits identifying controlled substances alleged to have been in possession of any person; providing for the admissibility in municipal courts and the reception by grand juries of certain affidavits from expert witnesses; and providing other matters properly relating thereto.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 50.315 is hereby amended to read as follows:
50.315 Whenever any person has qualified in the district court of any county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of alcohol or a controlled substance the use or possession of which is regulated by chapter 453 of NRS, or the identity of a controlled substance alleged to have been in the possession of a person, the affidavit of such person is admissible in evidence in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district for the purpose of proving the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the presence or absence of alcohol or controlled substance, as the case may be.
κ1975 Statutes of Nevada, Page 648 (CHAPTER 431, AB 585)κ
in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district for the purpose of proving the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the presence or absence of alcohol or controlled substance, as the case may be.
Sec. 2. NRS 50.325 is hereby amended to read as follows:
50.325 1. Whenever a person is charged with an offense punishable under chapters 453 or 484 of NRS and it is necessary to prove the existence of any alcohol or the existence or identity of a controlled substance as defined in chapter 453 of NRS, the district attorney or city attorney may request that the affidavit of a person qualified as provided in NRS 50.315 be admitted in evidence at the trial of or preliminary examination into the offense.
2. Such request shall be made at least 10 days prior to the date set for such trial examination and shall be sent to the defendants counsel and to the defendant, by registered or certified mail [.] by the prosecuting attorney.
3. If such defendant, or his counsel, notifies the district attorney [within 72 hours after receipt of such request] or city attorney by registered or certified mail at least 96 hours prior to the date set for such trial examination that the presence of such person is demanded, the affidavit shall not be admitted.
4. If at the trial or preliminary examination the affidavit of an expert has been admitted in evidence, and it appears to be in the interest of justice that such expert be examined or cross-examined in person, the district court judge or justice of the peace may adjourn the trial or preliminary examination for a period of not to exceed 3 judicial days for the purpose of receiving such testimony. The time within which a preliminary examination or trial is required is extended by the time of such adjournment.
Sec. 3. NRS 50.335 is hereby amended to read as follows:
50.335 The affidavit referred to in NRS 50.315 and 50.325 shall be substantially in one of the following forms:
1. If the sample contained a controlled substance as defined in chapter 453 of NRS:
State of Nevada
County of...........................................
}ss.
................................, being first duly sworn, deposes and says: That I am .................................... (occupation); that on ............................. (date) I qualified before a district judge of the district court of this district as a witness qualified to detect the presence and identity in the blood or urine of a person of a controlled substance the use or possession of which is regulated by chapter 453 of NRS [;] , or the identity of a controlled substance alleged to have been in the possession of a person; that on .......... (date) I [received a substance or ....................... (blood or urine sample) from .............. (name;)] obtained certain evidence from ............... bearing Identification No. .............. and consisting of ....................... for the purpose of performing a chemical analysis upon the contents thereof; that on .....................(
κ1975 Statutes of Nevada, Page 649 (CHAPTER 431, AB 585)κ
the purpose of performing a chemical analysis upon the contents thereof; that on .....................(date) I analyzed such substance or sample and determined it to be or contain ........................ (substance); and that on .........................(date) I [returned such substance or sample to ................... (name) or that I still have such substance or sample in my possession.] replaced the contents in the above-mentioned evidence container, sealed that evidence container with an evidence seal(s) bearing my initials ........ and returned such evidence to ..............................; that such evidence was in my sole care and custody from the time it was obtained by me until it was returned to ................................... and was in substantially the same condition as when it was first obtained by me.
...................................................
Affiant
...................................................
Title
Subscribed and sworn to before me
this ................ day of ..........................., 19 ........
.......................................................
Notary Public
2. If the sample contained alcohol:
State of Nevada
County of ..............................................
}ss.
......................................................., being first duly sworn, deposes and says: That I am ............................................ (occupation); that on ........................................... (date) I qualified before a district judge of the district court of this district as a witness qualified to detect the presence of alcohol in the blood or urine of a person; that on ................................ ............................................ (date) I received a blood or urine sample from ............................................................... (name); that on ............................ .............................................(date) I analyzed such sample and determined that the blood or urine of the person from whom the sample was taken contained .....................(percent) by weight of alcohol; that on .................. .........................(date) I returned such sample to ...................................... (name) or that I still have such sample in my possession.
.......................................................
Affiant
.......................................................
Title
Subscribed and sworn to before me
this ................ day of ..........................., 19 ........
.......................................................
Notary Public
Sec. 4. NRS 172.135 is hereby amended to read as follows:
172.135 1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence, or the deposition of witnesses taken as provided in this Title [.]
κ1975 Statutes of Nevada, Page 650 (CHAPTER 431, AB 585)κ
taken as provided in this Title [.] , except that the grand jury may receive an affidavit in the form prescribed in NRS 50.335 from an expert witness qualified pursuant to NRS 50.315 in lieu of his personal testimony or deposition.
2. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.
________
Assembly Bill No. 428Committee on Labor and Management
CHAPTER 432
AN ACT relating to workmens compensation; revising the definition of average monthly wage and extending use of other definitions.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.027 is hereby amended to read as follows:
616.027 Average monthly wage means the lesser of:
1. The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee [; or] excluding remuneration from:
(a) Employment not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act;
(b) Employment specified in NRS 616.255 or 617.180; and
(c) Employment for which coverage is elective, but has not been elected; or
2. [The] One hundred fifty percent of the state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.
Sec. 2. NRS 617.020 is hereby amended to read as follows:
617.020 1. Unless a different meaning is clearly indicated by the context, the definitions hereinafter set forth and the definitions set forth in chapter 616 of NRS for additional terms and phrases shall govern the construction and meaning of the terms and phrases used in this chapter.
2. Unless the context otherwise requires, a word used in this chapter in the singular number shall also include the plural. The masculine gender shall also include the feminine and neuter.
________
κ1975 Statutes of Nevada, Page 651κ
Assembly Bill No. 536Committee on Commerce
CHAPTER 433
AN ACT relating to execution sales of real property; requiring additional notice to the judgment debtor.
[Approved May 13, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 21.130 is hereby amended to read as follows:
21.130 Before the sale of property on execution, notice thereof shall be given as follows:
1. Perishable property. In cases of perishable property, by posting written notice of the time and place of sale in 3 public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.
2. Other personal property. In case of other personal property, by posting a similar notice in 3 public places of the township or city where the sale is to take place, not less than 5 nor more than 10 days before sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there be one in the county, at least twice, the first publication being not less than 10 days before date of sale.
3. Real property. In case of real property, by personal service upon each judgment debtor or by registered mail to the last-known address of each judgment debtor and by posting a similar notice particularly describing the property, for 20 days successively, in 3 public places of the township or city where the property is situated and also where the property is to be sold; and also by publishing a copy of the notice three times, once a week, for 3 successive weeks, in a newspaper, if there be one in the county. The cost of publication shall in no case exceed the rate for legal advertising as provided in NRS 238.070. In any case where the paper authorized by this section to publish such notice of sale [shall neglect or refuse] neglects or refuses from any cause to make such publication, then the posting of notices as provided in this section shall be deemed sufficient notice. Notices of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, shall be given only by posting in 3 public places in the county, 1 of which shall be posted at the courthouse.
________
κ1975 Statutes of Nevada, Page 652κ
Assembly Bill No. 19Assemblymen Lowman, Hickey, Mann and Craddock
CHAPTER 434
AN ACT to increase the monetary limit on the civil liability of parents and guardians for the willful misconduct of minors and to extend such liability to any injury of public property.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.470 is hereby amended to read as follows:
41.470 1. Any act of willful misconduct of a minor [under the age of 18 years] which results in any injury or death to another person or injury to [the property of another] the private property of another or to public property shall be imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with [such] the minor for all damages resulting from such willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section shall not exceed [$2,000] $3,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any liability now imposed by law.
________
Assembly Bill No. 193Committee on Judiciary
CHAPTER 435
AN ACT relating to parolees; permitting the court of original jurisdiction to reduce a parolees term of imprisonment within certain limits upon recommendation of the state board of parole commissioners; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.033 is hereby amended to read as follows:
176.033 1. Where a sentence of imprisonment is required or permitted by statute, the court shall sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits provided by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the state board of parole commissioners from the time he is released on parole under the provisions of chapter 213 of NRS until the expiration of the term of imprisonment imposed by the court irrespective of any good time or other credits against such term.
κ1975 Statutes of Nevada, Page 653 (CHAPTER 435, AB 193)κ
3. At any time after a parolee has served one-half of the period of his parole, the state board of parole commissioners, upon the recommendation of the department of parole and probation, may petition the court of original jurisdiction requesting a modification of sentence. The board shall give notice of the petition and hearing thereon to the attorney general or district attorney who had jurisdiction in the original proceedings. Upon hearing the recommendation of the state board of parole commissioners and good cause appearing, the court may modify the parolees original sentence by reducing the term of imprisonment, but in no event shall the term be made less than any minimum term prescribed by the applicable penal statute.
________
Assembly Bill No. 234Assemblyman Dreyer
CHAPTER 436
AN ACT to amend an act entitled, An Act providing a plan of insurance for losses arising out of the maintenance or use of motor vehicles; defining terms; providing for payment of certain benefits as they accrue and without regard to fault; providing priorities for payment of claims; abolishing tort liability in certain cases; specifying minimum limits of required tort liability coverage; requiring maintenance of security for certain motor vehicles; providing for subrogation and reimbursement of insurers in certain cases; providing for discovery procedures; providing for an assigned claims plan; and providing other matters properly relating thereto, approved April 24, 1973.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 53 of the above-entitled act, being chapter 530, Statutes of Nevada 1973, at page 836, is hereby amended to read as follows:
Section 53. NRS 485.200 is hereby amended to read as follows:
485.200 The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, shall not apply:
1. To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy and security as required by section 20 of this act with respect to the motor vehicle involved in such accident;
2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond and security as required by section 20 of this act with respect to his operation of motor vehicles not owned by him;
3. To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;
4. To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insured;
κ1975 Statutes of Nevada, Page 654 (CHAPTER 436, AB 234)κ
5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;
6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission; or
8. If, prior to the date that the division would otherwise suspend the license and registration or nonresidents operating privilege under NRS 485.190, there shall be filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 496Committee on Judiciary
CHAPTER 437
AN ACT relating to the attorney general; specifying that the attorney general may commence or defend suit in any court; permitting attorney general to file an information in certain circumstances; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 228.170 is hereby amended to read as follows:
228.170 [1.] Whenever the governor shall direct, or, in the opinion of the attorney general, to protect and secure the interest of the state it is necessary that a suit be commenced or defended in any [court,] federal or state court, the attorney general shall commence such action or make such defense.
2. [Such actions may be instituted in any district court in the state, or in any justices court of the proper county.] The attorney general may file an information in district court in Carson City against a person for an offense allegedly committed by such person while he was confined in a facility of the Nevada state prison.
Sec. 2. NRS 173.035 is hereby amended to read as follows:
173.035 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
κ1975 Statutes of Nevada, Page 655 (CHAPTER 437, AB 496)κ
(b) Has waived his right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the district attorney or the attorney general acting pursuant to NRS 228.170 may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process shall forthwith issue thereon. The affidavit mentioned herein need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information shall be filed within 15 days after the holding or waiver of the preliminary examination. All informations shall set forth the crime committed according to the facts.
Sec. 3. NRS 173.045 is hereby amended to read as follows:
173.045 1. All information shall be filed in the court having jurisdiction of the offenses specified therein, by the district attorney of the proper county or by the attorney general acting pursuant to NRS 228.170 as informant, and his name shall be subscribed thereto by himself or by his deputy.
2. [He] The district attorney or the attorney general shall endorse thereon the names of such witnesses as are known to him at the time of filing the same, and shall also endorse upon such information the names of such other witnesses as may become known to him before the trial at such time as the court may, by rule or otherwise, prescribe; but this shall not preclude the calling of witnesses whose names, or the materiality of whose testimony, are first learned by the district attorney or the attorney general upon the trial. He shall include with each name the address of the witness if known to him. He shall not endorse the name of any witness whom he does not reasonably expect to call.
3. In all cases in which the defendant has not had or waived a preliminary examination there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed.
Sec. 4. NRS 173.055 is hereby amended to read as follows:
173.055 1. The district attorney of the proper county or the attorney general acting pursuant to NRS 228.170 shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders shall be committed to jail, or be recognized or held to bail.
2. If the district attorney [shall determine] or the attorney general determines in any such case that an information ought not to be filed, he shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing his reasons, in fact and in law, for not filing any information in the case. The statement shall be filed within 15 days after the holding of the preliminary examination.
Sec. 5. NRS 173.075 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 656 (CHAPTER 437, AB 496)κ
173.075 1. The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the district attorney [.] or by the attorney general acting pursuant to NRS 228.170. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement.
2. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that he committed it by one or more specified means.
3. The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.
Sec. 6. NRS 173.145 is hereby amended to read as follows:
173.145 1. Upon the request of the district attorney or the attorney general acting pursuant to NRS 228.170 the court shall issue a warrant for each defendant named in the indictment or information.
2. The clerk shall issue a summons instead of a warrant upon the request of the district attorney, the attorney general or by direction of the court.
3. Upon like request or direction the clerk shall issue more than one warrant or summons for the same defendant.
4. The clerk shall deliver the warrant or summons to the peace officer or other person authorized by law to execute or serve it.
5. If a defendant fails to appear in response to the summons, a warrant shall issue.
Sec. 7. NRS 173.205 is hereby amended to read as follows:
173.205 1. The peace officer executing a warrant shall make return thereof to the court. At the request of the district attorney or the attorney general acting pursuant to NRS 228.170 any unexecuted warrant shall be returned and canceled.
2. On or before the return day the person to whom a summons was delivered for service shall make return thereof.
3. At the request of the district attorney or the attorney general acting pursuant to NRS 228.170, made at any time while the indictment or information is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to a peace officer or other authorized person for execution or service.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 657κ
Senate Bill No. 568Committee on Finance
CHAPTER 438
AN ACT making an appropriation to the department of administration for the purpose of purchasing equipment and supplies for employees working for state agencies and funded by various federal public employment acts; and providing other matters properly relating thereto.
[Approved May 14, 1975]
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 department of administration the sum of $50,000 for the purpose of purchasing equipment and supplies for employees working for state agencies and funded by various federal public employment acts.
Sec. 2. After June 30, 1977, the unexpended balance of the funds appropriated by section 1 of this act shall not be committed for expenditure and shall revert to the state general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 463Committee on Environment and Public Resources
CHAPTER 439
AN ACT relating to wildlife management and propagation; providing certain exception to the fish hatchery invoice requirement.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 504.170 is hereby amended to read as follows:
504.170 Unless otherwise specified by commission regulation:
1. When the proprietor of any licensed fish hatchery sells or disposes of any fish as provided in this chapter, he shall, at the same time, attach thereto, or deliver to the purchaser or donee, an invoice signed by the proprietor or his agent, stating:
(a) The number of his license.
(b) The name of the hatchery.
(c) The date of disposition.
(d) The kind, and, as near as practicable, the weight and number of such fish.
(e) The name and address of the purchaser, consignee or donee.
2. The invoice does not authorize the transportation of live fish.
3. The proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver a duplicate of the invoice to the department at its principal place of business.
________
κ1975 Statutes of Nevada, Page 658κ
Senate Bill No. 462Committee on Environment and Public Resources
CHAPTER 440
AN ACT relating to hunting and fishing licenses, tags and permits; providing for a permanent licensing system; authorizing additional regulations; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.030 is hereby amended to read as follows:
502.030 1. Licenses granting the privilege to hunt, fish or trap [during the open season] as provided in this Title shall be of such form as is deemed necessary by the department, but must include the following information:
(a) The holders name, address and description.
(b) The date issued.
(c) The expiration date thereof.
(d) The correct designation as to whether a fishing, hunting or trapping license.
(e) A statement to be signed by the holder: I, the signator holder [of] in signing this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license. [and that I further agree to exhibit this license, upon demand, to any officer authorized to enforce the fish and game laws of this state and to abide by the laws made and provided for the protection of fish and game within the State of Nevada.]
2. The commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information shall be included on the license as is deemed necessary by the department.
3. The commission may provide rules and regulations establishing a permanent licensing system. Such system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses for residents and the issuance of annual licenses therefrom. The system may provide for the automatic renewal and validation of the annual license.
4. The commission may provide regulations covering the method of applying for, the term and expiration date of any license required by this Title to be issued without the payment of a fee.
________
κ1975 Statutes of Nevada, Page 659κ
Senate Bill No. 493Committee on Environment and Public Resources
CHAPTER 441
AN ACT making an appropriation from the general fund in the state treasury to the Nevada department of fish and game for the purpose of helping to finance the costs of the annual conference of the International Association of Game and Fish Commissioners to be held in Las Vegas, Nevada, September 812, 1975.
[Approved May 14, 1975]
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 Nevada department of fish and game the sum of $6,500 for the purpose of helping to finance the costs of the annual conference of the International Association of Game and Fish Commissioners to be held in Las Vegas, Nevada.
Sec. 2. After December 31, 1975, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
________
Senate Bill No. 469Committee on Government Affairs
CHAPTER 442
AN ACT making an appropriation from the general fund in the state treasury to the channel clearance, surveying and monumenting fund created by NRS 532.220 and administered by the state engineer.
[Approved May 14, 1975]
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 channel clearance, surveying and monumenting fund in the state treasury the sum of $25,000 to be distributed by the state engineer as provided in NRS 532.220.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 660κ
Senate Bill No. 489Committee on Finance
CHAPTER 443
AN ACT relating to the legislative counsel bureau, providing that the legislative commission shall set the price to be charged for Nevada Reports; and making an appropriation to the legislative counsel bureau for the cost of reproduction of Nevada Reports.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 345.050 is hereby amended to read as follows:
345.050 1. The director of the legislative counsel bureau is authorized to sell the following publications:
(a) Nevada Reports.
(b) Statutes of Nevada.
(c) Compilation of laws:
(1) Compiled Laws of Nevada (18611873), by Bonnifield and Healy (two volumes).
(2) General Statutes Nevada 1885 (18611885), by Baily & Hammond.
(3) Compiled Laws of Nevada 18611900, by Cutting.
(4) Revised Laws of Nevada 1912, Volumes I and II (two volumes).
(5) Revised Laws of Nevada 1919, Volume III.
(6) Nevada Revised Statutes, including replacement and supplementary pages.
(d) Miscellaneous publications:
(1) Nevada Constitutional Debates & Proceedings 1864.
(2) Nevada and Sawyers Digest 1878.
(3) Nevada Digest Annotated (1912), by Patrick.
(4) Annotations to Nevada Revised Statutes and the Nevada Digest, including replacement and supplementary pages.
(5) Journals of the assembly or senate.
(6) Appendices to journals of senate and assembly.
2. Prices for the publications enumerated in subsection 1 shall be set by [:
(a) The clerk of the supreme court, with the approval of the supreme court, for volumes of Nevada Reports.
(b) The legislative commission for all other publications.] the legislative commission.
3. No volume shall be sold or delivered until the purchase price therefor is first received.
4. Moneys for the sale of [publications for which the price is set by:
(a) The supreme court clerk shall be deposited in the general fund in the state treasury.
(b) The legislative commission shall be deposited in the legislative fund in the state treasury.] Nevada Reports shall be deposited in the general fund in the state treasury. Moneys for the sale of all other publications enumerated in subsection 1 shall be deposited in the legislative fund in the state treasury.
κ1975 Statutes of Nevada, Page 661 (CHAPTER 443, SB 489)κ
Sec. 2. There is hereby appropriated from the general fund in the state treasury for the support of the legislative counsel bureau, for the cost of reproduction of Nevada Reports pursuant to NRS 345.025, the sum of $54,000.
________
Senate Bill No. 470Committee on Government Affairs
CHAPTER 444
AN ACT giving assistance to counties for the development of computer assisted appraisal systems; creating a county computer assisted appraisal system assistance fund in the state treasury and specifying the conditions for grants therefrom; making appropriations from the general fund in the state treasury to the equalization county matching fund and the county computer assisted appraisal system assistance fund; and providing other matters properly relating thereto.
[Approved May 14, 1975]
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. There is hereby created in the state treasury a county computer assisted appraisal system assistance fund to be administered by the department. The fund is a continuing fund to be used to aid counties in the development of computer assisted appraisal systems.
2. A county may apply to the department for one or more grants from the county computer assisted appraisal system assistance fund if such county has been directed by the department to develop a plan designed and intended to achieve an assessment ratio of 35 percent of full cash value and such a county plan incorporating a computer assisted appraisal system has been approved by the department.
3. Upon receipt of an application by a county for a grant from the county computer assisted appraisal system assistance fund and receipt of evidence that the county has provided funds in its budget for the purpose of development of a computer assisted appraisal system the department, with the consent of the state board of examiners, may make the grant under such terms and conditions as the department deems advisable and necessary and insofar as it is possible to do so within funds appropriated for this purpose.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the equalization county matching fund created pursuant to NRS 360.190 for the period ending June 30, 1975, the sum of $106,364.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the county computer assisted appraisal system assistance fund:
1. For the fiscal year ending June 30, 1976, the sum of $90,794.
2. For the fiscal year ending June 30, 1977, the sum of $84,312.
Sec. 4. Sections 2 and 4 of this act shall become effective upon passage and approval of this act. Sections 1 and 3 of this act shall become effective on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 662κ
Senate Bill No. 424Committee on Environment and Public Resources
CHAPTER 445
AN ACT relating to subdivision and condominium maps and plans; requiring certification by the division of water resources as to water quantity for all subdivisions and condominiums; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 116.040 is hereby amended to read as follows:
116.040 1. The map or plat shall be certified by the surveyor making the same, which certificate shall be substantially as follows:
I, ...........................(surveyors name), do hereby certify that this plat is a true and accurate map of the land surveyed by me and laid out into blocks, lots, streets, alleys and public places at the instance of ..........................(give name of owner or trustee); that the location of the blocks, lots, streets, alleys and public places has been definitely established and perpetuated in strict accordance with the law and as shown hereon; that the blocks, lots and public places shown hereon are situate wholly within .................(give description by metes and bounds or by legal subdivision); that the survey was completed on the .......... day of ......................(give date).
2. The map or plat shall:
(a) Be acknowledged by the owner or owners, or trustee, before some officer authorized by law to take the acknowledgment of conveyances of real property; and
(b) 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
(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
(e) Be approved by the health division of the department of human resources concerning sewage disposal, water pollution, water quality [and, subject to review by the state engineer, water quantity.] and water supply facilities; and
(f) Be approved by the division of water resources of the state department of conservation and natural resources concerning water quantity.
3. A copy of the [review of the state engineer] approval by the division of water resources required by [subsection 2(e)] paragraph (f) of subsection 2 shall be furnished to the subdivider who in turn shall provide a copy of such [Rev. 2/28/2019 12:04:07 PM]
κ1975 Statutes of Nevada, Page 663 (CHAPTER 445, SB 424)κ
division of water resources required by [subsection 2(e)] paragraph (f) of subsection 2 shall be furnished to the subdivider who in turn shall provide a copy of such [review] approval to each purchaser of land in the subdivision prior to the time the sale is completed. No statement of approval [or review] as required in [subsection 2(e)] paragraphs (e) and (f) of subsection 2 is a warranty or representation in favor of any person as to the safety or quantity of such water.
4. 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.
5. 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 117.027 is hereby amended to read as follows:
117.027 At the time any condominium map or plan is presented to the county recorder for recording the following certificates shall be presented to be recorded immediately prior to such map or plan:
1. A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign such map or plan.
2. A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
3. A certificate from: [the]
(a) The health division of the department of human resources showing that the health division has approved the map or plan concerning sewage disposal, water pollution, water quality [and, subject to review by the state engineer, water quantity.] and water supply facilities.
(b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.
4. A copy of the [review of the state engineer] certificate from the division of water resources required by subsection 3 shall be furnished to the condominium subdivider who in turn shall provide a copy of such [review] certificate to each purchaser of a condominium unit prior to the time the sale is completed. No statement of approval [or review] as required in subsection 3 is a warranty or representation in favor of any person as to the safety or quantity of such water.
Sec. 3. 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.
κ1975 Statutes of Nevada, Page 664 (CHAPTER 445, SB 424)κ
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. 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.
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 and that the monuments as shown are of the character and occupy the positions indicated or that the monuments have not been set and that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.
κ1975 Statutes of Nevada, Page 665 (CHAPTER 445, SB 424)κ
map have been complied with, and that he is satisfied that the map is technically correct and that the monuments as shown are of the character and occupy the positions indicated or that the monuments have not been set and that a proper performance bond has been deposited guaranteeing their setting on or before a day certain. The certificate shall be dated and signed by the county surveyor or city surveyor, or by an authorized deputy.
7. A certificate by: [the]
(a) The health division of the department of human resources showing that the health division approved the final map concerning sewage disposal, water pollution, water quality [and, subject to review by the state engineer, water quantity.] and water supply facilities.
(b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.
8. A copy of the [review of the state engineer] certificate by the division of water resources required by subsection 7 shall be furnished to the subdivider who in turn shall provide a copy of such [review] certificate to each purchaser of land prior to the time the sale is completed. No statement of approval [or review] as required in subsection 7 is a warranty or representation in favor of any person as to the safety or quantity of such water.
________
Senate Bill No. 363Committee on Transportation
CHAPTER 446
AN ACT relating to highways; authorizing the direct conveyance to the state of interests in land held by towns, cities and counties when necessary for highway purposes; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.990 is hereby amended to read as follows:
408.990 1. When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the department may require such towns and cities to acquire, through their governing bodies, and such towns and cities shall acquire in the name of the state, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the department in the same manner as if the property were being acquired by the state.
2. The cost of [the same may be participated in] acquisition may be shared by such town or city and the department or may be paid for wholly by such town or city in accordance with agreements which shall first be entered into between the governing body of such city or town and the department.
κ1975 Statutes of Nevada, Page 666 (CHAPTER 446, SB 363)κ
3. With respect to real property, interests therein or improvements thereon held in the name of towns and cities, the local governing body may, by conveyance in the nature of quitclaim, transfer such interest to the state in accordance with agreements which shall first be entered into between such governing bodies and the department.
Sec. 2. NRS 408.995 is hereby amended to read as follows:
408.995 1. When highways are constructed, reconstructed or improved by the state in accordance with this chapter outside of the limits of any unincorporated town or incorporated city, the department may require the boards of county commissioners of the counties in which the highways are located to acquire, and such boards shall acquire in the name of the state, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the department in the same manner as if the property were being acquired by the state.
2. The cost of [the same may be participated in] acquisition may be shared by such counties and the department or may be paid for wholly by such counties in accordance with agreements which shall first be entered into between the boards of county commissioners of the counties in which the highways are located and the department.
3. With respect to real property, interests therein or improvements thereon held in the name of counties, the boards of county commissioners may, by conveyance in the nature of quitclaim, transfer such interest to the state in accordance with agreements which shall first be entered into between such boards and the department.
________
Senate Bill No. 528Senator Young
CHAPTER 447
AN ACT directing the state land register to convey certain real property situated in Washoe County to the City of Reno, Nevada; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other law, the state land register on behalf of the State of Nevada and any of its boards, commissions and agencies, shall convey to the City of Reno, Nevada, upon satisfaction of the condition prescribed in section 2, of this act, that certain real property owned by the State of Nevada and situated in the County of Washoe, State of Nevada, and described as follows:
PARCEL NO. 1
A portion of Lot 1 of the NW 1/4 of Section 7, T. 19 N., R. 20 E., M.D.B. & M., in Washoe County, Nevada, more particularly described as follows:
κ1975 Statutes of Nevada, Page 667 (CHAPTER 447, SB 528)κ
Beginning at the point of intersection of the southeasterly right of way line of Kietzke Lane with the westerly right of way line of the North-South Freeway, designated as U. S. Highway No. 395; thence southeasterly along the westerly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, to the point of intersection of said westerly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, with the northerly low water mark of the Truckee River; thence westerly along the northerly low water mark of the Truckee River to the point of intersection of said northerly low water mark of the Truckee River with the southeasterly right of way line of Kietzke Lane; thence northeasterly along the southeasterly right of way line of Kietzke Lane to the true point of beginning, and containing 0.138 acres, more or less; said described parcel of land being a somewhat triangular parcel bounded northwesterly by Kietzke Lane, northeasterly by the North-South Freeway, designated as U. S. Highway No. 395, and southerly by the northerly low water mark of the Truckee River.
PARCEL NO. 2
A portion of Lots I and II of the NW 1/4 of Section 7, T. 19 N., R. 20 E., M.D.B. & M., in Washoe County, Nevada, more particularly described as follows:
Beginning at the point of intersection of the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, with the southerly right of way line of Kietzke Lane; thence along the several courses of the southerly right of way line of Kietzke Lane to the point of intersection of the said southerly right of way line of Kietzke Lane with the North-South centerline of said Section 7, T. 19 N., R. 20 E., M.D.B. & M.; thence southerly along the North-South centerline of Section 7, T. 19 N., R. 20 E., M.D.B. & M., to its point of intersection with the northerly low water mark of the Truckee River; thence northwesterly and westerly along the northerly low water mark of the Truckee River to its point of intersection with the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395; thence northerly along the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, to the true point of beginning; excepting and reserving from said described parcel of land all that portion of land as described in Document No. 178550 and recorded in Book 245 of Deeds at page 53 et seq., Washoe County, Nevada, records, as is presently enclosed by a fence and occupied by the Nevada Department of Agriculture; which described parcel of land is bounded southerly by the low water mark of the Truckee River, westerly by the easterly right of way line of the North-South Freeway, designated as U. S. Highway No. 395, northerly by the southerly right of way line of Kietzke Lane, northeasterly by lands occupied by Nevada Department of Agriculture and easterly by the North-South centerline of Section 7, T. 19 N., R. 20 E., M.D.B. & M., containing 5.4 acres, more or less.
κ1975 Statutes of Nevada, Page 668 (CHAPTER 447, SB 528)κ
Sec. 2. The real property described in section 1 of this act shall be conveyed by the state land register upon receipt of a record of survey of Parcel 2 from the City of Reno, Nevada.
________
Assembly Bill No. 680Assemblymen Mello, Weise, Dini, Heaney, Bremner, Glover, Barengo, Howard, Murphy, Demers, Jacobsen, Robinson, Wittenberg, Dreyer, Christensen, Getto, Moody, Wagner, Brookman, Mann, Lowman, Coulter, Benkovich and Polish
CHAPTER 448
AN ACT relating to the University of Nevada; making an appropriation toward the restoration of Morrill Hall; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the conditions prescribed in section 2 of this act, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public works board for the purpose of preparing plans and contributing to the work of restoration of Morrill Hall on the Reno campus of the University of Nevada. Such preparation and work shall be done in cooperation with the executive committee of the University of Nevada Alumni Association, Inc., for the purposes set forth in paragraphs (2) and (4) of Resolution No. 737 of the board of regents of the University of Nevada.
Sec. 2. This appropriation is conditioned upon the raising from other sources of an amount sufficient, together with this appropriation, to total $500,000. When the Morrill Hall Trust Committee of the University of Nevada Alumni Association, Inc., certifies to the state board of examiners that it has:
1. On deposit or invested in liquid negotiable securities; and
2. Available with certainty as matching funds from the Federal Government or any other source, after the making of this appropriation,
a combined total of $450,000, the state board of examiners shall direct the controller to make this appropriation available to the state public works board.
Sec. 3. If this appropriation is not so made available on or before July 1, 1977, or if any part of it is not required for the purposes stated, the appropriation or part not required shall revert to the general fund in the state treasury on July 1, 1977, or completion of the work, as the case may be.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 669κ
Assembly Bill No. 523Assemblymen Brookman, Mello, Murphy, Mann, Jeffrey, Polish, Price, Banner, Barengo, Robinson, Benkovich, Ashworth, Coulter, Dini, Glover, Vergiels, May, Wittenberg, Weise, Schofield, Sena, Chaney, Craddock, Howard, Heaney, Young, Demers, Wagner, Bremner and Dreyer
CHAPTER 449
AN ACT creating a state energy resources advisory board; providing for appointment of members from specified areas of interest; requiring a report on the status of energy in Nevada; making an appropriation; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 46 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. 1. There is hereby created a state energy resources advisory board.
2. Except for seven of the members first appointed, members of the board shall be appointed by the governor for terms of 2 years. Vacancies occurring on the board shall be filled by the governor to complete the unexpired portion of the term and members shall be appointed in the same manner as the original appointment.
3. Of the members so appointed, one member shall be designated as chairman by the governor and shall serve in that capacity at the pleasure of the governor.
Sec. 3. The state energy resources advisory board shall consist of 15 members who shall be appointed as follows:
1. One member from the petroleum industry.
2. One member from the public service commission of Nevada.
3. One member from an energy distributing utility in the State of Nevada.
4. One member from an energy consuming utility in the State of Nevada.
5. One member from the hotel and resort industry.
6. One member from the agriculture industry.
7. One member from the consuming public.
8. One member from the mining industry.
9. One member from a labor organization.
10. Two members from municipal government.
11. Four members from the general public.
Sec. 4. 1. The board shall meet at least once in every 2 months.
2. Eight members of the board constitute a quorum.
3. Members of the board shall receive:
(a) No compensation for their service;
(b) The subsistence allowance and travel expenses provided by law.
Claims shall be approved by the chairman and paid from funds provided by legislative appropriation as other claims against the state are paid.
Sec. 5. The board may adopt regulations, pursuant to chapter 233B of NRS, for the orderly transaction of its business.
κ1975 Statutes of Nevada, Page 670 (CHAPTER 449, AB 523)κ
Sec. 6. The board may accept gifts or grants from any source, and expend moneys so received or otherwise available to contract with qualified persons or institutions for research in the production and efficient use of energy.
Sec. 7. The board may appoint any classified, technical, clerical and operational personnel necessary to carry out its functions within the limits of legislative appropriations.
Sec. 8. The board shall:
1. Recommend a state energy policy;
2. Recommend appropriate legislation and regulations to promote the conservation, economic utilization, production and distribution of energy resources and supplies;
3. Recommend appropriate steps to alleviate and resolve short-term energy imbalances;
4. Recommend long-range comprehensive plans for energy utilization to improve the efficiency of energy production and to reduce the negative environmental impacts of such measures; and
5. Establish appropriate liaison with other state agencies, interested persons and groups and the Federal Government as may be necessary to the boards responsibilities and duties.
Sec. 9. The board shall serve in an advisory capacity to:
1. The governor; and
2. Any agency, bureau, board, commission, department or division which is engaged in energy management, planning utilization and distribution.
Sec. 10. The board shall prepare a report concerning the status of energy in the State of Nevada and submit it to:
1. The governor on or before January 30 of each year; and
2. The legislature on or before January 30 of each odd-numbered year.
Sec. 11. 1. Members of the first state energy resources advisory board appointed pursuant to section 2 of this act shall be appointed for the following terms:
(a) Seven members shall be appointed to terms ending June 30, 1976.
(b) Seven members shall be appointed to terms ending June 30, 1977.
2. The first chairman appointed by the governor shall serve a term ending June 30, 1977.
3. Upon the expiration of the terms as provided in subsections 1 and 2, all appointments thereafter made by the governor shall be for terms of 2 years.
4. Any member of the Nevada State Energy Resources Advisory Board which was created by executive order on July 12, 1973, who represents a category listed in section 3 of this act may be appointed to the board.
Sec. 12. There is hereby appropriated from the general fund in the state treasury to the state energy resources advisory board for the purpose of accomplishing the provisions set forth in sections 2 to 9, inclusive, of this act:
1. For the fiscal year ending June 30, 1976, the sum of $25,000.
2. For the fiscal year ending June 30, 1977, the sum of $25,000.
________
κ1975 Statutes of Nevada, Page 671κ
Assembly Bill No. 500 — Committee on Ways and Means
CHAPTER 450
AN ACT relating to the public service commission of Nevada; creating an energy management division; providing that the chairman is in charge of the division; establishing duties; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 703 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context requires otherwise:
1. Chairman means the chairman of the public service commission of Nevada.
2. Division means the energy management division within the public service commission of Nevada.
Sec. 3. 1. There is hereby created an energy management division within the public service commission of Nevada.
2. The chairman is the administrative officer of the division and shall perform all acts necessary to further the provisions of sections 2 to 7, inclusive, of this act.
3. The chairman may designate a representative to aid him in the performance of his duties.
Sec. 4. The chairman, acting through the division, may:
1. Prepare, subject to the approval of the governor, petroleum allocation and rationing plans for possible energy contingencies. The plans shall be carried out only by executive order by the governor.
2. Cooperate, through the commissions member on the state energy resources advisory board, in coordinating energy programs and activities within the state.
Sec. 5. The chairman, acting through the division, may:
1. Analyze and evaluative present and prospective energy demand and supply alternatives within the state;
2. Develop and carry out projects and programs to encourage maximum utilization of existing energy resources in the private and public sectors of this state;
3. Encourage development of existing and alternate energy resources that will benefit the state;
4. Carry out and administer any federal programs that authorize state participation in fuel allocation programs;
5. Coordinate the energy activities of appropriate state agencies; and
6. Serve as a central depository for the state government to collect and store any data and information relating to energy and related subjects.
Sec. 6. The chairman, acting through the division, shall:
1. Adopt regulations pursuant to chapter 233B of NRS.
2. Prepare any reports necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
κ1975 Statutes of Nevada, Page 672 (CHAPTER 450, AB 500)κ
3. Prepare any reports requested by the governor or by the legislature.
Sec. 7. 1. The chairman, acting through the division, may receive and administer any gifts, grants or funds which are available from public or private sources.
2. Any funds so received shall be deposited with the state treasurer to the credit of the public service commission regulatory fund.
3. Except as limited by subsection 4, any moneys necessary for the purpose of carrying out the provisions of sections 2 to 7, inclusive, of this act, shall be paid from the fund as other claims against the state are paid.
4. No more than $75,000 may be expended in any fiscal year unless the interim finance committee concurs.
5. Moneys expended in carrying out the provisions of sections 2 to 7, inclusive, of this act, shall be reimbursed by funds available from the Federal Government or by legislative appropriations.
Sec. 8. NRS 704.039 is hereby amended to read as follows:
704.039 Moneys in the public service commission regulatory fund shall be used only to defray the costs of:
1. Maintaining a competent staff and equipment to regulate adequately all public utilities subject to the provisions of NRS 704.033 to 704.039, inclusive.
2. Participating in all rate cases involving such utilities.
3. Investigations, inspections, audits, reports and publication of notices in connection with such regulation and participation.
4. All salaries, travel expenses and subsistence allowances of commission members and staff.
5. Carrying out the provisions of chapter 706 of NRS [.] and sections 2 to 7, inclusive, of this act.
________
Assembly Bill No. 201Assemblymen Sena and Jeffrey
CHAPTER 451
AN ACT making an appropriation from the general fund in the state treasury to the department of human resources for the construction of a half-way house in Clark County.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the conditions provided in this act, there is hereby appropriated from the general fund in the state treasury to the department of human resources the sum of $100,000 for the construction of a half-way house in Clark County, Nevada, to be used by the county in the treatment of delinquent youths during the transition period between institutional care and return to the community.
Sec. 2. None of the money appropriated by this act may be expended or committed for expenditure until:
κ1975 Statutes of Nevada, Page 673 (CHAPTER 451, AB 201)κ
1. The appropriate local authority in Clark County has presented to the interim finance committee, on or before August 1, 1975, a detailed plan and cost estimate for the location and construction of the half-way house; and
2. The interim finance committee has reviewed and approved the plan.
Such approval shall not be granted unless the Clark County commissioners demonstrate to the satisfaction of the interim finance committee that any excess of the total cost of planning and construction over $100,000 will be paid from local sources in Clark County and the structure completed as planned.
Sec. 3. The appropriate local authority in Clark County shall be reimbursed for the cost of planning and engineering the half-way house only:
1. If in fact the interim finance committee approves the plan; and
2. To the extent, if any, that such reimbursement is possible after construction costs have been paid from the appropriation.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 47Committee on Judiciary
CHAPTER 452
AN ACT relating to gaming licensing and control; adding and clarifying definitions; clarifying application procedures, certain license, fee, and tax matters, and procedures regarding publicly traded corporations; clarifying and expanding certain powers of the gaming control board and commission; providing penalties; and providing other matters properly relating thereto.
[Approved May 14, 1975]
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:
Sports pool means the business of accepting wagers on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering.
Sec. 2. NRS 463.0101 is hereby amended to read as follows:
463.0101 As used in this chapter, the words and terms defined in NRS 463.0102 to 463.0128, inclusive, and section 1 of this act, have the meanings ascribed to them in [NRS 463.0102 to 463.0128, inclusive,] such sections unless a different meaning clearly appears in the context.
Sec. 3. NRS 463.0102 is hereby amended to read as follows:
463.0102 Applicant means any person who has applied for or is about to apply for a state gaming license, [or a] manufacturers [or] license, distributors license, registration or finding of suitability under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS [.]
κ1975 Statutes of Nevada, Page 674 (CHAPTER 452, SB 47)κ
provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS [.] , or approval of any act or transaction for which commission approval is required or permitted under the provisions of this chapter or chapter 464 of NRS.
Sec. 4. NRS 463.0103 is hereby amended to read as follows:
463.0103 Application means a request for the issuance of a state gaming license, [or a] manufacturers, sellers or distributors license, registration or finding of suitability under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS [.] or for approval of any act or transaction for which commission approval is required or permitted under the provisions of this chapter or chapter 464 of NRS.
Sec. 5. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses shall be administered by the state gaming control board and the Nevada gaming commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board shall investigate the qualifications of each applicant [for licenses] under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permitted is granted and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to the end that licenses shall not be issued to nor held by nor shall there by any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or [for] in unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application, [for license,] or the limitation, conditioning or restriction of [such license] any license, registration, finding of suitability or approval, or the suspension or revocation of any license, registration, finding or suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the board. The commission shall have full and absolute power and authority to deny any application [for license,] or to limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or to fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the commission.
3. The board and the commission and their agents, inspectors and employees have the authority:
(a) To inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) To inspect all equipment and supplies in, upon or about such premises.
(c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.
κ1975 Statutes of Nevada, Page 675 (CHAPTER 452, SB 47)κ
(d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.
4. For the purpose of the administration of chapters 463, 464 and 465 of NRS, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission shall be invested with the powers of a peace officer of the State of Nevada. The provisions of this subsection shall not constitute such individuals as police officers for the purposes of NRS 286.510.
5. The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who shall have full power and authority to administer oaths and receive evidence and testimony under oath.
Sec. 6. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,
without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city of town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
κ1975 Statutes of Nevada, Page 676 (CHAPTER 452, SB 47)κ
consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
4. It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which such person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
5. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
6. Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.
7. The provisions of subsections 2, 3 and 4 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.
(c) Which is a wholly owned subsidiary of:
(1) A corporation holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
8. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which such person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require such arrangement to be terminated.
9. If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with such licensee, the commission may, upon recommendation of the board, require the licensee to present the application of any business or person doing business on the premises for a determination of suitability to be associated with a gaming enterprise in accordance with the procedures set forth in this chapter.
κ1975 Statutes of Nevada, Page 677 (CHAPTER 452, SB 47)κ
licensee, the commission may, upon recommendation of the board, require the licensee to present the application of any business or person doing business on the premises for a determination of suitability to be associated with a gaming enterprise in accordance with the procedures set forth in this chapter. If the commission determines that such business or person is unsuitable to be associated with a gaming enterprise, such association shall be terminated. Any agreement which entitles a business other than gaming to be conducted on such premises is subject to termination upon a finding of unsuitability of the business or of any person associated therewith. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.
Sec. 7. NRS 463.200 is hereby amended to read as follows:
463.200 1. Application for a state gaming license or other commission action shall be made to the board on forms furnished by the board and in accordance with the regulations of the commission.
2. The application for a license shall include:
(a) The name of the proposed licensee.
(b) The location of his place or places of business.
(c) The gambling games, gaming device or slot machines to be operated.
(d) The names of all persons directly or indirectly interested in the business and the nature of such interest.
(e) Such other information and details as the board may require in order to discharge its duty properly.
3. The board shall furnish to the applicant supplemental forms, which the applicant shall complete and file with the application. Such supplemental forms shall require, but such not be limited to, complete information and details with respect to the applicants antecedents, habits, character, criminal record, business activities, financial affairs and business associates, covering at least a 10-year period immediately preceding the date of filing of the application.
Sec. 8. NRS 463.210 is hereby amended to read as follows:
463.210 1. Within a reasonable time after filing of an application and such supplemental information as the board may require, the board shall commence its investigation of the applicant and shall conduct such proceedings in accordance with applicable regulations as it may deem necessary.
2. The board shall make its order, either recommending approval or denial of an application, not longer than 90 days after the application and supporting data are completed and filed with the board. In the event denial of an application is recommended, the board shall prepare and file with the commission its written reasons upon which the order is based.
κ1975 Statutes of Nevada, Page 678 (CHAPTER 452, SB 47)κ
3. The board shall have full and absolute power and authority to recommend denial of any application [for a license] for any cause deemed reasonable by the board.
4. A recommendation of denial of an application shall be without prejudice to a new and different application if made in conformity to regulations applicable to such situations.
Sec. 9. NRS 463.220 is hereby amended to read as follows:
463.220 1. After final order approving an application, the board will present its recommendation to the commission at the next meeting of the commission.
2. The commission may, after considering the recommendation of the board, issue to the applicant or applicants named, as individuals, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit such license or place such conditions thereon as it may deem necessary in the public interest. The commission may, if satisfied of the necessity of such action, issue a probationary license. No state gaming license shall be assigned either in whole or in part.
3. The commission may limit or place such conditions as it may deem necessary in the public interest upon any registration, finding of suitability or approval for which application has been made.
4. After final order of the state gaming control board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the members present, grant the application for a license [.] , registration, finding of suitability or approval.
[4.] 5. If the commission is not satisfied that an applicant approved by the state gaming control board is qualified to be licensed hereunder, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
If the commission desires further investigation be made or to conduct such hearings, it shall, within 30 days after presentation of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission shall be taken within 120 days after the recommendation of the board has been presented to the commission. Failure of the commission to take action within such 120-day period shall be deemed to constitute approval of such applicant by the commission, and a license shall be issued forthwith upon compliance by the applicant with the provisions of subsection [6] 7 of this section.
[5.] 6. The commission shall have full and absolute power and authority to deny any application [for a license] for any cause deemed reasonable by such commission. In the event an application is denied, the commission shall prepare and file its written decision upon which its order denying such application is based.
κ1975 Statutes of Nevada, Page 679 (CHAPTER 452, SB 47)κ
[6.] 7. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission will issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
The commission shall fix the amount of the bond to be required under this subsection at no more than the total amount of license fees and taxes estimated to become due from the licensee prior to his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter.
The bond shall be furnished in cash or negotiable securities. If furnished in negotiable securities, the principal shall be placed without restriction at the disposal of the commission, but any income shall inure to the benefit of the licensee.
Sec. 10. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the commission and all state license fees and taxes required by law shall be paid to the commission on or before the dates respectively provided by law for each such fee [.] or tax.
4. Application for renewal of licenses for slot machines only shall be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000 where the fee is based on gross revenue and $800 in all other cases, which penalty shall be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
7. Any person who [shall operate, carry on, conduct or expose] operates, carries on or exposes for play any gambling game, gaming device or slot machine after his license [shall have] has become subject to renewal, and [shall] thereafter [fail] fails to apply for renewal as herein provided, [shall be] is guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees, taxes and penalties which would have been due and payable upon application for renewal as herein provided.
κ1975 Statutes of Nevada, Page 680 (CHAPTER 452, SB 47)κ
license fees, taxes and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 11. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall make such investigations:
(a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or rules and regulations.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.
(e) As directed by the commission.
2. If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which such approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review the same and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. After the provisions of subsections 1, 2 and 3 above have been complied with, the commission shall have full and absolute power and authority to:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, filing of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; [and
(c)] (d) Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual [,] ; and
κ1975 Statutes of Nevada, Page 681 (CHAPTER 452, SB 47)κ
(e) Fine the registrant, person or entity previously fund suitable, pari-mutuel licensee, or person or entity who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS, in an amount not to exceed $100,000 for the first violation by any entity other than an individual or in an amount not to exceed $50,000 for the first violation by any individual, and the commission may impose fines in any amount which it deems appropriate for subsequent violations,
for any cause deemed reasonable by the commission. All fines shall be paid to the state treasurer for deposit in the general fund. [in the state treasury.]
5. For the second violation of any provisions of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or individual.
6. [In the event] If the commission [shall limit, condition, suspend or revoke] limits, conditions, suspends or revokes any license or [impose a fine,] imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.
7. Any such limitation, condition, revocation, suspension or fine so made shall be and remain effective until reversed or modified upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.
Sec. 12. NRS 463.312 is hereby amended to read as follows:
463.312 1. The complaint referred to in NRS 463.310 and 464.080 shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It shall specify the statutes and regulations which the respondent is alleged to have violated, but shall not consist merely of charges raised in the language of the statutes or regulations.
2. Upon the filing of the complaint, the commission shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at his address on file with the commission.
3. The commission shall include with the copy of the complaint served upon respondent three copies of a form entitled Notice of Defense which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a Notice of Defense under subsection 5 hereof.
4. The notice of defense shall read substantially as follows:
Notice of Defense
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf.
κ1975 Statutes of Nevada, Page 682 (CHAPTER 452, SB 47)κ
be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?.............................................................................. □ □
2. Do you admit the facts stated in the complaint?.......................................... □ □
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?.......................................................................................................................... □ □
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaints?.................. □ □
If so, please specify:
(space for answer)
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.
5. Within 15 days after service upon him of the complaint, the respondent may file with the commission a notice of defense in which he may:
(a) Request a hearing;
(b) Admit the accusation in whole or in part;
(c) Present new matter or explanations by way of defense; and
(d) State any legal objections to the complaint.
Within the time specified respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices shall be filed within the period specified above unless the commission, in its discretion, authorizes the filing of a later notice.
6. The respondent shall be entitled to a hearing on the merits if he files a notice of defense within the time allowed by subsection 5, and any such notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed by subsection 5 shall constitute a waiver of respondents right to a hearing and to judicial review of any decision or order of the commission, but the commission, in its discretion, may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken as provided in paragraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.
7. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents notice of defense. The commission shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days prior to the hearing. Unless respondent consents, the hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense.
8. The notice of hearing shall be substantially in the following form, but may include other information:
κ1975 Statutes of Nevada, Page 683 (CHAPTER 452, SB 47)κ
You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the ............. day of ........................., 19 ......., at the hour of ......................., upon the charges made in the complaint served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.
9. Notwithstanding any other provisions of this section, the commission may issue an emergency order for suspension, limitation or conditioning of a license [or] , registration, finding of suitability, pari-mutuel license or prior approval, or may issue an emergency order requiring a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment in the following manner:
(a) An emergency order shall be issued only when the commission believes that:
(1) There has been a violation of NRS 465.083;
(2) Such action is necessary to prevent a violation of NRS 465.083; or
(3) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
(b) The emergency order shall set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
(c) An emergency order may be issued only with the approval of and upon signature by not less than three members of the commission.
(d) The emergency order shall be effective immediately upon issuance and service upon the licensee or resident agent of the licensee [.] or, in cases involving registrations, findings of suitability, pari-mutuel licenses or any prior approval, the emergency order shall become effective upon issuance and service upon the person or entity involved or resident agent of the entity involved. The emergency order may suspend, limit, condition or take other action in relation to the license of one or more individuals in an operation without affecting other individual licensees or the licensed gaming establishment. The emergency order shall remain effective until further order of the commission or final disposition of the case.
(e) Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the [licensee] person or entity involved in accordance with the provisions of subsections 1 to 4, inclusive, of this section.
(f) Thereafter, the [licensee] person or entity against whom the emergency order has been issued and served shall be entitled to a hearing before the commission in accordance with this section, and to judicial review of the decision and order of the commission thereon in accordance with NRS 463.315.
κ1975 Statutes of Nevada, Page 684 (CHAPTER 452, SB 47)κ
10. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day shall be entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses shall be paid by the party at whose request the witness is subpenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.
11. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
12. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use such affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) shall be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the .......... day of .............., 19 ........... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
.......................................................
(Party or Counsel)
.......................................................
(Address)
13. The following procedures shall apply at all hearings of the commission other than investigative hearings:
κ1975 Statutes of Nevada, Page 685 (CHAPTER 452, SB 47)κ
(a) At least three members of the commission shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
(b) The proceedings at the hearing shall be reported either stenographically or by a phonographic reporter.
(c) Oral evidence shall be taken only upon oath or affirmation administered by the commission.
(d) Every party to a hearing shall have the right:
(1) To call and examine witnesses;
(2) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(3) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) To impeach any witness regardless of which party first called him to testify; and
(5) To offer rebuttal evidence.
(e) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(f) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and shall be sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(g) The parties or their counsel may be written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
14. The commission may take official notice of any generally accepted information or technical or scientific matter with the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties shall be informed of any information, matters or facts so noticed, and shall be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
15. The commission may, in its discretion before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
16. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt.
κ1975 Statutes of Nevada, Page 686 (CHAPTER 452, SB 47)κ
for contempt. The court order and a copy of the statement of the commission shall be served on the person cited to appear. Thereafter the court shall have jurisdiction of the matter; and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself on the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
17. Failure of a respondent to file a notice of defense or to request or appear at the hearing shall constitute an admission of all matters and facts contained in the complaint filed with respect to such respondent. In such cases the commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices whatever to respondent. In such cases the commission shall prepare and file a record containing the evidence upon which its action was based.
18. After the hearing of a contested matter, the commission shall render a written decision on the merits which shall contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any; and shall thereafter make and enter its written order in conformity to such decision. No member of the commission who did not hear the evidence shall vote on the decision. The affirmative votes of a majority of the whole commission shall be required to impose any penalty. Copies of the decision and order shall be served on the parties personally or sent to them by registered or certified mail. The decision shall become and remain effective upon such service, unless the commission shall otherwise order.
19. The commission may, upon motion therefor made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion shall not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion shall be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence shall be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.
Sec. 13. NRS 463.335 is hereby amended to read as follows:
463.335 1. As used in this section:
(a) Gaming employee means any person connected directly with the operation of a nonrestricted establishment, and includes without limitation:
(1) Boxmen;
(2) Cashiers;
(3) [Dealer;] Dealers;
(4) Floormen;
(5) Hosts or other persons empowered to extend credit or complimentary services;
κ1975 Statutes of Nevada, Page 687 (CHAPTER 452, SB 47)κ
(6) Keno runners;
(7) Keno writers;
(8) Machine mechanics;
(9) Security personnel;
(10) Shift or pit bosses;
(11) Shills; and
(12) Supervisors or managers.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
(b) Nonrestricted establishment means any establishment except one in which slot machines only are operated incidentally to some other primary business of the licensee.
(c) Temporary work permit means a work permit which is valid only for a period not to exceed 30 days from its date of issue and is not renewable.
(d) Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee.
2. The legislature finds that, to protect and promote the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
3. No person may be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed; or
(b) If no work permit is required by either such county or such city, a work permit issued by the board.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom such application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 30 days after [the mailing or delivery] receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, such authority may in its discretion issue or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of place of employment.
5. If the board within the 30-day period notifies the county or city licensing authority that the board objects to the granting of a work permit to the applicant, such authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.
κ1975 Statutes of Nevada, Page 688 (CHAPTER 452, SB 47)κ
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application for a work permit has been denied by the board may apply to the board for a hearing. At such hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After such hearing the board shall review the testimony taken and any other evidence in its files, and shall within 30 days from the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. Such decision may be made upon any ground deemed reasonable by the board, and shall be conclusive unless reversed as provided in subsection 8.
8. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Such review shall be limited to the record, any testimony submitted and the files in the case. The commission may sustain or reverse the boards decision. The decision of the commission shall be [conclusive on all parties.] subject to judicial review pursuant to NRS 463.315.
9. All records acquired or compiled by the board or commission relating to any application made pursuant to this section are confidential and no part thereof may be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. All lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and shall not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency.
Sec. 14. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee as defined in NRS 463.335 is convicted of a violation of NRS 465.070 to 465.085, inclusive, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by such licensee has been guilty of cheating, the commission shall after a hearing as provided in NRS 463.310 and 463.312: [;]
(a) If such gaming employee holds a work permit issued by the board, revoke such work permit.
(b) If such gaming employee holds a work permit issued by a county or city licensing authority, notify such authority to revoke such permit, and the county or city licensing authority shall revoke such permit.
2. The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify such authority to revoke such permit, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 that the gaming employee has [,] failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued such work permit:
κ1975 Statutes of Nevada, Page 689 (CHAPTER 452, SB 47)κ
(a) Committed, attempted or conspired to do any of the acts prohibited by NRS 465.070 to 465.085, inclusive;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the board; [into the gaming employees qualifications or suitability to be involved in a gaming operation.]
(d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee; or
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling.
3. A work permit shall not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section.
4. A gaming employee whose work card has been revoked pursuant to this section is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
Sec. 15. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year.
2. Unless the licensee is operating under a [provisional] license [,] issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar quarter, on or before the last day of the first month of the calendar quarter for which the license is issued.
3. When a licensee is operating under a [provisional] license [, the] issued for less than a full calendar quarter, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that quarter, on or before the last day of the first month of the following calendar quarter of operation. The payment of the fee due for the first full calendar quarter of operation based on the gross revenue derived from gambling pursuant to this section shall be accompanied by the payment of a fee in like amount [.] for the next full calendar quarter. Thereafter, each quarterly license fee shall be paid in advance based on the gross revenue of the preceding quarter. Any deposit held by the commission on July 1, 1969, shall be treated as such advance payment.
κ1975 Statutes of Nevada, Page 690 (CHAPTER 452, SB 47)κ
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, shall be attributed to such owner for the purposes of this section and shall be counted as part of the gross revenue of the owner. The lessee shall be liable to the owner for his proportionate share of such license fees.
Sec. 16. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to any other state gaming license fee provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. 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, or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar year beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. If the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
κ1975 Statutes of Nevada, Page 691 (CHAPTER 452, SB 47)κ
be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. 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.
5. 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.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
Sec. 17. 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.
(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.
κ1975 Statutes of Nevada, Page 692 (CHAPTER 452, SB 47)κ
3. Except as provided in NRS 463.386, 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, or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, 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.
Sec. 18. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461, or other federal statute for the payment of a state tax. If no such credit is allowed, no tax is payable under this subsection.
2. The commission shall:
(a) Collect the tax annually [in advance, prior to] on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine.
(b) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund and the higher education capital construction fund, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in subsections 4 and 5.
4. During each fiscal year the state treasurer shall deposit the first $5 million of the tax paid over to him by the commission in the higher education capital construction fund. When requested by the board of regents of the University of Nevada, moneys in the higher education capital construction fund shall be transferred by the state controller and the state treasurer to the state public works board for the purpose only of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, construction includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Unless specifically directed by an act of the legislature concerning priorities of construction of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund.
κ1975 Statutes of Nevada, Page 693 (CHAPTER 452, SB 47)κ
of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund. Any moneys remaining in the higher education capital construction fund at the end of a fiscal year shall not revert to the general fund in the state treasury but shall remain in the higher education capital construction fund for authorized expenditure.
5. During each fiscal year the state treasurer shall deposit all moneys in excess of the first $5 million of the tax paid over to him by the commission in the state distributive school fund to be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
Sec. 19. NRS 463.386 is hereby amended to read as follows:
463.386 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.
3. If a corporate gaming licensee is merged with another corporation, at least 80 percent of which is owned by shareholders of the former corporate licensee, and which is thereafter licensed at the same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, and 463.383, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.
4. If a corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or subsidiary corporation of such parent corporations, 80 percent of which is owned by such parent corporation, is licensed at the same location within 30 days following the dissolution, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380 and 463.383, and for those purposes only, the gaming license of the dissolved corporate licensee shall be deemed to have been transferred to such parent corporation or subsidiary corporation of such parent corporation and the previously licensed operation shall be deemed to be a continuing operation under such other corporate license.
Sec. 20. NRS 463.387 is hereby amended to read as follows:
463.387 State gaming license fees or taxes erroneously collected may be refunded, upon the approval of the commission, as other claims against the state are paid.
Sec. 21. NRS 463.487 is hereby amended to read as follows:
463.487 Publicly traded corporation means any corporation [which has an equity security:
1. Listed for trading on either the New York Stock Exchange or American Stock Exchange; or
κ1975 Statutes of Nevada, Page 694 (CHAPTER 452, SB 47)κ
2. Subject to registration under section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 781).] or other legal entity except a natural person which:
1. Has one or more classes of securities registered pursuant to section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 781); or
2. Is an issuer subject to section 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 781).
Sec. 22. NRS 463.489 is hereby amended to read as follows:
463.489 1. The policy of the State of Nevada with respect to the issuance of state gaming licenses to corporations is:
(a) To broaden the opportunity for investment in gaming through the pooling of capital in corporate form.
(b) To maintain effective control over the conduct of gaming by corporate licensees.
(c) To restrain any speculative promotion of the stock or other securities of gaming enterprises.
2. The commission may waive, either selectively or by general regulation, one or more of the requirements of NRS 463.482 to 463.641, inclusive, if it makes a written finding that such waiver is consistent with the state policy set forth in NRS 463.130 and this section.
Sec. 23. NRS 463.500 is hereby amended to read as follows:
463.500 1. No Nevada corporation is eligible to receive a state gaming license unless the conduct of gaming is among the purposes stated in its articles of incorporation, and no foreign corporation is eligible to receive a state gaming license unless it qualifies to do business in the State of Nevada.
2. The secretary of state shall not accept for filing any articles of incorporation of any Nevada corporation which include as a stated purpose the conduct of gaming, or any amendment thereto or any amendment which adds such purpose to articles of incorporation already filed, unless such articles or amendment have been approved by the commission.
[3. In addition to any other requirement provided by law, no public offering of any security of any Nevada corporation whose articles of incorporation include as a stated purpose the conduct of gaming may be made unless such public offering has been approved by the commission.
4. As used in this section, public offering means any sale or offer to sell which is communicated to five or more persons, but the commission may by regulation classify public offerings as to the procedure for approval.]
Sec. 24. NRS 463.605 is hereby amended to read as follows:
463.605 If the corporation applying for or holding a license is or becomes a subsidiary, each holding company and intermediary company shall furnish the board the following information:
1. The organization, financial structure and nature of the business it operates.
2. The terms, position, rights and privileges of the different classes of securities outstanding.
3. The terms on which its securities are to be, and during the preceding 3 years have been, offered to the public or otherwise.
κ1975 Statutes of Nevada, Page 695 (CHAPTER 452, SB 47)κ
4. The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device pertaining to the corporate gaming licensee.
5. The extent of the security holding or other interest in the holding company or intermediary company of all officers, employees, directors, underwriters, partners, principals, trustees or any direct or beneficial owner, and any remuneration as compensation for their services, in the form of salary, wages, fees, or by contract, pertaining to the corporate gaming licensee.
6. Remuneration to others than directors and officers exceeding [$30,000] $40,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing or to be created in respect of their securities or other interests.
10. Balance sheets, certified by independent certified public accountants, for not more than the 3 preceding fiscal years, or, if the holding company or intermediary company has not been in existence more than 3 years, balance sheets from the time of its establishment.
11. Profit and loss statements, certified by independent certified public accountants, for not more than the 3 preceding fiscal years, or, if the holding company or intermediary company has not been in existence more than 2 years, profit and loss statements from the time of its establishment.
12. Any further financial statements which the board may deem necessary or appropriate for the protection of the State of Nevada, licensed gambling, or both.
13. An annual profit and loss statement and an annual balance sheet, and a copy of its annual federal income tax return, within 30 days after such return is filed with the Federal Government.
Sec. 25. NRS 463.635 is hereby amended to read as follows:
463.635 1. If a corporation applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, such publicly traded corporation must:
(a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in the State of Nevada, and which shall:
(1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
(b) Register with the commission and provide the following information to the board:
(1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
κ1975 Statutes of Nevada, Page 696 (CHAPTER 452, SB 47)κ
and the names, addresses and number of shares held of record by holders of its equity securities.
(2) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the corporate gaming licensee.
(5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.
(6) Remuneration exceeding [$30,000] $40,000 per annum to persons other than directors and officers who are actively and directly engaged in administration or supervision of the gaming activities of the corporate gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate gaming licensee.
(8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate gaming licensee.
(9) Options existing or from time to time created in respect of its equity securities.
(10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(11) Profit and loss statements, certified by independent certified public accountants, for at least 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.
2. If the publicly traded corporation is a foreign corporation, it must also qualify to do business in the State of Nevada.
κ1975 Statutes of Nevada, Page 697 (CHAPTER 452, SB 47)κ
3. The commission may, at any time and from time to time, by general regulation or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.641, inclusive.
Sec. 26. NRS 465.010 is hereby amended to read as follows:
465.010 1. It [shall be] is unlawful for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, in the State of Nevada, to deal, operate, carry on, conduct, maintain or expose for play, without having first secured a license for the same as [provided for] required by law:
(a) Any game of faro, monte, roulette, keno, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker, or any banking or percentage game played with cards, dice, or any mechanical device or machine, for money, property, checks, credit or any representative of value.
(b) Any gambling game in which any person, firm, association or corporation keeping, conducting, managing, or permitting the same to be carried on, receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the game to be carried on.
2. It [shall be] is unlawful for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, in the State of Nevada, to play, maintain or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first secured a license for the same as [provided for] required by law.
3. It [shall be] is unlawful for any person, firm, association or corporation, either as owner, lessee or employee, whether for hire or not, in the State of Nevada, to receive bets or wagers on any horse race held without the State of Nevada, without having first procured a license for the same as [provided] required by law, in the amount of $50 per month. The receiving of bets or wagers on horse races held without the State of Nevada [shall be deemed to be] is a gambling game within the meaning of this section.
4. It is unlawful for any person, firm, association or corporation, either as an owner, lessee or employee, whether for hire or not, in the State of Nevada, to receive bets or wagers on any sporting event without having first procured a license for the same as required by law.
5. Nothing in this section shall be construed as permitting or authorizing any person or corporation to disseminate news of [and] or concerning horse racing beyond the limits of the State of Nevada.
[5.] 6. Any person, firm, association or corporation violating any of the provisions of this section [shall be] is guilty of a gross misdemeanor.
Sec. 27. NRS 465.085 is hereby amended to read as follows:
465.085 1. It is unlawful to manufacture or sell:
κ1975 Statutes of Nevada, Page 698 (CHAPTER 452, SB 47)κ
(a) Any cheating or thieving game or device;
(b) Any game or games played with cards, dice or any mechanical device; [or]
(c) Any combination of such games or devices [,] ; or
(d) Any bogus or counterfeit chip,
which may have in any manner been marked or tampered with to deceive the public.
2. Any violation of the provisions of this section is a gross misdemeanor.
Sec. 28. The provisions added by this amendatory act to NRS 463.160 apply to the termination, without liability on the part of the licensee, of any such agreement made or renewed on or after July 1, 1975. If the commission determines that any business or person whose rights are established by such an agreement made prior to that date is unsuitable to be associated with a gaming enterprise, it may impose upon the licensee any sanction provided or authorized by law.
________
Assembly Bill No. 120Committee on Transportation
CHAPTER 453
AN ACT relating to registration of vehicles; changing the letter and number systems used on certain license plates; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and:
(a) If issued for a calendar year, such year.
(b) If issued for a registration period other than a calendar year, the month and year such registration expires.
κ1975 Statutes of Nevada, Page 699 (CHAPTER 453, AB 120)κ
4. The registration numbers assigned to passenger cars shall be coded for Carson City and the several counties and consecutively numbered. The code letters shall be at the left of the number plate, as follows:
Carson City, OR or ORA to ORZ, inclusive, and when exhausted OAA to OZZ, inclusive, except the series ORA to ORZ;
Churchill, CH or CHA to CHZ, inclusive, and when exhausted FAA to FZZ, inclusive;
Clark, C or CA to CZ, inclusive, or CAA to CZZ, inclusive;
Douglas, DS or DSA to DSZ, inclusive [;] , and when exhausted DAA to DZZ, inclusive;
Elko, EL or ELA to ELZ, inclusive, and when exhausted EAA to EZZ, inclusive, except the respective series ELA to ELZ, ESA to ESZ and EUA to EUZ;
Esmeralda, ES or ESA to ESZ, inclusive;
Eureka, EU or EUA to EUZ, inclusive;
Humboldt, HU or HUA to HUZ, inclusive;
Lander, LA or LAA to LAZ, inclusive;
Lincoln, LN or LNA to LNZ, inclusive;
Lyon, LY or LYA to LYZ, inclusive [;] , and when exhausted LBB to LZZ, inclusive;
Mineral, MN or MNA to MNZ, inclusive [;] , and when exhausted MAA to MZZ, inclusive;
Nye, NY or NYA to NYZ, inclusive, and when exhausted NAA to NZZ, inclusive, except the series NYA to NYZ;
Pershing, PE or PEA to PEZ, inclusive [;] , and when exhausted PAA to PZZ, inclusive;
Storey, ST or STA to STZ, inclusive;
Washoe, W or WAA to WZZ, inclusive; and
White Pine, WP or WPA to WPZ, inclusive, and when exhausted ZAA to ZZZ, inclusive.
Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles and motorcycles, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for Carson City and each county as the need may be. The letters H, I, O, P, Q and U shall not be used as the second letter in Clark and Washoe counties.
5. The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.
6. No number plates may contain more than six letters and numbers in combination.
7. All letters and numbers shall be of the same size.
8. The director may omit letters added to a single- or double-letter county code when appropriate to avoid misleading or offensive combinations.
Sec. 2. NRS 482.272 is hereby amended to read as follows:
482.272 1. Each license plate for a motorcycle shall contain five numbers and no letters. Only one plate shall be issued for a motorcycle.
κ1975 Statutes of Nevada, Page 700 (CHAPTER 453, AB 120)κ
2. Motorcycle license plates shall be issued in consecutive numerical order for statewide distribution.
3. In the event the department exhausts the license plate code of subsection 1, the department may substitute letters in combination with numbers to expand the code for motorcycle license plates.
Sec. 3. NRS 482.273 is hereby amended to read as follows:
482.273 The director shall order the preparation of vehicle license plates for trucks in the same manner as provided for passenger cars in NRS 482.270.
2. The registration numbers assigned to trucks, after January 1, 1970, shall be coded for Carson City and the several counties and consecutively numbered. The code letters and numbers assigned shall be as follows:
Carson City, OA0001 to OZ9999, inclusive;
Churchill, AA0001 to AZ9999, inclusive;
Clark, BA0001 to BZ9999, inclusive [;] , and when exhausted YA0001 to YZ0001, inclusive;
Douglas, DA0001 to DZ9999, inclusive, except DS0001 to DS9999, inclusive;
Elko, EA0001 to EZ9999, inclusive, except EL0001 to EL9999, inclusive;
Esmeralda, FA0001 to FZ9999, inclusive;
Eureka, GA0001 to GZ9999, inclusive;
Humboldt, HA0001 to HZ9999, inclusive, except HU0001 to HU9999, inclusive;
Lander, JA0001 to JZ9999, inclusive;
Lincoln, KA0001 to KZ9999, inclusive;
Lyon, LB0001 to LZ9999, inclusive;
Mineral, MA0001 to MZ9999, inclusive, except MN0001 to MN9999, inclusive;
Nye, NA0001 to NZ9999, inclusive, except NY0001 to NY9999, inclusive;
Pershing, PA0001 to PZ9999, inclusive, except PE0001 to PE9999, inclusive;
Storey, SA0001 to SZ9999, inclusive;
Washoe, WA0001 to WZ9999, inclusive [; and] , XA0001 to XZ9999, inclusive; and
White Pine, ZA0001 to ZZ9999, inclusive [.] , except XO0001 to XO9999, inclusive.
3. Any license plates issued for a truck prior to July 1, 1971, bearing a different designation than that provided for in this section, shall be valid during the period for which such plates were issued.
Sec. 4. NRS 482.274 is hereby amended to read as follows:
482.274 1. The director shall order the preparation of vehicle license plates for trailers in the same manner provided for passenger cars in NRS 482.270.
2. The registration numbers assigned to trailers, [after January 1, 1970, shall be coded for Carson City and the several counties and consecutively numbered. The code letters and numbers assigned shall be as follows:
κ1975 Statutes of Nevada, Page 701 (CHAPTER 453, AB 120)κ
Carson City, O00001 to O99999, inclusive;
Churchill, A00001 to A99999, inclusive;
Clark, B00001 to B99999, inclusive, and 00001B to 99999B, inclusive;
Douglas, D00001 to D99999, inclusive;
Elko, E00001 to E99999, inclusive;
Esmeralda, F00001 to F99999, inclusive;
Eureka, G00001 to G99999, inclusive;
Humboldt, H00001 to H99999, inclusive;
Lander, J00001 to J99999, inclusive;
Lincoln, K00001 to K99999, inclusive;
Lyon, L00001 to L99999, inclusive;
Mineral, M00001 to M99999, inclusive;
Nye, N00001 to N99999, inclusive;
Pershing, P00001 to P99999, inclusive;
Storey, S00001 to S99999, inclusive;
Washoe, X00001 to X99999, inclusive; and
White Pine, Z00001 to Z99999, inclusive.] after July 1, 1975, shall be comprised of one letter and five numbers. The position of the letter and numbers shall be established for statewide use by the department.
3. Any license plates issued for a trailer prior to [July 1, 1971,] July 1, 1975, bearing a different designation [than] from that provided for in this section, shall be valid during the period for which such plates were issued.
________
Assembly Bill No. 388Assemblymen Wittenberg, Mello, Dini, Dreyer, Barengo, Bremner, Getto, Glover, Howard, Weise, Brookman, Hickey, Craddock, May, Bennett, Chaney, Sena, Wagner, Hayes, Banner, Demers, Moody, Murphy, Polish, Schofield, Benkovich, Christensen, Coulter, Harmon, Heaney, Mann, Vergiels and Price
CHAPTER 454
AN ACT relating to health and care facilities; authorizing the commissioner of insurance to adopt a uniform system of accounting and financial reporting for health and care facilities and providing certain exemptions from such requirements; providing a procedure for health and care facilities relating to filing financial reports; providing commissioner and investigatory powers; providing a penalty; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that the health and welfare of the citizens of this state is directly and significantly affected by the cost of the delivery of health care. In an effort to protect this important interest of the state, the legislature hereby authorizes the commissioner to adopt a uniform system of accounting and financial reporting for health and care facilities.
κ1975 Statutes of Nevada, Page 702 (CHAPTER 454, AB 388)κ
important interest of the state, the legislature hereby authorizes the commissioner to adopt a uniform system of accounting and financial reporting for health and care facilities.
Sec. 3. The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:
1. Commissioner means the commissioner of insurance.
2. Health and care facility means any person, institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities, but does not include child care facilities as defined in NRS 449.003.
Sec. 4. The commissioner may:
1. Adopt, amend and repeal rules and regulations respecting the exercise of the powers conferred by this chapter.
2. Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the cost of services in all institutions subject to the provisions of this chapter and may subpena witnesses, financial papers, records and documents in connection therewith. The commissioner may also administer oaths in any hearing or investigation.
3. Exercise, subject to the limitations and restrictions imposed in this chapter, all other powers which are reasonably necessary to carry out the expressed objects of this chapter.
Sec. 5. 1. The commissioner shall by rule, after public hearings, specify a uniform system of accounting and financial reporting by which health and care facilities shall record their revenues, expenses, other income and other outlays, assets and liabilities, and units of service. The commissioner shall give due consideration to existing systems of accounting and reporting in so specifying, and shall insofar as reasonably possible specify a basic system which will not increase the administrative costs of such facilities. All institutions under the commissioners jurisdiction shall adopt the system for their first fiscal year period beginning on or after April 1, 1976, and each subsequent period.
2. The commissioner may allow and provide for modifications in the accounting and reporting system in order correctly to reflect differences in the scope or type of services and financial structure between the various categories, sizes or types of institutions subject to this chapter and in a manner consistent with the purposes of this chapter.
3. The commissioner may exempt any health and care facility or group of facilities from adopting the uniform system if he finds that such adoption is not in the public interest or would materially increase the cost of health care offered by the facility or group of facilities.
Sec. 6. 1. Every health and care facility which is subject to the provisions of this chapter shall file with the commissioner the following financial statements or reports in a form and at intervals specified by the commissioner but at least annually:
κ1975 Statutes of Nevada, Page 703 (CHAPTER 454, AB 388)κ
(a) A balance sheet detailing the assets, liabilities and net worth of the institution for its fiscal year; and
(b) A statement of income and expenses for the fiscal year.
2. The annual financial statements filed pursuant to this section shall be prepared in accordance with the system of accounting and reporting adopted under section 5 of this act. The commissioner shall require the certification of specified financial reports by the institutions certified public accountant and may require attestations from responsible officials of the institution that such reports have to the best of their knowledge and belief been prepared in accordance with the prescribed system of accounting and reporting.
3. The commissioner shall require the filing of all reports by specified dates, and may adopt regulations which assess penalties for failure to file as required, but he shall not require the submission of any annual report sooner than 6 months after the close of the fiscal year, and may grant extensions to facilities which can show that the required information is not available on the required reporting date.
4. All reports, except privileged medical information, filed under any provisions of this chapter are open to public inspection and shall be available for examination at the office of the commissioner during regular business hours.
Sec. 7. In carrying out the duties prescribed by this chapter, the commissioner may utilize his own staff or may contract with any appropriate, independent and qualified organization. Such contractor shall not release or publish or otherwise use any information made available to it under its contractual responsibility unless such permission is specifically granted by the commissioner.
Sec. 8. The commissioner shall engage in or carry out analyses and studies relating to health care costs in Nevada and other western states, the financial status of any institution subject to the provisions of this chapter and any other appropriate related matters, and he may publish and disseminate any information relating to the financial aspects of health care as he deems desirable in the public interest and in accordance with the provisions of this chapter. He shall further require the filing of information concerning the total financial needs of each institution and the resources available or expected to become available to meet such needs, including but not limited to the effect of proposals made by comprehensive areawide and state health planning agencies. Such information shall be divided into the following components of an institutions expenses:
1. Operating expenses related to patient care.
2. Expenses incurred for rendering services to patients for whom payment is not made in full including, but not limited to, contractual allowances imposed by federal or state law, charity care and uncollectible accounts.
3. All incurred interest charges on indebtedness for both capital and operating needs.
4. Costs of education both primary and continuing.
5. Expenses for research related to patient care.
6. Depreciation expenses of both property and equipment.
κ1975 Statutes of Nevada, Page 704 (CHAPTER 454, AB 388)κ
7. Amortization of incurred capital and operating related indebtedness.
8. Requirements for capital expenditures for replacement, modernization, renovation and expansion of services and facilities.
9. Requirements for necessary working capital, including but not limited to operating cash, patients accounts receivables and inventories.
10. Federal, state and local taxes not ordinarily considered operating expenses where applicable.
11. Operating surpluses necessary for a fair return to their owners equal to returns on investments in industries of comparable risk, or for the purpose of assuring continuity or operation and prudent management.
Sec. 9. The commissioner shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with the commissioner under this chapter as will advance the purposes of this chapter. All such summaries, compilations and reports are open to public inspection and shall be made available to requesting agencies and shall be prepared within a reasonable time following the end of each institutions fiscal year or more frequently as specified by the commissioner.
Sec. 10. On or before October 1, 1976, and every year thereafter, the commissioner may prepare and transmit to the governor a report of the commissioners operations and activities for the preceding fiscal year. This report shall include copies of all summaries, compilations and supplementary reports required by this chapter together with such facts, suggestions and policy recommendations as the commissioner deems necessary.
Sec. 11. The commissioner may impose upon the health and care facilities subject to supervision under this chapter an administrative fine not exceeding $100 per day for each violation of any of the provisions of this chapter.
Sec. 12. There is hereby appropriated from the general fund in the state treasury to the department of commerce to be used by the commissioner of insurance for the operation and administration of the provisions of this chapter, for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977, the sums of $45,000 and $43,000, respectively.
________
Assembly Bill No. 665Assemblymen Bremner, Ford, Mello, Dini and Barengo
CHAPTER 455
AN ACT relating to state publications; providing for notification and deletion of certain persons from mailing lists; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 345 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 705 (CHAPTER 455, AB 665)κ
1. As used in this section, unless the context otherwise requires:
(a) State agency includes the legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
(b) State publication has the meaning ascribed in subsection 3 of NRS 378.160.
2. Except as provided in subsection 3, every state agency which periodically distributes any state publication shall at least annually notify the person receiving the publication that his name will be deleted from the mailing list unless he notifies the state agency within 30 days that he wants to remain on the mailing list.
3. This section does not apply if the person subscribes to and pays a fee for the state publication.
Sec. 2. The state agency shall notify every person receiving a periodic distribution of a state publication at least three times during the fiscal year July 1, 1975, to June 30, 1976, of the intent to delete his name from the mailing list, as provided in section 1 of this act, unless he sooner responds stating his desire to remain on the list.
________
Assembly Bill No. 671Committee on Legislative Functions
CHAPTER 456
AN ACT relating to the state legislature; providing for a joint rule determination of the legislative commission composition; and providing other matters properly relating thereto.
[Approved May 14, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.660 is hereby amended to read as follows:
218.660 1. There is hereby created in the legislative counsel bureau a legislative commission consisting of 12 members.
2. At each regular session of the legislature held in odd-numbered years, the senate shall, by resolution, designate six senators as regular members of the legislative commission [,] and six senators as alternates, and the assembly shall, by resolution, designate six assemblymen as regular members of the legislative commission [. Of the aforesaid membership there shall be three senators and three assemblymen from each party in the houses.] and six assemblymen as alternates.
3. [In addition to the members designated in subsection 2:
(a) The senate shall, by resolution, designate six senators, three from each party, as first alternate members, second alternate members and third alternate members.
(b) The assembly shall, by resolution, designate six assemblymen, three from each party, as alternate members.
4. A vacancy in the regular senate membership created by death or resignation or by the senator ceasing to be a member of the senate shall be filled, first, by the proper first alternate member of the same party in the senate, and second, if there is no first alternate member, then by the proper second alternate member of the same party in the senate, and third, if there is no second alternate member, then by the proper third alternate member of the same party in the senate.
κ1975 Statutes of Nevada, Page 706 (CHAPTER 456, AB 671)κ
be filled, first, by the proper first alternate member of the same party in the senate, and second, if there is no first alternate member, then by the proper second alternate member of the same party in the senate, and third, if there is no second alternate member, then by the proper third alternate member of the same party in the senate. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing a senator of the same party.
5. A vacancy in the regular assembly membership created by death or resignation or by the assemblyman ceasing to be a member of the assembly shall be filled by the legislative commission appointing an alternate assembly member of the same party. If there is no proper alternate member, the legislative commission shall fill the vacancy by appointing an assemblyman of the same party.
6. The members shall serve until their successors are appointed as provided in this section, notwithstanding that their terms of office may have expired, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection shall terminate on the day next after the election and the vacancy shall be filled as provided in subsections 4 and 5.] The legislature shall determine by joint rule at each regular session of the legislature in odd-numbered years:
(a) The method of determining the majority party and the minority party regular and alternate membership on the legislative commission.
(b) The method of filling vacancies on the legislative commission.
(c) The terms of office of members.
(d) The method of selecting the chairman.
(e) The term of office of the chairman.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 515Senator Schofield (by request)
CHAPTER 457
AN ACT relating to funeral directors and embalmers; changing the required qualifications of applicants for licenses; increasing licensing fees; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 642.010 is hereby amended to read as follows:
642.010 As used in this chapter, unless the context otherwise requires:
1. Board means the state board of funeral directors and embalmers.
2. Funeral director [or undertaker] means a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding himself or itself out as engaged in:
κ1975 Statutes of Nevada, Page 707 (CHAPTER 457, SB 515)κ
(a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies.
(b) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies.
(c) Directing or supervising or contracting to direct or supervise funerals.
(d) The business of a funeral director by using the words funeral director, [undertaker] or mortician or any other title implying that he or it is engaged in the business of funeral directing, [or undertaking,] but the words funeral director [or undertaker shall] do not include a licensed embalmer.
3. Funeral establishment means a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation, and having a display room containing a stock of funeral caskets and shipping cases.
4. The singular number includes the plural number, and the masculine gender includes the feminine gender.
Sec. 2. NRS 642.080 is hereby amended to read as follows:
642.080 An applicant for a license to practice the profession of embalming in the State of Nevada shall:
1. Have attained the age of [21] 18 years.
2. Be of good moral character.
3. Be a high school graduate and have completed [2 years of college or the equivalent. The college course or the equivalent must include 6 semester hours of English, 9 semester hours of biological science, and 9 semester hours of chemistry.] 2 academic years of instruction (60 semester or 90 quarter hours) at an accredited college or university.
4. Have completed [the full course] 12 full months of instruction in an embalming college or school of mortuary science accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated, and approved by the board, and have not less than 1 years practical experience under the supervision of an embalmer licensed in the State of Nevada.
5. Have actually embalmed at least 50 bodies under the supervision of a licensed embalmer prior to the date of [examination.] application.
6. Present to the board affidavits of at least two reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character.
Sec. 3. NRS 642.090 is hereby amended to read as follows:
642.090 1. Every person who wishes to practice the profession of embalming shall appear before the board and, upon payment of a fee not to exceed [$75] $100 to cover expenses of examination, shall be examined in the knowledge of the subjects set forth in subsection 2. Examination shall be in writing and [by] the board may, at its discretion, require actual demonstration on a cadaver. If an applicant has previously taken and passed the national examination given by the Conference of Funeral Services Examining Boards of the United States, Incorporated, the applicant need not retake that examination for purposes of licensing in the State of Nevada.
κ1975 Statutes of Nevada, Page 708 (CHAPTER 457, SB 515)κ
and passed the national examination given by the Conference of Funeral Services Examining Boards of the United States, Incorporated, the applicant need not retake that examination for purposes of licensing in the State of Nevada. All examination papers shall be kept on record by the board.
2. The members of the board shall examine applicants for licenses in the following subjects:
(a) Anatomy, sanitary science and signs of death.
(b) Care, disinfection, preservation, transportation of and burial, or other final disposition of dead bodies.
(c) The manner in which death may be determined.
(d) The prevention of the spread of infectious and contagious diseases.
(e) Chemistry, including toxicology.
(f) Restorative art, including plastic surgery and derma surgery.
(g) [Rules and regulations] Regulations of the state board of health relating to infectious diseases and quarantine.
(h) Any other subject which the board may determine by [rule or] regulation to be necessary or proper in order to prove the efficiency and qualification of the applicant.
3. If an applicant fulfills the requirements of NRS 642.080 and has passed the examination provided for by this chapter, the board must issue to the applicant a license to practice the profession of embalming for 1 year.
Sec. 4. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the board if an applicant:
1. Is a graduate of a school of mortuary science which is accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated.
2. Is licensed as an embalmer in another state.
3. Has practiced embalming successfully for at least 5 years, and practiced actively for 2 years immediately preceding the application for a license by reciprocity.
4. Is of good moral character and has been a resident of the State of Nevada for at least 6 months.
5. Has passed [an oral] the examination given by the board on the subjects set forth in subsection 2 of NRS 642.090.
6. Pays a fee of [$75] $100 to the secretary of the board.
Sec. 5. NRS 642.120 is hereby amended to read as follows:
642.120 1. If a licensee desires a renewal of his license the board shall grant it, except for cause, and the annual fee for the renewal of a license shall not exceed the sum of [$15.] $35.
2. The board shall mail on or before January 1 of each year to each licensed embalmer, addressed to him at his last-known address, a notice that his renewal fee is due and payable and that if such fee is not paid by February 1 a penalty of [$10] $25 shall be added to the renewal fee, and in no case shall such penalty or additional fee be waived.
3. Upon receipt of such fees the board shall cause the renewal certificate to be issued.
Sec. 6. NRS 642.200 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 709 (CHAPTER 457, SB 515)κ
642.200 1. Any person registering as an apprentice embalmer shall furnish proof that he is a high school graduate and has completed [2 years of college or the equivalent.] 2 academic years of instruction (60 semester or 90 quarter hours) at an accredited college or university.
2. [Such college course or the equivalent shall conform with specifications as set forth in NRS 642.080.
3.] Such proof shall be furnished before such apprentice can be registered with the board.
Sec. 7. NRS 642.220 is hereby amended to read as follows:
642.220 Apprentices shall pay an apprentice fee of [$10] $25 per year to the board and carry an apprentice card certified by the secretary of the board.
Sec. 8. NRS 642.300 is hereby amended to read as follows:
642.300 Apprenticeship in embalming expires [2 years] 1 year from the date of issuance of the certificate by the board, and no person may be registered as an apprentice entitling him to practice the occupation of an embalmers apprentice under a licensed embalmer more than [3] 2 consecutive years without taking the examination given by the board.
Sec. 9. NRS 642.310 is hereby amended to read as follows:
642.310 The application of an apprentice making application to the board to take an examination for an embalmers license shall be on file in the secretarys office, accompanied by a fee of [$75,] $100, 30 days prior to date of such examination.
Sec. 10. NRS 642.320 is hereby amended to read as follows:
642.320 All registered apprentices shall file applications for licenses [by examination] within 12 months after they have completed the prescribed [2 years] 1 years apprenticeship. Failure to do so automatically revokes apprenticeship registration.
Sec. 11. NRS 642.330 is hereby amended to read as follows:
642.330 All [students shall complete 2 years of apprenticeship and] applicants shall hold a diploma from an accredited and approved embalming college, as prescribed by NRS 642.080, before taking the examination. The examination may be taken before the applicant has completed the required 1 year of apprenticeship.
Sec. 12. NRS 642.360 is hereby amended to read as follows:
642.360 1. An application for a funeral directors license shall be in writing and verified on a form provided by the board.
2. Each applicant, unless an association, corporation or partnership, shall be over [21] 18 years of age, of good character, and a resident of the State of Nevada for at least 6 months prior to filing the application.
3. If the applicant is an association, corporation or partnership, it shall have as an active officer or manager or employee a person who is over [21] 18 years of age, of good character, who is a licensed embalmer and has been a resident of the State of Nevada for at least 6 months prior to filing the application.
4. Each individual or the officer or employee who is to manage or direct a proposed funeral establishment shall, before the application is granted, successfully pass an examination given by the board upon the following subjects:
κ1975 Statutes of Nevada, Page 710 (CHAPTER 457, SB 515)κ
(a) The signs of death.
(b) The manner by which death may be determined.
(c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons dying from infectious or contagious diseases.
(d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.
5. The application shall be accompanied by a fee of [$75.] $100.
Sec. 13. NRS 642.420 is hereby amended to read as follows:
642.420 1. Each licensed funeral director shall pay an annual fee for the renewal of his or its license.
2. The renewal fee, payable by a licensed funeral director, is [$15.] $35.
Sec. 14. NRS 642.430 is hereby amended to read as follows:
642.430 1. The board shall mail, on or before January 1 of each year, to each licensed funeral director, addressed to him at his last-known address, a notice that his or its renewal fee is due and payable and that if such fee is not paid by February 1, a penalty of [$10] $25 shall be added to the renewal fee, and in no case shall such penalty or additional fee, upon account of such delinquency, be waived.
2. Upon receipt of such fees the board shall cause the renewal certificate to be issued.
Sec. 15. NRS 642.450 is hereby amended to read as follows:
642.450 1. In case of the death of a licensed funeral director who leaves an established business, as defined in this chapter, as part or all of his estate, the board may issue to the legal representative of such deceased funeral director, if such legal representative is of good character, a special temporary license as a funeral director for the duration of the administration of such estate, but in no case to exceed [2 years.] 1 year.
2. The fees for issuance and renewal of such temporary license and the time for payment thereof shall be the same as those required for regular licenses.
Sec. 16. NRS 642.560 is hereby amended to read as follows:
642.560 No funeral director [, undertaker and] or embalmer may permit any person to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors, [and undertakers,] public officers in the discharge of their official duties, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.
Sec. 17. NRS 642.590 is hereby amended to read as follows:
642.590 1. Any person, firm or corporation who engages, directly or indirectly, in the business of funeral directing [or undertaking] or holds himself or itself out as a funeral director [or undertaker] or attempts to take care of the disposition of dead human bodies without having complied with the provisions of this chapter, and without being licensed so to do as herein provided, or who continues in the business of a funeral director [or undertaker] after his or its license has been revoked shall be fined not more than $500. Each day that he or it is so engaged in such business shall be a separate offense.
κ1975 Statutes of Nevada, Page 711 (CHAPTER 457, SB 515)κ
2. Any funeral director [or undertaker] or any person acting for him who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business as such funeral director [or undertaker] and every person who accepts or offers to accept any money or thing of value as a commission or gratuity from a funeral director [or undertaker] in order to secure business for him [shall be] is guilty of a misdemeanor.
________
Senate Bill No. 530Senator Blakemore
CHAPTER 458
AN ACT relating to unincorporated towns; enabling town boards or boards of county commissioners to provide for television reception; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A town board or board of county commissioners may:
1. Make application for and hold any license required to provide television broadcast translator signals.
2. Contract with any person, corporation or association to provide the equipment, facilities and services necessary to furnish television broadcast translator signals for a period not to exceed 10 years.
3. Enter into contracts for the purposes of this section that extend beyond the term of office of any member of the board or commission.
4. Levy and collect a tax upon the assessed value of property within an unincorporated town to cover the costs of providing television broadcast translator signals to that town.
Sec. 2. NRS 354.626 is hereby amended to read as follows:
354.626 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, short-term financing repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specially do not apply to:
κ1975 Statutes of Nevada, Page 712 (CHAPTER 458, SB 530)κ
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works, funds for which have been provided by the proceeds of a sale of bonds or short-term financing. Unappropriated surplus funds shall not be used unless appropriated in a manner provided by law.
(g) Contracts which are entered into by a local government and delivered to any person, firm or corporation solely for the purpose of acquiring supplies and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year, and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available to any person on demand.
(h) Long-term contracts for the furnishing of television broadcast translator signals as authorized by section 1 of this act.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 547Committee on Finance
CHAPTER 459
AN ACT authorizing the budget division of the department of administration to transfer money from the general fund salary adjustment account to the tax commission account.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The budget division of the department of administration is hereby authorized to transfer $96,904 from the general fund salary adjustment account into the tax commission account in order to offset the increased charges from its data processing activities and operating needs for the fiscal period July 1, 1974, to June 30, 1975.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 713κ
Senate Bill No. 557Committee on Government Affairs
CHAPTER 460
AN ACT relating to water rights; eliminating the requirement for the state engineer to record water right certificates in the offices of the county recorders; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 533.135 is hereby amended to read as follows:
533.135 1. At the time of submission of proofs of appropriation, where the necessary maps are prepared by the state engineer, the fee collected from such claimants shall be the actual cost of survey and preparation of maps.
2. The state engineer shall collect a fee of $10 for a proof of water used for domestic purposes or any other character of claim to water. [Such fee shall include the cost of recording the water right certificate in the office of the county recorder should such certificate of water right issue.]
3. All fees collected as provided in this section shall be accounted for in detail and deposited with the state treasurer once in each month. [, but the state engineer shall deduct and hold such an amount from the fees as may be estimated to cover the cost of recording the certificates of water right.]
Sec. 2. NRS 533.265 is hereby amended to read as follows:
533.265 1. Upon the final determination of the relative rights in and to the waters of any stream system, the state engineer shall issue to each person represented in such determination a certificate to be signed by the state engineer, and bearing the seal of his office.
2. The certificate shall set forth:
(a) The name and post office address of the owner of the right.
(b) The date of priority.
(c) Extent and purpose of such right.
(d) If such water is for irrigation purposes, a description of the land, by legal subdivisions when possible, to which the water is appurtenant.
3. Such certificate shall be transmitted by the state engineer in person or by registered or certified mail [to the county recorder of the county in which the right is located, and the county recorder, upon the receipt of a recording fee of $1, collected as provided in NRS 533.135, shall record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the certificate] to the owner.
4. No certificate need be issued by the state engineer [nor recorded] when printed copies of any decree of final determination of relative rights contain a listing of the individual rights so determined.
Sec. 3. NRS 533.425 is hereby amended to read as follows:
533.425 [1.] As soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit, his assign or assigns, a certificate setting forth:
κ1975 Statutes of Nevada, Page 714 (CHAPTER 460, SB 557)κ
place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit, his assign or assigns, a certificate setting forth:
[(a)] 1. The name and post office address of the appropriator, his assign, or assigns.
[(b)] 2. The date, source, purpose and amount of appropriation.
[(c)] 3. If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
[(d)] 4. The number of the permit under which the certificate is issued.
[2. The certificate shall, within 30 days after its issuance, be sent by mail to the county recorder of the county in which such water is diverted from its source, as well as to the county recorder of the county in which the water is used, to be recorded in books specially kept for that purpose. The fee for recording such certificate, as provided by law, for each county in which the record is made, shall be paid in advance to the state engineer by the person in whose favor the certificate is issued.]
________
Senate Bill No. 563Senator Sheerin
CHAPTER 461
AN ACT relating to the state public defender; authorizing the amounts which may be collected from certain counties for his services; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 180.110 is hereby amended to read as follows:
180.110 1. The state public defender may collect the following amounts from the respective county for the use of his services: [
For the fiscal For the fiscal
year ending year ending
June 30, 1974 June 30, 1975
Carson City................................. $9,500........................... $10,450
Churchill...................................... 5,000........................... 5,500
Elko............................................... 7,100........................... 7,810
Esmeralda.................................... 2,100........................... 2,310
Eureka.......................................... 1,700........................... 1,870
Humboldt..................................... 6,440........................... 7,084
Lander.......................................... 2,200........................... 2,420
Lincoln......................................... 2,090........................... 2,299
Lyon............................................. 5,650........................... 6,215
Mineral......................................... 5,700........................... 6,270
Nye............................................... 5,150........................... 5,665
Pershing....................................... 4,240........................... 4,664
Storey........................................... 1,580........................... 1,738
White Pine................................... 6,050........................... 6,655]
κ1975 Statutes of Nevada, Page 715 (CHAPTER 461, SB 563)κ
For the fiscal For the fiscal
year ending year ending
June 30, 1976 June 30, 1977
Carson City................................ $11,966........................... $13,128
Churchill..................................... 6,325........................... 6,957
Douglas....................................... 12,000........................... 13,200
Elko.............................................. 8,981........................... 9,879
Esmeralda................................... 2,656........................... 2,921
Eureka......................................... 2,150........................... 2,365
Humboldt.................................... 8,146........................... 8,960
Lander......................................... 2,783........................... 3,061
Lincoln........................................ 2,643........................... 2,907
Lyon............................................. 7,147........................... 7,862
Mineral........................................ 7,210........................... 7,931
Nye............................................... 6,514........................... 7,165
Pershing...................................... 5,363........................... 5,899
Storey........................................... 1,998........................... 2,197
White Pine................................... 7,653........................... 8,418
2. The state public defender shall submit a bill to the county on or before the 15th day of May and the county shall pay such bill on or before the 20th day of July. The counties shall pay their respective amounts to the state public defender who shall deposit the same with the treasurer of the State of Nevada and shall expend the funds in accordance with his approved budget.
Sec. 2. Any bill submitted by the state public defender for the fiscal year ending June 30, 1975, shall be paid on or before July 20, 1975.
________
Senate Bill No. 565Committee on Government Affairs
CHAPTER 462
AN ACT relating to acquisition of certain federal lands in Eldorado Valley; authorizing the division of Colorado River resources of the state department of conservation and natural resources on behalf of the State of Nevada to acquire certain federal lands in the Eldorado Valley and to issue securities therefor; relating to the acquisition, maintenance, improvement and disposition of properties appertaining to such federal lands; otherwise concerning such securities and properties, revenues, taxes, pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Terms used or referred to in this act are as defined in the State Securities Law; but the following terms, whenever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 and 3 of this act.
κ1975 Statutes of Nevada, Page 716 (CHAPTER 462, SB 565)κ
Sec. 2. Division means the division of Colorado River resources of the state department of conservation and natural resources.
Sec. 3. Federal lands means all of the lands presently owned by the Federal Government in the Eldorado Valley that are subject to purchase by the State of Nevada pursuant to the provisions of NRS 321.410.
Sec. 4. The division, on the behalf and in the name of the State of Nevada, may by order of the administrator of the division, following a report by the administrator which advises the legislative commission of any proposed purchase of land and terms of such purchase between the Secretary of the Interior and the division acting on behalf of the state:
(a) Acquire, hold, maintain and improve the federal lands;
(b) Acquire, hold, maintain, improve and dispose of properties appertaining to the federal lands to be acquired, including without limitation, water and water rights for the benefit and welfare of the people of the state;
(c) Acquire the federal lands, wholly or in part, directly by contracts with the Federal Government which comply with the prerequisites enumerated in P.L. 85339, March 6, 1958; 72 Stat. 32, and NRS 321.400 to 321.460, inclusive.
(d) Borrow money and otherwise become obligated in a total principal amount of not exceeding $2,000,000 to defray wholly or in part the cost of acquiring the federal lands, including but not limited to, the cost of paying the interest on said principal amount for a period not to exceed 3 years from the date of issue, and issue state securities to evidence such obligations.
Sec. 5. 1. Subject to the limitations as to maximum principal amounts in section 4 of this act, the division may issue to defray the costs of the project, or any part thereof, at any time or from time to time after the effective date of this act, but not after 5 years from the effective date thereof and in accordance with the provisions of the State Securities Law:
(a) General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues;
(b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or
(c) Any combination of such securities.
2. Nothing in this act shall prevent the division from funding, refunding or reissuing any outstanding state securities issued by the division at any time as provided in the State Securities Law.
3. Subject to existing contractual obligations, the net revenues pledged for the payment of state securities by the division may be derived from the sale of all or any part of the federal lands to be acquired by the division on behalf of the State of Nevada with the proceeds of the securities to be issued hereunder.
Sec. 6. Any and all contracts entered into pursuant to the provisions of this act shall not be binding upon the State of Nevada until executed or otherwise approved by the governor, including without limitation the execution of securities in the manner and as otherwise provided in the State Securities Law.
κ1975 Statutes of Nevada, Page 717 (CHAPTER 462, SB 565)κ
Sec. 7. The powers conferred by this act shall be in addition and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 8. 1. The legislature finds and declares that the issuance of securities and the other incurrence of indebtedness pursuant to this act are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by paragraph 2 of section 3 of article 9 of the constitution of the State of Nevada.
2. The provisions of the State Securities Law, containing in chapter 349 of NRS, apply to the issuance of securities and the acquisition of property under this act.
Sec. 9. If any provision of this act or the application thereof to any person, thing, or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
________
Senate Bill No. 587Committee on Judiciary
CHAPTER 463
AN ACT relating to payments to contractors performing highway improvement or construction; permitting accelerated payments in certain instances; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 408.920 is hereby amended to read as follows:
408.920 1. The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place, or on the job site, or at a location approved by the engineer, and invoiced, and labor expended thereon. Not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement of construction, except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.
2. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer [. Whenever a project is sufficiently completed to be placed into service and a portion of the contract work not to exceed 5 percent of the total contract price of the project in value cannot be readily completed because of factors beyond the contractors control, the engineer may give his final acceptance in the manner provided in NRS 408.925 and deduct from the retained percentage such sum as he may determine sufficient to complete the contract by the department or by other means.]
κ1975 Statutes of Nevada, Page 718 (CHAPTER 463, SB 587)κ
project is sufficiently completed to be placed into service and a portion of the contract work not to exceed 5 percent of the total contract price of the project in value cannot be readily completed because of factors beyond the contractors control, the engineer may give his final acceptance in the manner provided in NRS 408.925 and deduct from the retained percentage such sum as he may determine sufficient to complete the contract by the department or by other means.] , except that at any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made in all phases of the contract, he may, upon written request by the contractor, authorize a single payment from the withheld percentage in an amount which will not reduce the withheld percentage below 5 percent of the value of the work to be completed. Before such payment is made, the engineer shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in NRS 408.900 for filing of creditors claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors claims filed with the department.
5. The contractor under any contract made prior to or after April 23, 1971 or awarded by the department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under such contract which are retained by the department, pursuant to the terms of such contract, if the contractor deposits with the engineer:
(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills; or
(b) Bonds or notes of the State of Nevada; or
(c) General obligation bonds of any political subdivision of the State of Nevada.
Certificates of deposit shall be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under such contract.
6. The engineer shall have the power to enter into a contract or agreement with any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section. Such services shall include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.
κ1975 Statutes of Nevada, Page 719 (CHAPTER 463, SB 587)κ
7. The engineer or any national bank, state bank, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the engineer shall deliver each such coupon as it matures to the contractor.
8. Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, shall be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor shall be entitled to receive the interest, coupons or income only from those obligations which remain on deposit after such amount has been deducted.
________
Assembly Bill No. 239Assemblymen May, Hickey, Price, Mann, Ford, Demers, Chaney and Craddock
CHAPTER 464
AN ACT to amend an act entitled, An Act making appropriations from the general fund in the state treasury to state agencies for various purposes and providing other matters properly relating thereto, approved March 31, 1973.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 182, Statutes of Nevada 1973, at page 240, is hereby amended to read as follows:
Sec. 6. There is hereby appropriated from the general fund in the state treasury the sum of $168,500 to the division of forestry of the department of conservation and natural resources for the following purposes:
1. The sum of $90,000 for a new forestry nursery to be located in Washoe Valley, Washoe County, Nevada. Any balance of this appropriation remaining after June 30, 1975, may be expended for a forestry nursery in southern Nevada.
2. The sum of $76,000 for the purchase of replacement aircraft for the fire suppression and protection program.
3. The sum of $2,500 to increase the state forester firewarden revolving fund created pursuant to NRS 472.045.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 720κ
Assembly Bill No. 502Assemblyman Dreyer
CHAPTER 465
AN ACT relating to crimes and punishments; clarifying the intent of the legislature in providing an additional penalty for the commission of a crime with the use of a deadly weapon.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 193.165 is hereby amended to read as follows:
193.165 1. Any person who uses a firearm or other deadly weapon in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for such crime. The sentence prescribed by this section shall run consecutively with the sentence prescribed by statute for such crime.
2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. The provisions of this section [shall] do not apply where the use of a firearm or other deadly weapon is a necessary element of such crime.
________
Assembly Bill No. 571Committee on Government Affairs
CHAPTER 466
AN ACT relating to the state board of registered professional engineers; changing the designation of one of its officers; increasing the compensation and maximum traveling allowances of members; requiring the board to appoint an executive secretary; and providing other matters properly relating thereto.
[Approved May 15, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect one of its members as chairman and one of its members as [secretary. The chairman and secretary shall each serve 2 years.] vice-chairman, each of whom shall hold office for 2 years and until a successor is elected and qualified.
2. At any meeting, four members shall constitute a quorum.
3. Each member shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed [$25] $40 per day, and actual expenses for transportation, while traveling on business of the board.