[Rev. 2/28/2019 12:05:13 PM]
κ1975 Statutes of Nevada, Page 721 (CHAPTER 466, AB 571)κ
4. Any state employee who may be appointed to serve on the board shall receive compensation as herein provided for such service in addition to any other salary or compensation he receives from the state for other services.
5. The board shall appoint an executive secretary who shall serve at the pleasure of the board and receive such compensation as may be fixed by the board.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
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Assembly Bill No. 577Assemblymen Weise, Benkovich, Heaney, Mello, Coulter, Wagner, Wittenberg, Barengo, Murphy and Christensen
CHAPTER 467
AN ACT relating to county government; setting requirements for the composition of county commissioner election districts and providing for the election of county commissioners in certain counties; 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 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In each county having a population of 100,000 or more but less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
1. At the general election in 1976, and every 4 years thereafter, two county commissioners shall be elected respectively from two of the county commissioner election districts established pursuant to this section.
2. At the general election in 1978, and every 4 years thereafter, three county commissioners shall be elected respectively from three of the county commissioner election districts established pursuant to this section.
3. The board of county commissioners shall establish five county commissioner election districts which shall be as nearly equal in population as practicable. If the county comprises no partial assembly districts and a number of whole assembly districts that is evenly divisible by the number of county commissioners, each county commissioner election district shall be composed of a number of contiguous and undivided assembly districts equal to this quotient.
Assembly district, as used in this subsection, means one of the districts, identified by number, established by NRS 218.080.
Sec. 2. NRS 244.010 is hereby amended to read as follows:
244.010 Except as provided in NRS [244.013 and] 244.011, 244.017 and section 1 of this act, each board of county commissioners of the several counties shall consist of three members; and not more than three county commissioners shall be elected or appointed to such office in any county.
κ1975 Statutes of Nevada, Page 722 (CHAPTER 467, AB 577)κ
Sec. 3. NRS 244.020 is hereby amended to read as follows:
244.020 1. [Except as provided in NRS 244.013, county] County commissioners shall be qualified electors of their respective counties [.] and have such other qualifications as are provided in this chapter.
2. No county or township officer shall be eligible to the office of county commissioner.
Sec. 4. The members of the board of county commissioners of such county, as the board is constituted on January 1, 1976, shall continue to hold office for the terms for which they were elected.
Sec. 5. Any vacancy occurring in the board of county commissioners in such county shall be filled as provided in NRS 244.040 by a person residing in the same county commissioner election district created in section 1 of this act as did the commissioner he is to replace.
Sec. 6. NRS 244.013 and 244.033 are hereby repealed.
Sec. 7. 1. Section 5 of this act shall become effective upon passage and approval.
2. All other sections of this act shall become effective January 1, 1976, for the purpose of electing county commissioners at the general election in 1976. For all other purposes, such sections shall become effective on the 1st Monday of January, 1977.
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Assembly Bill No. 292Assemblymen Sena, Banner, Mann, Price, Getto, Demers, Hayes, Coulter, Ashworth, Harmon, Barengo, Robinson, Dreyer, Jeffrey, Polish, Vergiels, May, Hickey, Craddock, Bennett, Heaney, Ford, Wittenberg, Chaney, Lowman, Howard, Mello, Christensen, Benkovich, Bremner, Schofield, Jacobsen and Brookman
CHAPTER 468
AN ACT relating to drivers licenses; requiring every applicant for a drivers license to display proof of his age; designating certain forms for display by foreign-born applicants; and providing other matters properly relating thereto.
[Approved May 16, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a drivers license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
2. Every application shall be accompanied by the required fee.
3. Every application shall state the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal, and such other information as the department may require to determine the applicants competency and eligibility.
κ1975 Statutes of Nevada, Page 723 (CHAPTER 468, AB 292)κ
ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal, and such other information as the department may require to determine the applicants competency and eligibility.
4. Every applicant [between the ages of 14 and 21 years] shall furnish proof of his age by displaying [a] :
(a) If the applicant was born in the United States, a birth certificate, baptismal certificate or other proof acceptable to the department [.] , including but not limited to, a drivers license issued by another state or the District of Columbia; or
(b) A Certificate of Citizenship, a Certificate of Naturalization, an Arrival-Departure Record or an Alien Registration Receipt Card issued by the Immigration and Naturalization Service of the United States Department of Justice if the applicant was born outside the United States.
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Senate Bill No. 524Committee on Judiciary
CHAPTER 469
AN ACT relating to the Juvenile Court Act; providing for a mandatory review of the placement of certain children under the Juvenile Court Act; and providing other matters properly relating thereto.
[Approved May 16, 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. Except as provided in subsection 3, the placement by the court of a child in a home or institution shall be reviewed by a judge or duly appointed master semiannually for the purpose of determining if:
(a) Continued placement or supervision is in the best interest of the child and the public; and
(b) The child is being treated fairly.
2. In conducting such review, the court may:
(a) Review a written report from the childs protective service officer, welfare worker or other guardian or custodian of the child which includes but is not limited to an evaluation of the childs progress and recommendations for further supervision, treatment or rehabilitation.
(b) Request any information or statements it deems necessary for the review.
3. The provisions of this section do not apply to the placement of:
(a) A delinquent child.
(b) A child in the home of the childs parent or parents.
4. This section does not limit the power of the court to order a review or similar proceeding other than semiannually.
________
κ1975 Statutes of Nevada, Page 724κ
Senate Bill No. 338Senator Foote
CHAPTER 470
AN ACT incorporating the City of Sparks in Washoe County, Nevada, under a new charter; defining the boundaries thereof; and providing other matters properly relating thereto.
[Approved May 16, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The charter of the City of Sparks is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.
ARTICLE I
Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Sparks and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Sparks. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapters 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Sparks.
3. The city may have and use a common seal and may change the same at pleasure.
Sec. 1.020 Incorporation of city.
1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of City of Sparks and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
2. Whenever used throughout this charter, city means the City of Sparks.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and the county assessor of Washoe County, as such plat is revised from time to time.
Sec. 1.040 Wards: Creation; boundaries. The city shall be divided into five wards each of which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
κ1975 Statutes of Nevada, Page 725 (CHAPTER 470, SB 338)κ
shall be contiguous. In December of the year preceding a general municipal election the Washoe County registrar of voters shall establish new boundaries for each ward if the number of electors registered at the time of the last preceding general election in any ward exceeds the number of electors registered in any other ward by more than 5 percent.
Sec. 1.050 Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Five councilmen.
(c) A city clerk.
(d) A city attorney.
(e) A municipal judge.
2. All elective officers of the city, except the city attorney, shall be:
(a) Bona fide residents of the city for at least 30 days prior to the last day for filing a declaration of candidacy for such office.
(b) Registered voters within the city.
(c) At least 25 years of age.
3. No person shall be elected or appointed to the office of councilman who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days prior to the last day for filing a declaration of candidacy for such office, or, in the case of appointment, 30 days prior to the day the office became vacant.
4. The city attorney shall be a registered voter and a duly licensed member of the State Bar of Nevada.
5. All elective officers shall:
(a) Reside within the city during their terms of office;
(b) Be voted upon at a general municipal election by the registered voters of the city at large; and
(c) Serve for terms of 4 years.
6. Each elective officer, except the mayor and councilmen, shall receive a salary in an amount fixed by the city council. At any time prior to January 1 of the year in which a general municipal election is held, the city council may enact an ordinance fixing the salary for each elective office for the 4-year term beginning on the 1st Monday in July following that election. Such ordinance may not be amended to increase or decrease the salary for any office during the term. If the city council fails to enact such an ordinance prior to January 1 of the election year, the succeeding elective officers shall receive the same salaries as their respective predecessors.
Sec. 1.070 Elective offices; vacancies.
1. A vacancy in the city council, office of the city clerk, city attorney or municipal judge shall be filled by appointment of the mayor, subject to confirmation by the city council, or by the remaining members of the city council in case of vacancy in such council, within 30 days after the occurrence of such vacancy. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurred, the city council shall present to the mayor the names of two qualified persons to fill the vacancy in the council.
κ1975 Statutes of Nevada, Page 726 (CHAPTER 470, SB 338)κ
within 30 days after the vacancy occurred, the city council shall present to the mayor the names of two qualified persons to fill the vacancy in the council. The mayor shall within 15 days after such presentation select one of the two qualified persons as councilman. The appointee shall have the same qualifications required of the elected official.
2. A vacancy in the office of the mayor shall be filled by the mayor pro tempore. The resulting vacancy in the city council shall be filled as provided in subsection 1.
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve the balance of the term of office to which he is appointed and until his successor is duly elected and qualified.
Sec. 1.080 Appointive offices and officers.
1. The mayor of the city shall appoint a city manager, subject to confirmation by the city council.
2. The city council may establish such other appointive offices as it may deem necessary for the operation of the city.
3. Appointment of such officers shall be made by the city manager, subject to ratification of the city council.
Sec. 1.090 Appointive officers: Miscellaneous provisions.
1. All appointive officers shall perform such duties as may be directed by the city manager and such other duties as may be designated by ordinance.
2. The city council may require from all officers and employees of the city constituted or appointed under this charter, sufficient security for the faithful and honest performance of their respective duties, and the cost of such bond shall be paid by the city.
3. A person appointed by the city manager to any office may be removed from office for cause by the city manager. The officer so removed shall have the right of appeal to the mayor and city council and may demand written charges to be made and a hearing before the city council prior to the date his final removal is to take place. The decision and action of the city council upon such hearing is final.
Sec. 1.100 Mayor and councilmen not to hold other office.
1. The mayor and councilmen shall not:
(a) Hold any other elective office with the State of Nevada, Washoe County, the City of Sparks or any other city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor or councilman.
Sec. 1.110 Oath of office. Every person elected or appointed under the provisions of sections 1.060 to 1.080, inclusive, shall subscribe to the official oath as provided by the city council. Every such person shall swear and affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
κ1975 Statutes of Nevada, Page 727 (CHAPTER 470, SB 338)κ
Sec. 1.120 Personal financial interest prohibition.
1. Any city officer or employee who has a substantial financial interest, direct or indirect:
(a) By reason of ownership of stock in any corporation;
(b) In any contract with the city;
(c) In the sale of any land, material, supplies or services to the city; or
(d) With a contractor supplying the city;
shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract.
2. Any city officer or employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this section is guilty of malfeasance in office or position and shall forfeit the office or position.
3. Any knowledge, express or implied, of the person or corporation contracting with or making a sale to the city in violation of this section shall make the contract or sale voidable by the city manager or the city council.
Sec. 1.130 Certain activities prohibited.
1. A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, religious creed, color, national origin, ancestry or political affiliations.
2. A person shall not willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud to prevent the impartial execution of such provisions, rules and regulations.
3. A person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.
4. A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding any compensated appointive city position.
5. A person who holds any compensated appointive city position shall not make, solicit or receive any contribution of campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote.
6. Any person who by himself or with others willfully violates any of the provisions of subsections 1 to 4, inclusive, is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.
κ1975 Statutes of Nevada, Page 728 (CHAPTER 470, SB 338)κ
7. Any person who, by himself or with others, willfully violates any of the provisions of subsection 5 is guilty of an offense punishable by a fine of not more than $100.
8. Any person who violates any of the provisions of this section shall be ineligible to hold any city office or position for a period of 5 years and if he is an officer or employee of the city, shall immediately forfeit his office or position.
Sec. 1.140 Charter committee: Appointment; terms; qualifications.
1. The charter committee shall consist of 11 members, appointed as follows:
(a) One by each councilman.
(b) Two by the mayor.
(c) One by each member of the senate and assembly delegation representing the residents of the city.
2. Each members shall:
(a) Serve during the term of his appointer.
(b) Be a registered voter of the city; and
(c) Reside in the city during his term of office.
Sec. 1.150 Charter committee duties.
The charter committee shall:
1. Prepare recommendations to be presented to the legislature concerning all necessary amendments to the city charter.
2. Recommend to the city council the amount of salary to be paid to the mayor and to the councilmen for the ensuing term.
3. Perform all functions and do all things necessary to accomplish the purposes for which it is established, including but not limited to holding meetings and public hearings, and obtaining assistance from city officials.
Sec. 1.160 Charter committee members: Removal; grounds.
1. Any member who misses three successive regular meetings may be removed by a majority vote of the remaining members of the committee.
2. Any member of the committee may be removed for any cause by an eight-eleventh vote of the committee.
3. In case of removal, a replacement shall be appointed by the officer who appointed the removed member.
Sec. 1.170 Salaries for mayor and councilmen.
For the term of 4 years beginning on the 1st Monday in July, 1975, the following salaries shall be paid:
1. To the mayor, per year................................................................. $12,000
2. To each councilman, per year..................................................... 6,000
ARTICLE II
Legislative Department
Sec. 2.010 City council. The legislative power of the city is vested in a city council consisting of five councilmen.
Sec. 2.020 City council: Discipline of members, other persons; subpena power.
κ1975 Statutes of Nevada, Page 729 (CHAPTER 470, SB 338)κ
1. The city council may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Subpena any witness to appear and testify and subpena any evidence in the possession of any person relating to any business before the city council.
2. Any subpena issued by the city council shall be signed by the city clerk, served in the same manner as a subpena issued by the district court, and shall contain a notice that failure to obey the subpena may subject the person subpenaed to prosecution for a misdemeanor or may result in his being in contempt of the district court.
3. If any person subpenaed to appear before the city council fails to obey such subpena:
(a) He may be prosecuted in the municipal court for a misdemeanor.
(b) The city council may apply to the district court and the district court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.030 Meetings: Regular; special; quorum.
1. The city council shall hold regular meetings on the second and fourth Mondays of each month at a time and place convenient to the council and the public. If a second or fourth Monday of the month falls on a national holiday, or other holiday designated as such by the governor, the council may, at the meeting which immediately precedes the regular meeting, provide for another regular meeting time on a day as soon after the regular meeting day as is practicable.
2. Special meetings may be held on a call of the mayor or by a majority of the council. Notice of a special meeting shall be given to each councilman, the mayor, city clerk and city attorney by personal service at least 24 hours prior to the time set for the meeting. If personal service cannot be made because of absence of any official from his usual residence, notice shall be served by mailing the notice by certified mail at least 60 hours prior to the time set for the special meeting. Such notice is not required if the mayor has declared an emergency.
3. At a special meeting, unless consented to by the entire city council:
(a) No contract involving the expenditure of money may be made, or claim allowed, unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No ordinance may be passed except an emergency ordinance.
(c) No business may be transacted unless it was stated in the call of the meeting.
4. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
5. Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.
Sec. 2.040 Rules. The city council may adopt rules for the government of its members and proceedings.
κ1975 Statutes of Nevada, Page 730 (CHAPTER 470, SB 338)κ
Sec. 2.050 Oaths and affirmations. The mayor and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the city council or to be considered by the city council.
Sec. 2.060 Powers of city council: Ordinances, resolutions and orders.
1. The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
2. When power is conferred upon the city council to do and perform something, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred upon the governing bodies of cities by Nevada Revised Statutes.
5. The city council shall annually adopt a budget pursuant to the Local Government Budget Act.
Sec. 2.070 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. An ordinance shall not be passed except by bill and by a majority vote of the whole city council. The style of all ordinances shall be as follows: The City Council of the City of Sparks does ordain:.
2. A bill shall not contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the bill is void as to the matter not expressed in the title.
3. Any bill which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
Sec. 2.080 Ordinances: Enactment procedure; emergency ordinances.
1. When first proposed, all bills shall be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed bill shall be filed with the city clerk for public inspection. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published at least 1 week prior to the adoption of the ordinance.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of a bill and its reference to committee, such committee shall report such bill back to the city council. Thereafter, it shall be read as first introduced, or as amended, and thereupon the bill shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the bill is of a kind specified in section 7.030, by not less than two-thirds of all the voting members of the city council (excluding from any such computation any vacancy on the council), final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed bill with the city clerk need be published.
κ1975 Statutes of Nevada, Page 731 (CHAPTER 470, SB 338)κ
council), final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed bill with the city clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published for at least one publication, before the ordinance shall become effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances together with the affidavits of publication by the publisher.
Sec. 2.090 Powers of city council: General areas.
The city council may exercise any power specifically granted in this charter or by any of the provisions of Nevada Revised Statutes not in conflict with this charter, in order to:
1. License all businesses, trades and professions for purposes of regulation and revenue.
2. Enact and enforce police ordinances.
3. Provide for the protection of persons and property from fire.
4. Regulate the construction and maintenance of any building or other structure within the city.
5. Provide for safeguarding of public health in the city.
6. Zone and plan the city, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.
7. Acquire, control, lease, dedicate, sell and convey rights-of-way, parks and other real property.
8. Regulate automobile traffic and parking of automobiles.
9. Establish and maintain a sanitary sewer system.
10. Condemn property within the territorial limits of the city, as well as property outside the territorial limits of the city, in the manner prescribed by chapter 37 of NRS.
11. Regulate, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.
12. Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.
Sec. 2.100 Powers of city council: Railroads. The city council may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.
2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.
4. Condemn rights-of-way for any purpose across any railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
κ1975 Statutes of Nevada, Page 732 (CHAPTER 470, SB 338)κ
Sec. 2.110 Powers of the city council: Provisions for utilities. The city council may:
1. Provide by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provisions of such utility.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be performed by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 2.120 Powers of city council: Nuisances. The city council may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
(a) Preside over the meetings of the city council and he may vote only in case of a tie. The mayor may not vote on any proposed ordinance.
(b) Be recognized as the head of the city government for all purposes.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.
2. The mayor may exercise the right to veto upon all matters passed by the city council provided he give notice in writing to the city clerk within 10 days of the action taken by the city council.
κ1975 Statutes of Nevada, Page 733 (CHAPTER 470, SB 338)κ
within 10 days of the action taken by the city council. Such vetoes may be overturned only by a vote of at least four-fifths of the city council. An action requiring the expenditure of money is not effective without the approval of the mayor, unless he does not disapprove such action within 10 days after it is taken by the city council, or the city council by a four-fifths majority has approved or approves such expenditure at a regular meeting.
3. The city council shall elect one of its members to be mayor pro tempore. Such person shall:
(a) Hold such office and title during the term for which he was elected without additional compensation, except as provided in paragraph (c).
(b) Perform the duties of mayor during the absence or disability of the mayor.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant and shall draw the salary of mayor. His salary and position as councilman shall cease.
Sec. 3.020 City manager: Duties.
The city manager shall be responsible to the council for the efficient administration of all the affairs of the city. He shall:
1. Exercise a careful supervision of the citys general affairs.
2. See that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and may sue in the proper court to enforce them.
3. Exercise control over all departments, divisions and bureaus of the city government and over all the appointive officers and employees thereof.
4. Attend all regular meetings of the council and its committees, except when the council is considering his removal, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
5. Recommend to the council the adoption of such measures and bills as he may deem necessary or expedient.
6. Make investigations into:
(a) The affairs of the city;
(b) Any department or division thereof;
(c) Any contract; or
(d) The proper performance of any obligation owed to the city.
7. Prepare and submit to the council the annual budget.
8. Keep the council fully advised as to the financial condition and needs of the city.
9. Submit to the council, at least once each month, a summary of all claims and bills approved for payment by him.
10. Devote his entire time to the duties and interests of the city.
11. Perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.
Sec. 3.030 City manager: Removal.
The city manager may be removed by the mayor and a three-fifths majority vote of the city council or by a four-fifths majority vote of the city council without the vote of the mayor.
Sec. 3.040 City clerk: Duties; deputies.
1. The city clerk shall:
κ1975 Statutes of Nevada, Page 734 (CHAPTER 470, SB 338)κ
(a) Keep the corporate seal and all books and papers belonging to the city.
(b) Attend all regular, special and emergency meetings of the city council, and may attend all executive sessions concerning public officers as provided in chapter 241 of the Nevada Revised Statutes.
(c) Keep an accurate journal of all regular, special and emergency meetings of the city council, including a record of all ordinances, bylaws and resolutions passed or adopted by it.
(d) Attest the journal after approval at each meeting of the city council and after it has been signed by the mayor.
(e) Enter the result of the vote of the city council upon all official business in the journal.
(f) Perform such other duties as may be designated by ordinance.
2. The city clerk may appoint deputies as may be necessary subject to the approval of the city council.
Sec. 3.050 City attorney: Duties; deputies.
1. The city attorney shall:
(a) Be the legal officer of the city.
(b) Perform such duties as may be designated by ordinance.
(c) Attend all regular, special and emergency meetings of the city council, and may attend executive sessions concerning public officers as provided in chapter 241 of the Nevada Revised Statutes.
2. The city attorney may appoint such deputies as may be necessary subject to the approval of the city council.
Sec. 3.060 County assessor to be ex officio city assessor: Duties.
1. The county assessor of Washoe County shall be ex officio city assessor of the city and shall perform such duties for the city without additional compensation.
2. Upon request of the ex officio city assessor, the city council may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.
Sec. 3.070 County treasurer to be ex officio city tax collector: Duties.
1. The county treasurer of Washoe County shall be ex officio tax collector of the city and shall perform such duties for the city without additional compensation.
2. The county treasurer shall also be the ex officio assessment collector of the city and shall perform such duties for the city without additional compensation.
Sec. 3.080 City officers: Duties may be restricted and altered. The city council may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.
Sec. 3.090 City officers: Collection and disposition of moneys.
1. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the person designated to collect and receive them, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.
κ1975 Statutes of Nevada, Page 735 (CHAPTER 470, SB 338)κ
2. The city council may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
Sec. 3.100 Interference by city council.
1. The mayor or councilmen shall not dictate the appointment, suspension or removal of any city administrative officer or employee appointed by the city manager or his subordinates unless the city council fully and freely discusses the matter with the city manager. No person covered by the rules and regulations of the civil service commission may be appointed, suspended or removed except as provided in such rules and regulations.
2. The city council shall not direct the activity of any appointed officer or employee on a matter pertaining to city business, but shall deal through the city manager.
Sec. 3.110 Removal of officers. If any officer is adjudged guilty of any nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the city council may declare the office vacant and fill the vacancy so caused, as provided by law.
Sec. 3.120 Salaries. The city council shall annually fix the salaries of all appointive officers of the city. Any officer whose salary is reduced may demand that a bill of particulars giving the reasons for such reduction be heard at the next regular meeting of the city council.
ARTICLE IV
Judicial Department
Sec. 4.010 Municipal court. There shall be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.
Sec. 4.020 Municipal court: Judge. The municipal court shall be presided over by a municipal judge.
Sec. 4.030 Intermittent periods of incarceration. If a sentence of imprisonment is imposed by the municipal judge, the municipal judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.
Sec. 4.040 Disposition of fines. All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.
Sec. 4.050 Additional imprisonment to satisfy fine or forfeiture. Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $6 of the amount until such fine or forfeiture is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.
κ1975 Statutes of Nevada, Page 736 (CHAPTER 470, SB 338)κ
ARTICLE V
Elections
Sec. 5.010 General municipal elections. A general municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in June 1975, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, one city clerk, councilmen as hereinbefore provided, one city attorney and one municipal judge. All candidates at the general municipal election shall be voted upon by the electors of the city at large.
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. A candidate for any office to be voted for at any general municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the 1st Tuesday after the 1st Monday in May next preceding such general election.
2. If for any general municipal election there are three or more candidates for the offices of mayor, city clerk, city attorney or municipal judge, or three or more candidates from each ward for the office of councilman, a primary election for any such office shall be held on the 1st Tuesday after the 1st Monday in May preceding such general election.
3. Candidates for the offices of mayor, city clerk, city attorney and municipal judge shall be voted upon by the registered voters of the city at large. Candidates for the office of councilman shall be voted upon by the registered voters of the ward to be represented by them.
4. The names of the two candidates for mayor, city clerk, city attorney and municipal judge and the names of the two candidates for city councilman from each ward who receive the highest number of votes at the primary election shall be placed on the ballot for the general election.
Sec. 5.030 Applicability of state election laws: Elections under city council control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the city council. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 5.040 Qualifications, registration of voters.
1. Every person who resides within the city at the time of any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the city council to provide for supplemental registration.
Sec. 5.050 Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol.
κ1975 Statutes of Nevada, Page 737 (CHAPTER 470, SB 338)κ
printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname, or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 5.060 Ballots for ordinances and charter amendments. An ordinance or charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: Shall the above described (ordinance) (amendment) be adopted? The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.
Sec. 5.070 Availability of lists of registered voters. If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall provide the same upon payment therefor in an amount determined pursuant to the provisions of subsection 2 of NRS 293.440.
Sec. 5.080 Watchers and challengers. A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 5.090 Voting machines. The city council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.
Sec. 5.100 Election returns: Canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person is permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.
2. The city council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue a certificate of election to each person elected. The officers elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
κ1975 Statutes of Nevada, Page 738 (CHAPTER 470, SB 338)κ
4. If any election results in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.
Sec. 5.110 Contest of election. A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.
ARTICLE VI
Local Improvements
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground utility and communication lines.
Sec. 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring or improving any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.
Sec. 6.030 Delinquent assessments: Collection.
In addition to any manner of collection of delinquent assessments as provided in chapter 271 of NRS, the county treasurer may cause and proceed to the sale of the assessed premises in the same manner as sale in case of delinquent taxes as provided in chapter 361 of NRS, subject to any right of redemption as therein provided if any amount assessed is delinquent for more than 2 years.
ARTICLE VII
Local Bonds and Franchises
Sec. 7.010 Debt limit.
1. The city shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under this section, there shall not be counted as indebtedness:
κ1975 Statutes of Nevada, Page 739 (CHAPTER 470, SB 338)κ
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
Sec. 7.020 Acquisition, operation of municipal utilities. The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except securities issued under section 6.020.
2. The city council shall submit any proposal to borrow money, except short-term financing as authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.
3. Any property tax levied to pay the principal of or interest on indebtedness authorized under subsection 2 shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as from time to time amended.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7.040 Franchises.
1. Before granting any franchise the city council shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published for at least two publications in the 2 weeks succeeding its adoption.
2. At the first regular meeting of the city council after the expiration of the period of such publication, the city council shall pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise, such ordinance shall be void.
κ1975 Statutes of Nevada, Page 740 (CHAPTER 470, SB 338)κ
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 1 3/4 percent upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
3. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
4. The city may, however, upon the approval of the county commissioners of Washoe County, collect taxes levied for the redemption of bonds provided for in sections 6.010 to 6.030, inclusive.
Sec. 8.020 Revenue ordinances. The city council shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
ARTICLE IX
Civil Service
Sec. 9.010 Civil service commission: Appointment; compensation.
1. There shall be a civil service commission of the City of Sparks, Nevada, consisting of three residents of the City of Sparks who shall be appointed by the mayor, subject to confirmation by the city council. The persons so appointed shall serve for 4-year terms.
2. Every person appointed as a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file the same, duly certified by the officer administering it, with the clerk of the city.
3. Vacancies on the civil service commission from whatever cause shall be filled by appointment by the mayor, subject to confirmation by the city council.
4. The council shall provide for such employees and shall be necessary to enable the civil service commission to carry out properly the duties prescribed herein.
κ1975 Statutes of Nevada, Page 741 (CHAPTER 470, SB 338)κ
5. Each member of the civil service commission shall receive as compensation for his services the sum of $10 for each full meeting attended by him.
Sec. 9.020 Civil service commission: Rules and regulations.
1. The commission shall prepare and adopt rules and regulations to govern the selection and appointment of all employees of the city within the provisions of this article and such rules and regulations shall be designed to secure the best service for the public.
2. Such rules and regulations shall provide for:
(a) Ascertaining, as far as possible, physical qualifications, habits, reputation, standing and experience of all applicants for positions;
(b) Competitive examination of some or all applicants in such subjects as shall be deemed proper for the purpose of best determining their qualifications for a position;
(c) Disciplinary, suspension, demotion and dismissal proceedings;
(d) Promotions and advancements; and
(e) Such other matters as the commission may deem necessary.
3. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk.
4. The commission shall by rule provide for a probationary period of 6 months during which any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department or by the city manager without hearing or other action by the commission.
5. The commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed or otherwise reproduced and distributed as they shall deem necessary, and the expense thereof shall be certified by the commission and paid by the city.
6. All selections of persons for employment or appointment or promotion, in any department of the city within the provisions of this article, shall be made in accordance with such rules and regulations.
Sec. 9.030 Rules and regulations: Amendment. After rules and regulations have been adopted, as provided in section 9.020, they may be amended or modified by the commission only after the commission has given a notice, containing the proposed amendment or modification and specifying a time when the commission will meet and hear discussion concerning the adoption of such proposed amendment or modification. The time and place for discussion concerning any modification or amendment shall be posted on a bulletin board in a conspicuous place accessible to the employees of the city in each department affected by such proposed amendment or modification not less than 10 days before the date of such meeting of the civil service commission.
Sec. 9.040 Examinations. All examinations by the commission are public and free to all citizens of the United States with proper limitations as to residence, age, health, habits and moral character. The examinations shall be practical in their character and shall relate to those matters which will fairly test the relative capacity of the candidate to discharge the duties of the position in which they seek employment, or to which they seek to be appointed, and may include tests of manual skill and physical strength.
κ1975 Statutes of Nevada, Page 742 (CHAPTER 470, SB 338)κ
physical strength. The commission shall give due regard to the experience of the individual candidate in the department in which he is seeking promotion. All examinations shall be given under the control of the commission.
Sec. 9.050 Reports of employee performance. The head of any city department to which the provisions of this article are applicable shall maintain at all times in full force and effect and in operation within his respective department the rules and regulations adopted by the commission and applicable to such department. Such rules and regulations, in the discretion of the commission, may provide for regular efficiency reports of the members of any department, for courses, tests or examinations to be required within the department, and for any other act or thing necessary or desirable to bring about advancement or promotion within the department of the members thereof, according to merit, to bring about efficiency within the department so that it may be better qualified to serve the public, and to bring about a full and complete operation within the department of the civil service system.
Sec. 9.060 Eligibility lists. Whenever new positions are created by city ordinance within any department subject to the provisions of this article, or whenever vacancies occur within any such department, a list of not less than three qualified applicants, when that number is available, shall be submitted by the civil service commission to the head of the department. The head or chief of such department shall appoint the applicant deemed by him to be most suitable. All such appointments shall be subject to confirmation of the city council after successful completion of the probationary period.
Sec. 9.070 Probational employees. All employees of the City of Sparks who have been so employed for 6 or more months prior to the effective date of this charter are confirmed in their present positions. All employees of the City of Sparks who have been so employed for less than 6 months prior to the effective date of this charter shall be considered to be in a probationary period, and may, after the completion of 6 months employment, be considered for confirmation as provided in this article. All employees of the City of Sparks hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period shall hold their respective positions and employment at the pleasure of the city manager, subject to hearing, as provided in this article. All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion. The provisions of this article shall not apply to persons employed on a temporary basis or for a period not to exceed 6 months during any calendar year.
Sec. 9.080 Prohibited acts. No employee of the city within the provisions of this article shall be suspended, demoted or discharged except as provided in this article.
Sec. 9.090 Written complaint, hearing. Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the city manager, he shall immediately communicate the same to the commission and a hearing may be ordered by the commission, if in the opinion of the commission such a hearing is necessary.
κ1975 Statutes of Nevada, Page 743 (CHAPTER 470, SB 338)κ
commission, if in the opinion of the commission such a hearing is necessary.
Sec. 9.100 Disciplinary authority of city manager; appeal to the commission. The city manager may suspend for a period of not exceeding 30 days or discharge or demote any employee of the city within the provisions of this article for the betterment of the service or for other justifiable cause and shall immediately report to the secretary of the commission and deliver to the commission a copy of the complaint setting forth the reason for discharge, suspension or demotion and the name of the complainant, if other than the city manager. Within 10 days after such discharge, suspension or demotion, the employee so discharged, suspended or demoted may appeal to the commission by filing with the secretary thereof a notice of appeal in the following or similar form: To the Civil Service Commission of Sparks, Nevada: Please take notice that I appeal the order of the city manager of the City of Sparks, dated............... 19........., (demoting, discharging or suspending) me. The notice of appeal shall be signed by the employee demoted, discharged or suspended and shall clearly state the name and the address of such employee.
Sec. 9.110 Notice of hearing. The commission, after receiving the notice of appeal shall, within 15 days, serve the appellant with a copy of the complaint and a notice fixing the time and place of hearing, which time of hearing shall not be less than 5 days nor more than 30 days after service of the notice and copy of the complaint.
Sec. 9.120 Notice of hearing: Method of service. Notice of the time and place of such hearing, together with a copy of the charges preferred, shall be served upon the employee, and may be served in the same manner as a summons is served in this state or by mailing it to the employee by deposit in the United States post office at Sparks, Nevada, addressed to the employee at the address stated in the notice of appeal with postage thereon fully prepaid. Service by mail is full and adequate service of notice of all matters relating to such discharge, suspension or demotion until the final disposition of the matter by the commission whether such notice is received by the employee or not.
Sec. 9.130 Charges filed with the commission. Duly verified charges may be filed with the commission by any person setting forth sufficient cause for the discharge, suspension or demotion of any employee within the provisions of this article. Upon the filing of such charges the commission may suspend such employee and cause notice of the filing of such charges, with a copy thereof, to be served upon the employee and setting a time for the hearing if the commission believes that it will be in the interest of the service to do so.
Sec. 9.140 Commission hearings.
1. The employee shall be entitled to a postponement or adjournment of the hearing for not to exceed a period of 20 days. The complainant is not entitled to adjournment or postponement.
2. In the course of any hearing or investigation each member of the commission has the power:
(a) To administer oaths;
κ1975 Statutes of Nevada, Page 744 (CHAPTER 470, SB 338)κ
(b) To secure by subpena the attendance of witnesses and the production of books and papers relevant to such hearing or investigation;
(c) To compel witnesses to answer; and
(d) To punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing.
3. Any hearing, in the discretion of the commission, may be closed to the public and all witnesses shall be under oath.
4. The employee shall have full opportunity to be heard in his own defense, and is entitled to secure the attendance of all witnesses necessary for his defense and may appear in person and by attorney.
5. All evidence at any hearing shall be taken by stenographic reporter who shall be first sworn to perform the duties of a stenographic reporter in taking evidence in such matter fully and fairly to the best of his ability. The transcript shall be typewritten and filed with the commission, and the cost of such stenographic reporting shall be paid by the city.
Sec. 9.150 Findings of the commission.
1. Within 15 days after the transcript of the proceedings is filed with the commission, the commission shall, by a majority vote of its members, determine whether by a preponderance of the evidence the charges were true and made in good faith for the purpose of improving the public service or whether they were made solely for religious, political or personal reasons.
2. If the charges are found to be untrue or were made solely for religious, political or personal reasons the employee shall be immediately reinstated to his former position without prejudice.
3. If the charges are found to be true and were made in good faith for the purpose of improving the public service, the commission may sustain the disciplinary action theretofore taken, or may impose such other disciplinary action as to the commission shall seem just and proper.
4. The decision and findings of the commission shall be in writing and shall be filed with the transcript of the evidence with the secretary of the commission.
Sec. 9.160 Salary of a suspended employee. Any member of a department shall not be deprived of any salary or wages for the period of time he may be suspended prior to a hearing, unless the disciplinary action or removal is sustained.
Sec. 9.170 Meetings of the commission.
1. Upon the request of the city manager, advising the commission of matters requiring consideration, the commission shall call a meeting within 15 days after receipt of the request.
2. The commission shall hold not less than one regular meeting per month to be held on the same day of each calendar month.
3. The meeting shall be open to the public.
Sec. 9.180 Disciplinary authority of commission.
1. Except as herein otherwise provided, the commission shall have exclusive disciplinary power and authority over all employees within the provisions of this article and may remove, suspend or demote any employee in the civil service who:
κ1975 Statutes of Nevada, Page 745 (CHAPTER 470, SB 338)κ
(a) Is unable to or fails for any reason to perform his duties properly and efficiently.
(b) Is guilty of any actions which reduce his effectiveness as an employee or brings discredit to the city service.
(c) Has violated any provision of this article or of the commissions rules.
2. Any employee so removed, suspended or demoted may demand a formal hearing before the commission and the demand shall be in form similar to that provided for notices of appeals in section 9.100 of this article. The demand for a formal hearing shall be filed with the secretary of the commission.
Sec. 9.190 Applicability.
1. This article shall apply to all employees of the City of Sparks, except:
(a) Elected officials of the city;
(b) The city manager;
(c) Appointed officials of the city; and
(d) Temporary employees provided for in section 9.070.
2. Any employee of the city who has been confirmed in his position by the city council and who accepts a position as a department head or accepts appointment as an appointed official under the provisions of this chapter shall, upon his removal from such office, be restored to his former position within the department, only if there is a position available.
ARTICLE X
Miscellaneous Provisions
Sec. 10.010 Any willful misconduct in office, or any willful violation of any of the provisions of this charter, or of the provisions of any ordinance, or any willful failure to comply therewith by any officer of the city, whether elective or appointive, subjects the person guilty thereof to removal from office by accusation in the manner provided in NRS 283.300 to 283.430, inclusive, and any person found guilty shall forever after be disqualified to hold any office under the city government.
Sec. 10.020 Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
Sec. 10.030 Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
κ1975 Statutes of Nevada, Page 746 (CHAPTER 470, SB 338)κ
2. Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.
4. The enactment of this charter shall not effect any change in the legal identity of the city.
5. The enactment of this charter shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary law.
(b) Any law or ordinance making an appropriation.
(c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
(d) The running of the statute of limitations in force at the time this charter becomes effective.
(e) Any bond of any public officers.
Sec. 2. Chapter 180, Statutes of Nevada 1949, at page 372, entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, and all other acts amendatory thereof are hereby repealed.
Sec. 3. Chapter 545, Statutes of Nevada 1971, at page 1142, entitled An Act incorporating the City of Sparks in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 25, 1971, and section 4 of Chapter 735, Statutes of Nevada 1973, at page 1507, entitled An Act relating to the City of Sparks; providing formation of a committee to prepare a proposed city charter; providing for an opinion vote on the form of government for the city; extending effective date for new charter to July 1, 1975; and providing other matters properly relating thereto, approved May 1, 1973, are hereby repealed.
Sec. 4. 1. Section 3 of this act shall become effective upon passage and approval.
2. The remaining sections of this act shall become effective July 7, 1975.
________
κ1975 Statutes of Nevada, Page 747κ
Senate Bill No. 520Committee on Judiciary
CHAPTER 471
AN ACT relating to interception and disclosure of wire communications; providing an exclusion from the general prohibition against such activity to permit recording in connection with certain calls and requests to official law enforcement or firefighting agencies; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.620 is hereby amended to read as follows:
200.620 1. Except as otherwise provided in NRS 179.410 to 179.515, inclusive, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:
(a) Such interception or attempted interception is made with the prior consent of one of the parties to the communication; and
(b) An emergency situation exists wherein it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, prior to the interception, in which event the interception shall be subject to the ratification requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that such communication was intercepted and that, upon application to the court, ratification of such interception was denied.
2. This section [shall] does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for such communication where the interception or attempted interception is for the purpose of construction, maintenance, conduct or operation of the service or facilities of such person.
3. Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make written application to a supreme court justice or district court judge for ratification of such interception. The interception shall not be ratified unless the applicant shows:
(a) That an emergency situation existed wherein it was impractical to obtain a court order prior to the interception; and
(b) That, except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.
4. NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on a wire communications facility installed in the office of an official law enforcement or firefighting agency, if the equipment used for the recording is installed in a communications facility, or on a directory-listed telephone number, on which emergency calls or requests by a person or persons for response by the law enforcement or firefighting agency are likely to be received. In addition, such sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or firefighting agency from such communications facility or directory-listed number in connection with responding to the original call or request, if the agency informs the other party that the conversation is being recorded.
κ1975 Statutes of Nevada, Page 748 (CHAPTER 471, SB 520)κ
communications facility or directory-listed number in connection with responding to the original call or request, if the agency informs the other party that the conversation is being recorded.
________
Senate Bill No. 535Senator Sheerin
CHAPTER 472
AN ACT relating to public records; authorizing custodians of records to transfer, remove and store certain records under certain circumstances; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 239 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A custodian of records may remove books of records, maps, charts, surveys and other papers for storage in an appropriate facility if he believes that the removal of such records is necessary for their protection or permanent preservation, or he may arrange for their transfer to another location for duplication or reproduction.
2. If a county recorder receives a request for a particular item which has been stored pursuant to subsection 1, he shall produce a microfilmed copy of such item or the original within three working days.
________
Senate Bill No. 546Committee on Government Affairs
CHAPTER 473
AN ACT relating to flood control districts; enabling all counties to create such districts; authorizing the power of eminent domain to be exercised outside the district; authorizing the district to levy special assessments and issue special assessment bonds; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 543 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever the board determines that the cost of any project or improvement or part thereof should be paid by particular assessable property in the flood control district, it shall act in the manner provided in NRS 244.884 to 244.891, inclusive, and NRS 244.893 to 244.919, inclusive. The projects, improvements or parts thereof whose costs may be so paid are those which confer upon the particular property to be assessed a benefit substantially different in kind or degree from the benefits conferred upon property in the district generally.
κ1975 Statutes of Nevada, Page 749 (CHAPTER 473, SB 546)κ
projects, improvements or parts thereof whose costs may be so paid are those which confer upon the particular property to be assessed a benefit substantially different in kind or degree from the benefits conferred upon property in the district generally.
Sec. 2. NRS 543.180 is hereby amended to read as follows:
543.180 As used in NRS 543.160 to 543.840, inclusive, the following words or phrases are defined as follows:
1. Acquisition, acquire and acquiring each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.
2. Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the county by the levy of assessments, except:
(a) Any tract owned by the Federal Government, in the absence of its consent to the assessment, or the county.
(b) Any street or other public right-of-way.
3. Board means the board of directors of a district.
[3.] 4. District means any flood control district organized or, in the case of organizational provisions, proposed to be organized, pursuant to NRS 543.160 to 543.840, inclusive.
[4.] 5. Mail means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.
[5.] 6. Project and improvement each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
[6.] 7. Publication means publication at least once a week for 3 consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.
[7.] 8. Shall is mandatory and may is permissive.
[8.] 9. Taxpaying elector means a person who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real property within the district. Registration pursuant to the election (or any other) statutes is not required. Residence in the county is not required.
Sec. 3. NRS 543.250 is hereby amended to read as follows:
543.250 1. The board of county commissioners of any county [having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] is hereby vested with jurisdiction, power and authority to create districts.
κ1975 Statutes of Nevada, Page 750 (CHAPTER 473, SB 546)κ
Department of Commerce,] is hereby vested with jurisdiction, power and authority to create districts.
2. No member of a board of county commissioners or board of directors shall be disqualified to perform any duty imposed by NRS 543.160 to 543.840, inclusive, by reason of ownership of property within any proposed district.
3. A district so created may include territory within another county, with the consent of the board of county commissioners of such other county.
Sec. 4. NRS 543.420 is hereby amended to read as follows:
543.420 Subject to the limitations contained in NRS 543.160 to 543.840, inclusive, the board shall have the power to exercise the right of eminent domain within and without the district, in the manner provided by law for the condemnation of property for public use, for the purpose of taking any property necessary to carry out any objects or purposes of NRS 543.160 to 543.840, inclusive.
Sec. 5. NRS 543.690 is hereby amended to read as follows:
543.690 1. Upon the conditions and under the circumstances set forth in NRS 543.160 to 543.840, inclusive, a district may:
(a) Borrow money and issue the following securities to evidence such borrowing, subject to the provisions of NRS 543.720 to 543.760, inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
(4) Temporary bonds;
(5) Interim debentures; [and]
(6) Special assessment bonds; and
(b) Make another type contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board, as it may determine from time to time, may, on the behalf and in the name of the district, issue such securities, and in connection with any undertaking or facilities authorized in the Flood Control District Law, the board may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 751κ
Senate Bill No. 578Senator Walker
CHAPTER 474
AN ACT relating to the Duckwater Reservation; providing for retrocession by the state to the Federal Government of all criminal and civil jurisdiction over Indian country within Nevada occupied by the Duckwater Shoshone Tribe; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding the provisions of subsection 3 of NRS 41.430, the State of Nevada hereby recedes from and relinquishes all criminal and civil jurisdiction over that area of Indian country within this state occupied by the Duckwater Shoshone Tribe and known as the Duckwater Reservation.
Sec. 2. The provisions of section 1 of this act do not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred, before the date on which the United States accepts this retrocession.
Sec. 3. The secretary of state shall transmit to the United States Secretary of the Interior a copy of this act and shall request notification of any action taken by the Secretary of the Interior, pursuant to 25 U.S.C. § 1323, with respect to this act.
Sec. 4. Sections 1 and 2 of this act shall become effective on the date when the retrocession and relinquishment by the State of Nevada, as set forth in those sections, is accepted by the United States. Sections 3 and 4 of this act shall become effective upon passage and approval.
________
Senate Bill No. 519Committee on Government Affairs
CHAPTER 475
AN ACT relating to papers transmitted by mail; providing for use of the postmarked date as evidence of timeliness; providing exemptions; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 238 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsections 2 and 4, any document or payment required or permitted by law or regulation to be filed or made by mailing to the state or any of its agencies or political subdivisions shall be deemed filed or made on the date of the postmark dated by the post office on the envelope in which it was mailed.
κ1975 Statutes of Nevada, Page 752 (CHAPTER 475, SB 519)κ
2. If such document or payment was mailed but not received by the addressee or was received but the postmarked date is illegible or omitted, the document or payment shall be deemed filed or made on the date it was mailed, if the sender:
(a) Establishes by a postal receipt for registered or certified mail that the mailing date was on or before the required date for filing or payment; and
(b) Where the document or payment was not received, files a duplicate of the contents of the envelope within 15 days after the sender becomes aware that it was not received.
3. For purposes of this section, if the required date for filing or making payment is a Saturday, Sunday or legal holiday, such filing or payment is timely if performed on the next day which is not a Saturday, Sunday or legal holiday.
4. This section does not apply to the filing of election documents under Title 24 of NRS.
________
Senate Bill No. 490Committee on Judiciary
CHAPTER 476
AN ACT relating to controlled substances; expanding the class of law enforcement agencies allowed to seize controlled substances under certain circumstances without process issued by a magistrate.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 453.306 is hereby amended to read as follows:
453.306 1. Property subject to forfeiture under the provisions of NRS 453.011 to 453.551, inclusive, may be seized by the division or other law enforcement agency upon process issued by any magistrate having jurisdiction over the property.
2. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon the provisions of NRS 453.011 to 453.551, inclusive;
(c) The division or other law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) The division or other law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of NRS 453.011 to 453.551, inclusive.
3. In the event of seizure pursuant to subsection 2, proceedings under subsection 4 shall be instituted promptly.
κ1975 Statutes of Nevada, Page 753 (CHAPTER 476, SB 490)κ
4. Property taken or detained under this section and NRS 453.301 shall not be subject to replevin, but is deemed to be in the custody of the division or other agency, as the case may be, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under the provisions of NRS 453.011 to 453.551, inclusive, the division or other agency may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency seizing the property; or
(c) Remove it to an appropriate location for disposition in accordance with law.
5. When property is forfeited under the provisions of NRS 453.011 to 453.551, inclusive, the division or other agency as the case may be, may:
(a) Retain it for official use;
(b) Sell that which is not required to be destroyed by law and which is not harmful to the public;
(c) Remove it for disposition in accordance with the law; or
(d) Forward it to the bureau for disposition.
6. The proceeds from the sale of any property under the provisions of subsection 5 shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. Any balance remaining shall be deposited in the state permanent school fund.
Sec. 2 This act shall become effective upon passage and approval.
________
Senate Bill No. 488Committee on Transportation
CHAPTER 477
AN ACT relating to vehicular speed limits on state highways; imposing a statewide maximum speed limit; providing for the automatic increase or removal thereof under certain circumstances; and providing other matters properly relating thereto.
[Approved May 17, 1975]
Whereas, United States Public Law 93643, section 114, adopted January 4, 1975, provides that the Secretary of Transportation shall not approve any federal-aid highway project in any state which does not have and enforce on any public highway within its jurisdiction a maximum speed limit of 55 miles per hour or less; and
Whereas, Federal-aid highway appropriations to the State of Nevada currently approximate $40 million annually; and
Whereas, The people of the State of Nevada have always opposed the establishment of a statewide maximum speed limit on Nevada highways; and
Whereas, The legislature recognizes an obligation both to respect the clearly expressed desire of the people of the State of Nevada, and to avoid the loss to Nevada of much needed federal highway funds; and
κ1975 Statutes of Nevada, Page 754 (CHAPTER 477, SB 488)κ
Whereas, It is the intent and desire of the legislature to comply with federal requirements in establishing an enforcible maximum speed limit, but that such speed limit shall be increased or eliminated automatically upon relaxation of the federal mandate; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.361 is hereby amended to read as follows:
484.361 It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway. [; or]
2. Such a rate of speed as to endanger the life, limb or property of any person. [; or]
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
4. A rate of speed greater than the national maximum speed limit specified in section 114 of P.L. 93643 (23 U.S.C. § 154).
Sec. 2. 1. In the event the national maximum speed limit provided for in section 114 of P.L. 93643 is increased, 60 days after the effective date of such increase the maximum speed limit imposed by subsection 4 of NRS 484.361 is automatically increased to conform to the higher national limit.
2. In the event the national maximum speed limit provided for in section 114 of P.L. 93643 is eliminated, 60 days after the effective date of such elimination the maximum speed limit imposed by subsection 4 of NRS 484.361 is automatically removed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 483Committee on Government Affairs
CHAPTER 478
AN ACT relating to county government; requiring county commissioners to establish guidelines for the use of county motor vehicles; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners of each county shall establish guidelines for the use of automobiles and other motor vehicles owned by such county. The guidelines may enumerate conditions governing the official use of such vehicles by officers and employees of the county and may impose restrictions on other uses.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 755κ
Senate Bill No. 429Committee on Judiciary
CHAPTER 479
AN ACT relating to arrests; expanding the classification of crimes for which a person may be arrested by a peace officer without a warrant.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.124 is hereby amended to read as follows:
171.124 1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony [,] or gross misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the party arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony [,] or gross misdemeanor, and is justified in making the arrest, though it afterward appear that a felony or gross misdemeanor has not been committed.
________
Senate Bill No. 428Committee on Judiciary
CHAPTER 480
AN ACT to amend NRS 205.130, relating to issuance of instruments without sufficient funds, by clarifying what constitutes prima facie evidence; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, except claims specified in subsection 2, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1975 Statutes of Nevada, Page 756 (CHAPTER 480, SB 428)κ
or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any person who for himself, or as an officer of a corporation, willfully issues any check, bill, note or other instrument in writing for the payment of wages in excess of $100, when such person has, and has knowledge of having, insufficient money or credit with the drawee of such instrument to make payment of the instrument in full upon presentation is guilty of a gross misdemeanor.
3. The word credit as used in this section means an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
4. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business, [because of insufficient funds,] shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered or certified mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistant account is prima face evidence of intent to defraud.
5. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
6. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
κ1975 Statutes of Nevada, Page 757 (CHAPTER 480, SB 428)κ
and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of the state printing and records division of the department of general services, who may charge a fee based on cost for each copy of such notice supplied to any person.
________
Senate Bill No. 239Committee on Government Affairs
CHAPTER 481
AN ACT relating to filing and fees charged by county recorders; increasing certain fees; changing certain filing specifications; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 104.9407 is hereby amended to read as follows:
104.9407 1. If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person.
2. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate shall be [$3.] $6. Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of $1 for the first page and 50 cents for each page thereafter.
Sec. 2. NRS 278.550 is hereby amended to read as follows:
278.550 1. The parcel map filed with the county recorder of any county shall be [securely fastened by him into a suitable book provided for that purpose.] filed in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
κ1975 Statutes of Nevada, Page 758 (CHAPTER 481, SB 239)κ
of parcel maps by the name of grant, tract, subdivision or United States subdivision.
2. The charge for filing any parcel map and for indexing the same shall be [$2.50.] $5.
________
Senate Bill No. 179Committee on Government Affairs
CHAPTER 482
AN ACT relating to certain water services and facilities; supplementing chapter 268, Statutes of Nevada 1967; authorizing the acquisition of certain water service facilities and properties appurtenant thereto and the issuance of bonds and other securities by the State of Nevada, acting by and through the division of Colorado River resources of the state department of conservation and natural resources; relating to the construction, other acquisition, equipment, operation, maintenance, improvement and disposition of properties appertaining to such facilities; otherwise concerning such securities and properties, and revenues, taxes and pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved May 17, 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, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 6, inclusive, of this act.
Sec. 2. Division means the division of Colorado River resources of the state department of conservation and natural resources.
Sec. 3. Facilities means collectively the federal facilities, as defined in this act, and the state facilities, as defined in this act.
Sec. 4. Federal facilities means the works, facilities and appurtenances constructed by the Federal Government under the authorization of the Southern Nevada Water Project Act, or by the State of Nevada pursuant to this act and other acts supplemental thereto, or by both the Federal Government and the state, including without limitation all pipelines, conduits, pumping plants, intake facilities, aqueducts, laterals, water storage and regulatory facilities, electric substations, and related works to be constructed for the purpose of transporting water from storage in Lake Mead to points of delivery established for the project within Clark County, Nevada.
Sec. 5. Project means the construction, other acquisition and improvement of the federal facilities, as defined in this act, and of the state facilities, as defined in this act, by the state, acting by and through the division, as authorized by this act and by other acts supplemental thereto.
Sec. 6. State facilities means the works, facilities and appurtenances constructed by the State of Nevada pursuant to this act and other acts supplemental thereto, for the acquisition of a water plant for the treatment of raw water and the disposal of potable water for industrial, commercial, residential, culinary, or domestic use, or any combination thereof, including, without limitation, collection and disposal lines, lands, easements, rights in lands, water rights, distribution and storage reservoirs, other storage facilities, trunk, connection and other water mains, inlets, tunnels, flumes, conduits, canals, hydrants, filtration works, meters, pumping and gaging stations, and equipment, in supplementation of the federal facilities, as herein defined.
κ1975 Statutes of Nevada, Page 759 (CHAPTER 482, SB 179)κ
treatment of raw water and the disposal of potable water for industrial, commercial, residential, culinary, or domestic use, or any combination thereof, including, without limitation, collection and disposal lines, lands, easements, rights in lands, water rights, distribution and storage reservoirs, other storage facilities, trunk, connection and other water mains, inlets, tunnels, flumes, conduits, canals, hydrants, filtration works, meters, pumping and gaging stations, and equipment, in supplementation of the federal facilities, as herein defined.
Sec. 7. 1. The division, on the behalf and in the name of the state, acting by order of the administrator of the division, may:
(a) Acquire, hold and improve the facilities;
(b) Acquire, hold, improve and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire the facilities, wholly or in part, directly by construction contract or otherwise, or indirectly by contract with the Federal Government, or any combination thereof, as the division may from time to time determine;
(d) Borrow money and otherwise become obligated in a total principal amount of not exceeding $60,000,000 to defray wholly or in part the cost of acquiring the state facilities, and issue state securities to evidence such obligations; and
(e) Borrow money and otherwise become obligated in a total principal amount of not exceeding $60,000,000 to defray wholly or in part the cost of acquiring the federal facilities, and issue state securities to evidence such obligations.
2. The power to issue securities hereunder in a total principal amount of not more than $60,000,000 under paragraph (e) of subsection 1 of this section, shall decrease to the extent, for the acquisition of the federal facilities, Congress by federal act appropriates funds, the Office of Management and Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to such earnings and any incidental expenses due under such contract; but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.
Sec. 8. 1. Subject to the limitations as to maximum principal amounts in section 7 of this act, the division may issue to defray the cost of the project, or any part thereof, at any time or from time to time after the adoption of this act, but not after 10 years from the effective date thereof, as the division may determine, the following types of state securities 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
κ1975 Statutes of Nevada, Page 760 (CHAPTER 482, SB 179)κ
(c) Any combination of such securities.
2. Nothing in this act shall be construed as preventing 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 contractual obligations, the net revenues pledged, if any, for the payment of state securities by the division may be derived from the operation of all or any part of the income-producing facilities under the jurisdiction of the division, including without limitation the facilities acquired by the project.
Sec. 9. Any and all contracts entered into pursuant to the provisions of this act shall not be binding upon the state 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.
Sec. 10. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special, particularly chapter 268, Statutes of Nevada 1967; 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. 11. 1. The legislature finds and declares that the issuance of securities and 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 the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
2. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of securities and the acquisition of property under this act.
Sec. 12. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 13. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 761κ
Assembly Bill No. 554Assemblyman Banner
CHAPTER 483
AN ACT relating to workmens compensation; expanding the administrative powers of the Nevada industrial commission and appeals officer in conducting hearings; expanding discovery powers; permitting the presentation of evidence by affidavit; authorizing district court to tax costs of a frivolous appeal and attorney fees on the party bringing such appeal; prescribing qualifications, salary and term of office of an appeals officer; and providing matters properly relating thereto.
[Approved May 17, 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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The appeals officer and the commission, in conducting hearings or other proceedings pursuant to the provisions of this chapter or regulations promulgated under this chapter may:
1. Issue subpenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
2. Administer oaths.
3. Certify to official acts.
4. Call and examine under oath any witness or party to a claim.
5. Maintain order.
6. Rule upon all questions arising during the course of a hearing or proceeding.
7. Permit discovery by deposition or interrogatories.
8. Initiate and hold conferences for the settlement or simplification of issues.
9. Dispose of procedural requests or similar matters.
10. Generally regulate and guide the course of a pending hearing or proceeding.
Sec. 3. At any time 10 or more days prior to a scheduled hearing before an appeals officer or the commission, a party shall mail or deliver to the opposing party any affidavit which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced into evidence, will have the same effect as if the affiant had given sworn testimony before the appeals officer or commission. If the opportunity to cross-examine an affiant is not given after the opposing party has made a request for such examination, the affidavit is subject to the provisions of NRS 233B.123 and Title 4 of NRS.
Sec. 4. If an appeal is taken to the district court from a final decision of the appeals officer and such appeal is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorneys fee to be paid by the party taking such appeal.
Sec. 5. NRS 616.218 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 762 (CHAPTER 483, AB 554)κ
616.218 The Nevada Administrative Procedure Act, chapter 233B of NRS, [shall apply] applies to all proceedings or hearings under this chapter [.] , but its application is controlled by the specific provisions of this chapter and the commission may by regulation provide for specific procedures not inconsistent with chapter 233B of NRS or this chapter.
Sec. 6. NRS 616.230 is hereby amended to read as follows:
616.230 If any person [shall disobey] disobeys an order of the appeals officer or the commission or a subpena issued by [it or by one of its] the commissioners, inspectors or examiners, or [shall refuse] either of them, or refuses to permit an inspection [, or shall, as a witness, refuse] , or as a witness, refuses to testify to any matter [regarding] for which he may be lawfully interrogated, then the district judge of the county in which the person resides, on application of [a commissioner or an examiner or inspector appointed by] the appeals officer or the commission, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from the court on a refusal to testify therein.
Sec. 7. NRS 616.235 is hereby amended to read as follows:
616.235 1. Each officer who serves a subpena shall receive the same fees as a sheriff.
2. Each witness who appears in obedience to a subpena before the appeals officer or commission [or an inspector or examiner shall] is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
3. Claims for witnesses fees shall be audited and paid from the state treasury in the same manner as other expenses are audited and paid upon the presentation of proper vouchers approved by the appeals officer or any two commissioners.
4. [No] A witness subpenaed at the instance of a party other than the appeals officer or commission [or an inspector or examiner shall be] is not entitled to compensation from the state treasury unless the commission [shall certify] certifies that his testimony was material to the matter investigated.
Sec. 8. NRS 616.240 is hereby amended to read as follows:
616.240 1. In an investigation, the commission may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.
2. After the initiation of a claim under the provisions of this chapter or chapter 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:
(a) Serve upon any other party written interrogatories to be answered by the party served; or
(b) Take the testimony of any person, including a party, by deposition upon oral examination.
Sec. 9. NRS 616.245 is hereby amended to read as follows:
616.245 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by the appeals officer or the commission, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer were present and testified to the facts so certified.
κ1975 Statutes of Nevada, Page 763 (CHAPTER 483, AB 554)κ
stenographer appointed by the appeals officer or the commission, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer were present and testified to the facts so certified.
2. A copy of the transcript shall be furnished on demand to any party upon the payment of the fee [therefor as provided] required for transcripts in courts of record.
Sec. 10. NRS 616.355 is hereby amended to read as follows:
616.355 Any physician, having attended an employee within the provisions of this chapter [,] or chapter 617 of NRS, in a professional capacity, may be required to testify before the appeals officer or the commission when it [shall so direct.] so directs. Information gained by the attending physician or surgeon, while in attendance on the injured employee, [shall not be considered] is not a privileged communication if required by the appeals officer or the commission for a proper understanding of the case and a determination of the rights involved.
Sec. 11. NRS 616.535 is hereby amended to read as follows:
616.535 1. Any employee entitled to receive compensation under this chapter is required, if requested by the appeals officer or the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the [rules] regulations of the commission.
2. The request or order for the examination shall fix a time and place therefor, due regard being had to the convenience of the employee, [and] his physical condition and ability to attend at the time and place fixed.
3. The employee [shall be] is entitled to have a physician, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination, or obstructs the same, his right to compensation shall be suspended until the examination has taken place, and no compensation [shall be] is payable during or for account of such period.
5. Any physician who [shall make or be present] makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 12. NRS 616.540 is hereby amended to read as follows:
616.540 1. If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee [shall be] is in controversy, the appeals officer or the commission [shall] may refer the case to the medical board which serves the appropriate medical board district.
2. Such medical board shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into such medical question or determination of the extent of disability. At the time set, such medical board shall make a full, complete and thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of the medical board members are in agreement, [shall] submit their findings, conclusions and recommendations, concerning medical questions only, to the appeals officer or the commission.
κ1975 Statutes of Nevada, Page 764 (CHAPTER 483, AB 554)κ
conclusions and recommendations, concerning medical questions only, to the appeals officer or the commission.
3. Should such medical board not be in agreement as to the findings, conclusions and recommendations, the members of such medical board shall submit separate and individual reports, concerning medical questions only, to the appeals officer of the commission.
Sec. 13. NRS 616.542 is hereby amended to read as follows:
616.542 1. The governor shall appoint an appeals officer to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Such appeals officer shall [serve at the pleasure of the governor and shall] hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. Such officer is entitled to receive an annual salary of not more than [$20,000,] $25,000 depending upon education, training and experience, to be paid from the state insurance fund.
2. Such appeals officer shall be familiar with the provisions of this chapter and chapter 617 of NRS and have 5 years experience in adjudication of workmens compensation claims or cases [.] or shall be an attorney licensed to practice law before all the courts of this state for a period of at least 2 years. The appeals officer shall not engage in the private practice of law after January 1, 1977.
3. If the appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing such case and the governor shall appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer shall be paid at an hourly rate, based upon the appeals officers salary, from money in the state insurance fund.
[3.] 4. The decision of the appeals officer [shall constitute a final decision under the Nevada Administrative Procedure Act] is the final administrative determination of a claim under this chapter or chapter 617 of NRS and the whole record, for the purposes of judicial review under [such act] the Nevada Administrative Procedure Act, shall be made up of all evidence taken at the hearing, before the appeals officer, and any findings of fact and conclusions of law based thereon.
Sec. 14. NRS 617.165 is hereby amended to read as follows:
617.165 The Nevada Administrative Procedure Act, chapter 233B of NRS, [shall apply] applies to all proceedings or hearings under this chapter [.] , but its application is controlled by the specific provisions of this chapter and the commission may by regulation provide for specific procedures not inconsistent with chapter 233B of NRS or this chapter.
Sec. 15. NRS 617.370 is hereby amended to read as follows:
617.370 1. Any employee claiming the right to receive compensation under this chapter may be required by the appeals officer or the commission to submit himself for medical examination at any time and from time to time at a place reasonably convenient for the employee.
2. If the employee refuses to submit to any such examination or obstructs the same, his right to have his claim for compensation considered if his claim is pending before the commission, or to receive any payments for compensation theretofore granted, shall be suspended during the period of such refusal or obstruction.
κ1975 Statutes of Nevada, Page 765 (CHAPTER 483, AB 554)κ
payments for compensation theretofore granted, shall be suspended during the period of such refusal or obstruction.
Sec. 16. NRS 616.225 is hereby repealed.
________
Assembly Bill No. 402Assemblyman Jacobsen
CHAPTER 484
AN ACT making an appropriation from the general fund in the state treasury to the University of Nevada for a study of the application and use of irrigation water in the drainage basins of the Truckee and Carson rivers.
[Approved May 17, 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 University of Nevada the sum of $7,500 for the fiscal year beginning July 1, 1975, and ending June 30, 1976, and $7,500 for the fiscal year beginning July 1, 1976, and ending June 30, 1977, for the purpose of allowing the agricultural extension service to make a study of the application and use of irrigation water within the drainage basins of the Truckee and Carson rivers.
________
Assembly Bill No. 403Committee on Labor and Management
CHAPTER 485
AN ACT relating to occupational safety and health; broadening the scope of the Nevada Occupational Safety and Health Act; changing the responsibilities of the director and the department of occupational safety and health in carrying out certain administrative functions; requiring certain reports to be filed by an employer; requiring enactment of additional regulations for employee protection; deleting certain provisions relating to hearings; providing employees and former employees with access to certain records; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 618.095 is hereby amended to read as follows:
618.095 Employer means:
1. The State of Nevada, any state agency, county, city, town, school district or other unit of local government;
2. Any public or quasi-public corporation;
3. Any person, firm, corporation, partnership or association; and
κ1975 Statutes of Nevada, Page 766 (CHAPTER 485, AB 403)κ
4. Any officer [, agent, manager, representative or other person who has control] or management official having direction or custody of any employment [, place of employment or of any] or employee.
Sec. 2. NRS 618.135 is hereby amended to read as follows:
618.135 Order means any decision, rule, regulation, direction, requirement or standard of the department or any other determination arrived at or decision made by the department under the safety and health provisions of this chapter.
Sec. 3. NRS 618.145 is hereby amended to read as follows:
618.145 Person means any individual, firm, association, partnership, corporation, [or] company [.] or public agency.
Sec. 4. NRS 618.195 is hereby amended to read as follows:
618.195 1. Each state agency and local government shall establish and maintain an effective and comprehensive occupational safety and health program consistent with the provisions promulgated under this chapter.
2. The state and local governments shall provide their employees with conditions of employment consistent with the objectives of this chapter, and comply with standards developed under NRS 618.295. [on or before July 1, 1974.]
Sec. 5. NRS 618.255 is hereby amended to read as follows:
618.255 1. The department may employ such qualified employees as in the opinion of the director are necessary to enforce the provisions of this chapter. Such personnel shall be employed under the provisions of chapter 284 of NRS.
2. Any safety [consultant] and health representative employed by the department shall have had at least 4 years practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.
3. The director and other employees of the department shall not be financially interested in any business interfering with, or inconsistent with, their duties. They shall give their entire time to the business of the department and shall not pursue any other business or vocation or hold any office of profit.
4. No employee of the department shall serve on any committee of any political party.
Sec. 6. NRS 618.295 is hereby amended to read as follows:
618.295 1. The department shall fix and adopt such reasonable and proper rules and regulations as are necessary to govern its procedures, and to provide safe and healthful employment in those employments within its jurisdiction.
2. The department shall not propose standards, rules or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.
3. The department may adopt and promulgate temporary emergency standards for the protection of employees [that] who are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards. Such [standards shall be] temporary emergency standards may be made effective for any period up to 6 months from the date of adoption or until superseded within 6 months by a standard [promulgated] adopted in accordance with [the procedures prescribed in the Nevada Administrative Procedure Act.]
κ1975 Statutes of Nevada, Page 767 (CHAPTER 485, AB 403)κ
be] temporary emergency standards may be made effective for any period up to 6 months from the date of adoption or until superseded within 6 months by a standard [promulgated] adopted in accordance with [the procedures prescribed in the Nevada Administrative Procedure Act.] subsection 9.
4. Standards established under this chapter shall apply equally to all places of employment.
5. Standards or regulations shall provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information shall include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.
6. If an employee has been exposed to a hazard and the department considers a medical examination necessary, the cost of such examination shall be paid by the employer. The results of such examination shall be furnished only to the department and, at the request of the employee, to the employees physician.
7. To protect employees from hazards, standards or regulations shall prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring such exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.
8. All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards.
9. All rules and regulations of the department shall be adopted under the provisions of the Nevada Administrative Procedure Act.
Sec. 7. 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 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 768 (CHAPTER 485, AB 403)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. 8. NRS 618.325 is hereby amended to read as follows:
618.325 1. The director and his representatives appointed under this chapter shall act [as consultants or representatives] with full power and authority to carry out and enforce the orders, standards and policies fixed by the department, and for the purposes set forth in this chapter may:
(a) Certify to official acts;
(b) Take depositions;
(c) Issue subpenas;
(d) Compel the attendance of witnesses; and
(e) Compel the production of books, papers, records, documents and testimony.
2. Upon presenting appropriate credentials to any employer, the director or his representative may:
(a) Enter without delay and at reasonable times any place of employment; and
(b) Inspect and investigate during regular working hours or at other reasonable times and within reasonable limits, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and question privately any such employer or an employee.
κ1975 Statutes of Nevada, Page 769 (CHAPTER 485, AB 403)κ
devices, equipment and materials therein, and question privately any such employer or an employee.
Sec. 9. NRS 618.345 is hereby amended to read as follows:
618.345 1. In order to further the purposes of this chapter, the department shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. Such program may, at the discretion of the commission, cover all employments.
2. To carry out the provisions of subsection 1, the department may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.
3. Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees shall be reported by the employer orally or in writing to the nearest office of the department within 48 hours after the accident has occurred.
4. All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.
[4.] 5. The department shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.
[5.] 6. Requests for variances to federal recordkeeping and reporting regulations shall be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All such variances granted by the Bureau of Labor Statistics shall be respected by the department.
Sec. 10. NRS 618.365 is hereby amended to read as follows:
618.365 1. This chapter does not supersede or in any manner affect the Nevada Industrial Insurance Act, the Nevada Occupational Diseases Act or enlarge, diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under the laws of this state with respect to injuries, occupational or other, diseases or death of employees arising out of or in the course of employment.
2. Statements, reports and information obtained or received by the department in connection with an investigation under, or the administration or enforcement of, the provisions of this chapter shall not be made available to any third party except as otherwise provided by this chapter nor admitted as evidence in any civil action other than an action for enforcement, variance hearing or review under this chapter. However, the information may be used for statistical purposes if the information revealed is not identified as applicable to any individual employer.
3. Any report of investigation or inspection or any information concerning trade secrets or secret industrial processes obtained under this chapter shall not be disclosed or open to public inspection except as such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any court proceeding under this chapter.
κ1975 Statutes of Nevada, Page 770 (CHAPTER 485, AB 403)κ
4. The department, the courts, and where applicable, the review board may issue such orders as may be appropriate to protect the confidentiality of trade secrets.
Sec. 11. NRS 618.375 is hereby amended to read as follows:
618.375 Every employer shall:
1. Furnish employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
2. Furnish and use such safety devices and safeguards, and adopt and use such practices, means, methods, operations and processes as are reasonably adequate to render such employment and places of employment safe and comply with all orders issued by the department.
3. Post prominently in the working place all posters and information provided by the department informing employees of their rights and obligations under this chapter.
4. Assign at least one person to be in charge of occupational safety and health.
5. Do every other thing reasonably necessary to protect the lives, [and] safety and health of employees.
Sec. 12. NRS 618.385 is hereby amended to read as follows:
618.385 An employer shall not:
1. Require, permit or suffer any employee to go or be in any employment or place of employment which is not safe [.] and healthful.
2. Fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe [.] and healthful.
3. Fail or neglect to do every other thing reasonably necessary to protect the life, [and] safety and health of such employees.
4. Maintain any place of employment that is not safe [.] and healthful.
Sec. 13. NRS 618.395 is hereby amended to read as follows:
618.395 An employer, owner or lessee of any real property in this state shall not construct, [or] cause to be constructed or maintain any place of employment that is not safe [.] and healthful.
Sec. 14. NRS 618.425 is hereby amended to read as follows:
618.425 1. Any employee or representative of employees believing that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an investigation by giving notice to the director or his representative of such violation or danger.
2. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice and shall be signed by the employee or representative of the employees. The name of any employee submitting a written complaint notice or names of employees contained therein shall be held confidential if so requested by the employee.
3. If upon receipt of such notification the department determines that there are reasonable grounds to believe that such violation or imminent danger exists, it shall make a special investigation as soon as practicable to determine whether such violation or imminent danger exists.
κ1975 Statutes of Nevada, Page 771 (CHAPTER 485, AB 403)κ
to determine whether such violation or imminent danger exists. If the department determines that there are no reasonable grounds to believe that a violation or imminent danger exists, it shall notify the employees or representative of employees of such determination.
Sec. 15. NRS 618.435 is hereby amended to read as follows:
618.435 1. Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the director or any representative of the director responsible for conducting the inspection, in writing, of any violation of this chapter which they have reason to believe exists in such workplace. The [director] department shall by regulation establish procedures for informal review of any refusal by a representative of the director to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the directors final disposition of the case.
2. An opportunity shall be afforded to a representative of the employer and an authorized representative of the employees to accompany the department representative during the physical inspection of the place of employment or, where there is no authorized representative of such employees, consultation shall be had with a reasonable number of such employees.
Sec. 16. NRS 618.445 is hereby amended to read as follows:
618.445 1. [No person shall] A person shall not discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.
2. [In any case arising under this section the employer shall reinstate the employee without loss of pay, seniority rights, position or like position, fringe benefits or other consideration to which he would have been entitled.] Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3, after first notifying his employer and the department of his intention to file the complaint. Any such complaint shall be filed with the department within 30 days after the violation has occurred and shall set forth in writing the facts constituting the violation.
3. Upon receipt of such complaint by the department, the director shall cause such investigation to be made as he deems appropriate. If upon such investigation, the director determines that the provisions of subsection 1 have been violated, he shall bring an action in any appropriate district court against the person who has committed the violation.
4. If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.
5. Any decision reached by the director relating to the filing of an action under this section shall be made available to the complaining employee within 90 days from the departments receipt of the complaint.
Sec. 17. NRS 618.465 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 772 (CHAPTER 485, AB 403)κ
618.465 1. If, upon inspection or investigation, the director or his authorized representative believes that an employer has violated a requirement of this chapter, or any standard, rule or order promulgated pursuant to this chapter, [he shall] the department shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the section of this chapter or the provision of the standard, rule, regulation or order alleged to have been violated. In addition the citation shall fix a reasonable time for the abatement of the violation. The director may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.
2. Each citation issued under this section, or a copy or copies thereof, shall be prominently posted as prescribed in regulations issued by the director at or near each place a violation referred to in the citation occurred.
3. No citation may be issued under this section after the expiration of 6 months following the occurrence of any violation.
Sec. 18. NRS 618.475 is hereby amended to read as follows:
618.475 1. If, after an inspection or investigation, the [director] department issues a citation under the provisions of this chapter, [he] it shall, within a reasonable time after the termination of such inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 15 working days within which to notify the [director] department that he wishes to contest the citation or proposed assessment of penalty. If, within 15 working days from the receipt of the notice issued by the [director,] department, the employer fails to notify the [director] department that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond his reasonable control, the department shall issue an order affirming or modifying the abatement requirements in such citation.
2. Any employee or his representative alleging that the time fixed in the citation for the abatement of a violation by his employer is unreasonable may, within 15 working days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the department to contest the reasonableness of such period of time for abatement of the violation and shall be notified in writing as to the time and place of hearing before the review board.
3. If no appeal is filed by an employee or his representative under subsection 2 of this section within the time limit of 15 working days, fixing of the period of time for the abatement of the violation shall become final and not subject to review by any court or the review board.
Sec. 19. (Deleted by amendment.)
κ1975 Statutes of Nevada, Page 773 (CHAPTER 485, AB 403)κ
Sec. 20. NRS 618.535 is hereby amended to read as follows:
618.535 Every order of the department, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this chapter, are admissible as evidence in any prosecution for the violation of any of the provisions, and shall, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety and health unless, prior to the institution of the prosecution of such violation or violations, proceedings for a rehearing thereon or a review thereof have been instituted and not then finally determined.
Sec. 21. NRS 618.545 is hereby amended to read as follows:
618.545 1. The district courts shall have jurisdiction, upon petition of the director, to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
2. Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than 5 days.
3. Whenever and as soon as [an inspector] a department representative concludes that conditions or practices described in subsection 1 exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the director that relief be sought.
Sec. 22. NRS 618.555 is hereby amended to read as follows:
618.555 If the director arbitrarily or capriciously fails to seek relief under [this chapter,] NRS 618.545, any employee who [is] may be injured by reason of such failure, or the representative of such employees may bring an action against the director in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.
Sec. 23. NRS 618.575 is hereby amended to read as follows:
618.575 [Immediately following the appointment of members to the first review board, such members shall meet and select from among themselves a chairman and a secretary who shall serve as chairman and secretary until July 1, 1974, at which time and annually thereafter, a succeeding chairman and secretary shall be selected by the members from among themselves.]
κ1975 Statutes of Nevada, Page 774 (CHAPTER 485, AB 403)κ
among themselves.] The members of the board shall annually select a chairman and secretary from among themselves.
Sec. 24. NRS 618.585 is hereby amended to read as follows:
618.585 1. The [review] board shall: [meet]
(a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, at such times and places as the chairman may determine; [, and shall perform]
(b) Enact rules and regulations governing the conduct of review hearings; and
(c) Perform such other duties as the commission may prescribe.
2. A quorum of such board shall be present in order for the conduct of review hearings or other business.
3. A quorum consists of at least one member representing labor, one member representing management and the member representing the general public.
4. All decisions of the board shall be determined by a majority decision.
5. A complete record of every review hearing shall be made.
Sec. 25. NRS 618.595 is hereby amended to read as follows:
618.595 Each member of the [review] board is entitled to reasonable travel expenses and subsistence allowances as provided by law, and compensation of $40 per day or portion thereof, for attendance at meetings of the board.
Sec. 26. NRS 618.605 is hereby amended to read as follows:
618.605 1. Upon the receipt of any written appeal or notice of contest under NRS 618.475, the commission shall within 15 working days notify the [review] board of such an appeal [.] or contest.
2. The [review] board shall hold a formal factfinding hearing and render its decision based on the evidence presented at such hearing.
3. Any employee of an employer or representative of such employee may participate in and give evidence at the hearing, subject to rules and regulations of the [commission] board governing the conduct of such hearings.
Sec. 27. NRS 618.615 is hereby amended to read as follows:
618.615 1. Any person aggrieved by any decision of the [review] board may, within 30 days after notice of such decision, institute proceedings in the appropriate district court for judicial review as prescribed in the Nevada Administrative Procedure Act.
2. If no proceeding for judicial review under subsection 1 is instituted within 30 days, the decision of the [review] board is final and not subject to review by any court.
Sec. 28. NRS 618.625 is hereby amended to read as follows:
618.625 1. The department may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the employer, the gravity of the violation, the good faith of the employer and the history of previous violations.
2. For purposes of this chapter, a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in such place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
κ1975 Statutes of Nevada, Page 775 (CHAPTER 485, AB 403)κ
processes which have been adopted or are in use in such place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
3. Administrative fines owed under this chapter shall be paid to the [commission.] department. Such fines may be recovered in a civil action in the name of the department brought in the district court for the county where the violation is alleged to have occurred or where the employer has his principal office.
Sec. 29. Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 30 to 32, inclusive, of this act.
Sec. 30. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard adopted under this chapter, and shall inform such employee of any action being taken to correct the condition.
Sec. 31. Each employer is entitled to access to any records in the possession of the department which concern such employer. If any such records contain the names of employees who have:
1. Submitted complaint notices to the department concerning such employer; and
2. Requested that their names remain confidential,
the department shall protect the identity of such employees.
Sec. 32. 1. Employees and former employees are entitled to access to any records in the possession of the department which concern such employees or their working environments.
2. Employees and former employees are entitled to access to any records in the possession of their employers or former employers which indicate their exposure to toxic materials or harmful physical agents.
Sec. 33. NRS 618.485 is hereby repealed.
Sec. 34. Section 25 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 490Committee on Transportation
CHAPTER 486
AN ACT relating to vehicles; authorizing police officers to remove, store or preserve vehicles and their contents under specified circumstances; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.397 is hereby amended to read as follows:
484.397 1. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to move it to a position off the paved or improved or main-traveled part of such highway.
κ1975 Statutes of Nevada, Page 776 (CHAPTER 486, AB 490)κ
of the vehicle to move it to a position off the paved or improved or main-traveled part of such highway.
2. Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.
3. Any police officer may remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to the nearest garage or other place of safekeeping if:
(a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; or
(b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any police officer provides for the removal of any vehicle pursuant to NRS 484.397 and has probable cause to believe that the vehicle or its contents constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense, the police officer shall take such steps as may be required by law and reasonably necessary to preserve the evidence, including but not limited to safe storage, until the evidence is released to the owner or otherwise disposed of according to law.
________
Assembly Bill No. 489Committee on Judiciary
CHAPTER 487
AN ACT relating to equal rights; providing procedures for hearings before the Nevada commission on equal rights of citizens; providing for the appointment of hearings officers; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233.070 is hereby amended to read as follows:
233.070 1. The commission shall receive and investigate complaints and initiate its own investigation of tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, national origin or ancestry, and may conduct private or public hearings with regard thereto.
κ1975 Statutes of Nevada, Page 777 (CHAPTER 487, AB 489)κ
2. The commission, after the completion of any hearing, shall make a report in writing to the governor setting forth the facts found by the commission and the commissions recommendations. The commission shall use its best efforts to bring about compliance with its recommendations.
3. The commission may subpena witnesses and require the production of any evidence relevant to any hearings conducted by the commission.
4. The commission may delegate its power to hold hearings, to issue subpenas and to require the production of evidence to one or more of its members or to one or more hearing officers whom it may employ. If a hearing is held pursuant to such delegation, the provisions of NRS 233B.124 govern the rendering of the decision, including the finding of facts upon which to base further action.
________
Assembly Bill No. 477Committee on Commerce
CHAPTER 488
AN ACT relating to the Unemployment Compensation Law; relaxing the standards for determining extended benefits for prescribed period.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which:
(a) Begins with the third week after whichever of the following weeks occurs first:
(1) A week for which there is a national on indicator; or
(2) A week for which there is a Nevada on indicator; and
(b) Ends with either of the following weeks, whichever occurs later:
(1) The third week after the first week for which there is both a national off indicator and a Nevada off indicator; or
(2) The 13th consecutive week of such period,
provided no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to Nevada; and provided, further, that no extended benefit period may become effective in Nevada prior to the 61st day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 and that, within the period beginning on such 61st day and ending on December 31, 1971, an extended benefit period may become effective and be terminated in Nevada, solely by reason of a Nevada on and a Nevada off indicator, respectively.
κ1975 Statutes of Nevada, Page 778 (CHAPTER 488, AB 477)κ
2. There is a national on indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded [4.5 percent.] :
(a) During the period commencing January 1, 1975, and ending December 31, 1976, 4 percent.
(b) After December 31, 1976, 4.5 percent.
3. There is a national off indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states was less than [4.5 percent.] :
(a) During the period commencing January 1, 1975, and ending December 31, 1976, 4 percent.
(b) After December 31, 1976, 4.5 percent.
4. There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:
(a) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and
(b) Equaled or exceeded 4 percent.
5. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(b) Was less than 4 percent.
6. Rate of insured unemployment, for purposes of subsections 4 and 5, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims in this state for the weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the executive director on the basis of his reports to the Secretary of Labor; by
(b) The average monthly employment covered under this chapter as determined by the executive director and recorded in department records for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
7. Regular benefits means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
8. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to an individual under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.
κ1975 Statutes of Nevada, Page 779 (CHAPTER 488, AB 477)κ
612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.
9. Additional benefits means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. An individual who is entitled to both additional and extended benefits for the same week shall be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.
10. Eligibility period of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
11. Exhaustee means an individual who, with respect to any week of unemployment in his eligibility period:
(a) Has received, prior to such week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year that includes such week; provided, for the purposes of this paragraph, an individual shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(b) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Candida; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
12. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
13. The provisions of paragraph (a) of subsection 4 and paragraph (a) of subsection 5 shall not be effective for weeks of employment beginning at any time during the period commencing January 1, 1975, and ending December 31, 1976.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 780κ
Assembly Bill No. 476Committee on Commerce
CHAPTER 489
AN ACT relating to the Unemployment Compensation Law; authorizing the employment security department to participate in the Comprehensive Employment and Training Act of 1973.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In order to continue to participate in programs under the Comprehensive Employment and Training Act of 1973 (P.L. 93203, 87 Stat. 839), the employment security department is authorized:
1. To administer training programs and to pay training allowances as provided by the Comprehensive Employment and Training Act of 1973;
2. To execute on behalf of this state agreements or contracts with the appropriate federal agencies, other prime sponsors and subcontractors, as described in the Act, containing such provisions as may be necessary or desirable to enable this state to participate in such programs;
3. To expend all funds made available for the purpose of such programs by this state or local subdivisions or by the Federal Government;
4. To supervise the expenditure of such funds and the conduct of such programs by other public and private agencies in this state, and to make reports and certifications as are called for; and
5. Otherwise to cooperate with the Federal Government, its departments and agencies and other prime sponsors in the administration of such programs.
________
Assembly Bill No. 465Committee on Government Affairs
CHAPTER 490
AN ACT relating to economic development revenue bonds; enlarging the determinations required prior to their issuance; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.920 is hereby amended to read as follows:
244.920 1. After holding a public hearing or hearings, as provided in NRS 244.9199, the board of county commissioners shall proceed no further unless or until by resolution it:
[1.] (a) Determines the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
κ1975 Statutes of Nevada, Page 781 (CHAPTER 490, AB 465)κ
[2.] (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives an evaluation study of the feasibility of the proposed project and the availability of financial resources to satisfy the requirements of paragraph (a) from an independent certified public accountant certified by the Nevada state board of accountancy or from a financial consulting firm incorporated in this state;
(d) Is furnished with evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments enjoys a rating by a nationally recognized bond rating organization sufficiently high for the comptroller of the currency to allow national banks to invest in bonds of the lessee, purchaser, other obligor or guarantor, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence;
(e) Determines that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and
[3.] (f) Determines, in the case of a project as defined in subsection 1 of NRS 244.9196, that the revenue which can reasonably be expected to be derived from normal operation of the project under normal economic conditions is sufficient with a suitable margin of safety to meet the obligations of a lease, purchase contract or financing agreement which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to [subsection 1;] paragraph (a). [and
4.] 2. The board may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the board desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting such approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or a lessees designee or a purchaser or a purchasers designee or an obligor or an obligors designee, [provides,] the board shall provide, or [determines] determine that there are provided, sufficient safeguards to assure that all money provided by the county will be expended solely for the purposes of the project.
Sec. 2. NRS 268.530 is hereby amended to read as follows:
268.530 1. After holding a public hearing or hearings, as provided in NRS 268.528, the governing body shall proceed no further unless or until it:
[1.] (a) Determines the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;
[2.] (b) Receives a 5-year operating history from the contemplated lessee or purchaser, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
κ1975 Statutes of Nevada, Page 782 (CHAPTER 490, AB 465)κ
(c) Receives an evaluation study of the feasibility of the proposed project and the availability of financial resources to satisfy the requirements of paragraph (a) from an independent certified public accountant certified by the Nevada state board of accountancy or from a financial consulting firm incorporated in this state;
(d) Is furnished with evidence that the contemplated lessee, purchaser or other enterprise which guarantees principal and interest payments enjoys a rating by a nationally recognized bond rating organization sufficiently high for the comptroller of the currency to allow national banks to invest in bonds of the lessee, purchaser or guarantor, except that a public utility regulated by the public service commission of Nevada is not required to furnish such evidence;
(e) Determines that the contemplated lessee or purchaser has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease or purchase contract meanwhile, until the point of profitable operation is reached; and
[3.] (f) Determines that the revenue which can reasonably be expected to be derived from normal operation of the facility under normal economic conditions is sufficient with a suitable margin of safety to meet the obligation of a lease or purchase contract which in turn will meet in full the debt service requirements of a bond issue to provide the amount of money determined pursuant to [subsection 1; and] paragraph (a).
[4.] 2. The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting such approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or a lessees designee [, provides] or a purchaser or a purchasers designee, the governing body shall provide sufficient safeguards to assure that all money provided by the city will be expended solely for the purposes of the project. Such provision shall include the requirement that any plans not prepared by or under the immediate direction of an appropriate officer of the city be submitted to the governing body for approval before a commitment is made to finance the project. The governing body shall consider in reviewing such plans whether the completed project will meet the economic requirements of [subsections 2 and 3.] subsection 1.
________
κ1975 Statutes of Nevada, Page 783κ
Assembly Bill No. 308Assemblymen Dreyer, Lowman, Hayes, Bremner, Sena, Banner, Robinson, Ford, Craddock, Schofield, Vergiels, Demers, Mann, Young, Harmon, Benkovich, Coulter, Jeffrey and Barengo
CHAPTER 491
AN ACT relating to mobile home parks; regulating the relation of landlord and tenant.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act:
1. Landlord means the owner, lessor or operator of a mobile home park.
2. Mobile home means a vehicular structure without independent motive power, built on a chassis or frame, which is:
(a) Designed to be used with or without a permanent foundation;
(b) Capable of being drawn by a motor vehicle; and
(c) Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.
3. Mobile home lot means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.
4. Mobile home park or park means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent.
Sec. 3. 1. An oral or written agreement between a landlord and tenant for a mobile home lot in a mobile home park in this state shall not be terminated by the landlord except upon notice in writing to the tenant:
(a) Thirty days in advance if the mobile home does not exceed 16 feet in width.
(b) Forty-five days if the mobile home exceeds 16 feet in width.
(c) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 5 of section 4 of this act.
2. The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination shall be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. Reference alone to a provision of section 4 of this act does not constitute sufficient specificity under this subsection.
3. The landlord shall not require the tenant to waive his rights under this section and any such waiver is contrary to public policy and is void.
4. Notwithstanding the provisions of sections 2 to 8, inclusive, of this act, the landlord and tenant may agree to a specific date for termination of the agreement.
Sec. 4. The rental agreement described in section 3 of this act may not be terminated except for one or more of the following:
κ1975 Statutes of Nevada, Page 784 (CHAPTER 491, AB 308)κ
1. Nonpayment of rent, utility charges or reasonable service charges.
2. Failure of the tenant to comply with:
(a) Any law, ordinance or governmental regulation pertaining to mobile homes; or
(b) Valid rules or regulations established pursuant to section 5 of this act.
3. Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants or interferes with park management.
4. Condemnation or a change in land use of the mobile home park.
5. Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140.
Sec. 5. 1. The landlord may adopt rules or regulations concerning the tenants use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.
2. Except as provided in subsection 3, such a rule or regulation is enforcible against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted after the tenant enters into the rental agreement is not enforcible unless the tenant consents to it or is given 60 days written notice of it.
3. A rule or regulation pertaining to recreational facilities in the mobile home park may be amended by the landlord without such notice or consent.
Sec. 6. The landlord shall not:
1. Charge:
(a) Any entrance or exit fee to a tenant assuming or leaving occupancy of a mobile home lot.
(b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home within the mobile home park even if he mobile home is to remain within the park, unless the landlord has acted as the mobile home owners agent in the sale pursuant to a written contract.
2. Deny any tenant the right to sell his mobile home within the park or require the tenant to remove the mobile home from the park solely on the basis of such sale, except as provided in section 7 of this act.
3. Prohibit any meetings held in the parks community or recreation facility by the tenants or occupants of any mobile home in the park to discuss mobile home living and affairs, if such meetings are held at reasonable hours and when the facility is not otherwise in use.
Sec. 7. 1. The landlord may require approval of a prospective buyer and tenant prior to the sale of a tenants mobile home, if the mobile home will remain in the park.
2. If a tenant sells his mobile home, the landlord may require that the mobile home be removed from the park if the mobile home is:
(a) Less than 12 feet wide;
(b) More than 10 years old;
(c) Deemed by the landlord to be in a rundown condition or in disrepair; or
(d) Unoccupied for more than 120 consecutive days prior to sale.
κ1975 Statutes of Nevada, Page 785 (CHAPTER 491, AB 308)κ
Sec. 8. The landlord shall provide each tenant with the text of the provisions of sections 3 to 7, inclusive, of this act in the rental agreement and in a notice posted in a conspicuous place in the parks community or recreation facility or other common area.
________
Assembly Bill No. 170Assemblymen Brookman, Mello, Glover, Mann, Vergiels, Jeffrey, Barengo, Bremner, Murphy, Price, Polish, Chaney, Weise, Banner, Hickey, Bennett, Harmon, Demers, Christensen, Young, Craddock, Schofield and Getto
CHAPTER 492
AN ACT permitting the issuance of identification cards by the department of motor vehicles to any person of a certain age who does not have a valid Nevada drivers license; providing for the payment of application fees; providing penalties; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. A need exists in this state for the creation of a system of identification for adult residents who do not hold a drivers license.
2. To serve this purpose, official identification cards should be prepared for issuance to those adult residents who wish to apply for them. The cards should be designed in such form and distributed pursuant to such controls that they will merit the general acceptability of drivers licenses for personal identification.
Sec. 3. 1. Every adult resident of this state who does not hold a Nevada drivers license and makes an application as provided in this chapter is entitled to receive an identification card.
2. The department of motor vehicles shall charge and collect the same fees for issuance of an original, duplicate or changed identification card as for a drivers license.
Sec. 4. The director of the department of motor vehicles shall:
1. Prepare suitable identification cards.
2. Prepare and furnish application forms for such cards.
3. Receive applications, grant or deny them and maintain files of applications.
4. Issue identification cards, recall and cancel cards when necessary, and maintain records adequate to preserve the integrity of the identification card system.
Sec. 5. 1. The form of the identification cards shall be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicle.
κ1975 Statutes of Nevada, Page 786 (CHAPTER 492, AB 170)κ
3. Identification cards shall include the following information concerning the holder:
(a) Name and sample signature of holder.
(b) Social security number or serial number of holders card.
(c) Personal description.
(d) Date of birth.
(e) Current address.
(f) A photograph of the type required by NRS 483.347 for drivers licenses.
Sec. 6. 1. Every application for an identification card shall be made upon a form provided by the department of motor vehicles and shall include:
(a) The applicants full name.
(b) His social security number, if any.
(c) His date of birth.
(d) His state of legal residence.
(e) His current address.
(f) A statement that he does not possess a valid Nevada drivers license.
2. When the form is completed, the applicant shall sign the form and verify the contents before a person authorized to administer oaths.
Sec. 7. Every applicant for an identification card shall furnish proof of his age by presenting a birth certificate, baptismal certificate or other proof acceptable to the department of motor vehicles and shall provide such other corroboration of the matters stated in his application as are required of applicants for a drivers license.
Sec. 8. 1. An identification card once issued remains valid so long as the person does not become licensed to drive a motor vehicle, and the facts and circumstances declared in the application and stated in the card do not change. An identification card shall be surrendered upon issuance of a drivers license.
2. The holder of an identification card shall promptly report any change in such information to the department of motor vehicles.
3. Any change occurring in the holders address or name (as the result of marriage or otherwise) or any loss of an identification card shall be reported within 10 days of the occurrence to the department.
Sec. 9. 1. Upon furnishing information that his identification card is lost or destroyed and paying the prescribed fee, the person to whom the original was issued may obtain a duplicate.
2. If the original of a duplicated card is subsequently recovered or a lost card is found, the person having possession shall return it immediately to the department of motor vehicles.
Sec. 10. A person who:
1. Forges or alters an identification card or knowingly possesses an altered or forged identification card;
2. Refuses to surrender an identification card for cancellation when so directed by the department of motor vehicles;
3. Lends his identification card to another person for the others use or uses a card issued to another person; or
κ1975 Statutes of Nevada, Page 787 (CHAPTER 492, AB 170)κ
4. Willfully fails to surrender to the department of motor vehicles within 10 days anothers identification card coming into his possession or to return it to the proper holder,
is guilty of a misdemeanor.
Sec. 11. NRS 427A.140, 427A.150, 427A.160, 427A.170, 427A.180, 427A.190, 427A.200, 427A.210, 427A.220 and 427A.230 are hereby repealed.
Sec. 12. The provisions of paragraph (f) of subsection 3 of section 5 of this act, relating to photographs of identification cardholders, shall become effective on January 1, 1976.
________
Assembly Bill No. 151Committee on Transportation
CHAPTER 493
AN ACT relating to drivers licenses; reducing penalty for driving under the influence of intoxicating liquor or controlled substances in certain circumstances; transferring certain revocation provisions between chapters of NRS; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.460 is hereby amended to read as follows:
483.460 1. Unless otherwise provided by law, the department shall forthwith revoke, for a period of 1 year, the license of any driver upon receiving a record of such drivers conviction of any of the following offenses, when such conviction has become final:
[1.] (a) Manslaughter resulting from the driving of a motor vehicle.
[2.] (b) Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
[3.] (c) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
[4.] (d) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
[5.] (e) Conviction, or forfeiture of bail not vacated, upon three charges or reckless driving committed within a period of 12 months.
(f) A second or subsequent conviction after 3 years but within 7 years of a prior conviction for driving under the influence of intoxicating liquor or any controlled substance.
2. The department shall revoke for 2 years the license of any driver convicted of a second or subsequent offense within 3 years of a prior conviction for driving under the influence of intoxicating liquor or any controlled substance.
κ1975 Statutes of Nevada, Page 788 (CHAPTER 493, AB 151)κ
Sec. 2. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.
2. It is unlawful for any person who is an habitual user of or under the influence of any controlled substance or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.
3. Any person who violates the provisions of this section is guilty of a misdemeanor and such persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.
4. Upon a subsequent conviction within 3 years, [for an offense under the provisions of this section,] the person so convicted shall be punished by [mandatory] confinement in the county or municipal jail for not less than 10 days, nor more than 6 months [. Such person may also be punished] or by a fine of not more than $500 or by both such fine and imprisonment. [His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
5. Upon a subsequent conviction, after 3 years, but within 7 years, for an offense under the provisions of this section, the person so convicted shall have his license revoked by the department for a period of 1 year.
6.] 5. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
[7.] 6. Any term of confinement imposed under the provisions of subsection 4 may be served intermittently at the discretion of the judge or justice of the peace. This discretion shall be exercised after considering all the circumstances surrounding the offense, and the family and employment situation of a person convicted. However, the full term of confinement shall be served within a 6-month period from the date of conviction, and any segment of time the person is confined shall not consist of less than a 24-hour period.
[8.] 7. Jail sentences simultaneously imposed under this section, and NRS 483.560 or 485.330, shall run consecutively.
________
κ1975 Statutes of Nevada, Page 789κ
Assembly Bill No. 108Assemblymen Bennett, Lowman and Chaney
CHAPTER 494
AN ACT relating to child abuse and neglect; expanding duties of welfare division in child abuse and neglect cases; establishing a statewide central registry for child abuse and neglect and requiring that central registry information be confidential; providing penalties; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3.5 of this act.
Sec. 2. 1. As used in NRS 200.501 to 200.508, inclusive, and sections 2 and 3.5 of this act, child abuse and neglect means the nonaccidental physical or mental injury, sexual abuse, negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances which indicate that the childs health or welfare is harmed or threatened thereby.
2. A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment.
Sec. 3. (Deleted by amendment.)
Sec. 3.5. 1. Reports made pursuant to NRS 200.501 to 200.508, inclusive, and sections 2 and 3.5 of this act, as well as all records concerning such reports and investigations thereof, are confidential.
2. Any person, law enforcement agency, or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigations of child abuse and neglect, except:
(a) Pursuant to criminal prosecution under the provisions of NRS 200.501 to 200.508, inclusive, and sections 2 and 3.5 of this act; and
(b) To persons or agencies enumerated in subsection 3 of this section,
is guilty of a misdemeanor.
3. Data or information concerning the reports and investigations of child abuse and neglect shall be made available only to:
(a) A physician who has before him a child who he reasonably believes may have been abused or neglected;
(b) A person authorized to place a child in protective custody when such person has before him a child who he reasonably believes may have been abused or neglected and such person requires the information to place the child in protective custody;
(c) Any agency responsible for, or authorized to perform and undertaking, the care, treatment or supervision of:
(1) The child; or
(2) The childs parent, guardian or other person who is responsible for the childs welfare;
κ1975 Statutes of Nevada, Page 790 (CHAPTER 494, AB 108)κ
(d) A district attorney or other law enforcement official who requires the information in connection with an investigation of child abuse and neglect;
(e) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research, but the identity of the subjects of the report shall remain confidential;
(g) A childs guardian ad litem;
(h) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(i) Any comparable authorized person or agency in another jurisdiction.
(j) A parent or legal guardian of the child, provided that the identity of the person or persons who were responsible for reporting the alleged child abuse and neglect to a public agency is protected; or
(k) The person named in the report as allegedly being abused or neglected, provided that such person is not a minor or otherwise legally incompetent.
Sec. 4. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 9, inclusive, of this act.
Sec. 5. 1. As used in sections 5 to 9, inclusive, of this act, child abuse and neglect means the nonaccidental physical or mental injury, sexual abuse, negligent treatment or maltreatment of a child under the age of 18 years by a person who is responsible for the childs welfare under circumstances which indicate that the childs health or welfare is harmed or threatened thereby.
2. A child is not abused or neglected, nor is his health or welfare harmed or threatened for the sole reason that his parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for such child, if such treatment is recognized and permitted under the laws of this state in lieu of medical treatment.
Sec. 6. There is hereby established a statewide central registry for child abuse and neglect. The statewide central registry shall be maintained by and in the central office of the welfare division.
Sec. 7. The welfare division shall maintain a record of the names and identifying data, dates and circumstances of any persons requesting or receiving information from the central registry, and any other information which might be helpful in furthering the purposes of sections 8 and 9 of this act.
Sec. 8. 1. Reports made to the central registry established under section 6 of this act, as well as any other information obtained for central registry purposes and in the possession of the welfare division, is confidential and shall be made available only to persons and agencies enumerated in section 3.5 of this act.
2. Central registry information shall not be released unless the right of the applicant to the information is confirmed by the welfare division, and the released information discloses the nature of the disposition of the case or its current status.
3. A person given access to names or other information identifying a subject of the report shall not divulge or make public such identifying information unless he is a district attorney or other law enforcement official and the purpose concerns court action.
κ1975 Statutes of Nevada, Page 791 (CHAPTER 494, AB 108)κ
4. Unless an investigation of a report, conducted pursuant to NRS 200.501 to 200.508, inclusive, and sections 2 and 3.5 of this act, reveals some credible evidence of alleged child abuse or neglect, all information identifying the subject of a report shall be expunged from the central registry forthwith. In all other cases, the record of the report to the central registry shall be sealed no later than 10 years after the subject child reaches the age of 18.
Sec. 9. Any person who willfully releases data or information contained in the central registry to unauthorized persons in violation of sections 3.5 and 8 of this act is guilty of a misdemeanor.
Sec. 10. NRS 200.501 is hereby amended to read as follows:
200.501 It is the policy of this state [to provide for the protection of children who have had physical injury inflicted upon them or who are physically neglected and who, in the absence of appropriate reports concerning their condition and circumstances, may be further threatened by the conduct or neglect of those responsible for their care and protection.] to provide for the cooperation of law enforcement officials, courts of competent jurisdiction, and all appropriate state agencies providing human services in relation to preventing, identifying and treating child abuse and neglect, through the complete reporting of child abuse and neglect and investigation of such reports by a social agency and the provision of services where needed, to protect the best interests of the child, to offer protective services in order to prevent any further harm to the child, to preserve family life whenever possible and to provide the child a temporary or permanent safe environment when necessary.
Sec. 11. NRS 200.502 is hereby amended to read as follows:
200.502 1. A report, as provided in NRS 200.503, shall be made promptly to the local office of the welfare division of the department of human resources, to any county agency authorized by the juvenile court to receive such reports, or to any police department or sheriffs office when there is reason to believe that a child under 18 years of age [has had serious injury or injuries inflicted on him as a result of abuse or neglect.] has been abused or neglected. If the report of child abuse and neglect involves the acts or omissions of the welfare division or a county agency authorized by the juvenile court to receive such reports, or a law enforcement agency, the report shall be made to and the investigation made by an agency other than the one alleged to have committed the acts or omissions. Upon the receipt of a report concerning the possible [nonaccidental infliction of a physical injury upon a child, or willful neglect] abuse or neglect of a child, it [shall be] is the duty of the welfare division, county agency or law enforcement agency promptly to investigate. The law enforcement agency shall forthwith refer such report to the local office of the welfare division or county agency. The welfare division or county agency shall perform the duties provided in NRS 200.504. No child about whom such report is made shall be removed from his parents, stepparents, guardian or other persons having lawful custody by such law enforcement agency without consultation with the division unless, in the judgment of the reporting physician or such law enforcement agency, immediate removal is considered essential to protect the child from further injury or abuse.
κ1975 Statutes of Nevada, Page 792 (CHAPTER 494, AB 108)κ
2. Such report shall be made:
(a) By every physician or surgeon, including doctors of medicine, dentistry and osteopathy, chiropractic physicians, optometrists, residents and interns, licensed in this state, examining, attending or treating such child.
(b) By the superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which shall be provided by every such physician or surgeon whose attendance with respect to such child is pursuant to his performance of services as a member of the staff of such hospital or institution.
(c) By every nurse, licensed to practice professional nursing in this state, examining, attending or treating such child in the absence of such physician or surgeon.
(d) By every attorney, clergyman, social worker, school authority and teacher.
(e) By every person who maintains or is employed by a licensed child care facility or childrens camp.
3. A similar report may be made by any other person.
Sec. 12. NRS 200.504 is hereby amended to read as follows:
200.504 1. The welfare division of the department of human resources or the authorized county agency shall:
(a) File with the central registry for child abuse and neglect, established under section 6 of this act, a copy of each report received by or referred to them under NRS 200.502.
(b) Investigate each report made under NRS 200.502 received or referred to it by a law enforcement agency to determine the circumstances surrounding the injury or injuries, the cause thereof, and the person or persons responsible.
[(b) Advise the referring law enforcement agency, if any, of its investigation.]
(c) Report the following information to the central registry at the time of the completion of the investigation required by paragraph (b) of this section:
(1) Identifying and demographic information on the child alleged to be abused or neglected, his parents and the person or persons allegedly responsible for the abuse or neglect.
(2) The facts of the alleged child abuse or neglect, including the date and type of alleged child abuse or neglect, the manner in which abuse was inflicted and the severity of the injuries.
(d) Upon disposition of the case, report the nature of the disposition to the central registry and the referring law enforcement agency, if any.
(e) Provide such social services as are necessary to protect the child and preserve the family.
2. The welfare division shall advise each authorized county agency of any report received or referred and investigation made in that county. Each authorized county agency shall advise the welfare division of each report received or referred and investigation made.
3. If the division or agency determines that further action is necessary to protect the child [it] who is the subject of the report, as well as any other child under the same care who may be in danger of abuse or neglect, the division or agency may refer the case to the district attorney for criminal prosecution or it may [file a petition in dependency] recommend the filing of a petition in the juvenile division of the district court as provided in chapter 62 of NRS.
κ1975 Statutes of Nevada, Page 793 (CHAPTER 494, AB 108)κ
neglect, the division or agency may refer the case to the district attorney for criminal prosecution or it may [file a petition in dependency] recommend the filing of a petition in the juvenile division of the district court as provided in chapter 62 of NRS.
Sec. 13. NRS 62.310 is hereby amended to read as follows:
62.310 1. In carrying out the objects and purposes of this chapter, the juvenile court may utilize the services and facilities of the welfare division of the department of human resources provided by such division pursuant to the provisions of chapter 432 of NRS.
2. The welfare division is responsible for determining the plans, placements and services to be provided any child pursuant to chapter 432 of NRS.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 9Assemblyman Getto
CHAPTER 495
AN ACT relating to real estate licenses; permitting applicants to take real estate brokers examinations prior to completion of experiential requirements and providing a broker-salesmans license for such applicants who are successful; amending provisions concerning the issuance of licenses; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An applicant for a real estate brokers license may take the written examination for such license upon furnishing proof satisfactory to the real estate division that he has complied with all the requirements for a brokers license with the exception of the experiential requirements of subsection 3 of NRS 645.330; but the real estate division shall not approve the issuance of a brokers license until all the requirements of this chapter are met.
2. An applicant, pursuant to subsection 1, who passes the brokers examination shall be issued a broker-salesmans license. Such an applicant may be issued a brokers license upon:
(a) Making proper application to the real estate division; and
(b) Satisfying the experiential requirements of subsection 3 of NRS 645.330.
Sec. 2. NRS 645.035 is hereby amended to read as follows:
645.035 1. Within the meaning of this chapter, a real estate broker-salesman is any person who holds a real estate brokers license, or who has passed the real estate brokers examination pursuant to the provisions of section 1 of this act, but who is employed or engaged, for compensation or otherwise, by a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
κ1975 Statutes of Nevada, Page 794 (CHAPTER 495, AB 9)κ
salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
2. In this chapter wherever the term real estate salesman appears the same shall, when applicable, mean real estate broker-salesman.
Sec. 3. NRS 645.330 is hereby amended to read as follows:
645.330 1. Licenses shall be granted only to persons who:
(a) Bear a good reputation for honesty, truthfulness and fair dealing.
(b) Are of good moral character.
(c) Are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public.
2. An applicant must be a person whose application has not been rejected or denied, except for a failure to pass the written examination, in this or any other state within the period of 1 year prior to the application, or whose real estate license has not been revoked in this or any other state, district or territory of the United States or in any foreign country within 1 year prior to the date of application.
3. A person shall not be licensed as a real estate broker unless he has been [licensed as a real estate salesman in this state, or licensed as a] actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 years immediately prior to the [date of examination.] issuance of a brokers license.
Sec. 4. NRS 645.343 is hereby amended to read as follows:
645.343 1. [In] Except as provided in section 1 of this act, and in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers, broker-salesmans or salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in real estate principles, practices, procedures and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
2. Prior to July 1, 1974, an applicant for an original real estate brokers license may substitute, in lieu of the educational requirement, proof satisfactory to the real estate division that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least 2 years within the 4 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business or real estate salesman or broker.
3. On and after July 1, 1974, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed [:
(a) A] a college level course of three semester units or an equivalent number of quarter units in real estate law and another course of equal length in the principles of real estate. [; and
(b) Two years of full-time active experience as a real estate salesman licensed under the provisions of this chapter.]
κ1975 Statutes of Nevada, Page 795 (CHAPTER 495, AB 9)κ
4. On and after January 1, 1976, in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics.
5. On and after January 1, 1978, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
6. On and after January 1, 1982, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses.
7. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers license shall furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
8. On and after January 1, 1978, for the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter shall receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman.
9. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting such requirements.
10. An applicant for a brokers examination pursuant to section 1 of this act shall meet the educational prerequisites applicable on the date his application is received by the real estate division.
Sec. 5. NRS 645.410 is hereby amended to read as follows:
645.410 1. [Every] Except as provided in subsection 2, every application for a license as real estate broker or real estate salesman under the provisions of this chapter shall be accompanied by the examination fee prescribed by this chapter. The applicant shall pay the original license fee and the real estate education, research and recovery fund fee within 30 days after he is notified in writing by the division that he has passed the examination. If an applicant fails to pay the prescribed fees within 30 days of such notification, no license shall be issued to him except upon another original application, except that within 1 year of the due date a license may be issued upon payment of a fee one and one-half times the amount otherwise required for a license.
2. If an applicant for a brokers license has taken the examination prior to meeting the experiential requirements of subsection 3 of NRS 645.330, he shall pay the fee required in subsection 1 after he has met all requirements qualifying him for a brokers license and at the time he makes application to change his license status from broker-salesman to broker.
κ1975 Statutes of Nevada, Page 796 (CHAPTER 495, AB 9)κ
makes application to change his license status from broker-salesman to broker.
Sec. 6. NRS 645.420 is hereby amended to read as follows:
645.420 1. [All] Except as provided in subsection 2, all applications for licenses as real estate brokers or real estate salesmen shall be acted upon by the real estate division within 30 days from the date of the written examination, as provided and schedules in NRS 645.450, next following the filing of applications therefor. No license shall be issued by the real estate division until the application therefor has been approved by the commission.
2. All applications for licenses as real estate brokers where the applicant takes the written examination prior to meeting the experiential requirements of subsection 3 of NRS 645.330 shall be acted upon by the real estate division within 30 days from the date the applicant furnishes proof satisfactory to the division that all the requirements of this chapter have been met.
3. If in the opinion of the real estate division additional investigation of the applicant appears necessary, the real estate division may extend the 30-day period and may make such additional investigation as it deems necessary or desirable prior to acting on the applicants application.
[3.] 4. The burden of proof shall in every respect be upon the applicant to establish to the satisfaction of the real estate division that he is qualified to receive a license.
[4.] 5. The division shall notify each applicant in writing of his passing or failing the examination.
________
Assembly Bill No. 4Assemblyman Banner
CHAPTER 496
AN ACT relating to industrial insurance; enlarging the right of employees to be treated by a physician of their choice; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.415 is hereby amended to read as follows:
616.415 1. Every employer operating under this chapter, alone or together with other employers, may make arrangements for the purpose of providing accident benefits as defined in this chapter for injured employees.
2. Employers electing to make such arrangements for providing accident benefits shall notify the commission of such election and render a detailed statement of the arrangements made, which arrangements shall not become effective until approved by the commission.
κ1975 Statutes of Nevada, Page 797 (CHAPTER 496, AB 4)κ
3. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the commission for the preceding year, which report shall contain a statement showing:
(a) Total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers; and
(b) An itemized account of the expenditures, investments or other disposition of such fees; and
(c) What balance, if any, remains.
Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager or other executive officer, if a corporation; by the physician, if contracted to a physician.
4. No employee is required to accept the services of a physician provided by his employer, but may seek professional medical services of his choice as provided in NRS 616.342. Expenses arising from such medical services shall be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.
5. Every employer who fails to notify the commission of such election and arrangements, or who fails to render the financial report required, shall be liable for accident benefits as provided by NRS 616.410.
Sec. 2. NRS 616.420 is hereby amended to read as follows:
616.420 If it be shown or the commission finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the commission may, upon application of the employee, or upon its own motion, order a change of physicians or of any other accident benefit requirements, and if the employer fails to comply promptly with such order, the injured employee may elect to have accident benefits provided by or through the commission, in which event the cause of action of the injured employee against the employer or hospital association shall be assigned to the commission for the benefit of the state insurance fund, and the commission shall furnish to the injured employee the accident benefits provided for in this chapter.
________
κ1975 Statutes of Nevada, Page 798κ
Senate Bill No. 596Committee on Finance
CHAPTER 497
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved May 17, 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 $250,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 507Senators Gojack, Young and Raggio
CHAPTER 498
AN ACT relating to the militia of the state; removing the obsolete reference to sex as a qualification for membership; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.026 is hereby amended to read as follows:
412.026 1. The militia of the state is composed of the Nevada National Guard and, when called into active service by the governor, the Nevada National Guard Reserve and any volunteer organizations licensed by the governor.
2. The Nevada National Guard is an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and 62 years, divided into the Nevada Army National Guard and the Nevada Air National Guard.
3. The Nevada National Guard Reserve is an unorganized body comprising all able-bodied [male] residents of the state between the ages of 17 and 64 years who:
(a) Are not serving in any force of the Nevada National Guard;
(b) Are or have declared their intention to become citizens of the United States; and
(c) Are not exempted from military duty under the laws of this state or the United States.
4. If a volunteer organization is formed and becomes licensed by the governor, it shall consist of an organized body of able-bodied [male] residents of the state between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.
κ1975 Statutes of Nevada, Page 799 (CHAPTER 498, SB 507)κ
Sec. 2 NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general shall:
1. Supervise the preparation and submission of all such returns and reports pertaining to the militia of the state as may be required by the United States.
2. Be the channel of official military correspondence with the governor, and, shall, on or before November 1 of each even-numbered year, make a report to the governor of the transactions, expenditures and condition of the Nevada National Guard. The report shall include the report of the United States Property and Fiscal Officer.
3. Be the custodian of records of officers and enlisted [men] personnel and all other records and papers required by law or regulations to be filed in his office. He many deposit with the division of state, county and municipal archives in the office of the secretary of state for safekeeping in the secretary of states official custody records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Record, authenticate and communicate to troops and individuals of the militia all orders, instructions and regulations.
6. Cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training thereof or to carry into effect the provisions of this chapter.
7. Have an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. Render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
9. In time of peace, perform the duties of quartermaster general and chief of ordnance.
Sec. 3 NRS 412.116 is hereby amended to read as follows:
412.116 1. The forces of the Nevada National Guard shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and department regulations.
2. It hereby is declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color, sex or national origin.
Sec. 4 NRS 412.118 is hereby amended to read as follows:
412.118 Members and units of the Nevada National Guard shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal laws and regulations and department regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted [men] personnel of his command to meet for ceremonies, parades or training at such times and places as he may appoint.
κ1975 Statutes of Nevada, Page 800 (CHAPTER 498, SB 507)κ
command to meet for ceremonies, parades or training at such times and places as he may appoint.
Sec. 5. NRS 412.558 is hereby amended to read as follows:
412.558 Any commissioned officer who is convicted of conduct unbecoming an officer [and a gentleman] shall be punished as a court-martial may direct.
Sec. 6. NRS 412.604 is hereby amended to read as follows:
412.604 1. It is unlawful for any body of [men] persons whatever, other than the Nevada National Guard and the troops of the United States, the associate themselves together as a military company or organization to drill or parade with arms in any city or town of this state, without the license of the governor, which license may at any time be revoked.
2. Students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor.
3. Nothing contained in this section shall be construed so as to prevent members of benevolent or social organizations from wearing swords.
4. Any person violating any of the provisions of this section is guilty of a misdemeanor.
________
Senate Bill No. 464Committee on Environment and Public Resources
CHAPTER 499
AN ACT relating to hunting and fishing licenses, tags and permits; providing new procedure for issuing nonresident landowner deer tags; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.230 is hereby amended to read as follows:
502.230 1. [Nothing in NRS 503.245 shall be construed as a limitation upon the issuance of a hunting license to any nonresident of this state, or to the immediate members of such nonresidents family, who is a bona fide property owner of land within this state, for the right to hunt upon that land which he has title to if not less than 75 percent of all land belonging to the property owner in the State of Nevada and upon which he proposes to hunt is open to the public for hunting.
2. Such nonresident may hunt deer, upland game birds, waterfowl and any other game birds or animals during the same periods and subject to the same limitations as may be allowed or imposed upon residents of Nevada in connection with such hunting if such nonresident has first complied with all the other requirements of the State of Nevada regulating hunting.
κ1975 Statutes of Nevada, Page 801 (CHAPTER 499, SB 464)κ
3. Licenses to be issued to nonresident landowners shall be issued by either the commission or its agents only upon proof of the applicants title to certain lands within this state.
4. Such license or permit shall be issued only upon payment of the regular nonresident fee and shall be valid for use only on the land owned and described.] A nonresident deer tag for regular season may be issued to any nonresident of this state or to the immediate members of such nonresidents family, as a bona fide owner of land within this state, for the privilege to hunt upon that land to which he has title, if not less than 75 percent of all land belonging to him in the State of Nevada and upon which he proposes to hunt is open to the public for hunting.
2. Such nonresident may hunt deer during the same periods and subject to the same limitations as may be allowed or imposed upon residents of Nevada in connection with such hunting if such nonresident has first obtained a nonresident hunting license.
3. A nonresident deer tag for the regular season shall be issued by the department only upon proof of the applicants title to certain lands within this state. The commission shall adopt and promulgate regulations establishing requirements for obtaining tags, including a determination that the land proposed for hunting is deer habitat.
4. Such nonresident deer tag for the regular season shall be issued only upon payment of the regular nonresident fee and shall be valid for use only on the land owned and described, and such nonresident deer tag for the regular season shall indicate nonresident landowner.
________
Senate Bill No. 324Committee on Environment and Public Resources
CHAPTER 500
AN ACT relating to the Nevada state park system; establishing additional standards for the adoption of regulations by the administrator; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 407.0475 is hereby amended to read as follows:
407.0475 1. The administrator shall from time to time adopt, amend and rescind such regulations as he finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the system [.] , and such regulations have the force of law. Such regulations may include, but need not be limited to, prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the system.
2. Any regulations relating to the conduct of persons within park or recreational facilities shall:
(a) Be directed toward one or both of the following:
κ1975 Statutes of Nevada, Page 802 (CHAPTER 500, SB 324)κ
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the people of this state through the preservation and use of the facility.
(b) Apply separately to each park, monument and be designed to fit the conditions or recreation area, existing at that park, monument or recreation area.
3. Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with such regulation upon request by any ranger or employee of the system who has been designated a peace officer pursuant to NRS 407.065, is guilty of a misdemeanor.
________
Senate Bill No. 63Committee on Transportation
CHAPTER 501
AN ACT relating to drivers licenses; providing for special drivers licenses for law enforcement agencies; providing a penalty; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall (upon payment of the required fee) issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee.
2. The department may issue a drivers license for identification purposes only for use by officers of local police and sheriffs departments and agents of the investigation and narcotics division of the department of law enforcement assistance while engaged in special undercover narcotics or prostitution investigations. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license shall be made through the head of the police or sheriffs department or the chief of the investigation and narcotics division. Such a license shall be exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which it was issued.
________
κ1975 Statutes of Nevada, Page 803κ
Senate Bill No. 254Senators Wilson, Dodge, Gibson, Gojack and Hilbrecht
CHAPTER 502
AN ACT relating to the Tahoe Regional Planning Agency; providing changes in the composition of the agencys governing body; clarifying certain provisions; providing technical corrections; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that the waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
(b) It is further declared that by virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
(c) It is further found and declared that there is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, to preserve the scenic beauty and recreational opportunities of the region, and it is recognized that for the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to adopt and enforce a regional plan of resource conservation and orderly development, to exercise effective environmental controls and to perform other essential functions, as enumerated in this title.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of [the Counties of Douglas, Ormsby, and Washoe] Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be considered a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 [,] North, Range 16 East, M.D.B.
κ1975 Statutes of Nevada, Page 804 (CHAPTER 502, SB 254)κ
sections referring to Township 15 [,] North, Range 16 East, M.D.B. & M. The region defined and described herein shall be [as] precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan shall mean the long-term general plan for the development of the region.
(e) Interim plan shall mean the interim regional plan adopted pending the adoption of the regional plan.
(f) Planning commission means the advisory planning commission appointed pursuant to paragraph (h) of Article III.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Each member shall be a member of the city council or county board of supervisors [which he represents] represented and, in the case of a supervisor, shall be a resident of a county supervisorial district lying wholly or partly within the region.
One member appointed by each of the board of county commissioners of Douglas [, Ormsby] and Washoe counties [. Any member so appointed shall be a resident of the county from which he is appointed and may be, but is not required to be:
(1) A member of the board which appoints him; and
(2) A resident of or the owner of real property in the region,
as each board of county commissioners may in its own discretion determine. The manner of selecting the person so to be appointed may be further prescribed by county ordinance.] and one member appointed by the board of supervisors of Carson City. Each member shall be a member of the board of county commissioners or board of supervisors represented. [A person] Persons so appointed shall before taking [his seat] their seats on the governing body, disclose all [his] their economic interests in the region, and shall thereafter disclose any further economic [interest] interests which [he acquires,] they acquire, as soon as feasible after [he acquires] acquiring it. If any [board of county commissioners fails to make and] appointment required by this paragraph is not made within 30 days after the effective date of this act or the occurrence of a vacancy on the governing body, the governor shall make such appointment. The position of a member so appointed [by a board of county commissioners] shall be deemed vacant if such member is absent from three consecutive meetings of the governing body in any calendar year.
[One member] Two members appointed by the Governor of California and one member appointed by the Governor of Nevada. The appointment of the California [member is] members shall be subject to Senate confirmation, [he] the California members shall not be [a resident] residents of the region and shall represent the public at large.
κ1975 Statutes of Nevada, Page 805 (CHAPTER 502, SB 254)κ
of the California [member is] members shall be subject to Senate confirmation, [he] the California members shall not be [a resident] residents of the region and shall represent the public at large. One such California member shall be a resident of the 10 southern-most counties of California, and the other shall be a resident of one of the remaining counties. The member appointed by the Governor of Nevada shall not be a resident of the region and shall represent the public at large.
The [Administrator] Secretary of the California Resources Agency or [his] the Secretarys designee and the Director of the Nevada Department of Conservation and Natural Resources or [his] the Directors designee.
The Lieutenant Governor of the State of Nevada and the Secretary of State of the State of Nevada.
One additional California member appointed by a majority vote of the above members from California. In the event such an appointment has not been made within 30 days after the appointment of two members from California by the Governor of that state, the Governor of that state shall make the appointment.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body [which he represents] represented in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) The term of office of the members of the governing body shall be at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date oftener than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date, place and agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon [his] loss of any of the qualifications required for [his] appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a [chairman] chairperson and vice [chairman,] chairperson, whose terms of office shall be [two] 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
κ1975 Statutes of Nevada, Page 806 (CHAPTER 502, SB 254)κ
(g) A majority of the members of the governing body from each state shall constitute a quorum for the transaction of the business of the agency. A majority vote of the members present representing each state shall be required to take action with respect to any matter. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency, which shall consist of an equal number of members from each state. The commission shall include but shall not be limited to: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and [of the Counties of Douglas, Ormsby, and Washoe] Douglas County, Washoe County and Carson City in Nevada, the Placer County Director of Sanitation, the El Dorado County Director of Sanitation, the county health officer of Douglas County or [his] the health officers designee, the county health officer of Washoe County or [his] the health officers designee, the Chief of the Bureau of Environmental Health of the Health Division of the Department of [Health, Welfare and Rehabilitation] Human Resources of the State of Nevada, or [his] the Chiefs designee, the executive officer of the Lahontan Regional Water Quality Control Board or [his] the executive officers designee, the executive officer of the Tahoe Regional Planning Agency who shall act as [chairman,] chairperson, and at least four lay members each of whom shall be a resident of the region.
(i) The agency shall establish and maintain an office within the region. The agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action take. Upon receipt of certified copies of the resolutions or notifications appointing the members of the governing body, the Secretary of State of each respective state shall notify the Governor of the state who shall, after consultation with the Governor of the other state, issue a concurrent call for the organization meeting of the governing body at a location determined jointly by the two governors.
(k) Each state may provide by law for the disclosure or elimination of conflicts of interest on the part of members of the governing body appointed from that state.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this act or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
κ1975 Statutes of Nevada, Page 807 (CHAPTER 502, SB 254)κ
any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this paragraph shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this paragraph.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 60 days after such request is delivered to the agency.
Tahoe Regional Plan
(b) Within 15 months after the formation of the agency, the planning commission shall recommend a regional plan. Within 18 months after the formation of the agency, the governing body shall adopt a regional plan.
κ1975 Statutes of Nevada, Page 808 (CHAPTER 502, SB 254)κ
After adoption, the planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall include the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to, freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region. Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private individuals.
(c) All provisions of the Tahoe regional general plan shall be enforced by the agency and by the states, counties and cities in the region.
Tahoe Regional Interim Plan
(d) Within 60 days after the formation of the agency, the planning commission shall recommend a regional interim plan. Within 90 days after the formation of the agency, the governing body shall adopt a regional interim plan.
κ1975 Statutes of Nevada, Page 809 (CHAPTER 502, SB 254)κ
after the formation of the agency, the governing body shall adopt a regional interim plan. The interim plan shall consist of statements of development policies, criteria and standards for planning and development, of plans or portions of plans, and projects and planning decisions, which the agency finds it necessary to adopt and administer on an interim basis in accordance with the substantive powers granted to it in this agreement.
(e) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan and interim plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
(f) All provisions of the interim plan shall be enforced by the agency and by the states, the counties, and cities.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional and interim plans. Every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the basin, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory. The regulations shall contain general, regional standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers; harbors, breakwaters; or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the interim plan or the general plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the interim or general plan.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the interim plan or the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having a territory within the region.
Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 18 months after the formation of the agency.
Every plan, ordinance, rule, regulation or policy adopted by the agency shall recognize as a permitted and conforming use any business or recreational establishment which is required by law of the state in which it is located to be individually licensed by the state, if such business or establishment:
κ1975 Statutes of Nevada, Page 810 (CHAPTER 502, SB 254)κ
located to be individually licensed by the state, if such business or establishment:
(1) Was so licensed on February 5, 1968, or was licensed for a limited season during any part of the calendar year immediately preceding February 5, 1968.
(2) Is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of such a business or establishment.
(b) All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by the respective states, counties, and cities. The appropriate courts of the respective states, each within its limits of territory and subject matter provided by state law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances. Each such action shall be brought in a court of the state where the violation is committed or where the property affected by a civil action is situated, unless the action is brought in a federal court. For this purpose, the agency shall be deemed a political subdivision of both the State of California and the State of Nevada.
(c) Except as otherwise provided in paragraph (d), all public works projects shall be reviewed prior to construction and approved by the agency as to the projects compliance with the adopted regional general plan.
(d) All plans, programs and proposals of the State of California or Nevada, or of its executive or administrative agencies, which may substantially affect, or may specifically apply, to the uses of land, water, air, space and other natural resources in the region, including but not limited to public works plans, programs and proposals concerning highway routing, design and construction, shall be referred to the agency for its review, as to conformity with the regional plan or interim plan, and for report and recommendations by the agency to the executive head of the state agency concerned and to the Governor. A public works project which is initiated and is to be constructed by a department of either state shall be submitted to the agency for review and recommendation, but may be constructed as proposed.
(e) The agency shall police the region to ensure compliance with the general plan and adopted ordinances, rules, regulations and policies. If it is found that the general plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
(f) Violation of any ordinance of the agency is a misdemeanor.
(g) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(h) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
κ1975 Statutes of Nevada, Page 811 (CHAPTER 502, SB 254)κ
(i) Whenever a new city is formed within the region, the membership of the governing body shall be increased by two additional members, one appointed by, and who shall be a member of, the legislative body of the new city, and one appointed by the Governor of the state in which the city is not located. A member appointed by the Governor of California is subject to Senate confirmation.
(j) Every record of the agency, whether public or not, shall be open for examination to the Legislative Analyst of the State of California and the [Fiscal Analyst of the State of Nevada.] Legislative Auditor of the Nevada Legislative Counsel Bureau.
(k) Whenever under the provisions of this article or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any proposal, public or private, the agency shall take final action, whether to approve, to require modification or to reject such proposal, within 60 days after such proposal is delivered to the agency. If the agency does not take final action within 60 days, the proposal shall be deemed approved.
ARTICLE VII. Finances
(a) Except as provided in paragraph (e), on or before December 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion not more than $150,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. Each county in California shall pay the sum allotted to it by the agency from any funds available therefor and may levy a tax on any taxable property within its boundaries sufficient to pay the amount so allocated to it. Each county in Nevada shall pay such sum from its general fund or from any other moneys available therefor.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall be strictly accountable to any county in the region for all funds paid by it to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursements.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds.
(e) As soon as possible after the ratification of this compact, the agency shall estimate the amount of money necessary to support its activities:
(1) For the remainder of the then-current fiscal year; and
(2) If the first estimate is made between January 1 and June 30, for the fiscal year beginning on July 1 of that calendar year.
The agency shall then allot such amount among the several counties, subject to the restriction and in the manner provided in paragraph (a), and each county shall pay such amount.
κ1975 Statutes of Nevada, Page 812 (CHAPTER 502, SB 254)κ
(f) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE VIII. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in paragraph (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional power and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, or distribution of interstate waters or upon any appropriative water right.
Sec. 2. NRS 277.230 is hereby repealed.
Sec. 3. This act shall become effective only upon the adoption of the amendments to the Tahoe Regional Planning Compact, as provided herein, by the State of California, ratification thereof by the Congress of the United States, and approval thereof by the President of the United States of America.
________
κ1975 Statutes of Nevada, Page 813κ
Senate Bill No. 23Senator Dodge
CHAPTER 503
AN ACT relating to food; prohibiting the use of the term honey in the label or brand name of a food product unless honey is an ingredient in such product; providing a penalty; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 585 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A person shall not prepare, package, deliver for shipment, ship, transport or sell:
1. Any food product which is labeled or designated by the term honey alone if such food product consists partly or entirely of ingredients other than honey.
2. Any food product, except a honeydew melon, designated by any combination of words which include the word honey in the label or brand name unless such food product contains honey as an ingredient and the other ingredients are disclosed.
3. As used in this section, honey means the natural product of honeybees, drawn from the nectar of flowers, transformed by the bees and stored in a honeycomb and later marketed in the honeycomb or taken from it and marketed in a liquid, candied or granulated condition.
________
Assembly Bill No. 742Assemblyman Jacobsen
CHAPTER 504
AN ACT relating to state printing and publications; requiring the state printing and records division of the department of general services to accord priority to preparation of materials for publication or use by the legislature, the legislative counsel bureau and the legislative counsel; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 344 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Whenever any materials to be prepared for publication or use by the legislature, the legislative counsel bureau or the legislative counsel are delivered to the superintendent by the legislature, the director of the legislative counsel bureau or the legislative counsel, the superintendent shall accord the preparation of such materials an absolute priority over any other state work to be done in the division.
2. The director of the legislative counsel bureau shall determine the relative priorities to be assigned in the preparation of particular materials referred to in subsection 1.
κ1975 Statutes of Nevada, Page 814 (CHAPTER 504, AB 742)κ
relative priorities to be assigned in the preparation of particular materials referred to in subsection 1.
3. Whenever the superintendent determines that the volume of priority work presently in the division or reasonably anticipated will prevent his prompt execution of other state work of an emergency nature he shall authorize such other work to be performed in a commercial printing establishment as provided in NRS 344.160.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 730Committee on Commerce
CHAPTER 505
AN ACT relating to mortgage companies; permitting a mortgage company to submit an audit by a registered public accountant with the companys license renewal application; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. The mortgage companys license [shall expire] expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing a renewal application, submitting a satisfactory independent audit by a certified public accountant or by a public accountant who is registered pursuant to NRS 628.350, and paying the annual license fee for the succeeding year.
2. The filing fees shall be:
(a) For filing an original or renewal application, $100 for the principal office and $35 for each branch office.
(b) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
3. All fees received under NRS 645B.010 to 645B.230, inclusive, shall be deposited in the state treasury to the credit of the general fund.
________
Assembly Bill No. 606Committee on Judiciary
CHAPTER 506
AN ACT relating to professional engineers and surveyors; increasing the renewal period and fees for certificates of registration; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.390 is hereby amended to read as follows:
625.390 1. Application for registration as a professional engineer or land surveyor or for certification as an engineer in training shall:
κ1975 Statutes of Nevada, Page 815 (CHAPTER 506, AB 606)κ
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors if applying for registration as a land surveyor,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The application and registration fee for professional engineers and land surveyors shall be established by the board in an amount not to exceed $50 and shall accompany the application.
3. Should the board deny issuance of a certificate to any applicant, or should an applicant fail to appear for examination, the fee paid shall be retained as an application fee.
4. The board shall charge and collect from each applicant for registration as an engineer-in-training a fee of $10, which shall include the cost of examination and the issuance of a certificate as an engineer-in-training. The registration as an engineer-in-training shall be valid for 8 years, at which time the registration shall expire and be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the [annual] biennial renewal of each certificate except as provided in subsection 4 and collect therefor [an annual] a biennial fee as established by the board, but not to exceed [$25.] $75.
________
Assembly Bill No. 605Committee on Judiciary
CHAPTER 507
AN ACT relating to professional engineers and surveyors; limiting the exemption for certain classes of persons from the registration requirements prescribed for professional engineers and surveyors; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.480 is hereby amended to read as follows:
625.480 The following persons are exempt from the provisions of this chapter [concerning the practice of professional engineering:] which require registration:
1. A person not a resident of and having no established place of business in this state, or who has recently become a resident of this state, practicing or offering to practice the profession of engineering in this state for more than 30 days in any calendar year, if:
κ1975 Statutes of Nevada, Page 816 (CHAPTER 507, AB 605)κ
(a) He shall have filed an application with the board for a certificate of registration and paid the fee required by this chapter, or filed an application with and received from the board a permit for a definite period of time for each job on which he works, and paid the fee required by this chapter; and
(b) He is legally qualified to practice the profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter. The exemption shall continue only for such time as the board requires for the consideration of the application for registration.
2. Any subordinate of a registered professional engineer of this state insofar as he acts as a subordinate.
3. Officers and employees of the United States Government who have qualified under federal regulations and have been authorized to do engineering for the Federal Government, but no such governmental officer or employee may engage in private engineering practice in Nevada unless he is duly registered under the law.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 604Committee on Judiciary
CHAPTER 508
AN ACT relating to professional engineers; authorizing the state board of registered professional engineers to define the scope of each branch of professional engineering; requiring the appropriate branch to be included with the name of each registered professional engineer in the annual roster; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may by regulation define the scope of each branch of professional engineering for which registration is required under this chapter.
Sec. 2. NRS 625.170 is hereby amended to read as follows:
625.170 The secretary of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names [and] , last-known addresses and branches of engineering of all registered professional engineers [,] and the names and last-known addresses of all land surveyors and engineers-in-training. Copies of the roster shall be:
1. Mailed to each person so registered.
2. Placed on file with the secretary of state and county and city clerks.
3. Distributed or sold to the public.
Sec. 3. NRS 625.200 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 817 (CHAPTER 508, AB 604)κ
625.200 1. The written examinations for registration as a professional engineer will consist of a 2-day test (four 4-hour periods) divided into two parts:
(a) Part 1 will cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school which the board, in its discretion, may approve, part 1 may be waived.
(b) Part 2 will cover that branch of engineering in the practice of which the applicant is engaged, as indicated by his experience record [.] , and as to which he has applied for registration.
Where possible, the usually recognized branches of engineering will be considered in the preparation of the examination. The board may reserve the right to conform the nature and extent of the examination to the particular qualifications of the applicant.
2. The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
3. Oral examinations shall be given in the manner prescribed by the board.
4. To qualify for registration, the applicant must receive a grade of not less than 70 percent on his examination.
________
Assembly Bill No. 602Committee on Judiciary
CHAPTER 509
AN ACT relating to professional engineers and surveyors; increasing the penalty for the unlawful practice of engineering.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.520 is hereby amended to read as follows:
625.520 1. It is unlawful for:
(a) Any person, firm, partnership or corporation not properly licensed or exempted under the provisions of this chapter to:
(1) Practice, continue to practice, offer to practice or attempt to practice engineering or any branch thereof:
(2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, engineer, professional engineer, licensed engineer, engineered or engineering; or
(3) Directly or indirectly employ any means which in any manner whatsoever tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.
κ1975 Statutes of Nevada, Page 818 (CHAPTER 509, AB 602)κ
(b) Any registered professional engineer to practice or offer to practice a branch of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.
(e) Any person to impersonate falsely any other registrant of like or different name.
(f) Any person to attempt to use an expired or revoked certificate of registration.
(g) Any person to violate any of the provisions of this chapter.
2. Whenever any person is engaging or is about to engage in any acts or practices which constitute a violation of this chapter, the district court in any county, if such court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against such acts or practices pursuant to Rule 65 of the Nevada Rules of Civil Procedure.
3. Nothing in this section shall be construed to prevent a contractor licensed under the provisions of chapter 624 of NRS from using the term engineer or engineering if such term is used by the state contractors board in describing a specific classification.
4. Any person who violates any of the provisions of subsection 1 [shall be] is guilty of a gross misdemeanor.
________
Assembly Bill No. 599Committee on Judiciary
CHAPTER 510
AN ACT relating to professional engineers and surveyors; providing for judicial review of final decisions of the state board of registered professional engineers; expanding the period in which the board must hear charges brought against a registrant; increasing the number of board member votes required to find a registrant guilty of a charge; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any registrant who is aggrieved by a final decision of the board is entitled to judicial review thereof in the manner prescribed in NRS 233B.130 to 233B.150, inclusive.
Sec. 2. NRS 625.420 is hereby amended to read as follows:
625.420 1. Any person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against any registrant. Charges shall be in writing, sworn to by the person making them, and shall be filed with the [secretary of the] board.
κ1975 Statutes of Nevada, Page 819 (CHAPTER 510, AB 599)κ
2. All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within [3] a reasonable time, but not more than 6 months after the date on which [they shall have been] such charges were preferred.
Sec. 3. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, [three or more] a majority of the members of the board vote in favor of finding the accused registrant guilty, the board [shall:] may:
1. Revoke the certificate of registration of such registered professional engineer or registered land surveyor; or
2. [At its discretion, suspend] Suspend the license or place the registrant on probation for such periods as it deems necessary.
Sec. 4. NRS 625.470 is hereby amended to read as follows:
625.470 The board, for reasons which it may deem sufficient, may reissue a certificate of registration to any person whose certificate has been revoked [, providing three or more] if a majority of the members of the board vote in favor of such reissuance.
________
Assembly Bill No. 597Committee on Judiciary
CHAPTER 511
AN ACT to amend NRS 625.080, relating to professional engineers and surveyors, by redefining the phrase responsible charge of work.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.080 is hereby amended to read as follows:
625.080 As used in this chapter, responsible charge of work means the [direct control and personal supervision] independent control and direction, by the use of initiative, skill and independent judgment, of the investigation or design of professional engineering or land surveying work [.] or the supervision of such work.
________
Senate Bill No. 613Committee on Finance
CHAPTER 512
AN ACT making an appropriation from the general fund in the state treasury to the contingency fund for the purpose of providing suitable housing for the equipment of the Virginia and Truckee Railroad; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the contingency fund created pursuant to NRS 353.266 the sum of $300,000 for allocation pursuant to the provisions of subsection 2.
κ1975 Statutes of Nevada, Page 820 (CHAPTER 512, SB 613)κ
353.266 the sum of $300,000 for allocation pursuant to the provisions of subsection 2.
2. The interim finance committee may allocate from the contingency fund to the state public works board an amount up to $300,000 for the purpose of providing appropriate housing for the equipment of the Virginia and Truckee Railroad in accordance with recommendations presented by the state public works board, the division of state parks of the state department of conservation and natural resources and the Nevada state museum.
________
Senate Bill No. 394Senator Walker (by request)
CHAPTER 513
AN ACT relating to vehicles; prohibiting certain uses of special parking permits or plates; providing penalties; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 482.384 is hereby amended to read as follows:
482.384 1. The department [shall] may issue [a special parking permit or] special plates [:
(a) To] to any person [holding a valid drivers license issued pursuant to chapter 483 of NRS,] who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
[(b)] 2. The department may issue a special parking permit [To] to any person who:
[(1) Does not hold a valid drivers license; or
(2)] (a) Owns or does not own a motor vehicle; [and
(3)] (b) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
[(4)] (c) Has need to be driven by another person to a destination in a motor vehicle.
[2.] 3. The department may make such [rules and] regulations as are necessary to ascertain eligibility for such special parking permits and special plates.
[3.] 4. Applications for special parking permits or special plates for physically handicapped persons shall be made to the department on forms provided by the department which shall require information necessary to determine the applicants eligibility for a permit or special plates for physically handicapped persons and shall be accompanied by a certificate from a licensed physician describing the character and extent of the applicants disability.
[4.] 5. Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter. No additional fee may be charged for special parking permits or special plates.
[5.] 6. Only one special parking permit or one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period.
κ1975 Statutes of Nevada, Page 821 (CHAPTER 513, SB 394)κ
for physically handicapped persons may be issued to any eligible applicant in any one registration period.
[6.] 7. Each set of special plates for physically handicapped persons issued pursuant to this section shall expire at the end of the last registration month of the registration period for which it was issued.
[7.] 8. Permits or special plates issued pursuant to this section [shall] do not authorize parking in any area on a highway where parking is prohibited by law.
[8.] 9. Special plates issued pursuant to this section shall be of a design determined by the department.
10. No person, other than the physically handicapped person or a person actually transporting the physically handicapped person, may use the special parking permit or special plates issued to such handicapped person for the purpose of obtaining the special parking privileges available under this section.
11. Any person who violates the provisions of subsection 10 is guilty of a misdemeanor.
Sec. 2. NRS 484.407 is hereby amended to read as follows:
484.407 1. Except as provided in subsection 2, owners of motor vehicles displaying a special parking permit or special plates for physically handicapped persons issued pursuant to NRS 482.384 may park such motor vehicles for not more than 4 hours at any one time in parking zones restricted as to the length of time parking is permitted, without penalty, removal or impoundment of such vehicle if such parking is otherwise consistent with public safety [.] and is done by a physically handicapped person or a person transporting a physically handicapped person.
2. This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-highway parking without paying the required fee for the time during which such vehicle is so parked.
________
Senate Bill No. 330Senators Gibson, Brown, Lamb, Close and Walker
CHAPTER 514
AN ACT relating to silicosis; establishing the silicosis and disabled pension fund to be administered by the Nevada industrial commission; establishing eligibility for benefits from the fund; making an appropriation from the state general fund to the silicosis and disabled pension fund; abolishing the special silicosis fund and substituting a special silicosis program; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. There is hereby created in the state treasury the silicosis and disabled pension fund. The fund shall consist of moneys appropriated to the fund by the legislature and interest earned pursuant to NRS 356.087.
κ1975 Statutes of Nevada, Page 822 (CHAPTER 514, SB 330)κ
2. The silicosis and disabled pension fund shall be administered by the state treasurer. The moneys in the fund may be expended only for the purposes set forth in section 3 of this act, and none of the moneys in the fund may be expended for administrative purposes. The expenditures shall be made on claims approved by the commission and paid as other claims against the state are paid.
Sec. 3. 1. The moneys in the silicosis and disabled pension fund shall be expended to provide:
(a) The continuing benefits described in subsection 6 of NRS 617.460.
(b) The increased permanent total disability benefits described in NRS 616.626.
(c) The increased death benefits described in NRS 616.628.
2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto under subsection 1, the state treasurer shall pay an amount equal to that shown on the statement from the silicosis and disabled pension fund to the commission.
3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent or parents who are provided benefits or increased benefits under the provisions of subsection 1 are no longer eligible for such benefits, the balance of the silicosis and disabled pension fund shall revert to the state general fund.
Sec. 4. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada shall be deposited in the general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits of state moneys pursuant to the provisions of this chapter which were attributable during such quarter to the state highway fund and the motor vehicle fund created by NRS 408.235 and NRS 482.180, respectively;
(b) Apply such proportion to the total amount of interest paid during such quarter to the state treasurer on deposits of state moneys; and
(c) Credit to the state highway fund an amount equal to the amount arrived at the computation in paragraph (b).
3. The legislators retirement fund, the public employees retirement fund, the state permanent school fund, the silicosis and disabled pension fund and the fish and game fund shall have allocated to it its proportionate share of the interest earned and received, which interest shall be accounted for as income and an asset of such fund.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the state board of health to be suffering from silicosis [shall be] is entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of former NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
κ1975 Statutes of Nevada, Page 823 (CHAPTER 514, SB 330)κ
(c) Is not infected with active tuberculosis.
(d) Files with the health division of the department of human resources, before January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the state board of health to determine his condition.
2. [In addition to those persons described in subsection 1, any other person, including an employee or his dependents, shall be entitled to the benefits provided in NRS 443.145 to 443.165, inclusive, upon receiving the maximum amount of $14,250 formerly provided under NRS 617.460 and any supplemental amounts as authorized by NRS 617.465 to 617.469, inclusive, to which they were entitled, if the disability from silicosis occurred prior to July 1, 1973.
3. Upon receiving a monthly statement showing the amount of benefits to be paid for such month to those persons described in subsection 2 of this section, the state treasurer shall pay an amount equal to that shown on such statement from sums appropriated for the purpose of such benefits to the department of human resources.
4.] The health division of the department of human resources shall arrange for physical examinations of all applicants and the costs of such examinations shall be paid from the moneys appropriated for the special silicosis program.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 616.626 is hereby amended to read as follows:
616.626 Any claimant or his dependents, residing in this state, who receive compensation for permanent total disability on account of an industrial injury or disablement due to occupational disease occurring prior to April 9, 1971, is entitled to a [10] 20 percent increase in such compensation, without regard to any wage limitation imposed by this chapter on the amount of such compensation. The increase shall be paid from the [general fund] silicosis and disabled pension fund in the state treasury.
Sec. 9. NRS 616.628 is hereby amended to read as follows:
616.628 Any widow, widower, surviving children or surviving dependent parent or parents, residing in this state, who receive death benefits on account of an industrial injury or disablement due to occupational disease occurring prior to July 1, 1973, is entitled to a [10] 20 percent increase in such benefits without regard to any wage limitation imposed by this chapter on the amount of such benefits. The increase shall be paid from the [general fund in the state treasury.] silicosis and disabled pension fund.
Sec. 10. 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.
κ1975 Statutes of Nevada, Page 824 (CHAPTER 514, SB 330)κ
3. Nothing in this chapter [shall entitle] entitles 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.
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 on account of silicosis [shall be] is payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of 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] is 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 from the silicosis and disabled pension fund.
Sec. 11. There is hereby appropriated from the general fund in the state treasury the sum of $3,290,475 to the silicosis and disabled pension fund created under section 2 of this act.
Sec. 12. On July 1, 1975, all moneys on deposit in the special silicosis fund shall revert to the general fund in the state treasury.
Sec. 13. Sections 4 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1975. Section 10 of this act shall become effective at 12:02 a.m. on July 1, 1975.
________
Assembly Bill No. 716Select Committee on Utilities
CHAPTER 515
AN ACT relating to buildings; requiring the adoption of minimum insulation standards for all public and private buildings constructed in the State of Nevada; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board, in conjunction with the public service commission of Nevada, shall establish insulation standards by January 1, 1976, for all buildings, public and private, constructed in the State of Nevada.
κ1975 Statutes of Nevada, Page 825 (CHAPTER 515, AB 716)κ
2. The insulation standards established pursuant to this section shall be adopted and modified in the manner prescribed in chapter 233B of NRS. Modifications may be made to coincide with applicable federal requirements or for any other purpose in the public interest, but only upon the approval of both the board and the public service commission of Nevada.
3. Insulation standards established pursuant to subsection 1 are intended to establish minimum insulation requirements and shall not supersede more stringent requirements imposed by the building codes of any city or county. The sufficiency of city and county insulation standards shall be determined by the board.
4. After the adoption of insulation standards pursuant to this section, the board shall be responsible for the implementation and enforcement of such standards.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 596Committee on Transportation
CHAPTER 516
AN ACT relating to traffic laws; clarifying provisions relating to vehicles stopping for school buses loading and unloading children.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.357 is hereby amended to read as follows:
484.357 1. Except as provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road for the purpose of receiving or discharging any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to a stop immediately and shall not proceed past the school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a [highway, street or road with separate roadways] divided highway need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection or a place where traffic is controlled by a traffic officer or an official traffic signal.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
________
κ1975 Statutes of Nevada, Page 826κ
Assembly Bill No. 419Committee on Labor and Management
CHAPTER 517
AN ACT relating to industrial insurance; placing a time limitation on an employer for reporting an industrial injury to the commission; providing a penalty; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 616.340 is hereby amended to read as follows:
616.340 1. It is the duty of every employer within the provisions of this chapter, immediately upon the occurrence of an injury to any of his employees, to render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.
2. The employer or his agent shall [forthwith] within 6 working days following receipt of knowledge of an injury to an employee, notify the commission in writing of the accident. [, giving:
(a) The name of the injured employee.
(b) The nature of the accident.
(c) Where and by whom the injured employee is being treated.
(d) The date of the accident.]
3. The commission may pay the costs of rendering such necessary first aid and transportation of the injured employee to the nearest place of proper treatment if the employer fails or refuses to pay the costs. The commission may charge to and collect from the employer, as reimbursement, the amount of the costs incurred by the commission in providing such first aid and transportation services to the injured employee.
4. Any employer who fails to comply with the provisions of subsection 2 may be fined not more than $100 for each such failure.
Sec. 2. This act shall become effective on July 1, 1975, at 12:01 a.m.
________
Senate Bill No. 381Senators Gojack, Sheerin, Hilbrecht, Foote, Neal, Schofield, Walker, Bryan, Blakemore, Echols, Close, Young, Wilson, Raggio and Herr
CHAPTER 518
AN ACT relating to trade regulations and practices; prohibiting discrimination against credit applicants on the basis of their sex or marital status; requiring the banking division of the department of commerce to enforce the prohibition; providing penalties; and providing other matters properly relating thereto.
[Approved May 17, 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 19, inclusive, of this act.
κ1975 Statutes of Nevada, Page 827 (CHAPTER 518, SB 381)κ
Sec. 2. Sections 2 to 19, inclusive, of this act may be cited as the Nevada Equal Credit Opportunity Law.
Sec. 3. It is hereby declared to be the public policy of the State of Nevada that all people in the state desiring to obtain credit shall be afforded equal opportunity to have their creditworthiness evaluated under the same relevant economic standards and without any discrimination on the basis of their sex or marital status.
Sec. 4. As used in sections 2 to 19, inclusive, of this act unless the context otherwise requires, the words and terms defined in sections 5 to 9, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Applicant means any person who applies to a creditor directly for an extension, renewal or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.
Sec. 6. Credit means the right granted by a creditor to any person to:
1. Incur a debt and defer its payment.
2. Purchase property or services and defer payment for the purchase.
3. Defer payment of an existing debt.
Sec. 7. Creditor means any person who:
1. Regularly extends, renews or continues credit;
2. Regularly arranges for the extension, renewal or continuation of credit; or
3. Participates in the decision to extend, renew or continue credit as an assignee of an original creditor.
Sec. 8. Division means the banking division of the department of commerce.
Sec. 9. Person means a natural person, association, partnership, corporation, government or governmental subdivision or agency, or other legal entity.
Sec. 10. The superintendent of banks through the division shall:
1. Administer the provisions of sections 2 to 19, inclusive, of this act;
2. Study the nature and extent of any discrimination as to sex or marital status in credit practices in this state; and
3. Cooperate with and assist all public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discrimination on the basis of sex or marital status in credit practices.
Sec. 11. It is unlawful for any creditor to discriminate against any applicant on the basis of the applicants sex or marital status with respect to any aspect of a credit transaction.
Sec. 12. 1. A creditor shall consider the combined income of both husband and wife for the purpose of extending credit to a married couple and shall not exclude the income of either without just cause. The creditor shall determine the creditworthiness of the couple upon a reasonable evaluation of the past, present and foreseeable economic circumstances of both spouses.
2. A request for the signatures of both parties to a marriage for the purpose of creating a valid lien or passing clear title, waiving inchoate rights to property or assigning earnings, does not constitute credit discrimination.
κ1975 Statutes of Nevada, Page 828 (CHAPTER 518, SB 381)κ
rights to property or assigning earnings, does not constitute credit discrimination.
3. An inquiry of marital status does not constitute discrimination for the purposes of sections 2 to 19, inclusive, of this act if such inquiry is for the purpose of ascertaining the creditors rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness.
4. Consideration or application of state property laws directly or indirectly affecting creditworthiness does not constitute discrimination for the purposes of sections 2 to 19, inclusive, of this act.
Sec. 13. If each party to a marriage separately and voluntarily applies for and obtains separate credit from the same creditor, the credit accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or loan ceilings.
Sec. 14. A credit reporting agency shall identify separately within its records of the reports it delivers, the credit histories of any person, the persons spouse, if any, and the joint accounts of the person and spouse, if any, to the extent that such information is available to the agency.
Sec. 15. 1. A complaint may be filed with the division by any person who has been injured as the result of a creditors violation of any provision of sections 2 to 19, inclusive, of this act or any regulation adopted thereunder or who has reasonable ground to believe that he will be injured by a discriminatory action or practice prohibited by such provisions.
2. The complaint shall be made in such form and manner as the division prescribes by regulation.
Sec. 16. 1. Upon receipt of such a complaint or upon its own initiative, the division may:
(a) Investigate any matters alleged in the complaint or believed to be a discriminatory practice under the provisions of sections 2 to 19, inclusive, of this act or regulations adopted thereunder.
(b) Eliminate or correct the cause of the complaint or discriminatory condition by methods of conference or conciliation.
(c) Conduct a public hearing and make a decision or order in accordance with the provisions of chapter 233B of NRS.
2. In conducting such investigation or hearing, the division may issue necessary subpenas requiring such attendance of witnesses or production of documents, and upon petition of the division, the district court may compel obedience to the subpenas.
Sec. 17. If the division orders any creditor to cease and desist from a discriminatory practice and the creditor fails to do so within 20 calendar days after service of the order, the division may apply to the district court for an injunction to prevent any continuation of the discriminatory practice.
Sec. 18. 1. Any person injured by a discriminatory credit practice within the scope of the provisions of sections 2 to 19, inclusive, of this act may apply directly to the district court for relief. If the court determines that the creditor has violated any of such provisions and that the plaintiff has been injured thereby, the court may enjoin the creditor from continued violation, award damages to the plaintiff or grant both measures of relief.
κ1975 Statutes of Nevada, Page 829 (CHAPTER 518, SB 381)κ
2. A person may not pursue the remedy provided under this section if he is pursuing any remedy provided under the federal Equal Credit Opportunity Act (12 U.S.C. § 1691) with respect to the same grievance.
Sec. 19. Any action brought under the provisions of sections 2 to 18, inclusive, of this act shall be commenced within 1 year from the date of the occurrence of the violation.
Sec. 20. NRS 207.310 is hereby amended to read as follows:
207.310 1. As used in this section:
(a) Customer means a person who applies for a loan or other financial assistance for the purpose of purchasing, constructing, improving or repairing a dwelling.
(b) Lender means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, interest rate or other terms of a loan or other financial assistance on account of race, color, religious creed, national origin [,] or ancestry [or sex] of:
(a) The customer;
(b) Any person associated with the customer in connection with such loan or other financial assistance or with the purpose of such loan or other financial assistance; or
(c) The present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.
3. Any person who violates the provisions of this section is guilty of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
Sec. 21. No provision of this act imposing any liability shall apply to any act done or omitted in good faith in conformity with any regulation of the banking division of the department of commerce, or any interpretation thereof by such division, even though after the occurrence of the act or omission the regulation or interpretation is amended, rescinded or determined by judicial or other authority to be invalid for any reason.
________
Senate Bill No. 390Senators Bryan, Hilbrecht, Gibson, Blakemore, Sheerin and Walker
CHAPTER 519
AN ACT relating to legal holidays; declaring that Veterans Day be celebrated on November 11.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 236.015 is hereby amended to read as follows:
236.015 1. [On and after January 1, 1971, the] The following days are declared to be legal holidays for state and county government offices:
κ1975 Statutes of Nevada, Page 830 (CHAPTER 519, SB 390)κ
January 1 (New Years Day)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
[Fourth Monday in October] November 11 (Veterans Day)
October 31 (Nevada Day)
Fourth Thursday in November (Thanksgiving Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or as a legal holiday [.] except for any Presidential appointment of the fourth Monday in October as Veterans Day.
2. All state and county offices, courts, banks, savings and loan associations, public schools and the University of Nevada System shall close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31 or December 25 falls upon a:
(a) Sunday, the Monday following shall be observed as a legal holiday.
(b) Saturday, the Friday preceding shall be observed as a legal holiday.
________
Assembly Bill No. 172Committee on Government Affairs
CHAPTER 520
AN ACT relating to the public works board; allowing the board to utilize construction management services to satisfy federal funding requirements; giving the board the authority to establish procedures for construction management services; including construction managers within definition of contractor for purposes of licensing and regulation; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may utilize construction management services on capital improvement projects, which are financed in part by the Federal Government, if such services are required by any department or agency of the Federal Government.
2. The board shall adopt regulations establishing procedures for:
(a) The prequalifying of contractors properly licensed under chapter 624 of NRS to bid for construction management services;
(b) The bidding and awarding of construction management service contracts;
(c) The awarding of construction contracts based on a guaranteed maximum cost; and
κ1975 Statutes of Nevada, Page 831 (CHAPTER 520, AB 172)κ
(d) The scheduling and controlling of projects.
3. A person furnishing construction management services is a contractor subject to all provisions pertaining to a contractor in Title 28 of NRS.
Sec. 2. NRS 624.020 is hereby amended to read as follows:
624.020 1. For the purpose of this chapter contractor is synonymous with builder.
2. Within the meaning of this chapter, a contractor is any person, except a licensed architect or a registered professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project shall be accepted by the board or any court of this state as prima facie evidence that the person securing such permit or employing any person on a construction project is acting in the capacity of a contractor under this chapter.
3. A contractor within the meaning of this chapter includes subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.
4. A contractor within the meaning of this chapter includes a construction manager who performs management and counseling services on a construction project for a professional fee.
Sec. 3. This act shall become effective on the occasion of the state public works boards receipt of the first federal department or agency request for construction management services.
________
Assembly Bill No. 293Assemblymen Craddock, Hayes, Dreyer, Sena, Heaney and Mello
CHAPTER 521
AN ACT relating to civil actions; providing for a cause of action for perjury or subornation of perjury; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 832 (CHAPTER 521, AB 293)κ
1. Subject to the provisions of subsection 2, a person who has suffered injury as the proximate result of perjury or subornation of perjury committed by another may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant.
2. There is no cause of action under subsection 1 unless the defendant has been convicted of the perjury or subornation of perjury which caused the injury.
3. As used in this section, injury includes deprivation of liberty as well as other harm to the person or property of the plaintiff.
________
Assembly Bill No. 384Committee on Government Affairs
CHAPTER 522
AN ACT relating to public securities and obligations; amending the County Improvements Law, the City Economic Development Revenue Bond Law, the Consolidated Local Improvements Law, the General Improvement District Law, the State Securities Law, the Local Government Securities Law, the University Securities Law, and other laws pertaining to public securities and obligations, including laws concerning elections relating thereto; providing generally for a maximum interest rate and a maximum discount on issuance; extending such provisions to issues previously authorized but not yet sold; relating to the purposes for which securities may be issued, their sale and provisions for their payment; otherwise concerning the borrowing of money, the issuance of such securities, the other incurrence of obligations, the facilities and other properties pertaining thereto, and the levy, collection and use of general (ad valorem) property taxes, special assessments, rates, tolls, charges, excise taxes and other revenues, and pledges and liens relating thereto; otherwise concerning powers, rights, privileges, immunities, liabilities, duties, disabilities, limitations and other details in connection therewith; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.400 is hereby amended to read as follows:
244.400 1. If upon the returns of the election, which returns are required to be made to the county commissioners, it is shown that a majority of the persons voting at the election were in favor of the issuance of bonds for the purpose or purposes set out in the notice of the election, then the county commissioners shall proceed to have prepared and issued bonds in a sum not to exceed the amount set out in the notice of the election, designating the purpose of the bonds.
2. In no case shall the bonds provide for interest in excess of [8] 9 percent per annum, and the bonds shall not run for a period of more than 20 years. The bonds shall provide that the faith and credit of the county issuing the same shall be pledged to the redemption of such bonds.
3. When issued as herein provided, the bonds, or as many thereof as may be necessary to carry out the requirements of the election so had, shall be sold and the proceeds thereof placed in the county treasury in a special fund to be designated by the county commissioners.
κ1975 Statutes of Nevada, Page 833 (CHAPTER 522, AB 384)κ
Sec. 1.5. NRS 244.483 is hereby amended to read as follows:
244.483 1. On the date and at the place fixed for the hearing, any and all property owners interested in such street beautification project may, by written complaints, protests or objections, present their views in respect to the proposed project to the board of county commissioners, or present them orally, and the board may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and considered, and after all persons desiring to be heard in person have been heard, the board shall consider the arguments, if any, and any other relevant material put forth [.
3. Thereafter, if] , and shall by resolution or ordinance, as the board may determine, pass upon the merits of each such complaint, protest or objection.
3. If the board determines that it is not in the public interest that the proposed street beautification project, or a part thereof, be made, the board shall make an order by resolution to that effect. Thereupon the proceeding for the project, or the part thereof, determined against by such order shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner specified in NRS 244.482.
Sec. 2. NRS 244.484 is hereby amended to read as follows:
244.484 Any person filing a written complaint, protest or objection as provided in NRS 244.483 shall have the right, within [60] 30 days after the board of county commissioners has finally passed on such complaint, protest or objection by resolution [,] or ordinance as provided in subsection [3] 2 of NRS 244.483, [or by ordinance as provided in subsection 1 of NRS 244.487,] to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination; but thereafter all actions or suits attacking the validity of the proceedings and the existence of special benefits shall be perpetually barred.
Sec. 3. NRS 244.494 is hereby amended to read as follows:
244.494 1. For the purpose of paying any contractor or otherwise defraying any costs of the street beautification project as they become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the board of county commissioners may issue interim warrants.
2. Any interim warrants issued for any construction work:
(a) Shall be issued only upon estimates of the engineer.
(b) Shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, and shall be payable in such medium or payment at such place or places within and without the state, including but not limited to the county treasurer, as the board may determine.
(c) May be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
κ1975 Statutes of Nevada, Page 834 (CHAPTER 522, AB 384)κ
nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
Sec. 4. NRS 244.501 is hereby amended to read as follows:
244.501 1. Upon receiving the assessment roll, the board of county commissioners, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the assessment roll, by the owner of any tract or any person interested, may be heard.
(b) Order the county clerk to give notice of the hearing.
2. The county clerk shall give notice by publication and by registered or certified mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the board will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the persons thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the county clerk at least 3 days prior to the assessment hearing.
Sec. 5. NRS 244.503 is hereby amended to read as follows:
244.503 1. After the assessment roll is in final form, the board of county commissioners by resolution or ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution or ordinance, levy the assessments in the roll.
2. Written notice of the levy of assessment shall be given by [registered or certified] mail to the owners of all property upon which the assessment was levied.
3. Such decision, resolution or ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
4. Such determination by the board shall be conclusive upon the owners of the property assessed.
5. The roll, when endorsed by the county clerk as the roll designated in the assessment resolution or ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 6. NRS 244.522 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 835 (CHAPTER 522, AB 384)κ
244.522 1. The board of county commissioners shall likewise have power to issue negotiable coupon bonds in an amount not exceeding that portion of the cost of any street beautification project which the board has determined to defray from special assessments.
2. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the county (or any combination thereof) may:
(a) Be adopted as if an emergency existed. The declaration, if any, of the board of county commissioners, in any ordinance that it is such an ordinance is conclusive in the absence of fraud or gross abuse of discretion.
(b) Become effective at any time when an emergency ordinance of the county may go into effect.
(c) Be adopted by not less than two-thirds of all the voting members of the board of county commissioners (excluding from any such computation any vacancy on the board).
Sec. 7. NRS 244.524 is hereby amended to read as follows:
244.524 1. Any bonds issued pursuant to NRS 244.446 to 244.537, inclusive, may be sold in such manner as may be approved by the board of county commissioners to defray the cost of the street beautification project, including all proper incidental expenses, but not including any operation and maintenance expenses.
2. Bonds shall first be offered at a public sale and if no satisfactory bid is then received, such bonds may be sold at private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the board, below par at a discount not exceeding [8] 9 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than [8] 9 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the board has been capitalized as a cost of the project.
3. The board may employ legal, fiscal, engineering and other expert services in connection with any street beautification project authorized in NRS 244.446 to 244.537, inclusive, and the authorization, issuance and sale of bonds.
4. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
5. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
6. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
7. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
κ1975 Statutes of Nevada, Page 836 (CHAPTER 522, AB 384)κ
8. The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions of NRS 244.446 to 244.537, inclusive, notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the board may terminate the contract to sell the bonds, if:
(a) Before awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed under subsection 2 of NRS 244.488, but has elected to proceed under subsection 1 of NRS 244.488.
9. If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the assessed valuation to be assessed, or of such frontage, area, zone or other assessment basis (or combination thereof), file written complaints, protests and objections to the project, as provided in NRS 244.482, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 8. NRS 244.531 is hereby amended to read as follows:
244.531 Assessment bonds shall not bear interest at a rate or rates exceeding [8] 9 percent per annum.
Sec. 9. NRS 244.532 is hereby amended to read as follows:
244.532 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event exceeding 20 years from their date;
(c) Shall bear such interest, which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the board of county commissioners, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [5] 9 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon. The bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board of county commissioners in the ordinance or ordinances authorizing the bonds, except as otherwise provided in NRS 244.446 to 244.537, inclusive.
κ1975 Statutes of Nevada, Page 837 (CHAPTER 522, AB 384)κ
3. Except for payment provisions expressly provided in NRS 244.446 to 244.537, inclusive, the bonds shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities.
4. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board of county commissioners, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
5. Except for such bonds as are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
6. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond authorized by NRS 244.446 to 244.537, inclusive, but at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
7. The county clerk may cause the seal of the county to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
8. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all persons whose signatures appear thereon have ceased to fill their respective offices.
9. Any officer authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office if such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 9.3. NRS 244.816 is hereby amended to read as follows:
244.816 NRS 244.815 to 244.919, inclusive, [shall] apply to any county for any project outside of any incorporated city. [or unincorporated town.]
Sec. 9.6. NRS 244.874 is hereby amended to read as follows:
244.874 1. On the date and at the place fixed for such hearing any and all property owners interested in such project may, by written complaints, protests or objections, present their views in respect to the proposed projects to the board, or present them orally, and the board may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and duly considered, and after all persons desiring to be heard in person have been head, the board shall consider the arguments, if any, and any other relevant material put forth [.
3. Thereafter, if] , and shall by resolution or ordinance, as the board may determine, pass upon the merits of each such complaint, protest or objection.
κ1975 Statutes of Nevada, Page 838 (CHAPTER 522, AB 384)κ
3. If the board shall determine that it is not for the public interest that the proposed project, or a part thereof, be made, the board shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Sec. 10. NRS 244.875 is hereby amended to read as follows:
244.875 Any person filing a written complaint, protest or objection as provided in NRS 244.874, shall have the right, within [60] 30 days after the board has finally passed on such complaint, protest or objection by resolution [,] or ordinance as provided in subsection [3] 2 of NRS 244.874, [or by ordinance as provided in subsection 1 of NRS 244.877,] to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits shall be perpetually barred.
Sec. 11. NRS 244.883 is hereby amended to read as follows:
244.883 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the board may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the board may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
Sec. 12. NRS 244.888 is hereby amended to read as follows:
244.888 1. Upon receiving the assessment roll, the board, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the same, by the owner of any tract or any person interested, may be heard.
(b) Order the clerk to give notice of the hearing.
κ1975 Statutes of Nevada, Page 839 (CHAPTER 522, AB 384)κ
2. The clerk shall give notice by publication and by registered or certified mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the board will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the clerk at least 3 days prior to the assessment hearing.
Sec. 13. NRS 244.890 is hereby amended to read as follows:
244.890 1. After the assessment roll is in final form and is so confirmed by resolution, the county by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Written notice of the levy of assessment shall be given by [registered or certified] mail to the owners of all property upon which the assessment was levied.
3. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
4. Such determination by the board shall be conclusive upon the owners of the property assessed.
5. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 14. NRS 244.893 is hereby amended to read as follows:
244.893 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the board so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the county to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any.
κ1975 Statutes of Nevada, Page 840 (CHAPTER 522, AB 384)κ
date, together with penalties, if any. The board may require in the assessment ordinance the payment of a premium for any such prepayment not exceed [9] 10 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
7. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.
Sec. 15. NRS 244.895 is hereby amended to read as follows:
244.895 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding [9] 10 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the board in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The board in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the county for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
5. The county treasurer shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.
Sec. 16. NRS 244.907 is hereby amended to read as follows:
244.907 1. The board shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
2. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the county (or any combination thereof) may:
(a) Be adopted as if an emergency existed. The declaration of the board, if any, in any ordinance that it is such an ordinance is conclusive in the absence of fraud or gross abuse of discretion.
(b) Become effective at any time when an emergency ordinance of the county may go into effect.
(c) Be adopted by not less than two-thirds of all the voting members of the board (excluding from any such computation any vacancy on the board).
κ1975 Statutes of Nevada, Page 841 (CHAPTER 522, AB 384)κ
Sec. 17. NRS 244.909 is hereby amended to read as follows:
244.909 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall first be offered at a public sale and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding [8] 9 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than [8] 9 percent per annum if the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the board may determine.
4. The board may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
9. The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the board has not elected to proceed under subsection 2 or 3 of NRS 244.878, but has elected to proceed under subsection 1 thereof.
10. If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 244.873, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
κ1975 Statutes of Nevada, Page 842 (CHAPTER 522, AB 384)κ
reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 18. NRS 244.914 is hereby amended to read as follows:
244.914 Assessment bonds shall not bear interest at a rate or rates exceeding [8] 9 percent per annum.
Sec. 19. NRS 244.915 is hereby amended to read as follows:
244.915 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the board, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [8] 9 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the board may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code — Investment Securities.
5. Notwithstanding any other provisions of law, the board, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
κ1975 Statutes of Nevada, Page 843 (CHAPTER 522, AB 384)κ
and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise.
7. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the treasurer, with the seal of the county affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act (and compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature).
10. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
11. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 267.510 is hereby amended to read as follows:
267.510 In the contracts, documents and other instruments designated in NRS 267.505, the governing body may:
1. Obligate the municipality to repay to the Federal Government the cost of the project undertaken by it for the municipality, including without limitation all incidental costs pertaining thereto, over a term of not exceeding 40 years commencing on any specified date in the calendar year next following the calendar year in which the project is completed or is estimated to be completed in any such contract between the municipality and the Federal Government, or in any other such document or any other such instrument, whichever period is later, and otherwise upon such terms and conditions and with such other provisions as the municipality and the Federal Government may provide, except as otherwise provided in NRS 267.450 to 267.530, inclusive.
κ1975 Statutes of Nevada, Page 844 (CHAPTER 522, AB 384)κ
2. Obligate the municipality to pay to the Federal Government interest on the project cost, except to the extent an allowance is made in the project cost for interest during the period of construction or during any other period determined by the municipality and the Federal Government, at a rate or rates not exceeding [8] 9 percent per annum.
3. Obligate the municipality to operate and maintain the facilities resulting from the project or otherwise pertaining thereto, in such manner, upon such terms and conditions, and otherwise with such other provisions as the municipality and the Federal Government may provide.
4. Pledge the full faith and credit of the municipality for the payment of the moneys due under such contracts, documents and other instruments.
5. Provide for the payment of such moneys as general obligations or special obligations of the municipality, or as general obligations of the municipality the payment of which is additionally secured by a pledge of revenues derived from any utility or other income-producing project of the municipality legally available therefor.
6. Otherwise pledge the full faith and credit of the municipality for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the municipality in any such contract with the Federal Government.
7. Exercise any combination of powers provided in NRS 267.450 to 267.515, inclusive.
Sec. 22. NRS 268.534 is hereby amended to read as follows:
268.534 1. The bonds shall:
(a) Be authorized by ordinance;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their respective dates;
(e) Bear such interest at a rate or rates not exceeding [8] 10 percent per annum;
(f) Be in such form;
(g) Carry such registration privileges;
(h) Be executed in such manner;
(i) Be payable at such place or places within or without the state; and
(j) Be subject to such terms of redemption,
as the authorizing ordinance may provide.
2. The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the city, in its discretion, shall determine. As an incidental expense of the project, the city, in its discretion, may employ financial and legal consultants in regard to the financing of the project.
3. The city may exchange all or a part of its bonds for all or an equivalent part of the project for which the bonds are issued, the exchange to be preceded by determination of the fair value of the project or part of the project exchanged for the bonds. Such determination shall be by ordinance and shall be conclusive.
κ1975 Statutes of Nevada, Page 845 (CHAPTER 522, AB 384)κ
4. The bonds shall be fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 22.5. NRS 271.310 is hereby amended to read as follows:
271.310 1. On the date and at the place fixed for such hearing any and all property owners interested in such project may, by written complaints, protests or objections, present their views in respect to the proposed projects to the governing body, or present them orally, and the governing body may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and duly considered, and after all persons desiring to be heard in person have been heard, the governing body shall consider the arguments, if any, and any other relevant material put forth [.
3. Thereafter, if] , and shall by resolution or ordinance, as the board may determine, pass upon the merits of each such complaint, protest or objection.
3. If the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be made, the governing body shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Sec. 23. NRS 271.315 is hereby amended to read as follows:
271.315 Any person filing a written complaint, protest or objection as provided in NRS 271.310, shall have the right, within [60] 30 days after the governing body has finally passed on such complaint, protest or objection by resolution [,] or ordinance as provided in subsection [3] 2 of NRS 271.310, [or by ordinance as provided in subsection 1 of NRS 271.325,] to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits shall be perpetually barred.
Sec. 24. NRS 271.355 is hereby amended to read as follows:
271.355 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the governing body may determine.
κ1975 Statutes of Nevada, Page 846 (CHAPTER 522, AB 384)κ
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
Sec. 25. NRS 271.380 is hereby amended to read as follows:
271.380 1. Upon receiving the assessment roll, the governing body, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the same, by the owner of any tract or any person interested, may be heard.
(b) Order the clerk of the municipality to give notice of the hearing.
2. The clerk of the municipality shall give notice by publication and by registered or certified mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the governing body will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the clerk of the municipality at least 3 days prior to the assessment hearing.
Sec. 26. NRS 271.390 is hereby amended to read as follows:
271.390 1. After the assessment roll is in final form and is so confirmed by resolution, the municipality by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Written notice of the levy of assessment shall be given by [registered or certified] mail to the owners of all the property upon which the assessment was levied.
3. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
4. Such determination by the governing body shall be conclusive upon the owners of the property assessed.
5. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 27. NRS 271.405 is hereby amended to read as follows:
271.405 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
κ1975 Statutes of Nevada, Page 847 (CHAPTER 522, AB 384)κ
ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the governing body so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the municipality to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [9] 10 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
7. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as herein provided.
Sec. 28. NRS 271.415 is hereby amended to read as follows:
271.415 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding [9] 10 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the governing body in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
5. The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.
κ1975 Statutes of Nevada, Page 848 (CHAPTER 522, AB 384)κ
governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.
Sec. 29. NRS 271.475 is hereby amended to read as follows:
271.475 1. The governing body shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
2. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality (or any combination thereof) may:
(a) Be adopted as if an emergency existed. The declaration of the governing body, if any, is conclusive in the absence of fraud or gross abuse or discretion.
(b) Become effective at any time when an emergency ordinance of the municipality may go into effect.
(c) Be adopted by not less than two-thirds of all of the voting members of the governing body (excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote).
Sec. 30. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall first be offered at a public sale, and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount not exceeding [8] 9 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than [8] 9 percent per annum if the maximum or any lesser amount of discount permitted by the governing body shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
κ1975 Statutes of Nevada, Page 849 (CHAPTER 522, AB 384)κ
8. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the governing body has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.
10. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in NRS 271.305, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 31. NRS 271.510 is hereby amended to read as follows:
271.510 Assessment bonds shall not bear interest at a rate or rates exceeding [8] 9 percent per annum.
Sec. 32. NRS 271.515 is hereby amended to read as follows:
271.515 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [8] 9 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
κ1975 Statutes of Nevada, Page 850 (CHAPTER 522, AB 384)κ
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code — Investment Securities.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of larger or smaller denominations, which bonds of larger or smaller denominations may in turn be either coupons bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. Any bonds may be issued hereunder with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise.
7. Any bond shall be executed in the name of and on behalf of the municipality and signed by the mayor, chairman, or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act (and compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature).
10. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment thereof, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
11. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
κ1975 Statutes of Nevada, Page 851 (CHAPTER 522, AB 384)κ
Sec. 33. NRS 279.310 is hereby amended to read as follows:
279.310 1. A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project under NRS 279.010 to 279.380, inclusive, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under NRS 279.010 to 279.380, inclusive. Payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the Federal Government or other source, in aid of any urban renewal projects of the municipality under NRS 279.010 to 279.380, inclusive, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.
2. Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of NRS 279.010 to 279.380, inclusive, are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
3. Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding [8] 9 percent per annum, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.
4. Such bonds may be sold at public sales held after notice published prior to such sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine, or may be exchanged for other bonds on the basis of par. Such bonds may be sold to the Federal Government at private sale and, in the event less than all of the authorized principal amount of such bonds is sold to the Federal Government, the balance may be sold at private sale at an interest cost to the municipality of not to exceed the interest cost to the municipality of the portion of the bonds sold to the Federal Government.
5. In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under NRS 279.010 to 279.380, inclusive, shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.
κ1975 Statutes of Nevada, Page 852 (CHAPTER 522, AB 384)κ
such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to NRS 279.010 to 279.380, inclusive, shall be fully negotiable.
6. In any suit, action or proceeding involving the validity or enforcibility of any bond issued under NRS 279.010 to 279.380, inclusive, or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of NRS 279.010 to 279.380, inclusive.
Sec. 34. NRS 309.160 is hereby amended to read as follows:
309.160 For the purpose of organization, the board of directors (in this chapter sometimes merely designated the board) may at any time, with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at not exceeding [8] 9 percent per annum, and the directors shall have the right and power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses. Thereafter, the directors shall have the right and power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not to exceed 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.
Sec. 35. NRS 309.180 is hereby amended to read as follows:
309.180 1. No special election may be called for any of the purposes provided in this chapter until the board of directors of the district has submitted to the irrigation district bond commission and the commission has approved the following:
(a) The proposed local improvement;
(b) The estimated cost of the improvement;
(c) A report of a competent engineer; and
(d) The proposed method of financing the improvement.
2. The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively commencing with those earliest falling due. They shall be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1 or July 1 next following the date of their authorization, and they shall bear interest at the rate of not to exceed [8] 9 percent per annum, payable semiannually on January 1 and July 1 of each year. The principal and interest shall be payable at the place designated therein. The bonds shall be each of a denomination of not less than $100 nor more than $1,000, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto.
κ1975 Statutes of Nevada, Page 853 (CHAPTER 522, AB 384)κ
$100 nor more than $1,000, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. The bonds shall express on their face that they were issued by the authority of this chapter, naming it, and shall also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.
3. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, the board of directors shall provide for the completion of the plan by levy or assessment therefor; but when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called and otherwise conducted in accordance with the provisions of this chapter in respect to an original issue of bonds.
4. The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to vote by the electors of the district at the election authorizing the bonds.
Sec. 36. NRS 309.332 is hereby amended to read as follows:
309.332 1. To carry out the purposes of this chapter, the board is authorized to issue the following types of securities:
(a) Short-term notes, warrants and interim debentures;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(c) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge and lien on net revenues;
(d) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or other special assessments, which payment is secured by a pledge of and lien on such net revenues; or
(e) Any combination of such securities.
2. Interest coupons thereon shall bear the facsimile signature of the president of the board.
3. The form and terms of the general obligation bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding [8] 9 percent of the principal thereof.
Sec. 37. NRS 315.630 is hereby amended to read as follows:
315.630 By resolution, an authority may authorize bonds. The resolution, its trust indenture or mortgage may provide for:
1. The issuance of bonds in one or more series.
2. The date the bonds shall bear.
κ1975 Statutes of Nevada, Page 854 (CHAPTER 522, AB 384)κ
3. The date of maturity.
4. The interest rate, not exceeding [8] 9 percent per annum.
5. The denomination of the bonds.
6. The form of the bonds, either coupon or registered.
7. The conversion or registration privileges which the bonds shall carry.
8. The rank or priority of the bonds.
9. The manner of execution of the bonds.
10. The medium of payment in which the bonds are payable.
11. The place of payment.
12. The terms of redemption, with or without premium.
Sec. 38. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As an alternate procedure for constructing or otherwise acquiring, improving or converting any public improvement (or any combination thereof), and for defraying all the cost thereof or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor by the levy of special assessments against assessable property specially benefited thereby and the collection of such assessments and the issuance of special obligation bonds primarily payable from such special assessments payable in installments (to implement any one, all or any combination of basic powers stated in NRS 318.116 and granted to any district in proceedings for its organization or in any proceedings for its reorganization or as may be otherwise provided by law), as the board of the district determines, the district, acting by and through the board, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, and in any proceedings thereunder the district, other public bodies, district officials, and other public officials are subject to the rights, privileges, immunities, liabilities, duties, disabilities, limitations and other details provided therein.
2. For purposes of this section, in any proceedings under chapters 271 and 704A of NRS:
(a) Clerk means the de jure or de facto secretary of the district.
(b) Governing body means the districts board.
(c) Municipality means the district and municipal means pertaining to the district; except that where the context so indicates, municipality means the geographical area comprising the district.
(d) Ordinance means a resolution of the district.
Sec. 39. NRS 318.325 is hereby amended to read as follows:
318.325 1. Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 3:
(a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or
κ1975 Statutes of Nevada, Page 855 (CHAPTER 522, AB 384)κ
(ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. Nothing in this chapter [shall be construed as preventing] prevents a district from funding, refunding or reissuing any outstanding securities of the district of a type designated in subsection 1 as provided in the Local Government Securities Law.
3. General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an interest coupon rate of not to exceed [8] 9 percent annum, without regard to effective interest rate. If no bids are received or if the bid or bids received are not satisfactory as to price or responsibility of the bidder, the bonds may be readvertised or sold at private sale.
Sec. 40. NRS 318.349 is hereby amended to read as follows:
318.349 Any act, action, determination or approval by the board authorized or required by the provisions of NRS 318.350 to 318.486, inclusive, shall be done only by an affirmative vote of at least [four] two-thirds of the trustees.
Sec. 41. NRS 318.350 is hereby amended to read as follows:
318.350 Such part of the expenses of making any public improvement [(authorized, in a general way, in the ordinance creating any district authorized by this chapter)] (to implement any one, all or any combination of basic powers stated in NRS 318.116 and granted to any district in proceedings for its organization or in any proceedings for its reorganization or as may be otherwise provided by law), as the board determines, may be defrayed by special assessments upon lands and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be specially benefited by the improvement.
Sec. 42. NRS 318.420 is hereby amended to read as follows:
318.420 1. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
2. Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed [9] 10 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; but at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
3. A notice of the lien created by such special assessment, separately prepared for each lot affected, shall be:
(a) Delivered by the board to the office of the county recorder of the county within which the property subject to such lien is located.
(b) Recorded by the county recorder in a book kept by him for the purpose of recording instruments encumbering land.
κ1975 Statutes of Nevada, Page 856 (CHAPTER 522, AB 384)κ
(c) Indexed in the real estate index as deeds and other conveyances are required by law to be indexed.
Sec. 43. Chapter 349 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 349.010 to 349.070, inclusive:
1. Bond question means any proposal for the issuance of bonds or otherwise for the incurrence of a loan.
2. General election means a general election, primary election and any other regular statewide election.
Sec. 44. NRS 349.010 is hereby amended to read as follows:
349.010 [1.] Whenever the State of Nevada proposes to issue bonds or provide for loans in any amount which does not contravene the limit of indebtedness provided by the constitution of the State of Nevada, the proposal for the bond issue or loan may be submitted to the electors of the state at a general or a special election called for that purpose.
[2. The term general election in the provisions of NRS 349.010 to 349.070, inclusive, includes a primary election and any other regular statewide election.]
Sec. 45. NRS 349.017 is hereby amended to read as follows:
349.017 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the clerk of each county shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as provided in subsection 4, the office of the county clerk in each county of this state shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. [During the last 5 days of registration before such a special election, the] The office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted [.] , during the last days of registration as provided in subsection 2 of NRS 293.560.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 46. NRS 349.050 is hereby amended to read as follows:
349.050 1. Every citizen of the United States, 18 years of age or over, who has resided in the state [6 months] and in the county 30 days next preceding such election, [shall be] is entitled to vote at the election if he has complied with the registration laws of this state.
2. The provisions of the election laws of this state relating to absent voting shall apply to all bond elections under NRS 349.010 to 349.070, inclusive.
κ1975 Statutes of Nevada, Page 857 (CHAPTER 522, AB 384)κ
3. Subsection 1 does not exclude the registration of eligible persons whose 18th birthday or the date of whose completion of the required residence occurs on or before the election at which is submitted the proposal for a bond issue or otherwise for the incurrence of a loan under NRS 349.010 to 349.070, inclusive.
Sec. 47. NRS 349.076 is hereby amended to read as follows:
349.076 Except where the provisions, whenever enacted, of a general or special law authorize a higher rate, the maximum rate of interest on securities issued by the state shall not exceed [8] 9 percent per annum.
Sec. 48. NRS 349.077 is hereby amended to read as follows:
349.077 Except where the provisions, whenever enacted, of a general or special law prohibit discount or authorize a greater discount, securities issued by the state may be sold at par, above par or below par at a discount of not more than [8] 9 percent of the principal amount, but the effective interest rate shall not exceed [8] 9 percent per annum.
Sec. 49. NRS 349.168 is hereby amended to read as follows:
349.168 Cost of any project, or any phrase of similar import, means all or any part designated by the commission of the cost of any project, or interest therein, which cost at the option of the commission may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the state from funds available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the commission or any board or other agency of the state responsible for the project or defraying the cost thereof, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The cost of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the commission to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the state;
κ1975 Statutes of Nevada, Page 858 (CHAPTER 522, AB 384)κ
9. The costs of funding any [emergency loans,] short-term financing, construction loans and other temporary loans of not exceeding [3] 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans;
10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements and franchises;
11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and
12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the commission.
Sec. 50. NRS 349.216 is hereby amended to read as follows:
349.216 The state may issue, in one series or more, without the state securities being authorized at any election in the absence of an expressed provision to the contrary in the act authorizing the project and the issuance of state securities therefor or in any act supplemental thereto, in anticipation of taxes or pledged revenues, or both, and constituting either general obligations or special obligations of the state, any one or more or all of the following types of state securities:
1. Notes, evidencing any amount borrowed by the state;
2. Warrants, evidencing the amount due to any person for any services or supplies, equipment or other materials furnished to or for the benefit of the state and appertaining to a project;
3. Bonds, evidencing any amount borrowed by the state and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in like principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and
5. Interim debentures, evidencing any [emergency loans,] short-term financing, construction loans, and other temporary loans of not exceeding [3] 5 years, in supplementation of long-term financing and the issuance of bonds, as provided in NRS 349.318 to 349.328, inclusive.
Sec. 51. NRS 349.240 is hereby amended to read as follows:
349.240 Such tax shall be levied immediately after the issuance of any general obligation securities issued in accordance with the provisions of the State Securities Law, and annually thereafter, at the times and in the manner provided by law, [and annually thereafter] until all of the securities, and the interest thereon, have been fully discharged. Such tax may be first levied after the state, acting by and through the commission, has contracted to sell any securities but before their issuance.
Sec. 52. NRS 349.252 is hereby amended to read as follows:
349.252 No recourse shall be had for the payment of the principal of, any interest on, and any prior redemption premiums due in connection with any bonds or other state securities or for any claim based thereon or otherwise upon the resolution authorizing their issuance or other instrument appertaining thereto, against any individual member of the commission or any officer or other agent of the state, past, present or future, either directly or indirectly through the commission or the state, or otherwise, whether by virtue of any constitution, statute or rule of law, or by the [endorsement] enforcement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
κ1975 Statutes of Nevada, Page 859 (CHAPTER 522, AB 384)κ
the [endorsement] enforcement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
Sec. 53. (There is no section 53.)
Sec. 54. NRS 349.260 is hereby amended to read as follows:
349.260 Except as otherwise provided in the constitution of the state and as otherwise provided in the State Securities Law and in any other act the provisions of which are relevant by express reference herein thereto, any state securities issued hereunder shall be:
1. In such form;
2. Issued in such manner, at, above or below par at a discount not exceeding [8] 9 percent of the principal amount of the securities, and at a price which will result in an effective interest rate of not more than [8] 9 percent per annum;
3. Issued with such provisions:
(a) For the application of any accrued interest and any premium from the sale of any bonds or other state securities hereunder as provided in NRS 349.294;
(b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
(c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
(d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
(e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
(f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
(g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise;
(h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and
κ1975 Statutes of Nevada, Page 860 (CHAPTER 522, AB 384)κ
(i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities; and
4. Issued otherwise with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the commission in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 55. NRS 349.276 is hereby amended to read as follows:
349.276 1. As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, shall:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;
(d) Bear interest at a rate or rates of not more than [8] 9 percent per annum, the interest on each security not constituting a debt to be payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period, and the interest on each security constituting a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state shall be payable semiannually;
(e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and
(f) Be printed at such place within or without this state, as the commission may determine.
2. General obligation bonds shall mature within not exceeding 20 years from their date or within 20 years from the effective date of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, shall mature within not exceeding 50 years from their date.
3. Special obligation bonds shall mature within not exceeding 50 years from their date.
Sec. 56. NRS 349.290 is hereby amended to read as follows:
349.290 The commission may provide for the redemption of any or all of the bonds or other state securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [8] 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the commission in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.
κ1975 Statutes of Nevada, Page 861 (CHAPTER 522, AB 384)κ
Sec. 57. NRS 349.322 is hereby amended to read as follows:
349.322 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding [3] 5 years from the date of the interim debentures, as the commission may determine.
2. The proceeds of interim debentures shall be used to defray the cost of a project.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as bonds authorized by the commission authorizing the issuance of the funded securities.
4. Except as otherwise provided in NRS 349.318 to 349.328, inclusive, interim debentures shall be issued as provided herein for state securities in NRS 349.230 to 349.316, and 349.352 to 349.364, inclusive.
Sec. 58. NRS 349.324 is hereby amended to read as follows:
349.324 1. Except as otherwise provided in NRS 349.320, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.
2. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the commission may determine, except as otherwise provided in subsections 2 and 3 of NRS 349.276.
3. Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [8] 9 percent per annum.
Sec. 59. NRS 349.340 is hereby amended to read as follows:
349.340 1. No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.
2. No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding [8] 9 percent per annum [.] ; but any general obligation bonds funding or refunding any securities which constitute a debt and are subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, as from time to time amended, shall mature within 20 years from the effective date of the act authorizing the issuance of the securities so funded or refunded thereby, or within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.
κ1975 Statutes of Nevada, Page 862 (CHAPTER 522, AB 384)κ
subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, as from time to time amended, shall mature within 20 years from the effective date of the act authorizing the issuance of the securities so funded or refunded thereby, or within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any state debt limitation in the state constitution [.] pertaining thereto.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 60. NRS 350.020 is hereby amended to read as follows:
350.020 1. Whenever any municipal corporation in the State of Nevada proposes to issue bonds or provide for loans in any amount within the limit of indebtedness authorized by law, after compliance with the provisions of NRS 293.481, the proposal for the bond issue or loan shall be submitted to the electors of the municipal corporation at a general election or a special election called for that purpose.
2. The provisions of NRS 350.010 to 350.070, inclusive, shall not be applicable:
(a) To incorporated cities organized or reorganized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article 8 of the constitution of the State of Nevada; or
(b) To incorporated cities or incorporated towns organized or reorganized and existing under charters originally framed and adopted (and regardless of any amendments thereof or the method of amendment) by the electors thereof pursuant to section 8 of article 8 of the constitution of the State of Nevada.
3. Nothing contained in this section shall prevent the adoption of the provisions of NRS 350.010 to 350.070, inclusive, by reference thereto in any such act, any such special charter, other such charter, or ordinance or resolution of any such city or any such town.
Sec. 61. NRS 350.026 is hereby amended to read as follows:
350.026 1. If the bond question or other loan proposal is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question or other loan proposal is submitted at a special election, the clerk of the county in which the municipal corporation is located shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the municipal corporation, if any be so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
κ1975 Statutes of Nevada, Page 863 (CHAPTER 522, AB 384)κ
if any be so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk in the county or each county in which the municipal corporation holding the election for the authorization of bonds or other loan is situated wholly or in part, shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. [During the last 5 days of registration before such a special election, the] The office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted [.] during the last days of registration as provided in subsection 2 of NRS 293.560.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 62. NRS 350.050 is hereby amended to read as follows:
350.050 1. Every citizen of the United States, 18 years of age or over, who has resided in the state [6 months] and in the county 30 days and in the precinct 10 days next preceding the election, [shall be] is entitled to vote at the election if he has complied with the registration laws of this state.
2. The provisions of the election laws of this state relating to absent voting shall apply to all elections under NRS 350.010 to 350.070, inclusive.
3. Notwithstanding the provisions of subsection 2, if a bond question or other loan proposal is submitted at a primary election or other general election except for a regular municipal election or at a special county election, the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question or other loan proposal is other than the county clerk.
4. Subsection 1 does not exclude the registration of eligible persons whose 18th birthday or the date of whose completion of the required residence occurs on or before the election at which is submitted the proposal for a bond issue or otherwise for the incurrence of a loan under NRS 350.010 to 350.070, inclusive.
Sec. 63. NRS 350.060 is hereby amended to read as follows:
350.060 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots.
2. The results disclosed by the canvass shall be certified by the election officers to the authorities who made the proposal to issue the bonds [.] or otherwise to incur a loan.
Sec. 64. NRS 350.2011 is hereby amended to read as follows:
350.2011 Except where the provisions, whenever enacted, of a general or special law or of a special charter authorize a higher rate, the maximum rate of interest on securities issued by any political subdivision of this state shall not exceed [8] 9 percent per annum.
Sec. 65. NRS 350.2012 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 864 (CHAPTER 522, AB 384)κ
350.2012 Except where the provisions, wherever enacted, of a general or special law or of a special charter prohibit discount or authorize a greater discount, securities issued by a political subdivision of this state may be sold at par, above par or below par at a discount of not more than [8] 9 percent of the principal amount, but the effective interest rate shall not exceed [8] 9 percent per annum.
Sec. 66. NRS 350.380 is hereby amended to read as follows:
350.380 1. The acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking and the issuance, in anticipation of the collection of the revenues of such undertaking, of bonds to provide funds to pay the cost thereof may be authorized under NRS 350.350 to 350.490, inclusive, by ordinance or resolution of the governing body, which may be adopted at a regular meeting by a vote of a majority of the members elected to the governing body.
2. Before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the municipality or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, [both the real property owners and their spouses and also the other] the registered qualified electors of the municipality voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.070, inclusive.
Sec. 67. NRS 350.400 is hereby amended to read as follows:
350.400 [1.] The bonds [may be sold at private sale to the United States of America or any agency, instrumentality or corporation thereof.
2. Unless sold to the United States of America or any agency, instrumentality or corporation thereof, the bonds shall be sold at public sale.] shall be sold as provided in the Local Government Securities Law.
Sec. 68. NRS 350.490 is hereby amended to read as follows:
350.490 1. The powers conferred by NRS 350.350 to 350.490, inclusive, shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 350.350 to 350.490, inclusive, shall not affect, the powers conferred by any other general or special law or charter [.] , including, without limitation, the Local Government Securities Law.
2. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered and extended, notwithstanding that any special or general law or local charter may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment and extension of a like undertaking and without regard to the requirement, restrictions, debt or other limitations or other provisions contained in any other general or special law or charter, including, but not limited to, any restriction or limitation on the incurring of indebtedness or the issuance of bonds.
3. Insofar as the provisions of NRS 350.350 to 350.490, inclusive, are inconsistent with the provisions of any other general or special law or charter, the provisions of NRS 350.350 to 350.490, inclusive, shall be controlling, except as otherwise provided in NRS 350.350 to 350.490, inclusive [.] ; but the provisions of the Local Government Securities Law are supplemental to NRS 350.350 to 350.490, inclusive, to the extent the Local Government Securities Law pertains to revenue bonds and other special obligations.
κ1975 Statutes of Nevada, Page 865 (CHAPTER 522, AB 384)κ
Local Government Securities Law pertains to revenue bonds and other special obligations.
Sec. 69. NRS 350.516 is hereby amended to read as follows:
350.516 Cost of any project, or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the municipality from funds available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;
9. The costs of funding any [emergency loans,] short-term financing, construction loans and other temporary loans of not exceeding [3] 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans;
10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;
11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and
12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.
Sec. 70. (Deleted by amendment.)
κ1975 Statutes of Nevada, Page 866 (CHAPTER 522, AB 384)κ
Sec. 71. NRS 350.579 is hereby amended to read as follows:
350.579 1. Any ordinance pertaining to the sale, issuance or payment of bonds or other securities of the municipality (or any combination thereof) may be adopted as if an emergency existed.
2. The governing bodys declaration, if any, in any ordinance that it is such an ordinance shall be conclusive in the absence of fraud or gross abuse of discretion.
3. Such an ordinance may become effective at any time when an emergency ordinance of the municipality may go into effect.
4. Such an ordinance may be adopted by an affirmative vote of not less than two-thirds of all the voting members of the governing body (excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote).
Sec. 72. NRS 350.594 is hereby amended to read as follows:
350.594 Such tax shall be levied immediately after the issuance of any general obligation securities issued in accordance with the provisions of the Local Government Securities Law, and annually thereafter, at the times and in the manner provided by law, [and annually thereafter] until all of the securities, and the interest thereon, have been fully discharged. Such tax may be first levied after the municipality has contracted to sell any securities but before their issuance.
Sec. 73. NRS 350.606 is hereby amended to read as follows:
350.606 No recourse shall be had for the payment of the principal of, any interest on, and any prior redemption premiums due in connection with any bonds or other municipal securities or for any claim based thereon or otherwise upon the ordinance authorizing their issuance or other instrument appertaining thereto, against any individual member of the governing body or any officer or other agent of the municipality, past, present or future, either directly or indirectly through the governing body or the municipality, or otherwise, whether by virtue of any constitution, statute or rule of law, or by the [endorsement] enforcement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
Sec. 74. (There is no section 74.)
Sec. 75. NRS 350.614 is hereby amended to read as follows:
350.614 Except as otherwise provided in the Local Government Securities Law and in any other act the provisions of which are relevant by express reference herein thereto or by provisions to that effect therein, any securities issued hereunder shall be:
1. In such form;
2. Issued in such manner, at, above or below par at a discount not exceeding [8] 9 percent of the principal amount of the securities, and at a price which will result in an effective interest rate of not more than [8] 9 percent per annum;
3. Issued with such provisions:
(a) For the application of any accrued interest and any premium from the sale of any bonds or other municipal securities hereunder as provided in NRS 350.648;
κ1975 Statutes of Nevada, Page 867 (CHAPTER 522, AB 384)κ
(b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
(c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities in not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
(d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
(e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
(f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
(g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise;
(h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and
(i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities; and
4. Issued otherwise with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the governing body in an ordinance authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 76. NRS 350.630 is hereby amended to read as follows:
350.630 1. As the governing body may determine, any bonds and other municipal securities issued hereunder, except as otherwise provided in the Local Government Securities Law, or in any act supplemental thereto, shall:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
κ1975 Statutes of Nevada, Page 868 (CHAPTER 522, AB 384)κ
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;
(d) Bear interest at a rate or rates of not more than [8] 9 percent per annum, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the governing body; and
(f) Be printed at such place, within or without this state, as the governing body may determine.
2. General obligation bonds shall mature serially within not exceeding 30 years from their respective dates and commencing not later than the third year thereafter, in such manner as the governing body may determine.
3. Special obligation bonds shall mature within not exceeding 50 years from their respective dates.
Sec. 77. NRS 350.644 is hereby amended to read as follows:
350.644 The governing body may provide for the redemption of any or all of the bonds or other municipal securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [8] 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the governing body in the ordinance authorizing the issuance of the securities or other instrument appertaining thereto.
Sec. 78. NRS 350.676 is hereby amended to read as follows:
350.676 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding [3] 5 years from the date of the interim debentures, as the governing body may determine.
2. The proceeds of interim debentures shall be used to defray the cost of a project.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as bonds.
4. Except as otherwise provided in NRS 350.672 to 350.682, inclusive, interim debentures shall be issued as provided herein for municipal securities in NRS 350.584 to 350.670, inclusive, and NRS 350.708 to 350.720, inclusive.
Sec. 79. NRS 350.678 is hereby amended to read as follows:
350.678 1. Except as otherwise provided in NRS 350.674, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.
κ1975 Statutes of Nevada, Page 869 (CHAPTER 522, AB 384)κ
interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.
2. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of NRS 350.630.
3. Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [8] 9 percent per annum.
Sec. 80. NRS 350.694 is hereby amended to read as follows:
350.694 1. No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.
2. No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate exceeding [8] 9 percent per annum.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any municipal debt limitation.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
5. If at the time of the issuance of any issue of general obligation refunding bonds provision is not made for the redemption of all the outstanding bonds of the or each issue refunded, as the case may be, by the use of proceeds of the refunding bonds and any other moneys available for such redemption, the general obligation refunding bonds may mature but are not required to mature serially commencing not later than the third year after their respective dates in accordance with subsection 2 of NRS 350.630.
Sec. 81. NRS 354.440 is hereby amended to read as follows:
354.440 1. Whenever any governing board of any local government is authorized to enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.
2. The negotiable notes or bonds shall:
(a) Mature not later than 5 years from the date of issuance.
κ1975 Statutes of Nevada, Page 870 (CHAPTER 522, AB 384)κ
(b) Bear interest not to exceed [8] 9 percent per annum.
(c) Be redeemable at the option of such local government at any time when money is available in the special tax fund provided for in NRS 354.460.
Sec. 82. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance is empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, to local governments situated within the boundaries of the State of Nevada. Such loans shall be made only to local governments that have observed the regulations and followed the procedure for obtaining short-term financing set forth in chapter 354 of NRS. Such loans shall be made for a period of not longer than 5 years and shall bear interest at the rate of not to exceed [8] 9 percent per annum.
2. In making loans to local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
Sec. 83. NRS 387.335 is hereby amended to read as follows:
387.335 1. The board of trustees of a county school district may, when in its judgment it is advisable, call an election and submit to the electors of the county school district the question whether the negotiable coupon bonds of the county school district shall be issued and sold for the purpose of raising money for the following purposes, and no others:
(a) Construction or purchase of new school buildings, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.
(b) Enlarging, remodeling or repairing existing school buildings, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.
(c) Acquiring school building sites or additional real property for necessary school purposes, including but not limited to playgrounds, athletic fields and sites for stadiums.
(d) Purchasing necessary school equipment.
[(e) Refunding of any outstanding valid indebtedness of the county school district, evidenced by bonds, when the interest rate or rates on the indebtedness are to be increased or any bond maturity is to be extended.]
2. Any one or more of the purposes enumerated in subsection 1 [, except that of refunding any outstanding valid indebtedness of the county school district evidenced by bonds,] may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.
3. Nothing in this chapter prevents a county school district from exercising the powers granted thereto by the Local Government Securities Law, including, without limitation, the issuance of refunding bonds pursuant to NRS 350.684 to 350.706, inclusive, and to other provisions in the Local Government Securities Law supplemental to such sections therein.
Sec. 84. NRS 387.340 is hereby amended to read as follows:
387.340 1. When the board of trustees of a county school district deems it necessary to incur any bonded indebtedness authorized by NRS 387.335 to 387.525, inclusive, by issuing the negotiable coupon bonds of the county school district, the board of trustees, after compliance with the provisions of NRS 293.481, shall, by a resolution adopted and entered in its minutes:
κ1975 Statutes of Nevada, Page 871 (CHAPTER 522, AB 384)κ
387.335 to 387.525, inclusive, by issuing the negotiable coupon bonds of the county school district, the board of trustees, after compliance with the provisions of NRS 293.481, shall, by a resolution adopted and entered in its minutes:
(a) Find the necessity of and state the purpose or purposes for incurring the bonded indebtedness.
(b) Determine the maximum amount of bonds to be issued.
(c) Call an election for submission of the question whether the negotiable coupon bonds of the county school district should be issued and sold to raise money for the purpose or purposes stated.
(d) Designate whether the election shall be consolidated with the next general election, or shall be a special election which the board of trustees is authorized to call. For the purposes of NRS 387.335 to 387.525, inclusive, the term general election includes a primary election.
(e) Fix the date of the election.
2. The resolution adopted by the board of trustees pursuant to the provisions of subsection 1 shall fix a date for the election which will:
(a) Allow sufficient time for the electors of the county school district to register to vote pursuant to the provisions of the election laws of this state; and
(b) Allow sufficient time for the county clerk to perform the duties required of him by the election laws of this state.
3. Prior to the adoption of any such resolution the clerk of the board of trustees shall notify, in writing, the board of county commissioners of the county whose boundaries are conterminous with the boundaries of the county school district of the intention of such board of trustees to consider any such resolution.
Sec. 85. NRS 387.341 is hereby amended to read as follows:
387.341 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as provided in subsection 4, the office of the county clerk in the county in which the county school district holding the election for the authorization of bonds is situated, shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. [During the last 6 days of registration before such a special election, the] The office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted [.] , during the last days of registration as provided in subsection 2 of NRS 293.560.
κ1975 Statutes of Nevada, Page 872 (CHAPTER 522, AB 384)κ
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 86. NRS 396.816 is hereby amended to read as follows:
396.816 Cost of any project, or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, which cost at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the university or the board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the board, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the university or the board;
9. The costs of funding any [emergency loans,] short-term financing, construction loans and other temporary loans of not exceeding [3] 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and
10. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the board.
Sec. 87. NRS 396.842 is hereby amended to read as follows:
396.842 No recourse shall be had for the payment of the principal of, any interest on, and any prior redemption premiums due in connection with any bonds or other securities of the university or the board or for any claim based thereon or otherwise upon the resolution authorizing their issuance or other instrument appertaining thereto, against any individual regent of the board, past, present or future, either directly or indirectly through the board or the university, or otherwise, whether by virtue of any constitution, statute or rule of law, or by the [endorsement] enforcement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
κ1975 Statutes of Nevada, Page 873 (CHAPTER 522, AB 384)κ
virtue of any constitution, statute or rule of law, or by the [endorsement] enforcement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
Sec. 88. (There is no section 88.)
Sec. 89. NRS 396.850 is hereby amended to read as follows:
396.850 Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder shall be:
1. In such form;
2. Issued in such manner, at, above or below par at a discount not exceeding [8] 9 percent of the principal amount of the securities, at public or private sale, and at a price which will result in an effective interest rate of not more than [8] 9 percent per annum; and
3. Issued with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 90. NRS 396.852 is hereby amended to read as follows:
396.852 1. As the board may determine, any bonds and other securities issued hereunder (except as herein otherwise provided) shall:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the board, but not exceeding 50 years from their date;
(d) Bear interest at a rate or rates of not more than [8] 9 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the office of the treasurer of the university or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the board; and
(f) Be printed at such place within or without this state, as the board may determine.
2. Any bonds issued hereunder shall have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.
Sec. 91. NRS 396.854 is hereby amended to read as follows:
396.854 The board may provide for the redemption of any or all of the bonds or other securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [8] 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the board in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.
κ1975 Statutes of Nevada, Page 874 (CHAPTER 522, AB 384)κ
Sec. 92. NRS 396.868 is hereby amended to read as follows:
396.868 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding [3] 5 years from the date of the interim debentures, as the board may determine.
2. The proceeds of interim debentures shall be used to defray the cost of the project appertaining thereto.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as with the proceeds of bonds.
4. Except as otherwise provided in NRS 396.868 to 396.871, inclusive, interim debentures shall be issued as provided herein for board or university securities in NRS 396.839 to 396.867, inclusive, and 396.880 to 396.885, inclusive.
Sec. 93. NRS 396.869 is hereby amended to read as follows:
396.869 1. Pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures.
2. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.
3. Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds [8] 9 percent per annum.
Sec. 94. NRS 396.874 is hereby amended to read as follows:
396.874 1. No bonds may be refunded hereunder unless they have been outstanding for at least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.
2. No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate exceeding [8] 9 percent per annum.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent.
κ1975 Statutes of Nevada, Page 875 (CHAPTER 522, AB 384)κ
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 95. NRS 403.310 is hereby amended to read as follows:
403.310 All bonds shall bear interest at not to exceed [8] 9 percent per annum, payable semiannually, according to the tenor and effect of the bonds.
Sec. 96. NRS 474.250 is hereby amended to read as follows:
474.250 The bonds shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period.
Sec. 97. NRS 539.277 is hereby amended to read as follows:
539.277 1. When a contract has been or may hereafter be made with the United States, bonds of the district may be transferred to or deposited with the United States, if so provided by the contract and authorized as set forth in this chapter, at not less than 95 percent of their par value to the amount or any part thereof to be paid by the district to the United States.
2. The interest or principal, or both, of the bonds shall be raised by assessment and levy as prescribed in this chapter and shall be regularly paid to the United States and applied as provided in the contract.
3. Bonds transferred to or deposited with the United States may call for the payment of such interest, not exceeding [8] 9 percent per annum, may be of such denomination, and may call for the repayment of the principal at such times as may be agreed upon between the board and the Secretary of the Interior.
Sec. 98. NRS 539.280 is hereby amended to read as follows:
539.280 1. The contract with the United States may likewise call for the payment of the amount or amounts or any part thereof to be paid by the district to the United States at such times and in such installments and with such interest charges not exceeding [8] 9 percent per annum as may be agreed upon, and for assessment and levy therefor as provided in this chapter.
2. The obligations of such contracts shall be a prior lien to any subsequent bond issue.
Sec. 99. NRS 539.375 is hereby amended to read as follows:
539.375 1. The board of directors of the district may:
(a) Incur an indebtedness not exceeding, in the aggregate, the sum of $1,500, and not exceeding the estimated cost of preliminary surveys and engineering data; and
(b) Cause warrants of the district to issue therefor, bearing interest at not exceeding [8] 9 percent per annum.
2. The directors of the district shall have the power to levy an assessment on all the lands in such division benefited by such proposed improvements, in addition to any district assessment on the lands within such division, for the payment of such expenses and the redemption of such warrants.
Sec. 100. NRS 539.427 is hereby amended to read as follows:
539.427 The board of directors shall have power to prepare plans and estimates of the cost of such proposed improvement and to determine the manner in which the cost of such improvement shall be provided for.
κ1975 Statutes of Nevada, Page 876 (CHAPTER 522, AB 384)κ
and estimates of the cost of such proposed improvement and to determine the manner in which the cost of such improvement shall be provided for. For this purpose the board of directors may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing not more than [8] 9 percent interest per annum, interest payable semiannually, and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe.
Sec. 101. NRS 539.465 is hereby amended to read as follows:
539.465 1. If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the irrigation district bond commission, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of such funding or refunding bonds.
2. Such election shall be called and held and the result thereof determined and declared substantially in the same manner provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only shall be required for the authorization of such funding or refunding bonds.
3. The maturity or maturities of the funding or refunding bonds shall be fixed by the board of directors of the irrigation district, subject to the approval of the irrigation district bond commission, but in no case shall the maturity of any of the bonds be more than 40 years from the date thereof. The rate of interest on such bonds shall not exceed [8] 9 percent per annum, payable semiannually.
Sec. 102. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization, or for any of the purposes of this chapter, the board of directors may, at any time with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $50,000, nor in any event exceeding $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at not to exceed [8] 9 percent per annum. The directors shall have the power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the directors shall have the power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not to exceed $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.
Sec. 103. NRS 539.620 is hereby amended to read as follows:
539.620 The board of directors shall have the power, with the approval of a majority of the members of the irrigation district bond commission, to fix and determine otherwise than as provided in NRS 539.617 the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment, and to provide for the calling and redeeming of the bonds before maturity at a premium not in excess of [8] 9 percent above par; but in no case shall the maturity of any bond be more than 50 years from the date thereof.
κ1975 Statutes of Nevada, Page 877 (CHAPTER 522, AB 384)κ
Sec. 104. NRS 539.630 is hereby amended to read as follows:
539.630 The bonds shall bear interest at the rate of not to exceed [8] 9 percent per annum, payable semiannually on January 1 and July 1 of each year.
Sec. 105. NRS 540.590 is hereby amended to read as follows:
540.590 A debt or liability incurred in excess of the provisions of this chapter shall be absolutely void, except:
1. That for the purpose of organization or for the purpose of this chapter the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding [8] 9 percent per annum.
2. In any case where money has been theretofore loaned to the district and actually expended by the board of supervisors for the benefit of the district.
3. That in cases of great necessity the board of supervisors may apply to the Nevada tax commission as provided in chapter 354 of NRS for permission to obtain short-term financing to meet such necessity, and the Nevada tax commission may give its permission as therein provided. The limit of the loan for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.
Sec. 106. NRS 540.720 is hereby amended to read as follows:
540.720 Bonds shall bear interest at a rate not exceeding [8] 9 percent per annum, payable annually or semiannually, but the first interest payment date may be for interest accruing for any other period.
Sec. 107. NRS 543.710 is hereby amended to read as follows:
543.710 1. To carry out the purposes of NRS 543.160 to 543.840, inclusive, the board is authorized to issue general obligation negotiable coupon bonds of the district.
2. Bonds shall:
(a) Bear interest at a rate not exceeding [8] 9 percent per annum, payable semiannually.
(b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 40 years from date.
(c) Be in such denominations as the board determines and the bonds and coupons thereto attached shall be payable to bearer.
(d) Be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board.
3. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
4. The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding [8] 9 percent of the principal thereof.
κ1975 Statutes of Nevada, Page 878 (CHAPTER 522, AB 384)κ
payment of a premium, not exceeding [8] 9 percent of the principal thereof.
Sec. 108. NRS 704A.052 is hereby amended to read as follows:
704A.052 Engineer means the de facto or de jure [clerk] engineer of the municipality, or his successor in functions, if any.
Sec. 109. Section 15.01 of Article XV of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as last amended by chapter 679, Statutes of Nevada 1971, at page 2181, is hereby amended to read as follows:
Section 15.01. 1. The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
3. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
4. (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the director of the department of finance or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding [8] 9 percent of the principal amount of such securities so redeemed as determined by the council.
κ1975 Statutes of Nevada, Page 879 (CHAPTER 522, AB 384)κ
annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the director of the department of finance or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding [8] 9 percent of the principal amount of such securities so redeemed as determined by the council.
(b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.
(c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.
(d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.
(e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.
(f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code — Investment Securities.
(g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:
(1) May provide for the initial issuance of one or more securities (in this paragraph (g) called bond) aggregating the amount of the entire issue or any portion thereof.
κ1975 Statutes of Nevada, Page 880 (CHAPTER 522, AB 384)κ
(2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(3) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(4) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.
(h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council:
(1) Proof of ownership.
(2) Proof of loss or destruction.
(3) A surety bond in twice the face amount of the security and coupons.
(4) Payment of the cost of preparing and issuing the new security.
(i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the director of the department of finance, with the seal of the city affixed thereto and attested by the clerk.
(j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the director of the department of finance.
(k) Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
(l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
(m) The securities and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
(n) Any officer herein authorized or permitted to sign any security, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the security or coupons pertaining thereto, or upon both the security and such coupons.
κ1975 Statutes of Nevada, Page 881 (CHAPTER 522, AB 384)κ
(o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
5. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
κ1975 Statutes of Nevada, Page 882 (CHAPTER 522, AB 384)κ
insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
(q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
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(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
6. The council is hereby authorized to sell securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.616 to 350.626, inclusive, or at private sale. The council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
7. Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, the electors voting on the question at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.
Sec. 110. Section 20.65 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 727, and amended by chapter 679, Statutes of Nevada 1971, at page 2186, is hereby amended to read as follows:
Section 20.65. 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the city council may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.
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time upon call, shall bear interest at a rate or rates not exceeding [8] 9 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the city council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council by ordinance.
Sec. 111. Section 20.76 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 731, and last amended by chapter 679, Statutes of Nevada 1971, at page 2187, is hereby amended to read as follows:
Section 20.76. 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under the disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The city council may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding [9] 10 percent of the installment or installments of principal so prepaid.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Sec. 112. Section 20.78 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 732, and amended by chapter 679, Statutes of Nevada 1971, at page 2187, is hereby amended to read as follows:
Section 20.78. 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
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assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semi-annually, or quarter-annually, at a rate or rates not exceeding [9] 10 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the city council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The city council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
Sec. 113. Section 20.92 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 736, and amended by chapter 679, Statutes of Nevada 1971, at page 2188, is hereby amended to read as follows:
Section 20.92. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the city council to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the city council, below par at a discount not exceeding [8] 9 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than [8] 9 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the city council shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the city council may determine.
4. No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
5. The city council may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
6. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
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7. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
8. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city or any of its officers, agents and employees.
10. The city council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the city council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the city council may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the city council has not elected to proceed under subsection 2 or 3 of section 20.60 hereof, but has elected to proceed under subsection 1 thereof.
11. If the city council ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in section 20.55 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 114. Section 20.97 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 738, and amended by chapter 679, Statutes of Nevada 1971, at page 2189, is hereby amended to read as follows:
Section 20.97. Assessment bonds shall not bear interest at a rate or rates exceeding [8] 9 percent per annum.
Sec. 115. Section 20.98 of Article XX of chapter 180, Statutes of Nevada 1949, being the charter of the city of Sparks, as added by chapter 347, Statutes of Nevada 1963, at page 738, and amended by chapter 679, Statutes of Nevada 1971, at page 2189, is hereby amended to read as follows:
Section 20.98. 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
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(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the city council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding [8] 9 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the city council may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code — Investment Securities.
5. Notwithstanding any other provisions of law, the city council, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payment of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the city council:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
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7. Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.
9. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the city to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
11. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the deliver thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
12. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 116. Section 16e of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 307, Statutes of Nevada 1951, at page 480, and amended by chapter 679, Statutes of Nevada 1971, at page 2191, is hereby amended to read as follows:
Section 16e. Such bonds shall be in coupon form, but may be made registerable as to principal if so provided in the resolution adopting the proposal to be submitted at any bond election. The bonds shall be in the denomination of $100 or a multiple thereof, shall bear interest at a coupon rate not exceeding [eight] 9 percent per annum, shall mature serially or otherwise in such manner as may be provided by the governing body, but not later than forty years from their date, shall be made payable at such place or places within or without the State of Nevada as may be provided by the governing body, and in the discretion of the governing body may be made redeemable at the option of the district prior to maturity at such premium or premiums not greater than [one hundred eight] 9 percent of the principal amount thereof as the governing body may determine. The bonds shall be signed by the president and attested by the secretary of the district under the official seal of the district in such manner as may be provided by resolution of the board. Interest coupons to be attached to the bonds may be executed with the facsimile signatures of such officers, and in the event any officer whose signature appears on such bond or coupons shall cease to be such officer before delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes.
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for all purposes. The bonds shall be sold in such manner and at such times as the governing body may determine at public or private sale for such prices as the governing body shall approve, except that in no event shall the bonds be sold at a price which will result in an interest yield therefrom of more than [eight] 9 percent per annum computed to average maturity according to standard tables of bond values. The proceeds from the sale of the bonds shall be applied exclusively to the purposes stated in the notice of the election and to the payment of the incidental expenses in connection therewith, and expenses incurred in connection with the authorization and issuance of the bonds, including but without limitation, engineering and legal fees and expenses, fiscal agents fees and expenses, and the payment of interest on the bonds during the period of construction of any improvements for which the bonds were voted and for six months thereafter. The proceeds from the sale of the first bonds issued by the district may also be used to repay any amounts advanced to the district by Clark County, which have not been repaid at the time the bonds are issued. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds.
All bonds issued under the provisions of this act shall constitute negotiable instruments within the meaning of the negotiable instruments law as that law is now or may hereafter be in force in the State of Nevada.
Sec. 117. Section 40 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 446, Statutes of Nevada 1963, at page 1201, and last amended by chapter 797, Statutes of Nevada 1973, at page 1799, is hereby amended to read as follows:
Section 40. 1. All special assessments shall from the date of approval of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
2. The special assessments shall be due and payable without demand and without interest within 30 days from the approval of the final assessment role. All assessments remaining unpaid at the end of the cash payment period, at the option of the board, may be made payable in not less than four nor more than 15 annual installments of principal, with interest thereon at a rate of interest not exceeding [8 1/2] 9 1/2 percent per annum. Installments may be collected in either substantially equal installments of principal or in such manner that annual collections of principal together with the interest thereon payable in any 1 year are substantially equal.
3. The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date.
4. Any penalty which may be established by the board in the assessment resolution must also be paid in full before the lien will be released.
Sec. 118. Section 45 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 446, Statutes of Nevada 1963, at page 1202, and last amended by chapter 797, Statutes of Nevada 1973, at page 1800, is hereby amended to read as follows:
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446, Statutes of Nevada 1963, at page 1202, and last amended by chapter 797, Statutes of Nevada 1973, at page 1800, is hereby amended to read as follows:
Section 45. 1. When the board shall determine to make any improvement and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the district at any general or special election, cause to be issued bonds of the district in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. The bonds shall be called (insert name of subdivision, district or street) Improvement Bonds, shall be signed by the president and countersigned by the secretary of the district, and shall not be sold for less than their par value nor before the work of the improvement is ordered. The bonds may bear interest at a rate or at rates not to exceed [8] 9 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be form by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. The bonds may be serial or term in form, may be subject to call for redemption prior to maturity in such manner as the board may determine, shall be payable within a period of not to exceed 15 years, and shall be in such form and denominations as the board shall determine.
2. The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as provided in sections 25 to 45, inclusive, and, when collected, shall be placed in a special fund to be known as ...................... Improvement Bond Interest and Redemption Fund, and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and the interest thereon is fully paid.
3. The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.
4. In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of the general funds of the district.
Sec. 119. Section 46 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 120, Statutes of Nevada 1969, at page 163, and amended by chapter 679, Statutes of Nevada 1971, at page 2193, is hereby amended to read as follows:
Section 46. 1. As an alternative means to obtain funds for the accomplishment of any of its corporate purposes, the district shall also have the power to borrow money and to issue and sell notes, in either negotiable or nonnegotiable form, to evidence the indebtedness created by such borrowing whenever the board determines that the public interest and necessity require the exercise of that power.
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negotiable or nonnegotiable form, to evidence the indebtedness created by such borrowing whenever the board determines that the public interest and necessity require the exercise of that power. Such notes may be issued and sold from time to time as the board determines at either public or private sale; provided, however, that such notes shall not be issued in a principal amount which exceeds the amount of any unused balance of indebtedness authorized by vote of the qualified electors of the district and not otherwise incurred; provided further that any note issued hereunder shall mature not later than 5 years from its date; and provided further that the maximum rate of interest upon any such note shall not exceed [8] 9 percent per annum. Notes authorized pursuant to this section shall be in such form and amount as the board shall determine and set forth in its resolution providing for the issuance of the notes. Any such notes may be refunded in the manner prescribed by Section 16i.
2. Notes issued pursuant to this section shall be issued as the general obligations of the district, for the payment of which the full faith, credit and resources of the district are pledged, and it shall be the duty annually of the governing body to provide for the levy of taxes on all taxable property in the district (subject to pertinent existing constitutional restrictions) fully sufficient in conjunction with other available income and revenues of the district to assure the prompt payment of principal and interest as they fall due. The governing body of the district shall in each year in due season, prior to the time when county taxes are levied by the board of county commissioners, determine the amount of taxes, if any, which are necessary to be levied on the taxable property in such district for such year, for the purpose of supplementing other revenues of the district available for the payment of principal and interest of any general obligation bond issues or notes issued pursuant to this section; and prior to the date on which the board of county commissioners makes the county levy for such year the governing body of the district shall certify to the clerk of the board of county commissioners the amount necessary to be so raised by taxes levied against the taxable property in the district in such fiscal year. The board of county commissioners shall at the time of making the levy of county taxes for that year levy the tax so certified upon all taxable property in the district. Such tax when levied shall be entered upon the assessment rolls and collected in the same manner as state and county taxes and the proceeds thereof shall be paid to the treasurer of the district to be used for the purposes for which the tax was levied. All taxes levied as herein provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the board of county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee or compensation shall be paid to any officer for carrying out the provisions of this section. In the event that the total taxes requested to be levied in any 1 year by the district and the political subdivision which overlap it should exceed 50 mills and reduction thereof shall become necessary by reason of the restriction contained in section 2 of article 10 of the constitution of the State of Nevada, the board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of and interest on any note of the district which may have been issued with the pledge of the full faith, credit and resources of the district; and where notes have been so issued, the district shall be regarded as a political subdivision of the State of Nevada for the purposes of NRS 350.250, and the provisions of NRS 350.250 shall be applicable to the district.
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board charged with the duty of making such reductions and allocations is hereby required to allocate to the district sufficient taxes to assure the payment to the district of money sufficient to make certain the prompt payment of and interest on any note of the district which may have been issued with the pledge of the full faith, credit and resources of the district; and where notes have been so issued, the district shall be regarded as a political subdivision of the State of Nevada for the purposes of NRS 350.250, and the provisions of NRS 350.250 shall be applicable to the district.
3. The provisions of law regarding the general obligation bond commission (NRS 350.001 to 350.006, inclusive) shall not apply to notes issued pursuant to this section.
4. The authority granted by this section shall not be construed as a continuing revolving authorization to issue such notes but rather is authority only to issue notes in lieu of the bonds previously authorized. The issuance of notes pursuant to this section exhausts, to the extent of their principal amount, any unused balance of indebtedness authorized by vote of the qualified electors of the district.
Sec. 120. 1. The purpose of the legislature in enacting this section is to authorize the application of the liberalizing provisions relating to interest, discount and time of issuance or sale of public securities contained in this act to securities authorized at an election held before, but unsold upon, the effective date of this act. The legislature finds that this exercise of its plenary power is advisable in view of the highly unsatisfactory bond marketing experiences of public issuers which have resulted from an unanticipated rise in interest rates, and is necessary to avoid the postponement of essential public projects.
2. Notwithstanding the provisions of any other law, general or special, or of any special charter, where the issuance of any bond or other evidence of indebtedness by this state or by any political subdivision thereof has been authorized at an election held before the effective date of this act pursuant to any law then in effect, whether or not a question has been submitted to the electorate which set forth a lower maximum rate of interest, such bond or other evidence of indebtedness may be issued and sold without any further election:
(a) At a maximum interest rate of not more than 9 percent per annum.
(b) At a discount of not more than 9 percent of the principal amount, but the effective interest rate shall not exceed 9 percent per annum.
(c) At any time prior to the expiration of 6 years from the date of the election authorizing such issue.
Sec. 121. 1. The purpose of the legislature in enacting this section is to authorize the application of the liberalizing provisions relating to interest on special assessments and their prepayment premiums contained in this act and pertaining to securities payable from such assessments but remaining unsold prior to the effective date of this act. In view of the unsatisfactory bond marketing experiences in the past year of public issues which have resulted from an unanticipated rise in interest rates, the legislature finds that this exercise of its plenary power is advisable and is necessary to avoid the postponement of essential public projects.
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2. Notwithstanding the provisions of any other law, general or special, or of any special charter, where any bonds or other securities payable from special assessments remain unsold on the effective date of this act, and notwithstanding the status of the proceedings taken preliminary to and in the levy of such special assessments by the state or any political subdivision thereof, the special assessments may be levied or relevied after the effective date of this act in accordance with the liberalizing provisions of this act, except as provided in subsections 3 and 4 of this section.
3. On the effective date of this act if any special assessments have been levied or if notice of a hearing on any proposed special assessments has been given, and if the limitations pertaining to the payment of the assessments are more restrictive than provisions therefor permitted by this act, the special assessments may be relevied or levied, subject to the limitations therein, after a hearing is given as provided by the act authorizing the levy of such assessments, as amended by this act, if the proceedings pertaining to such notice, hearing and relevy or levy of the assessments state provisions for their payment in compliance with such enabling act as so amended.
4. The state or political subdivision relevying or levying any such special assessments may do so and may authorize or reauthorize the issuance of the bonds or other securities payable therefrom without the necessity of the proceedings taken preliminary thereto being retaken, including without limitation any preliminary hearing (other than the hearing on the proposed special assessments), except as provided in subsection 3 of this section.
Sec. 122. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purpose.
Sec. 123. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 124. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 894κ
Assembly Bill No. 590Assemblymen Getto, Jacobsen, Demers, Hayes, Dini, Bremner, Weise, Wagner, Hickey and Lowman
CHAPTER 523
AN ACT relating to hunting licenses; making successful completion of the course in safe firearm handling, as provided by the Nevada department of fish and game a prerequisite to issuance of a hunting license to persons convicted of certain firearm offenses; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who has been convicted of violating NRS 503.165 or 503.175 shall not be issued a hunting license until he has successfully completed a course in safe firearm handling conducted pursuant to NRS 502.340.
Sec. 2. NRS 502.340 is hereby amended to read as follows:
502.340 The department shall certify instructors who will, on a voluntary basis and with the cooperation of the department, give instruction in the course of safe firearm handling established by the department to all eligible persons who, upon the successful completion of such course, shall be issued a certificate of competency in firearms handling. Persons who are disqualified from obtaining a hunting license, pursuant to section 1 of this act, are eligible for the course.
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Assembly Bill No. 589Assemblymen Getto, Jacobsen, Howard, Dini, Weise, Hayes, Demers, Bremner, Hickey and Lowman
CHAPTER 524
AN ACT relating to fish and game; increasing the penalties for certain fish and game violations.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission shall revoke all licenses of any person who is convicted of a violation of subsection 1 of NRS 503.050 with respect to the waste of any wild turkey, or a violation of subsection 2 of NRS 503.050 with respect to any antelope, bear, deer, goat, moose, peccary, sheep or wapiti, in addition to the penalty imposed, and shall refuse to issue any new license to the convicted person for a period of 5 years following such conviction.
κ1975 Statutes of Nevada, Page 895 (CHAPTER 524, AB 589)κ
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the commission.
Sec. 2. NRS 501.387 is hereby amended to read as follows:
501.387 1. [Upon] Except as provided in section 1 of this act, upon a conviction of a violation of any provision of this Title, in addition to the penalty provided for such violation, the court may require the surrender of all licenses issued under the provisions of this Title and held by the convicted person.
2. Upon the second such conviction within 5 years, the court:
(a) Shall require the surrender of all such licenses so held; and
(b) May recommend to the commission that no license be issued to such person for any period not to exceed 2 years from the date of such conviction.
Upon receipt of any recommendation from the court as provided in paragraph (b), the commission may refuse to issue any license to the convicted person during the period recommended by the court.
3. In addition to the penalty provided for the violation of any of the provisions of this Title, the court may cause to be confiscated all wildlife taken or possessed by the violator. All confiscated wildlife shall be disposed of as directed by the court.
________
Senate Bill No. 471Committee on Government Affairs
CHAPTER 525
AN ACT relating to tests to determine use of controlled substances by probationers; requiring the state to pay from the reserve for statutory contingency fund the costs of tests required as a condition of probation to determine controlled substance use by probationers; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 176.187 is hereby amended to read as follows:
176.187 1. Upon the granting of probation to a person convicted of any crime related to the sale, possession or use of a controlled substance, as defined in chapter 453 of NRS, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any such substance. Any such use or any failure or refusal to submit is a ground for revocation of probation.
2. Any expense incurred as a result of any such test is a charge against the [county in which probation was granted.] state, to be paid from the reserve for statutory contingency fund pursuant to the provisions of NRS 353.264.
κ1975 Statutes of Nevada, Page 896 (CHAPTER 525, SB 471)κ
Sec. 2. 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, 176.187, 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 obligations of the state under NRS 7.260, 176.215, 177.345, 179.225 and 213.153 and subsection 4 of NRS 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.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 407Committee on Judiciary
CHAPTER 526
AN ACT prescribing conditions precedent to tort actions against present and former public officers, employees and state legislators; providing public defense of such actions; and limiting right of contribution and indemnity.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No tort action arising out of an act or omission within the scope of his public employment may be brought against any officer or employee, or former officer or employee, of the state or of any political subdivision or against any state legislator or former state legislator unless the state or appropriate political subdivision is named a party defendant under NRS 41.031.
2. The state or appropriate political subdivision shall defend any such action on behalf of the officer, employee or legislator or former officer, employee or legislator unless such person refuses legal representation offered by the state or political subdivision. If such legal representation is refused by such person, the state or political subdivision shall defend on its own behalf.
3. The state or appropriate political subdivision shall have no right of contribution or indemnity against the officer, employee or legislator or former officer, employee or legislator unless it establishes that he failed to cooperate in good faith in the defense of the action or that his conduct was wanton or malicious.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 897κ
Senate Bill No. 69Senators Raggio, Herr, Young, Neal, Gojack, Sheerin, Close, Wilson, Echols, Blakemore, Gibson, Hilbrecht, Monroe, Brown, Lamb, Dodge, Foote and Walker
CHAPTER 527
AN ACT relating to health insurance; requiring certain insurers to accept Uniform Billing and Claims Forms or uniform forms prescribed by the commissioner; permitting hospitals or medical or dental service corporations to use Uniform Billing and Claims Forms; permitting persons in the health professions to use uniform forms prescribed by the commissioner; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every insurer under a health insurance contract and every state agency for its records shall accept from:
1. A hospital the Uniform Billing and Claims Forms established by the American Hospital Association in lieu of its individual billing and claims forms.
2. An individual who is licensed to practice one of the health professions regulated by Title 54 of NRS such uniform health insurance claims forms as the commissioner shall prescribe, except in those cases where the commissioner has excused uniform reporting.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every insurer under a group health insurance contract or a blanket health insurance contract and every state agency, for its records shall accept from:
1. A hospital the Uniform Billing and Claims Forms established by the American Hospital Association in lieu of its individual billing and claims forms.
2. An individual who is licensed to practice one of the health professions regulated by Title 54 of NRS such uniform health insurance claims forms as the commissioner shall prescribe, except in those cases where the commissioner has excused uniform reporting.
Sec. 3. Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every nonprofit hospital or medical or dental service corporation may utilize the Uniform Billing and Claims Forms established by the American Hospital Association.
Sec. 4. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every hospital licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive, may utilize the Uniform Billing and Claims Forms established by the American Hospital Association.
Sec. 5. NRS 449.001 is hereby amended to read as follows:
449.001 As used in NRS 449.001 to 449.245, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.003 to 449.018, inclusive, and sections 2 and 3 of [this act] Senate Bill 91 of the 58th session of the Nevada Legislature have the meanings ascribed to them in such sections.
κ1975 Statutes of Nevada, Page 898 (CHAPTER 527, SB 69)κ
[this act] Senate Bill 91 of the 58th session of the Nevada Legislature have the meanings ascribed to them in such sections.
Sec. 6. NRS 449.140 is hereby amended to read as follows:
449.140 1. Funds received from the licensure of health and care facilities shall be deposited in the health and care facility licensing administration fund and thereby merged with appropriated funds, and shall be disbursed on claims signed by the health division and paid, as other claims against the state are paid, out of the health and care facility licensing administration fund in the state treasury.
2. The health division shall enforce the provisions of NRS 449.001 to 449.245, inclusive, and section 4 of this act, and may incur any necessary expenses not in excess of the revenue from fees from licensure and appropriated and authorized state and federal funds.
Sec. 7. NRS 449.150 is hereby amended to read as follows:
449.150 The health division may:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a health and care facility. Such facility is subject to inspection and approval as to fire safety standards, on behalf of the health division, by the state fire marshal or his designate.
2. Inspect every licensed health and care facility as often as is necessary to assure that there is compliance with all applicable rules, regulations and standards.
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.001 to 449.245, inclusive [.] , and section 4 of this act.
Sec. 8. NRS 449.160 is hereby amended to read as follows:
449.160 The health division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and section 4 of this act, upon any of the following grounds:
1. Violation by the applicant or the licensee of any of the provisions of NRS 449.001 to 449.245, inclusive, and section 4 of this act, or of any other law of this state or of the standards, rules and regulations promulgated thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
5. Failure of the applicant to obtain written approval from the state comprehensive health planning advisory council as required by NRS 439A.100 and as provided in the rules of such council.
Sec. 9. NRS 449.230 is hereby amended to read as follows:
449.230 Any duly authorized member or employee of the health division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive [.] , and section 4 of this act.
κ1975 Statutes of Nevada, Page 899 (CHAPTER 527, SB 69)κ
Sec. 10. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the health division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.001 to 449.245, inclusive [.] , and section 4 of this act.
Sec. 11. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 740Assemblyman Jacobsen
CHAPTER 528
AN ACT relating to fire protection districts; authorizing compensation for the members of the board of directors of such districts; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 474 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each member of the board of directors of a county fire protection district established pursuant to NRS 474.010 to 474.450, inclusive, may receive as compensation for his services a sum to be determined by the board, but not in excess of $1,800 per year. Such compensation shall be paid on a monthly basis.
2. A member of the board of directors shall not receive any compensation as an employee of the district other than that provided in subsection 1.
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Assembly Bill No. 655Committee on Agriculture
CHAPTER 529
AN ACT relating to conservation districts; changing the basis of voter eligibility from land occupier to registered voter; changing the boundary requirement of districts to coincide with established political townships; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 548.055 is hereby amended to read as follows:
548.055 Nominating petition means a petition [filed under the provisions of NRS 548.250 and paragraph (b) of subsection 6 of 548.285] to nominate candidates for the office of supervisor of a conservation district.
κ1975 Statutes of Nevada, Page 900 (CHAPTER 529, AB 655)κ
Sec. 2. NRS 548.185 is hereby amended to read as follows:
548.185 1. Any 10 occupiers of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state conservation commission asking that a conservation district be organized to function in the territory described in the petition.
2. The petition shall set forth:
(a) The proposed name of the district.
(b) That there is need, in the interest of public health, safety and welfare, for a conservation district to function in the territory described in the petition.
(c) A description of the territory proposed to be organized as a district, which [description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate.
(d) A request that the state conservation commission duly define the boundaries for such district.
(e)] shall consist of one or more townships created pursuant to chapter 257 of NRS.
(d) A request that a referendum be held within the territory so defined on the question of the creation of a conservation district in such territory, and that the commission determine that such a district be created.
3. Where more than one petition is filed covering parts of the same territory, the state conservation commission may consolidate all or any such petitions.
Sec. 3. NRS 548.195 is hereby amended to read as follows:
548.195 1. After such hearing, if the commission [shall determine,] determines, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the territory considered at the hearing, the commission shall make and record such determination, and shall [define by metes and bounds or by legal subdivisions the boundaries of such] determine the township or townships to be included in the district.
2. In making such determination, [and in defining such boundaries,] the commission shall give due weight and consideration to:
(a) The topography of the area considered and of the state.
(b) The composition of soils therein.
(c) The distribution of erosion.
(d) The prevailing land use practices.
(e) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries.
(f) The relation of the proposed area to existing watersheds and agricultural regions, and to other conservation districts already organized or proposed for organization under the provisions of this chapter.
(g) Such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive.
3. [The territory to be included within such boundaries need not be contiguous.
κ1975 Statutes of Nevada, Page 901 (CHAPTER 529, AB 655)κ
4.] After consideration of the petition and of any other evidence of interest in the organization of a district, and of the relevant factors regarding the need for a district to function in the territory being considered, the state conservation commission may make the determination of such need without holding a hearing.
Sec. 4. NRS 548.205 is hereby amended to read as follows:
548.205 1. After the commission has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has [defined the boundaries thereof,] determined the township or townships to be included, the commission shall consider the question whether the operation of a district within such [boundaries] territory with the powers conferred upon conservation districts in this chapter is administratively practicable and feasible.
2. To assist the commission in the determination of such administrative practicability and feasibility, the commission shall, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of [the boundaries thereof,] its territory, hold a referendum within the proposed district upon the proposition of the creation of the district, and shall cause due notice of such referendum to be given.
3. The question shall be submitted by ballots upon which the words For creation of a conservation district [of the lands below described and lying in the county(ies) of ...................... and ...........................] consisting of the township (or townships) of ........................ in the county (or counties) of ........................ and Against creation of a conservation district [of the lands below described and lying in the county(ies) of ...................... and ....................] consisting of the township (or townships) of ........................ in the county (or counties) of ........................ shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions, as the voter may favor or oppose creation of such district. [The ballot shall set forth the boundaries of such proposed district as determined by the commission.]
4. All [occupiers of lands lying within the boundaries of the territory, as determined by the state conservation commission,] persons determined by the county clerk or clerks to be registered voters residing within the boundaries of the proposed conservation district shall be eligible to vote in such referendum. [Only such land occupiers shall be eligible to vote.]
Sec. 5. NRS 548.215 is hereby amended to read as follows:
548.215 1. The commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district [within the defined boundaries] is administratively practicable and feasible.
2. If the commission [shall determine] determines that the operation of such district is not administratively practicable and feasible, the commission shall record such determination and deny the petition.
3. If the commission [shall determine] determines that the operation of the district is administratively practicable and feasible, the commission shall record such determination and shall proceed with the organization of the district in the manner provided in this chapter.
κ1975 Statutes of Nevada, Page 902 (CHAPTER 529, AB 655)κ
of the district in the manner provided in this chapter. The commission shall not [have authority to] determine that the operation of the proposed district [within the defined boundaries] is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the [proposition of] creation of the district [shall have been] are cast in favor of the creation of such district.
4. In making such determination, the commission shall give due regard and weight to:
(a) The attitudes of the occupiers of lands lying within the defined boundaries.
(b) The number of [land occupiers eligible to vote in such referendum who shall have voted.] eligible registered voters who voted in the referendum.
(c) The proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast.
(d) The approximate wealth and income of the land occupiers of the proposed district.
(e) The probable expense of carrying on erosion-control operations within such district.
(f) Such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive.
Sec. 6. NRS 548.225 is hereby amended to read as follows:
548.225 1. If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, the commission shall appoint [two] five supervisors to act as the governing body of the district until the time of the election of five supervisors by the qualified electors of the district, at which time such appointments shall be terminated. The number of supervisors elected to 2-year and 4-year terms shall correspond to the respective numbers so elected in all other districts at that particular election.
2. The [two] five supervisors appointed by the commission shall be persons who are by training and experience qualified to perform the specialized, skilled services which will be required of them in the performance of their duties hereunder.
Sec. 7. NRS 548.235 is hereby amended to read as follows:
548.235 1. The [two] five appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals):
(a) That a petition for the creation of the district was filed with the state conservation commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to such petition.
(b) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter.
(c) That the commission has appointed them as supervisors.
(d) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office.
κ1975 Statutes of Nevada, Page 903 (CHAPTER 529, AB 655)κ
(e) The term of office of each of the supervisors.
(f) The name which is proposed for the district.
(g) The location of the principal office of the supervisors of the district.
2. The application shall be subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officers presence.
3. The application shall be accompanied by a statement by the state conservation commission, which shall certify (and such statement need contain no detail other than the mere recitals):
(a) That a petition was filed, notice issued and hearing held as required by this chapter.
(b) That the commission did duly determine that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the proposed territory and did define the [boundaries thereof.] township or townships to be included.
(c) That notice was given and a referendum held on the question of the creation of such district, and that [the result of such referendum showed] a majority of the votes cast in such referendum [to be] were in favor of the creation of the district.
(d) That thereafter the commission did duly determine that the operation of the proposed district is administratively practicable and feasible.
4. The statement shall set forth the [boundaries of the district as they have been defined by the commission.] township or townships to be included.
Sec. 8. NRS 548.250 is hereby amended to read as follows:
548.250 1. Within 30 days after the date of issuance by the secretary of state of a certificate of organization of a conservation district, nominating petitions may be filed with the state conservation commission to nominate candidates for supervisors at large of such district.
2. The commission shall have authority to extend the time within which nominating petitions may be filed.
3. No such nominating petition shall be accepted by the commission unless it shall be subscribed by three or more [occupiers of land lying within the boundaries of] registered voters residing within such district.
4. [Land occupiers] Registered voters of the district may sign more than one such nominating petition to nominate more than one candidate for supervisor.
Sec. 9. NRS 548.265 is hereby amended to read as follows:
548.265 All [owners of record and all occupiers of land lying] registered voters residing within the district [shall be] are eligible to vote in such election.
Sec. 10. NRS 548.270 is hereby amended to read as follows:
548.270 The commission shall:
1. Supervise the conduct of such election.
2. Prescribe regulations governing the conduct of such election. [and the determination of the eligibility of voters therein.]
3. Publish the results thereof.
Sec. 11. NRS 548.275 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 904 (CHAPTER 529, AB 655)κ
548.275 1. In the [initial election,] election held in 1976, two terms of 4 years each and [single] three terms of [3 years,] 2 years [and 1 year respectively] each shall be allocated among the candidates in descending order of number of votes received.
2. Supervisors who receive an equal number of votes shall draw lots to determine their terms.
3. After [the initial] that election, [one supervisor] supervisors shall be elected [each year] for [a term] terms of 4 years.
Sec. 12. NRS 548.285 is hereby amended to read as follows:
548.285 1. The county clerk of the county in which a conservation district is situated, or his designee, shall conduct [an annual] a biennial nonpartisan election for the replacing of any supervisors whose terms are about to expire [or have expired] and shall pay all costs of such election from county funds.
2. Such an election shall be held [within a period of 30 days before or after the date of expiration of a supervisors term.] either at a mass meeting of electors, held in a centrally located public meeting place within the district, or as part of the general election.
3. [The county clerk shall give public notice of such election by publication in a newspaper of general circulation, or by written notice, individually mailed to all qualified electors, not less than 10 days in advance of the date of election.
4. The election shall be held either at a mass meeting of electors held in a centrally located public meeting place within the district, or at one or more public polling places conveniently located within the district and available at no cost.
5.] If a mass meeting is held for the election, it shall be held within the district on one of the first 10 days of November in each even-numbered year.
4. If the election is held at a mass meeting:
(a) The chairman of the district supervisors shall preside at this meeting and the secretary of the district shall keep a record of transactions at the meeting.
(b) Nominations of candidates shall be made verbally from the floor.
(c) Voting shall be by secret ballot. The chairman of the district supervisors shall appoint three electors present to act, without pay, as judges and tellers to count the votes at the conclusion of voting.
[6.] 5. If the election is held [at public polling places:] as part of the general election:
(a) [Each such place shall be open to electors for a period of at least 6 hours between the hours of 9:00 a.m. and 6:00 p.m. on the day of election. The locations and the hours the polls will be open shall be included in the public notice of the election. An attendant, serving without pay, and a sealed ballot box shall be provided at each polling place during the period the polls are open.
(b) The chairman of the district supervisors shall appoint a nominating committee which shall present to the chairman the name or names of qualified candidates. Any qualified elector of the district desiring to be a candidate for supervisor may file with the district a nomination petition at least 10 days prior to the election, subscribed by at least three occupiers of land lying within the boundaries of the district.
κ1975 Statutes of Nevada, Page 905 (CHAPTER 529, AB 655)κ
lying within the boundaries of the district. Names of all such qualified candidates shall be included on the ballot.
(c)] Candidates are bound by the election laws governing county elections.
(b) Ballots shall be provided bearing the names of candidates in alphabetical order by surnames with a square before each name and a direction to insert an X mark in the square before the name or names of the voters choice.
[(d)] (c) At the close of polling, the sealed ballot boxes shall be delivered unopened to the county clerk or his designee, who shall appoint three electors to act, without pay, as judges and tellers to open the boxes and count the votes.
[7.] 6. The result of the election shall be certified to the state conservation commission and to the secretary of state by the county clerk or his designee, within 1 week following the date of election.
[8.] 7. If a conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified conservation district electors the duty of carrying out the provisions of this section and shall reimburse such county on a pro rata basis for their respective counties shares of the expenses of conducting the election.
[9. At the first annual election in a district after July 1, 1973, five supervisors shall be elected in accordance with the provisions of this section and NRS 548.290 in order to accomplish the transition to five elected supervisors with staggered terms.]
Sec. 13. NRS 548.290 is hereby amended to read as follows:
548.290 1. [The term of office of each elected supervisor shall be 4 years, except the shorter initial terms provided in NRS 548.275.
2.] Each supervisor who is appointed under the provisions of NRS 548.283 shall serve for a term of 2 years.
[3. A supervisor shall hold office until his successor has been elected or appointed and has qualified.]
2. Elected supervisors shall take office on the 1st Monday in January following their election.
Sec. 14. NRS 548.415 is hereby amended to read as follows:
548.415 If a referendum is to be held:
1. The proposed regulations shall be embodied in a proposed ordinance.
2. Copies of such proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum.
3. The notices of the referendum shall recite the contents of such proposed ordinance, or shall state where copies of such proposed ordinance can be examined.
4. The question shall be submitted by ballots, upon which the words For approval of proposed ordinance No. ....................., prescribing land use regulations for conservation of soil and prevention of erosion and Against approval of proposed ordinance No. ....................., prescribing land use regulations for conservation of soil and prevention of erosion shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions as the voter may favor or oppose approval of such proposed ordinance.
κ1975 Statutes of Nevada, Page 906 (CHAPTER 529, AB 655)κ
to insert an X mark in the square before one or the other of the propositions as the voter may favor or oppose approval of such proposed ordinance.
5. The commission shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof.
6. [All occupiers of lands within the district shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.] All persons determined by the county clerk or clerks to be registered voters residing within the district are eligible to vote in such referendum.
7. No informalities in the conduct of such referendum or in any matters relating thereto [shall] invalidate the referendum or the result thereof if notice thereof [shall have been] was given substantially as provided in this chapter and the referendum [shall have been] was fairly conducted.
Sec. 15. NRS 548.530 is hereby amended to read as follows:
548.530 1. Within 60 days after a petition for discontinuance has been received by the state conservation commission, it shall give due notice of the holding of the referendum [.] if one is to be held.
2. The commission shall supervise the referendum and issue appropriate regulations governing the conduct thereof.
3. The question shall be submitted by ballots upon which the words For terminating the existence of the .......................... (name of the conservation district to be here inserted) and Against terminating the existence of the ........................... (name of the conservation district to be here inserted) shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions, as the voter may favor or oppose discontinuance of such district.
4. [All occupiers of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.] All persons determined by the county clerk or clerks to be registered voters residing within the district are eligible to vote in such referendum.
5. No informalities in the conduct of such referendum or in any matters relating thereto [shall] invalidate the referendum or the result thereof if notice thereof [shall have been] was given substantially as provided in this chapter and the referendum [shall have been] was fairly conducted.
6. The commission shall publish the result of the referendum.
Sec. 16. NRS 548.535 is hereby amended to read as follows:
548.535 1. The commission shall consider the information and facts presented in the petition and brought out in any public hearings that may be held and the result of the referendum if one is held, and shall thereafter determine whether the continued operation of the district [within the defined boundaries] is administratively practicable and feasible.
2. If the commission [shall determine] determines that the continued operation of such district is administratively practicable and feasible, the commission shall record such determination and deny the petition. The commission shall not [have authority to] determine that the continued operation of the district is administratively practicable and feasible unless the number of petitioners comprises less than a majority of the [occupiers of land] registered voters in the district or unless at least a majority of the votes cast in the referendum [shall have been] were cast in favor of the continuance of such district.
κ1975 Statutes of Nevada, Page 907 (CHAPTER 529, AB 655)κ
of land] registered voters in the district or unless at least a majority of the votes cast in the referendum [shall have been] were cast in favor of the continuance of such district.
3. If the commission [shall determine] determines that the continued operation of the district is not administratively practicable and feasible, the commission shall record such determination and shall certify such determination to the supervisors of the district.
4. In making such determination the commission shall give due regard and weight to:
(a) The attitudes of the occupiers of lands lying within the district.
(b) The number of [land occupiers eligible to vote in the referendum who shall have voted.] eligible registered voters who voted in the referendum.
(c) The proportion of petitioners to the total number of land occupiers in the district, and the proportion of the votes cast in [the referendum in] favor of the discontinuance of the district to the total number of votes cast.
(d) The approximate wealth and income of the land occupiers of the district.
(e) The probable expense of carrying on erosion-control operations within such district.
(f) Such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings as set forth in NRS 548.095 to 548.110, inclusive.
Sec. 17. NRS 548.517 is hereby repealed.
________
Assembly Bill No. 644Select Committee on Utilities
CHAPTER 530
AN ACT relating to assessments; increasing the permissible rate of the annual assessment levied by the public service commission of Nevada upon public utilities and general improvement districts; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.033 is hereby amended to read as follows:
704.033 1. The commission shall levy and collect an annual assessment from all public utilities and general improvement districts subject to the jurisdiction of the commission.
2. The annual assessment shall be not more than [3] 4 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities and improvement districts in the State of Nevada, except that the minimum assessment in any 1 year shall be $10. The gross operating revenue of such utilities shall be determined for the preceding calendar year. The gross operating revenue of a general improvement district shall be determined for the preceding fiscal year. In the case of:
κ1975 Statutes of Nevada, Page 908 (CHAPTER 530, AB 644)κ
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities and general improvement districts, such revenue shall not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 618Committee on Government Affairs
CHAPTER 531
AN ACT relating to county government; permitting boards of county commissioners to authorize certain improvements after hearings if two-thirds of the affected property owners consent in writing to assessment for the proposed improvements; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners may authorize an improvement, the cost of which will be defrayed pursuant to NRS 244.556 to 244.558, inclusive, if:
(a) The expenditure will not require an expenditure greater than $100,000;
(b) Owners of at least two-thirds of the tracts to be assessed consent to such improvement;
(c) The owners of tracts to be assessed which represent at least two-thirds of the total amount of the assessment consent to such improvement; and
(d) The board of county commissioners holds a hearing and levies the assessment in the manner provided in NRS 244.501 to 244.507, inclusive.
2. The consent required pursuant to subsection 1 shall be solicited by the board of county commissioners by sending to the owner of each tract to be assessed, by certified mail, documents containing:
(a) A description of the proposed improvement and its expected cost.
(b) The costs to be assessed against the owner to whom the document was addressed.
(c) A form to be signed by such property owner if he desires to consent to such improvement.
________
κ1975 Statutes of Nevada, Page 909κ
Assembly Bill No. 593Committee on Government Affairs
CHAPTER 532
AN ACT relating to health facilities; providing for the planning and construction of health facilities to be carried out by an appropriate division of the department of human resources; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 449.260 is hereby amended to read as follows:
449.260 As used in NRS 449.250 to 449.430, inclusive:
1. Community mental health center means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated.
2. Construction includes construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings (including medical transportation facilities), including architects fees, but excluding the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of the land.
3. Facility for the mentally retarded means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.
4. Federal Act means the Hospital Survey and Construction Act, as amended, being Title VI of the Public Health Service Act (42 U.S.C. §§ 291 et seq.) with respect to hospitals and medical facilities, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (42 U.S.C. §§ 2661 et seq.) with respect to facilities for the mentally retarded and community mental health centers and any other federal law providing for or applicable to the provision of assistance for health facilities now or hereafter enacted.
5. Federal agency means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.
6. Health division means the health division of the department of human resources.
7. Health facility includes hospitals, medical facilities, facilities for the mentally retarded, community mental health centers, and other facilities for the provision of diagnosis, treatment, care, rehabilitation, training or related services to individuals with physical or mental impairments, but except for facilities for the mentally retarded does not include any facility furnishing primarily domiciliary care.
8. Hospital includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities such as laboratories, out-patient departments, nurses home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
κ1975 Statutes of Nevada, Page 910 (CHAPTER 532, AB 593)κ
facilities such as laboratories, out-patient departments, nurses home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
9. Medical facility means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other medical facilities for which federal aid may be authorized under the Federal Act.
10. Nonprofit health facility means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual.
11. Public health center means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
12. State department means the department of human resources, acting through [the health division.] its appropriate divisions.
________
Assembly Bill No. 567 — Assemblymen Harmon, Demers and Banner
CHAPTER 533
AN ACT to amend NRS 172.225, relating to grand juries, by permitting county clerks to retain the original transcripts of indictments and accusations and deliver copies to district attorneys.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 172.225 is hereby amended to read as follows:
172.225 1. If an indictment has been found or accusation presented against a defendant, the stenographic reporter shall certify and file with the county clerk an original transcription of his notes and a copy thereof and as many additional copies as there are defendants.
2. The reporter shall complete such certification and filing within 10 days after the indictment has been found or the accusation presented unless the court for good cause makes an order extending the time.
3. The county clerk shall deliver [the original] a copy of the transcript so filed with him to the district attorney immediately upon his receipt thereof, shall retain one copy for use only by judges in proceedings relating to the indictment or accusation, and shall deliver a copy of such transcript to each such defendant who is in custody or has given bail or to his attorney.
4. Any defendant to whom such copy has not be delivered is entitled upon motion to a continuance of his arraignment until a date 10 days after he actually receives such copy.
κ1975 Statutes of Nevada, Page 911 (CHAPTER 533, AB 567)κ
5. If several criminal charges against a defendant are investigated on one investigation and thereafter separate indictments are returned or accusations presented upon the several charges, the delivery to such defendant or his attorney of one copy of the transcript of such investigation is a compliance with this section as to all of such indictments or accusations.
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Assembly Bill No. 566Assemblymen Harmon, Demers and Banner
CHAPTER 534
AN ACT relating to juries; conferring discretion on jury commissioners as to time for estimating the need for and selection of jurors; and authorizing payment of two-way travel expenses of jurors.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 6.045 is hereby amended to read as follows:
6.045 1. The district court in and for any county with a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may by rule of court designate the clerk of the court or one of his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
2. If a jury commissioner is so selected, he shall [in January of each year] from time to time estimate the number of trial jurors which will be required for attendance on the district court [until the next annual selection,] and shall select such number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. He shall keep a record of the name, occupation and address of each person so selected.
Sec. 2. NRS 6.150 is hereby amended to read as follows:
6.150 1. Each person summoned to attend as a grand juror or a trial juror in the district court or justices court, unless on or before the day he is summoned to attend he is excused by the court at his own request from serving, shall receive $9 per day for each day he may be in attendance in response to the venire or summons, which shall include Sundays and holidays.
2. Each grand juror and trial juror in the district court or justices court actually sworn and serving shall receive $15 per day each as full compensation for each day of service.
3. Each person summoned to attend as a grand juror or a trial juror in the district court or justices court and each grand juror and trial juror in the district court or justices court shall receive 15 cents a mile for each mile necessarily and actually traveled by the shortest and most practical route. [, one way only.] Where the mileage does not exceed 1 mile, no allowance shall be made therefor.
κ1975 Statutes of Nevada, Page 912 (CHAPTER 534, AB 566)κ
4. In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.
5. The fees paid jurors by the county clerks for services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance shall be a charge against the county.
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Assembly Bill No. 143Committee on Environment and Public Resources
CHAPTER 535
AN ACT relating to fish and game administration; changing the manner of compensating fish and game license agents; providing for the revoking of a license agents authority for any breach of regulations; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 488.115 is hereby amended to read as follows:
488.115 1. The department may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts such authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any rules and regulations of the [department,] commission, shall be valid as if awarded directly by the department. At the time that an agent forwards moneys collected to the department he may retain the amount set by the department for awarding certificates of number, which amount shall not exceed [5] 10 percent of the funds collected nor more than 25 cents per certificate of number in any instance.
2. All records of the department made or kept pursuant to this section are public records.
Sec. 2. NRS 502.040 is hereby amended to read as follows:
502.040 1. The commission shall provide rules and regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting funds to the department, and the manner of accounting for licenses, [and state pheasant stamps] tags, stamps and permits received, issued, sold or returned. A license agents authority may be revoked or suspended by the department for his failure to abide by the rules and regulations of the commission.
κ1975 Statutes of Nevada, Page 913 (CHAPTER 535, AB 143)κ
the commission. The agent may appeal to the commission for reinstatement.
2. A license agent designated by the department shall be responsible for the correct issuance of all licenses [and state pheasant stamps] , tags, stamps and permits entrusted to him, and, so far as he is able to determine, that no licenses shall be issued upon the false statement of an applicant. Prior to issuing any license the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and shall require of all applicants exhibition to him of proof of their identity and residence.
3. License agents shall be required to furnish bond to the department for the proper performance of their duties in such amounts as may be determined by the commission. Premiums for such bonds shall be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium shall be paid from the fish and game fund.
4. [At the time that license agents forward moneys collected to the department they may retain the amount set by the commission for the sale of such licenses and state pheasant stamps, which amount shall not exceed 5 percent of the funds collected nor more than 25 cents per license in any instance.
5.] A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the moneys collected by him, and for the prompt remission to the department for deposit in [the state treasury] accordance with NRS 501.356 of all moneys collected. The department shall furnish to the license agent receipts for [licenses, state pheasant stamps or moneys returned to the department, and shall require of the license agent that he deliver the departments receipt for any license or state pheasant stamp received.] all moneys remitted to the department by such license agent. A license agent shall furnish a receipt to the department of all licenses, tags, stamps or permits received from the department by the license agent.
5. A license agent is entitled to a service fee for each license, tag, stamp or permit sold by such agent. The service fee shall be set by the commission and shall not exceed:
(a) Twenty-five cents for each license, tag or permit; and
(b) Ten cents for each stamp or similar document issued which does not require completion by such agent.
6. All moneys collected by a license agent [shall be deemed to be] , except service fees collected pursuant to subsection 5, are public moneys of the State of Nevada and the state shall have a prior claim for the amount of [license and state pheasant stamp] moneys due it upon all assets of the agent over all creditors, assignees or other claimants. The use of these moneys for private or business transactions shall be deemed to be a misuse of public funds and punishable under the laws provided.
________
κ1975 Statutes of Nevada, Page 914κ
Assembly Bill No. 478Committee on Commerce
CHAPTER 536
AN ACT relating to the Unemployment Compensation Law; allowing the board of review to decline review of certain cases; permitting the board of review to destroy certain records; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.500 is hereby amended to read as follows:
612.500 1. A reasonable opportunity for a fair hearing on appeals shall be promptly afforded all parties.
2. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimants rights to benefits from the beginning of the period covered by the determination to the date of the hearing.
3. The appeal tribunal shall include in the record and consider as evidence all records of the executive director that are material to the issues.
4. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.
5. A record of all testimony and proceedings on appeal shall be kept [of all testimony and proceedings in an appeal,] for 6 months from the date on which a decision of an appeal tribunal is mailed but testimony need not be transcribed unless further review is initiated. If further review is not initiated within such period, the record may be destroyed.
6. Witnesses subpenaed shall be allowed fees in the amounts specified in NRS 50.225 and 50.235, and the fees of witnesses so subpenaed shall be deemed part of the expense of administering this chapter.
7. No member of an appeal tribunal shall participate in an appeal hearing in which he has a direct or indirect interest.
8. If the records of an appeal have been destroyed pursuant to subsection 5, a person aggrieved by the decision in such appeal may petition a district court for a trial de novo. If the district court finds that good cause exists for the partys failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioners request.
Sec. 2. NRS 612.515 is hereby amended to read as follows:
612.515 1. An appeal to the board of review by any party shall be allowed as a matter of right [.] if the appeal tribunals decision reversed or modified the executive directors determination. In all other cases, further review shall be at the discretion of the board of review.
2. The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within 10 days after the date of mailing of the decision.
3. The board may affirm, modify or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted, or upon the basis of such additional evidence as it may direct to be taken.
κ1975 Statutes of Nevada, Page 915 (CHAPTER 536, AB 478)κ
4. Each party, including the executive director, shall be promptly furnished a copy of the decision and the supporting findings of the board of review.
________
Assembly Bill No. 358Assemblyman Jacobsen
CHAPTER 537
AN ACT relating to the property tax; increasing the penalties for property tax delinquencies; providing a grace period before penalties attach; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.483 is hereby amended to read as follows:
361.483 1. Taxes assessed upon the real property tax roll are due and payable on the 1st Monday of July.
2. Taxes may be paid in four equal installments. If a person elects to pay in quarterly installments, the first installment is due and payable on the 1st Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.
3. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one quarter of such taxes on or [before] within 10 days following the day such taxes become due and payable, there shall be added thereto a penalty of [2] 4 percent.
(b) Any two quarters of such taxes, together with accumulated penalties, on or [before] within 10 days following the day the later of such quarters of taxes becomes due, there shall be added thereto a penalty of [3] 5 percent of the two quarters due.
(c) Any three quarters of such taxes, together with accumulated penalties, on or [before] within 10 days following the day the latest of such quarters of taxes becomes due, there shall be added thereto a penalty of [4] 6 percent of the three quarters due.
(d) The full amount of such taxes, together with accumulated penalties, one or [before] within 10 days following the 1st Monday of March, there shall be added thereto a penalty of [5] 7 percent of the full amount of such taxes.
________
κ1975 Statutes of Nevada, Page 916κ
Assembly Bill No. 296Assemblyman Schofield
CHAPTER 538
AN ACT relating to crimes against property; revising the provisions relating to arson; and providing other matters properly relating thereto.
[Approved May 17, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 205.010 is hereby amended to read as follows:
205.010 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any dwelling house [, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto,] or other structure, whether occupied or vacant, or any mobile home or other personal property which is occupied by one or more persons, whether the property of himself or of another, [commits] is guilty of arson in the first degree and, upon conviction thereof, shall be sentenced to imprisonment for not less than 1 year nor more than 15 years.
Sec. 2. NRS 205.015 is hereby amended to read as follows:
205.015 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any abandoned building or structure, [of whatsoever class or character,] whether the property of himself or of another, [not included or described in NRS 205.010, shall be] is guilty of arson in the second degree and, upon conviction thereof, shall be sentenced to imprisonment for not less than 1 nor more than 10 years.
Sec. 3. NRS 205.020 is hereby amended to read as follows:
205.020 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any unoccupied personal property [of whatsoever class or character (such property being] of the value of $25 or more and the property of another person [), commits] is guilty of arson in the third degree and, upon conviction thereof, shall be sentenced to imprisonment for not less than 1 year nor more than 6 years.
________
κ1975 Statutes of Nevada, Page 917κ
Assembly Bill No. 572Committee on Government Affairs
CHAPTER 539
AN ACT relating to employee-management relations; requiring employee organizations to file financial reports; creating an employee-management relations advisory committee; providing for mandatory bargaining on certain subjects; prohibiting certain practices by a local government employer and local government employee; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 288 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Bargaining agent means an employee organization recognized by the local government employer as the exclusive representative of all local government employees in the bargaining unit for purposes of collective bargaining.
Sec. 3. Bargaining unit means a group of local government employees recognized by the local government employer as having sufficient community of interest appropriate for representation by an employee organization for the purpose of collective bargaining.
Sec. 4. Collective bargaining means a method of determining conditions of employment by negotiation between representatives of the local government employer and employee organizations, entailing a mutual obligation of the local government employer and the representative of the local government employees to meet at reasonable times and bargain in good faith with respect to:
1. Wages, hours and other terms and conditions of employment;
2. The negotiation of an agreement;
3. The resolution of any question arising under a negotiated agreement; or
4. The execution of a written contract incorporating any agreement reached if requested by either party,
but this obligation does not compel either party to agree to a proposal or require the making of a concession.
Sec. 5. Factfinding means the former procedure by which an investigation of a labor dispute is conducted by one person, a panel or a board at which:
1. Evidence is presented; and
2. A written report is issued by the factfinder describing the issues involved and setting forth recommendations for settlement which may or may not be binding as provided in NRS 288.200.
Sec. 6. Mediator means assistance by an impartial third party to reconcile differences between a local government employer and a bargaining unit through interpretation, suggestion and advice.
Sec. 7. Recognition means the formal acknowledgment by the local government employer that a particular employee organization has the right to represent the local government employees within a particular bargaining unit.
κ1975 Statutes of Nevada, Page 918 (CHAPTER 539, AB 572)κ
Sec. 8. 1. The employee-management relations advisory committee is hereby created, to consist of 10 members, five of whom shall be representatives or designees of employee organizations and five of whom shall be representatives or designees of local government employers.
2. The governor shall appoint the members of the advisory committee on the basis of recommendations of employee organizations and local government employers who are affected by the provisions of this chapter. No employee organization and no local government employer may have more than one representative or designee appointed as a member of the advisory committee.
3. Whenever a vacancy occurs on the advisory committee, other than through the expiration of a term of office, the vacancy shall be filled for the remainder of the term through appointment by the remaining:
(a) Representatives or designees of local government employers, if the vacating member represents a local government employer.
(b) Representatives or designees of employee organizations, if the vacating member represents an employee organization.
Sec. 9. 1. The advisory committee shall solicit applications and interview applicants for the positions available on the board. The advisory committee shall then submit to the governor a list of those applicants receiving a vote of at least eight of its members, from which list the appointment shall be made.
2. The advisory committee shall meet at least semiannually to review the procedures provided for in this chapter, advise the board in any manner requested, and file a report with the legislature at the next session of the legislature regarding procedures under the provisions of this chapter and making recommendations for desirable legislation affecting this chapter.
Sec. 10. NRS 288.020 is hereby amended to read as follows:
288.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 288.025 to 288.075, inclusive, and sections 2 to 7, inclusive, of this act, have the meanings ascribed to them in such sections.
Sec. 11. NRS 288.040 is hereby amended to read as follows:
288.040 Employee organization means [any:
1. Association, brotherhood, council or federation composed of employees of the State of Nevada or local government employees or both; or
2. Craft, industrial or trade union whose membership includes employees of the State of Nevada or local government employees or both.] an organization of any kind having as one of its purposes improvement of the terms and conditions of employment of local government employees.
Sec. 12. NRS 288.075 is hereby amended to read as follows:
288.075 1. Supervisory employee means any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees [.] or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
κ1975 Statutes of Nevada, Page 919 (CHAPTER 539, AB 572)κ
nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employees work day.
2. Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classified as a supervisory employee.
Sec. 13. NRS 288.080 is hereby amended to read as follows:
288.080 1. The local government employee-management relations board is hereby created, to consist of three members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than two of whom shall be members of the same political party. Except as provided in subsection 2, the term of office of each member shall be 4 years.
2. The governor shall appoint the members of the board [.] from a list submitted by the advisory committee pursuant to the provisions of section 9 of this act. Of the first three members appointed, the governor shall designate one whose term shall expire at the end of 2 years. Whenever a vacancy occurs on the board other than through the expiration of a term of office, the governor shall fill such vacancy by appointment for the unexpired term.
Sec. 14. NRS 288.110 is hereby amended to read as follows:
288.110 1. The board may make rules governing proceedings before it and procedures for factfinding and may issue advisory guidelines for the use of local government employers in the recognition of employee organizations and determination of [negotiating] bargaining units.
2. The board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by any local government employer or employee organization. The board, after a hearing, if it finds that the complaint is well taken, may order any person to refrain from the action complained of or to restore to the party aggrieved any benefit of which he has been deprived by such action.
3. Any party aggrieved by the failure of any person to obey an order of the board issued pursuant to subsection 2 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce such order.
Sec. 15. NRS 288.150 is hereby amended to read as follows:
288.150 1. [It is the duty of every local government employer, except as limited in subsection 2, to negotiate in good faith through a representative or representatives of its own choosing concerning wages, hours, and conditions of employment with the recognized employee organization, if any, for each appropriate unit among its employees. If either party requests it, agreements so reached shall be reduced to writing. Where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, such officer is the proper person to negotiate, directly or through a representative or representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative or representatives any matter beyond the scope of his authority.
κ1975 Statutes of Nevada, Page 920 (CHAPTER 539, AB 572)κ
representative or representatives any matter beyond the scope of his authority.
2. Each local government employer is entitled, without negotiation or reference to any agreement resulting from negotiation:
(a) To direct its employees;
(b) To hire, promote, classify, transfer, assign, retain, suspend, demote, discharge or take disciplinary action against any employee;
(c) To relieve any employee from duty because of lack of work or for any other legitimate reason;
(d) To maintain the efficiency of its governmental operations;
(e) To determine the methods, means and personnel by which its operations are to be conducted; and
(f) To take whatever actions may be necessary to carry out its responsibilities in situations of emergency.
Any action taken under the provisions of this subsection shall not be construed as a failure to negotiate in good faith.] Except as provided in subsection 4, it is the duty of every local government employer to negotiate in good faith through a representative or representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate negotiating unit among its employees. If either party so requests, agreements reached shall be reduced to writing. Where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, such officer is the proper person to negotiate, directly or through a representative or representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative or representatives any matter beyond the scope of his authority.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each work day or work week.
(h) Total number of days work required of an employee in a work year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the negotiating unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in negotiating unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
κ1975 Statutes of Nevada, Page 921 (CHAPTER 539, AB 572)κ
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety.
(s) Teacher preparation time.
(t) Procedures for reduction in work force.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of funds, subject to paragraph (t) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Such actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection shall not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate such matters.
7. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. shall remain negotiable.
Sec. 16. NRS 288.160 is hereby amended to read as follows:
288.160 1. An employee organization may apply to a local government employer for recognition by presenting:
(a) A copy of its constitution and bylaws, if any;
(b) A roster of its officers, if any, and representatives; and
κ1975 Statutes of Nevada, Page 922 (CHAPTER 539, AB 572)κ
(c) A pledge in writing not to strike against the local government employer under any circumstances.
A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).
2. If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a [negotiating] bargaining unit, and if such employee organization is recognized by the local government employer, it shall be the exclusive [negotiating representative] bargaining agent of the local government employees in that [negotiating] bargaining unit.
3. A local government employer may withdraw recognition from an employee organization which:
(a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;
(b) Disavows its pledge not to strike against the local government employer under any circumstances; or
(c) Ceases to be supported by a majority of the local government employees in the [negotiating] bargaining unit for which it is recognized.
(d) Fails to negotiate in good faith with the local government employer.
4. If an employee organization is aggrieved by the refusal or withdrawal of recognition, or by the recognition or refusal to withdraw recognition of another employee organization, the aggrieved employee organization may appeal to the board. If the board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular [negotiating] bargaining unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the board is binding upon the local government employer and all employee organizations involved.
Sec. 17. NRS 288.170 is hereby amended to read as follows:
288.170 1. Each local government employer which has recognized one or more employee organizations shall determine, after consultation with such recognized organization or organizations, which group or groups of its employees constitute an appropriate unit or units for negotiating purposes. The primary criterion for such determination shall be community of interest among the employees concerned. A principal, assistant principal or other school administrator below the rank of superintendent, associate superintendent or assistant superintendent shall not be a member of the same [negotiating] bargaining unit with public school teachers unless the school district employs fewer than five principals but may join with other officials of the same specified ranks to negotiate as a separate [negotiating] bargaining unit. A local government department head, administrative employee or supervisory employee shall not be a member of the same [negotiating] bargaining unit as the employees under his direction. Any dispute between the parties as to whether an employee is a supervisor shall be submitted to the board. In all cases, confidential employees of the local government employer shall be excluded from any [negotiating] bargaining unit.
κ1975 Statutes of Nevada, Page 923 (CHAPTER 539, AB 572)κ
2. If any employee organization is aggrieved by determination of a [negotiating] bargaining unit, it may appeal to the board. Subject to judicial review, the decision of the board is binding upon the local government employer and employee organizations involved. The board shall apply the same criterion as specified in subsection 1.
Sec. 18. NRS 288.180 is hereby amended to read as follows:
288.180 1. Whenever an employee organization desires to negotiate concerning any matter which is subject to negotiation pursuant to this chapter, it shall give written notice of such desire to the local government employer. If the subject of negotiation requires the budgeting of money by the local government employer, the employee organization shall give such notice on or before [December 1.] January 15.
2. This section does not preclude, but this chapter does not require, informal discussion between an employee organization and a local government employer of any matter which is not subject to negotiation or contract under this chapter. Any such informal discussion is exempt from all requirements of notice or time schedule.
Sec. 19. NRS 288.200 is hereby amended to read as follows:
288.200 1. If by [March 1,] April 1, the parties have not reached agreement, either party, at any time up to [April 1,] May 1, may submit the dispute to an impartial factfinder for his findings and recommendations. These findings and recommendations are not binding on the parties except as provided in subsections 6 and 7.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association a list of seven potential factfinders. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. However, each party shall pay its own costs of factfinding incurred in the preparation and presentation of its case in factfinding.
4. The factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing. Such report shall be made no later than [May 5] June 5, except as modified by the provisions of subsection 5.
5. In a regular legislative year, the factfinding hearing shall be stayed:
(a) In cases involving school districts, up to 15 days after the adjournment of the legislature sine die if the governor has exercised his authority pursuant to subsection 7.
(b) Up to 10 days after the adjournment of the legislature sine die in all other cases.
6. The parties to the dispute may agree, prior to the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
7. If the parties do not mutually agree to make the findings and recommendations of the factfinder final and binding, the governor shall have the emergency power and authority, at the request of either party and prior to the submission of the dispute to factfinding, to order prior to [April 1] May 1, that the findings and recommendations on all or any specified issues of a factfinder in a particular dispute will be final and binding.
κ1975 Statutes of Nevada, Page 924 (CHAPTER 539, AB 572)κ
specified issues of a factfinder in a particular dispute will be final and binding. In a regular legislative year, in cases involving school districts, the governor may exercise his authority under this subsection within 10 days after the adjournment of the legislature sine die. The exercise of this authority by the governor shall be made on a case by case consideration and shall be made on the basis of his evaluation regarding the overall best interests of the state and all its citizens, the potential fiscal impact both within and outside the political subdivision, as well as any danger to the safety of the people of the state or a political subdivision.
8. Any factfinder, whether acting in a recommendatory or binding capacity, shall base his recommendations or award on the following criteria:
(a) A preliminary determination shall be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute.
The factfinders report shall contain the facts upon which he based his recommendations or award.
Sec. 20. NRS 288.270 is hereby amended to read as follows:
288.270 1. It is a prohibited practice for a local government employer or its designated representative willfully to:
(a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.
(b) Dominate, interfere or assist in the formation or administration of any employee organization.
(c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.
(d) Discharge or otherwise discriminate against any employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because he has formed, joined or chosen to be represented by any employee organization.
(e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively shall be construed to include the entire bargaining process, including mediation and factfinding, provided for in this chapter.
(f) Discriminate because of race, color, religion, sex, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.
2. It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to:
(a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.
κ1975 Statutes of Nevada, Page 925 (CHAPTER 539, AB 572)κ
(b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively shall be construed to include the entire bargaining process, including mediation and factfinding, provided for in this chapter.
(c) Discriminate because of race, color, religion, sex, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.
Sec. 21. This act shall become effective upon passage and approval.
________
Assembly Bill No. 610Assemblymen Ashworth and Dini
CHAPTER 540
AN ACT relating to public officers and employees; creating a state ethics commission; establishing a statewide code of ethical standards, and authorizing establishment of specialized and local ethics codes, for such officers and employees; prohibiting specific conflicts of interest; setting disclosure requirements; providing civil and criminal penalties; making an appropriation; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 36, inclusive, of this act.
Sec. 2. Sections 2 to 36, inclusive, of this act may be cited as the Nevada Ethics in Government Law.
Sec. 3. 1. It is hereby declared to be the public policy of this state that a public office is a public trust and shall be held for the sole benefit of the people. A public officer or employee must commit himself to avoid conflicts between his private interests and those of the general public whom he serves.
2. The increasing complexity of government at all levels, involving interrelationships with the public sectors of life, enlarges the potentiality for conflict of interests. To enhance the peoples faith in the integrity and impartiality of public officers and employees, adequate guidelines are required to show the appropriate separation between the roles of persons who are both public servants and private citizens.
Sec. 4. As used in sections 2 to 36, inclusive, of this act, unless the context otherwise requires, the words and terms defined in section 5 to 14, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Business entity means any form of business organization or undertaking operated for economic gain.
Sec. 6. Candidate means any person who has filed a declaration of candidacy or an acceptance of candidacy or has been designated to fill a vacancy in a party or nonpartisan nomination.
κ1975 Statutes of Nevada, Page 926 (CHAPTER 540, AB 610)κ
Sec. 7. Commission means the state ethics commission.
Sec. 8. Gift means any thing of economic value given without valuable consideration except campaign contributions or gifts from relatives.
Sec. 9. Income means any salary, wage, advance, payment, dividend, interest, rent, return of capital, forgiveness of indebtedness, rebate of money or anything of economic value derived from any source.
Sec. 10. 1. Investment means any economic interest, except a time or demand deposit in a financial institution, shares in a credit union or the cash surrender value of life insurance or of any debt instrument having a set yield unless it is convertible to an equity instrument.
2. Indirect investment or interest means any investment or interest owned by the spouse or dependent children of the public officer, by an agent on his behalf, or by any business entity controlled by the public officer or a trust in which he has a substantial economic interest. A business entity is controlled by a public officer if he, his agent or spouse and dependent children, possess more than 50 percent of the ownership interest in the entity. A public officer has a substantial economic interest in a trust when he, his spouse or dependent children have a present or future interest worth more than $1,000.
Sec. 11. Public agency means any office, department, division, commission, board, bureau, council or other agency of:
1. The legislative and executive departments of state government.
2. Any political subdivision of the state.
3. Any irrigation, water, local improvement or hospital district created under state law.
Sec. 12. Public employee means any person performing public duties under the direction and control of a public officer for compensation paid by the state, a county or an incorporated city.
Sec. 13. Public office or office means a position, except any position in the judicial department of state government, which:
1. Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and
2. Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty, except that which is solely ministerial in nature.
Sec. 14. Public officer means a public officer as defined by NRS 281.005, but does not include any member of the judicial department of state government.
Sec. 15. There is hereby created a state ethics commission consisting of five members, who shall be appointed from the public at large as follows:
1. One member by the governor, for a term of 4 years.
2. One member by the speaker of the assembly, for a term of 3 years.
3. One member by the majority leader of the senate, for a term of 3 years.
4. One member by the Nevada Association of County Commissioners, for a term of 2 years.
5. One member by the Nevada League of Cities, for a term of 1 year.
Sec. 16. 1. Upon the expiration of the terms of the original members of the commission, appointments by the respective appointing authorities shall thereafter be for terms of 4 years.
κ1975 Statutes of Nevada, Page 927 (CHAPTER 540, AB 610)κ
2. Any vacancy in the membership of the commission shall be filled by the appropriate appointing authority for the remaining portion of the unexpired term.
3. To qualify for appointment, members of the commission shall be residents of the State of Nevada.
4. No member of the commission may be a full-time or part-time public officer or employee or be a contractor with the state or any county or city.
5. Not more than three members of the commission may be members of the same political party.
6. Not more than three members of the commission may be residents of the same county.
Sec. 17. 1. The commission shall:
(a) At its first meeting and annually thereafter elect a chairman from among its members.
(b) Meet at least once in each calendar quarter and at other times upon the call of the chairman.
2. Members of the commission shall receive a salary of $40 per day while engaged in the business of the commission, in addition to the traveling and subsistence allowances provided by law.
3. The commission may employ such personnel, in the unclassified service of the state, and obtain such facilities as are required to carry out the functions of the commission. The salaries of persons so employed shall be within the limits of appropriations made by law.
Sec. 18. The commission shall:
1. Issue opinions on questions of ethical conduct in government, as provided in sections 20 and 21 of this act.
2. Adopt procedural regulations to facilitate the receipt of inquiries and prompt rendition of such opinions.
3. Inform the attorney general or district attorney of all cases of noncompliance with the disclosure requirements set forth in sections 26 to 28, inclusive, of this act.
4. Recommend to the legislature such further legislation as the commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
Sec. 19. A code of ethical standards is hereby established as a guide for the conduct of public officers and employees:
1. No public officer or employee may seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity that would tend improperly to influence a reasonable person in his position to depart from the faithful and impartial discharge of his public duties.
2. No public officer or employee may use his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for himself, any member of his household, any business entity with which he or a member of his household is associated, or any other person.
3. No public officer or employee may accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of his duties as a public officer or employee.
4. If a public officer or employee acquires, through his public duties or relationships, any information which by law or practice is not at the time available to people generally, he may not use the information to further the economic interests of himself or any other person or business entity.
κ1975 Statutes of Nevada, Page 928 (CHAPTER 540, AB 610)κ
time available to people generally, he may not use the information to further the economic interests of himself or any other person or business entity.
5. No public officer or employee may suppress any governmental report or other document because it might tend to affect unfavorably his private financial interests.
Sec. 20. The commission shall:
1. Render advisory opinions interpreting the code of ethical standards established by section 19 of this act, and shall apply the code to given sets of facts and circumstances upon requests from any ethics committee established pursuant to section 22 of this act or by any public officer or employee seeking guidance on questions directly related to the propriety of his own conduct as an officeholder or employee. Each such opinion is confidential unless released by the requester.
2. Publish hypothetical opinions, abstracted from the advisory opinions rendered under subsection 1, for the future guidance of all persons concerned with ethical standards in government.
Sec. 21. The commissions advisory opinions may include guidance to any public officer or employee on questions as to whether or not:
1. A conflict exists between his personal interest and his official duty and if so, whether he has a more substantial personal interest in the particular matter then other persons who belong to the same economic group or general class.
2. His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
3. The conflict creates a real threat to the independence of his judgment.
4. He possesses knowledge or know-how that is an indispensable asset of the governmental body or agency he serves and is needed by it in order to reach a sound decision.
5. His participation under the circumstances would adversely affect the confidence of the people in the impartiality of their public officers and employees.
6. It would operate in the best interest of the people for him to withdraw or abstain from participation or pursue a designated course of action in the matter.
Sec. 22. Any department, board, commission or other agency of the state, the senate and assembly (by rules of the respective houses or joint rule) or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the state ethics commission. Such a committee may:
1. Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. Such standards may not be less restrictive than the statewide standards set forth in section 19 of this act.
2. Render an advisory opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of ethical standards on questions directly related to the propriety of his own official conduct or refer such request to the commission.
κ1975 Statutes of Nevada, Page 929 (CHAPTER 540, AB 610)κ
official conduct or refer such request to the commission. Any public officer or employee under such a committee shall direct his inquiry to that committee instead of the commission.
Sec. 23. The provisions of sections 2 to 36, inclusive, of this act do not apply to members of the judicial department of state government.
Sec. 24. 1. A public officer shall not participate in, or in any way attempt to influence, governmental action or decisions relating to any matter within the responsibilities of his public agency in which he knows or has reason to believe he has an economic interest.
2. A public officer has an economic interest in a matter if the action or decision will have a material economic effect on:
(a) Any business entity in which the public officer has a direct or indirect investment worth more than $1,000;
(b) Any real property in Nevada, except his home or other property owned by him primarily for personal or recreational purposes, in which the public officer has a direct or indirect interest or option to purchase worth more than $1,000;
(c) Any general source of income, delinquent unsecured loans, or gifts aggregating $250 or more in value received by or promised to the public officer within 12 months prior to the time when the action is taken or decision made; or
(d) Any business entity in which the public officer is a director, officer, partner, trustee, employee or holds any position of management for which monetary compensation is received.
3. Subsection 1 does not apply to any public officer:
(a) With respect to any matter which could not legally be acted upon or decided by his public agency without his participation if the officer:
(1) Specifically discloses as a matter of official public record the existence of any economic interest described in subsection 2;
(2) Describes with particularity the nature of the interest before he acts or decides or participates in any action or decision; and
(3) In no way attempts to influence any other public officer with respect to the matter.
(b) Whose action or decision affects his economic interests as a member of a significant segment of the public or as a member of an industry, profession or occupation to no greater extent than any other such member.
Sec. 25. Notwithstanding the provisions of sections 2 to 36, inclusive, of this act:
1. Any public officer may sell or enter into a contract to sell to any public agency any item or commodity if such officer is the only source of supply of such item or commodity within the state.
2. Any member of any board or commission created under the provisions of Title 54 of NRS who is engaged in the profession, occupation or business regulated by such board or commission may supply or contract to supply, in the ordinary course of his business, goods, materials or services to any public agency except the board or commission of which he is a member.
Sec. 26. 1. Each public officer shall file a statement during April of each year containing the following information:
κ1975 Statutes of Nevada, Page 930 (CHAPTER 540, AB 610)κ
(a) The name, principal address and general description of the nature of the business activity of any business entity in which he has, or at any time during the year had, a direct or indirect investment worth more than $1,000;
(b) A description of any real property in Nevada, except his home or other property owned by him primarily for personal or recreational purposes, in which he has, or at any time during the year had, a direct or indirect interest or option to purchase worth more than $1,000;
(c) Each general source of income, loans or gifts, aggregating $250 or more in value received in the preceding 12 months, including the name, address and general description of the business activity of each source, a statement of the consideration, if any, for which the income was received; and
(d) Any employment, position of management or office for which he is receiving compensation, held at the time of filing or at any time during the year by the public officer, and the name, principal address and a general description of the nature of the business activity of the business entity.
2. The statement required by this section need not disclose any investments, interests or income which could not be affected materially by any action, failure to act or decision taken by the public officer acting within the scope of his official duties.
3. For the purposes of this section, an interest in real property, except the property excluded in paragraph (b) of subsection 1, located within the jurisdiction of the officers public agency or an investment in a business entity, a source of income or a position of employment, office or management in any business entity located within the jurisdiction or doing business within the jurisdiction is an interest which could be affected materially by the officer in the scope of his official duties.
4. The statement shall be verified in accordance with the provisions of NRS 15.010.
Sec. 27. The statement required by section 26 of this act shall also be filed by:
1. Each nonincumbent candidate when he files his declaration of candidacy or acceptance of candidacy or has been designated to fill a vacancy in a party or nonpartisan nomination.
2. Each person appointed to serve as a public officer within 30 days after he takes office.
Sec. 28. The statement required by section 26 of this act shall be filed by:
1. Public officers with the:
(a) Secretary of state in the case of offices in the legislative and executive departments of state government.
(b) County clerk in the case of all other offices.
2. Nonincumbent candidates with the:
(a) Secretary of state in the case of all public offices filled by the voters from the state at large or from districts comprising more than one county.
(b) County clerk in the case of all public offices filled by the voters from any political subdivision of the state or from districts located wholly within one county.
κ1975 Statutes of Nevada, Page 931 (CHAPTER 540, AB 610)κ
Sec. 29. Each public agency shall, on or before June 30, 1976, adopt guidelines by which its officers may determine whether they have a conflict of interest prohibited by section 24 of this act. These guidelines do not supersede the requirements of section 24 of this act, but officers complying with the guidelines in the good-faith belief that they are consistent with such requirements are exempt from the penalties provided in sections 33 and 34 of this act.
Sec. 30. 1. Each public agency may adopt regulations relating to conflicts of interest of its officers which require disclosure or disqualification in addition to, but not inconsistent with, the requirements of sections 2 to 36, inclusive, of this act.
2. Any officer of the agency or any citizen may bring suit to challenge the coverage or adequacy of the regulations adopted under this section. If the trial judge finds that certain classes of interests included in the regulations could not be affected materially by any action, failure to act or decision likely to be made or that certain classes of interests excluded from the regulations could be so affected, he may order the amendment of the regulations accordingly. The court may award reasonable attorney fees and court costs to the prevailing party in an action brought under this subsection.
Sec. 31. Every statement required to be filed pursuant to the provisions of section 26 of this act is a public record and shall be made available at reasonable times for inspection by any member of the public.
Sec. 32. 1. The secretary of state shall make copies of sections 2 to 36, inclusive, of this act available to the public free of charge at his office and may disseminate information about the requirements and penalties provided in such sections as he deems necessary in the public interest.
2. Each head of a public agency shall inform persons under their authority of the requirements and penalties provided in such sections.
Sec. 33. 1. The district attorney in any county where a violation of sections 2 to 36, inclusive, of this act is alleged to have occurred, the attorney general if the district attorney fails to take action, or any citizen or group of citizens of this state may bring an action in district court to enjoin any violation of or compel compliance with such sections. In a suit brought by a citizen or group of citizens, a condition precedent to filing the suit shall be the filing of a bond in the amount of $5,000 to cover costs and attorney fees if awarded by the court against the plaintiff or plaintiffs.
2. The court may temporarily restrain the execution of any decision, contract, order, permit, resolution or other official act in relation to which a violation of section 24 of this act is alleged to have occurred, if any injury suffered by innocent persons relying on the official act does not outweigh the public interest in its temporary stay, upon a preliminary showing that there are reasonable grounds to believe that such violation has occurred.
3. The court may award reasonable attorney fees and court costs to the prevailing party at any stage of an action brought under this section.
Sec. 34. Any person who violates any of the provisions of sections 2 to 36, inclusive, of this act is guilty of a misdemeanor.
Sec. 35. 1. No public official serving in a legislative capacity may introduce, vote upon or otherwise exert influence on legislation for or on behalf of any person or firm having a contractual relation with such public official or any business in which the official has a financial interest.
κ1975 Statutes of Nevada, Page 932 (CHAPTER 540, AB 610)κ
behalf of any person or firm having a contractual relation with such public official or any business in which the official has a financial interest.
2. No public official serving in the executive branch of state government may appear before any agency, board or commission on behalf of any person or firm having a contractual relationship with such public official or any business in which the official has a financial interest.
Sec. 36. Nothing in sections 2 to 35, inclusive, of this act exempts any person from applicable provisions of any other law of this state relating to conflicts of interest of public officers and employees.
Sec. 37. NRS 245.110 is hereby amended to read as follows:
245.110 The provisions of [NRS 245.090 and 245.100 shall not be construed so as to] sections 2 to 36, inclusive, of this act do not prohibit any county officer from purchasing the warrants of the state or of any other county, or to prevent any county officer from selling or transferring such warrants or scrip as he may receive for his services, but not other.
Sec. 38. NRS 268.380 is hereby amended to read as follows:
268.380 The provisions of [NRS 268.360 and 268.370 shall not be construed so as to] sections 2 to 36, inclusive, of this act do not prohibit any city officer from purchasing the warrants of the state or of any other city or county, or [to] prevent any city officer from selling or transferring such warrants or scrip as he may receive for his services, but none other.
Sec. 39. NRS 269.070 is hereby amended to read as follows:
269.070 The provisions of [NRS 269.060 and 269.065 shall not be construed so as to] sections 2 to 36, inclusive, of this act do not prohibit any town officer from purchasing the warrants of the state or of any other city, town or county, or [to] prevent any town officer from selling or transferring such warrants or scrip as he may receive for his services, but none other.
Sec. 40. NRS 281.230 is hereby amended to read as follows:
281.230 1. The following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind or nature inconsistent with local service to the people resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) [State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees] Employees of state, county, municipal, district and township officers; and
[(c) Officers and employees] (b) Employees of quasi-municipal corporations.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, [shall be] is void.
3. Every person violating any of the provisions of this section shall be punished as provided in NRS 197.230 and:
(a) Where such commission, personal profit or compensation is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1975 Statutes of Nevada, Page 933 (CHAPTER 540, AB 610)κ
(b) Where such commission, personal profit or compensation is less than $100, for a misdemeanor.
Sec. 41. NRS 315.400 is hereby amended to read as follows:
315.400 1. [No commissioner or] An employee of the authority shall not voluntarily acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, [such commissioner or] the employee shall immediately disclose such interest in writing to the authority and [such] the disclosure shall be entered upon the minutes of the authority. Upon [such] disclosure [such commissioner or] the employee shall not participate in any action by the authority involving such housing project, property or contract, respectively. If any [commissioner or] employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose such interest in writing to the authority and [such] the disclosure shall be entered upon the minutes of the authority. Upon [such] disclosure [such commissioner or] the employee shall not participate in any action by the authority involving such housing project, property, or contract, respectively.
2. Any violation of the provisions of this section [shall constitute] constitutes misconduct in office.
3. This section [shall not be] is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
Sec. 42. NRS 315.981 is hereby amended to read as follows:
315.981 1. [No commissioner or] An employee of the authority shall not voluntarily acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, [shall commissioner or] the employee shall immediately disclose such interest in writing to the authority and [such] the disclosure shall be entered upon the minutes of the authority. Upon [such] disclosure [such commissioner or] the employee shall not participate in any action by the authority involving such housing project, property or contract, respectively. If any [commissioner or] employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose such interest in writing to the authority and [such] the disclosure shall be entered upon the minutes of the authority. Upon [such] disclosure [such commissioner or] the employee shall not participate in any action by the authority involving such housing project, property, or contract, respectively.
2. Any violation of the provisions of this section [shall constitute] constitutes malfeasance in office.
κ1975 Statutes of Nevada, Page 934 (CHAPTER 540, AB 610)κ
3. This section [shall not be] is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
Sec. 43. NRS 408.890 is hereby amended to read as follows:
408.890 [1. No director of the board, no engineer and no employee or officer of the department shall be interested, directly or indirectly, in any contract of any kind or character for the construction, reconstruction, improvement, supervision or maintenance of any highway, and such contract shall be void.
2. Any director of the board, any engineer, or any officer or] Any employee who [shall become] becomes interested, directly or indirectly, in any contract for the construction, reconstruction, improvement, supervision, or maintenance of any highway [shall be] is guilty of a gross misdemeanor [, and shall be further punished as provided in NRS 197.230.] and such contract is void.
Sec. 44. NRS 463.060 is hereby amended to read as follows:
463.060 1. Each member shall devote his entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit.
2. No member shall be:
(a) A member of any political convention.
(b) A member of any committee of any political party, or engage in any party activities.
3. No member shall be pecuniarily interested in any business or organization holding a gaming license under this chapter or doing business with any person or organization licensed under this chapter.
4. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office and, in addition, swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization [.] or otherwise in violation of sections 2 to 36, inclusive, of this act. The oath of office shall be filed in the office of the secretary of state.
Sec. 45. NRS 658.165 is hereby amended to read as follows:
658.165 1. Except as otherwise provided in subsection 2, [no officer or] an employee of the banking division shall not be an officer, director, trustee, attorney or shareholder in any bank in the State of Nevada or receive, directly or indirectly, any payment from any such bank or be indebted to any state bank, or engaged in the negotiation of loans for others with any such bank.
2. Any officer or employee of the banking division may be a depositor on the same terms as are available to the public generally, or may be indebted to a bank upon:
(a) A mortgage loan upon his own home.
(b) A secured installment debt transferred to a bank in regular course of business by a seller of merchandise purchased by the officer or employee.
Sec. 46. NRS 703.050 is hereby amended to read as follows:
703.050 1. Before entering upon the duties of his office, each commissioner shall subscribe to the constitutional oath of office, and shall in addition swear that he is not pecuniarily interested in any public utility in this state as defined in chapter 704 of NRS [.]
κ1975 Statutes of Nevada, Page 935 (CHAPTER 540, AB 610)κ
addition swear that he is not pecuniarily interested in any public utility in this state as defined in chapter 704 of NRS [.] or otherwise in violation of sections 2 to 36, inclusive, of this act.
2. The oath of office shall be filed in the office of the secretary of state.
Sec. 47. NRS 218.580, 245.080, 245.090, 245.100, 266.440, 266.445, 268.330, 268.340, 268.350, 268.360, 268.370, 269.045, 269.050, 269.055, 269.060, 269.065, 281.220, 281.235, 309.150, 344.030, 386.400, 396.130, 403.150, 450.190 and 539.100 are hereby repealed.
Sec. 48. 1. All initial appointments to the commission shall be made by August 1, 1975, and all initial terms shall date from July 1, 1975.
2. The first meeting of the commission shall be called by the governor no later than September 30, 1975.
Sec. 49. There is hereby appropriated from the general fund in the state treasury to the state ethics commission for the purpose of implementing sections 2 to 36, inclusive, of this act:
1. For the fiscal year 197576, the sum of $5,000.
2. For the fiscal year 197677, the sum of $5,000.
________
Assembly Bill No. 570Assemblymen Demers, Chaney and Vergiels
CHAPTER 541
AN ACT relating to elections; adding provisions concerning recounts; restricting the right to file as an independent candidate; making administrative changes; and providing other matters properly relating thereto.
[Approved May 18, 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 7, inclusive, of this act.
Sec. 2. Abstract of votes means a compilation of votes cast for a particular candidate by office and precinct.
Sec. 3. Canvass means a review of the election results by the board of county commissioners or justices of the supreme court, by which any errors within the election results are officially noted and the official election results are declared.
Sec. 4. Certificate of election means a certificate prepared by the county clerk or governor, as the case may be, for the person having the highest number of votes for any district, county, township, state or statewide office as official recognition of such persons election to office.
Sec. 5. Contest means an adversary proceeding between a candidate for a public office who has received the greatest number of votes and any other candidate for that office or, in certain cases, any registered voter of the appropriate political subdivision, for the purpose of determining the validity of an election.
κ1975 Statutes of Nevada, Page 936 (CHAPTER 541, AB 570)κ
Sec. 6. Punchcard ballot means a card-type ballot designed for use in election systems in which each ballot is counted by an electronic computer or tabulator.
Sec. 7. For purposes of elections only, the secretary of state shall establish designations which separately identify each office of justice of the supreme court. Before any person is allowed to file a declaration of candidacy for the office of justice of the supreme court, he shall designate the particular office for which he is declaring his candidacy.
Sec. 8. NRS 293.128 is hereby amended to read as follows:
293.128 To qualify as a political party any organization shall, under a common name or designation, file a petition with the secretary of state not less than 60 days prior to any primary election, signed by a number of registered voters equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress, declaring that they represent a political party or principle the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the voters need not all be on one petition, but each petition shall be verified by at least one signer thereof to the effect that the signers [are] were registered voters of the state as of the last general election according to his best information and belief.
Sec. 9. NRS 293.200 is hereby amended to read as follows:
293.200 1. Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of ballots cast in the state or in the county, district or municipality electing such officer at the last preceding general election. The certificate may consist of more than one document.
2. Each signer shall add to his signature the address of the place at which he actually resides and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.
3. Such certificate of candidacy may state the principle, if any, which the person qualified represents.
4. Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
5. Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p.m. of the [2nd Friday in July.] last Friday in June.
6. No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.
7. [Each independent candidate shall be required to state under oath that he has not been registered as a member of any political party since the date of the last primary election immediately preceding the filing of the certificate.] A person may not file as an independent candidate if he, in fact, is proposing to run as the candidate of a political party whose name includes the word independent.
κ1975 Statutes of Nevada, Page 937 (CHAPTER 541, AB 570)κ
in fact, is proposing to run as the candidate of a political party whose name includes the word independent.
8. The names of independent candidates shall be placed on the general election ballot and shall not appear on the primary election ballot.
9. If the candidacy of any person seeking to qualify under this section is challenged, all affidavits and documents in support of such challenge shall be filed not later than 5 p.m. on the 3rd Wednesday in July. Any court proceeding resulting from such challenge shall be set for hearing not less than 5 days and not more than 10 days after the 3rd Wednesday in July.
10. Any challenge pursuant to subsection 9 shall be filed with:
(a) The supreme court if the certificate of candidacy was filed with the secretary of state.
(b) The district court of the county where the certificate of candidacy was filed if the certificate was filed with a county clerk.
Sec. 10. NRS 293.205 is hereby amended to read as follows:
293.205 1. On or before the 1st Wednesday in July of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.215, inclusive.
2. On or before the 1st Wednesday in May in each year when a President of the United States is to be nominated and elected, the county clerk shall establish and define the boundaries of presidential primary election districts as provided in NRS 298.145.
Sec. 11. NRS 293.217 is hereby amended to read as follows:
293.217 The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and shall conclude such duties no later than 31 days preceding the election. Not all of the registered voters appointed as election board officers for any precinct or district shall be of the same political party. No candidate for nomination or election [shall] or his relative within the second degree of consanguinity or affinity may be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
1. Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
2. Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized election board officer shall receive no additional compensation for his services rendered as such deputy sheriff during the election for which he is deputized.
Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
Sec. 12. NRS 293.247 is hereby amended to read as follows:
293.247 1. The secretary of state shall [promulgate rules and] adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary and general elections in all counties.
κ1975 Statutes of Nevada, Page 938 (CHAPTER 541, AB 570)κ
2. Such regulations shall prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of such ballots to be distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and equipment at voting places;
(j) The disposition of election returns; [and]
(k) The procedures to be used for canvasses, ties, recounts and contests; and
(l) Such other matters as determined necessary by the secretary of state.
3. The secretary of state may provide such interpretations and take such other actions as are necessary for the implementation and effective administration of the statutes and regulations governing the conduct of primary, and general elections in this state.
4. The secretary of state shall prepare and distribute to county clerks the election officers digest and instructions for election boards, and copies of any attorney generals opinions or any state or federal court decisions which affect state election laws or regulations whenever any such opinions or decisions become known to the secretary of state.
Sec. 13. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or question which will appear on the general election ballot.
2. Whenever feasible, he shall provide such copies on or before the 1st Monday in August of the year in which such proposals will appear on the ballot. Copies of any additional proposals shall be provided as soon after their filing as feasible.
3. [On or before the 4th Friday in October, each county clerk shall post one such copy at each polling place in the county outside the limits of incorporated cities.
4.] Each county clerk shall cause a copy of any such constitution, amendment or question to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the 1st Monday in October. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
[5.] 4. When a copy is furnished by the secretary of state too late to be published at 7-day intervals, it shall be published three times at the longest intervals feasible in each county.
Sec. 14. NRS 293.255 is hereby amended to read as follows:
293.255 Each county clerk, as registrar of voters, or his authorized representative shall issue certificates of error to registered voters whose affidavits of registration have been misplaced or for some other reason do not appear in the election board register at the polling place on election day.
κ1975 Statutes of Nevada, Page 939 (CHAPTER 541, AB 570)κ
representative shall issue certificates of error to registered voters whose affidavits of registration have been misplaced or for some other reason do not appear in the election board register at the polling place on election day. The county clerk or his authorized representative shall seal the certificate in an envelope addressed to the appropriate precinct or district election board.
Sec. 15. NRS 293.268 is hereby amended to read as follows:
293.268 The offices for which there are candidates and the names of the candidates therefor shall be listed in the order in which they are certified by the secretary of state. Such offices and names shall be followed by the county and other offices for which there are candidates with the names of the candidates for such offices listed in alphabetical order. The secretary of state may, by regulation, set standards for the placement of county and township offices.
Sec. 16. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as provided in [subsection 2] subsections 2 and 3 and NRS 293.305, at all elections held under the provisions of this Title, the polls shall open at 8 a.m. and close at 7 p.m.
2. In [Carson City and] counties where a punchcard voting system or voting machines are used, the polls shall open at 7 a.m. and close at 7 p.m.
[2.] 3. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes shall begin and continue without unnecessary delay until the count is completed.
[3.] 4. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
[4.] 5. No person other than election board officers engaged in receiving, preparing or depositing ballots, or issuing voting machines admission authorities, may be permitted inside the guardrail during the times the polls are open, except by authority of the election board as necessary for the purpose of keeping order and carrying out the provisions of this Title.
Sec. 17. NRS 293.367 is hereby amended to read as follows:
293.367 1. [No] The basic factor to be considered by an election board when making a determination of whether or not a particular ballot should be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a good faith and reasonable belief that the ballot has been tampered with and, as a result of such tampering, the outcome of the election would be affected.
2. Regulations for counting ballots shall include provisions that:
(a) A ballot which lacks the proper [watermark] secretary of states official mark may not be counted, but such ballots shall be preserved and returned with the other ballots.
[2.] (b) [No] A vote may not be counted unless indicated by a cross in the appropriate square.
[3.] (c) An error in marking one or more votes on a ballot shall not invalidate any votes properly marked on such ballot.
κ1975 Statutes of Nevada, Page 940 (CHAPTER 541, AB 570)κ
[4.] (d) If more choices than permitted by the instructions are marked for any office or question, the vote for such office or question may not be counted.
[5.] (e) If it is impossible to determine a voters choice for any office or question, his vote or votes for such office or question may not be counted.
[6.] (f) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
[7.] (g) Only devices provided for in this chapter may be used in marking ballots.
[8.] (h) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
[9.] (i) When an election board officer rejects a ballot for any alleged defect or illegality, such officer shall seal such ballot in an envelope and write upon the envelope a statement that it was rejected and the reason therefor.
(j) In counties where punchcard ballots are utilized, a superfluous punch into any ballot card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.
Sec. 18. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejected ballots, spoiled ballots, tally lists, challenge lists and stubs of the ballots used, enclosed and sealed, shall, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved [until the next election, after which they may be destroyed.] for at least 60 days. If a statement of contest has been filed, the affected ballots must be preserved for 2 years.
2. The pollbooks and tally lists deposited with the board of county commissioners shall be subject to the inspection of any elector who may wish to examine the same at any time after their deposit with the county clerk.
3. The ballots deposited with the county clerk shall not be subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom such election is being contested.
Sec. 19. NRS 293.403 is hereby amended to read as follows:
293.403 1. After the canvass of the vote in any election, any candidate defeated at such election may demand and receive a recount of the vote for the office for which he is a candidate if:
[1.] (a) Such demand is made within 5 days after the certification of the abstract of votes; and
[2.] (b) Such candidate pays [a fee of $50] in advance the estimated costs of the recount to the county clerk or secretary of state. The estimated costs of the recount shall be determined by the county clerk or secretary of state based on regulations promulgated by the secretary of state defining the term costs.
2. As used in this section, canvass means:
(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate voted for in more than one county.
κ1975 Statutes of Nevada, Page 941 (CHAPTER 541, AB 570)κ
canvass by the board of county commissioners last completing its canvass of the returns for a candidate voted for in more than one county.
(b) In any general election, the canvass of the supreme court.
Sec. 20. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the county clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners shall be present at the recount. Each candidate for the office affected by the recount may be present in person or by an authorized representative, but shall not be a member of the recount board.
2. [The] Except in counties using a punchcard voting system, the recount shall include a count and inspection of all ballots, including rejected ballots, and shall determine whether such ballots are marked as required by law.
3. If a recount is demanded in a county using a punchcard voting system, the county clerk shall select at random the ballots for the office affected from 5 percent of the precincts, but in no case fewer than 3 precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, shall, after hearing any challenges, determine whether the ballots are marked as required by law and shall handcount the valid ballots. A computer recount shall be made of all the selected ballots. If the handcount of the selected ballots or the computer recount shows a discrepancy of 1 percent or more for either candidate from the original canvass of the returns, the county clerk shall order a handcount of all the ballots for that office. If there is not a discrepancy of 1 percent or more for any candidate, the county clerk shall not order a handcount, but shall order a computer recount of all the ballots for the office.
4. The county clerk shall have authority to unseal and give to the recount board all ballots to be counted.
[3.] 5. In the case of a demand for a recount affecting more than one county, the demand shall be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
Sec. 21. NRS 293.437 is hereby amended to read as follows:
293.437 1. The county clerk may designate any building or buildings, public or otherwise, or any portion of such building or buildings, as the site or sites for any polling place or any number of polling places for any or all of the precincts or districts in the county.
2. If, in the opinion of the county clerk, the convenience and comfort of the voters and election officials will be best served by putting two or more polling places in any such building or buildings, or if, in the opinion of the county clerk, the expense to the county for polling places can be diminished by putting two or more polling places in any such building or buildings, he may so provide.
3. In precincts where there are no public buildings or other appropriate locations owned by the state, county, township, city, town or precinct, privately owned locations [shall] may be rented at a rate not to exceed $15 for each election [.]
κ1975 Statutes of Nevada, Page 942 (CHAPTER 541, AB 570)κ
precinct, privately owned locations [shall] may be rented at a rate not to exceed $15 for each election [.] if only one precinct is involved and at a rate not to exceed $25 for each election if more than one precinct is involved.
Sec. 22. NRS 293.440 is hereby amended to read as follows:
293.440 1. Any person desiring a copy of any precinct, district or county list of registered voters and their addresses, and providing an assurance that such list will be used only for purposes relating to elections, may obtain such copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per each name on such list, but one copy of each original and supplemental precinct, district or county list shall be provided to the county central committee of any political party, as defined in NRS 293.073, upon request, without charge.
2. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed precinct or district lists.
Sec. 23. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio deputy registrars for the purpose of carrying out the provisions of this chapter.
2. The county clerk may appoint registered voters as deputy registrars, who shall register voters within the county for which they are appointed. Except as provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. Deputy registrars so appointed shall serve at the pleasure of the county clerk and shall perform their duties as the county clerk may direct.
3. Deputy registrars may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.
4. When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of such forms for more than 5 days.
5. Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election, a deputy registrar shall return all unused affidavits in his possession to the county clerk.
6. Deputy registrars shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.
7. Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 24. NRS 293.507 is hereby amended to read as follows:
293.507 1. The secretary of state may prescribe a standard form for affidavits of registration.
2. County clerks shall provide original and duplicate forms for affidavits of registration to deputy registrars in form and number prescribed by the secretary of state.
κ1975 Statutes of Nevada, Page 943 (CHAPTER 541, AB 570)κ
Sec. 25. NRS 293.523 is hereby amended to read as follows:
293.523 [1.] A naturalized citizen need not produce his certificate of naturalization in order to qualify to be registered.
[2. The county clerk shall propound, in addition to the questions on the registration form, the following questions:
(a) In what year did you come to the United States?
(b) Where were you admitted to citizenship?]
Sec. 26. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the [third] seventh day prior to any election, a written challenge may be filed with the county clerk. Such challenge shall be signed and verified by a registered voter and name the person whose right to vote is challenged and the ground of the challenge.
2. The county clerk shall file the challenge in the registrar of voters register and attach a copy thereof to the challenged registration in the election board register.
Sec. 27. NRS 293.557 is hereby amended to read as follows:
293.557 1. The county clerk [may] shall cause to be published in counties having a population under 100,000 and may cause to be published in counties having a population of 100,000 or more, as such population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing of the entire county:
(a) At least 75 days before any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
2. The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.
3. The list of registered voters shall not be printed in type smaller than six-point.
Sec. 28. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p.m. of the fifth Saturday preceding any primary election and at 9 p.m. of the fifth Saturday preceding any general election.
2. Registration offices shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before registration, according to the following schedule:
(a) In counties which have a population less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, registration offices shall be open during the last 3 days before registration closes;
(b) In all other counties, registration offices shall be open during the last 5 days before registration closes.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
κ1975 Statutes of Nevada, Page 944 (CHAPTER 541, AB 570)κ
in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
[5. At least 15 days before the time when the registrar of voters register is closed for any election, the county clerk shall mail a copy of such notice to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which there is no newspaper of general circulation.]
Sec. 29. NRS 298.145 is hereby amended to read as follows:
298.145 1. Insofar as is practicable, and where the provisions of NRS 298.095 to 298.165, inclusive, do not specifically indicate otherwise, the presidential preference primary shall be conducted in the same manner as a state primary, but the secretary of state certifies the names of the candidates to the respective county clerks on or before the 4th Tuesday in April of each presidential year.
2. County clerks [may combine and consolidate two or more precincts] shall establish presidential primary election districts for the purpose of conducting this election. Such districts may consist of single election precincts or combinations of two or more precincts as public convenience, necessity and economy may require.
Sec. 30. NRS 293.237 and 293.240 are hereby repealed.
Sec. 31. Section 16 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 173Senator Dodge
CHAPTER 542
AN ACT relating to trade regulations and practices; prohibiting the restraint of trade or commerce; granting to the attorney general of the State of Nevada certain investigative and enforcement powers; providing penalties; creating a fund; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Unfair Trade Practice Act.
Sec. 3. 1. The legislature hereby finds that:
(a) The free, open and competitive production and sale of commodities and services is necessary to the economic well-being of the citizens of the State of Nevada.
(b) The acts of persons which result in the restraint of trade and commerce:
(1) Act to destroy free and open competition in our market system and, thereby, result in increased costs and the deterioration in quality of commodities and services to the citizens of the State of Nevada.
κ1975 Statutes of Nevada, Page 945 (CHAPTER 542, SB 173)κ
and, thereby, result in increased costs and the deterioration in quality of commodities and services to the citizens of the State of Nevada.
(2) Result in economic hardships in the form of increased consumer prices and increased taxes upon many citizens of the State of Nevada least able to bear such increased costs.
2. It is the policy of this state and the purpose of this chapter to:
(a) Prohibit acts in restraint of trade or commerce, except where properly regulated as provided by law.
(b) Preserve and protect the free, open and competitive nature of our market system.
(c) Penalize all persons engaged in such anticompetitive practices to the full extent allowed by law, in accordance with the penalties provided herein.
Sec. 4. When used in this chapter, unless the context otherwise requires:
1. Commodity means any goods, merchandise, wares, produce, chose in action, patents, trademarks, articles of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment or resale.
2. Person means any individual, proprietorship, corporation, firm, partnership, incorporated or unincorporated association, or any other legal or commercial entity, but does not mean the State of Nevada, its agencies, political subdivisions, districts or municipal corporations.
3. Service means any activity performed or benefit conferred for the purpose of economic gain.
4. Trade or commerce includes all economic activity involving or relating to any commodity or service.
Sec. 5. Every activity enumerated below in this section constitutes a contract, combination or conspiracy in restraint of trade, and it is unlawful to conduct any part of any such activity in this state:
1. Price fixing, which consists of raising, depressing, fixing, pegging or stabilizing the price of any commodity or service, and which includes, but is not limited to:
(a) Agreements among competitors to depress prices at which they will buy essential raw material for the end product.
(b) Agreements to establish prices for commodities or services.
(c) Agreements to establish uniform discounts, or to eliminate discounts.
(d) Agreements between manufacturers to price a premium commodity a specified amount above inferior commodities.
(e) Agreements not to sell below cost.
(f) Agreements to establish uniform trade-in allowances.
(g) Establishment of uniform cost surveys.
(h) Establishment of minimum markup percentages.
(i) Establishment of single or multiple basing point systems for determining the delivered price of commodities.
(j) Agreements not to advertise prices.
(k) Agreements among competitors to fix uniform list prices as a place to start bargaining.
(l) Bid rigging, including the misuse of bid depositories, foreclosures of competitive activity for a period of time, rotation of jobs among competitors, submission of identical bids, and submission of complementary bids not intended to secure acceptance by the customer.
κ1975 Statutes of Nevada, Page 946 (CHAPTER 542, SB 173)κ
competitive activity for a period of time, rotation of jobs among competitors, submission of identical bids, and submission of complementary bids not intended to secure acceptance by the customer.
(m) Agreements to discontinue a product, or agreements with anyone engaged in the manufacture of competitive lines to limit size, styles or quantities of items comprising such lines.
(n) Agreements to restrict volume of production.
2. Division of markets, consisting of agreements between competitors to divide territories and to refrain from soliciting or selling in certain areas.
3. Allocation of customers, consisting of agreements not to sell to specified customers of a competitor.
4. Tying arrangements, consisting of contracts in which the seller or lessor conditions the sale or lease of commodities or services on the purchase or leasing of another commodity or service of the seller or lessor.
Sec. 6. (Deleted by amendment.)
Sec. 7. (Deleted by amendment.)
Sec. 8. The provisions of this chapter do not apply to:
1. Any labor, agricultural or horticultural organizations organized for the purpose of self-help and not for profit to itself nor to individual members thereof, while lawfully carrying out its legitimate objects.
2. Bona fide religious and charitable activities of any nonprofit corporation, trust or organization established exclusively for religious or charitable purposes.
3. Conduct which is expressly authorized, regulated or approved by:
(a) A statute of this state or of the United States;
(b) An ordinance of any city or county of this state; or
(c) An administrative agency of this state or of the United States or of a city or county of this state, having jurisdiction of the subject matter.
4. Conduct or agreements relating to rates, fares, classifications, divisions, allowances or charges (including charges between carriers and compensation paid or received for the use of facilities and equipment) authorized, regulated or approved by the public service commission of Nevada pursuant to chapter 706 of NRS.
5. Restrictive covenants:
(a) Which are part of a contract of sale for a business and which bar the seller of the business from competing with the purchaser of the business sold within a reasonable market area for a reasonable period of time; or
(b) Which are part of a commercial shopping center lease and which bar the parties from permitting or engaging in the furnishing of certain services or the sale of certain commodities within the commercial shopping center where such leased premises are located.
Sec. 9. 1. The attorney general shall:
(a) Enforce the provisions of this chapter.
(b) Investigate suspected violations of the provisions of this chapter.
(c) Institute proceedings on behalf of the state, its agencies, political subdivisions, districts or municipal corporations for:
(1) Injunctive relief against threatened loss or damage to the business or property of the state, its agencies, political subdivisions, districts or municipal corporations by reason of a violation of any provision of this chapter.
κ1975 Statutes of Nevada, Page 947 (CHAPTER 542, SB 173)κ
(2) Civil penalties for violations of the provisions of this chapter.
(3) Criminal penalties for violations of the provisions of this chapter.
2. Any district attorney in this state, with the permission or at the direction of the attorney general, shall institute proceedings in the name of the State of Nevada for any violation of the provisions of this chapter.
Sec. 10. The district courts have jurisdiction over actions and proceedings for violations of the provisions of this chapter and may:
1. Issue temporary restraining orders and injunctions to prevent and restrain violations of the provisions of this chapter.
2. Impose civil and criminal penalties and award damages as provided in this chapter.
3. Grant mandatory injunctions reasonably necessary to eliminate practices which are unlawful under the provisions of this chapter.
Sec. 11. 1. Whenever the attorney general has reasonable cause to believe that any person has information or is in possession, custody or control of any document or other tangible evidence relevant to an investigation for violation of any provision of this chapter, he may issue in writing and cause to be served upon that person, before bringing any action concerning such violation or suspected violation, an investigative demand to:
(a) Appear and be examined under oath;
(b) Answer written interrogatories under oath; or
(c) Produce the document or other tangible evidence for inspection and copying.
2. The demand shall:
(a) Be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested.
(b) State the section or sections of this chapter, alleged to have been violated and the general nature of the investigation.
(c) Describe the class or classes of documents or other tangible evidence with sufficient definiteness to permit them to be fairly identified.
(d) Contain a copy of the written interrogatories, if any.
(e) Prescribe a time at which the person must appear to testify, within which to answer the written interrogatories or produce the documents or other tangible evidence, but inspection of documentary material or other tangible evidence may be carried out at the place where the documents or evidence are located when the production of the material would be burdensome to the person investigated or where such visitorial investigation would be preferred by the attorney general.
(f) Specify a place for the taking of testimony or for production of evidence and identify the person who is to take custody of the document or other tangible evidence for the purposes of inspection or copying.
3. A written investigative demand shall not require the submission of any privileged documentary material or testimony.
Sec. 12. Any procedure, testimony taken, document or other tangible evidence produced, or answer made under section 11 of this act shall be kept confidential by the attorney general prior to the institution of an action brought under this chapter for the alleged violation of the provisions of this chapter under investigation, unless:
1. Confidentiality is waived by the person upon whom the written investigative demand is made;
κ1975 Statutes of Nevada, Page 948 (CHAPTER 542, SB 173)κ
2. Disclosure is authorized by the district court; or
3. Disclosure is made pursuant to section 30 of this act.
Sec. 13. In case of refusal to comply in whole or in part with the written investigative demand by any person to whom it is directed, any district court of the State of Nevada, upon application of the attorney general, may issue an order requiring compliance. Failure to obey the order of the court may be punished by the court as a contempt of court.
Sec. 14. 1. If a natural person refuses to make written answer, testify or produce evidence pursuant to a written investigative demand on the ground he may be incriminated thereby, any district court of the State of Nevada, upon the ex parte application of the attorney general may order, in the name of the State of Nevada, that the natural person be released from all liability to be prosecuted or punished on account of any testimony or other evidence he may be required to produce.
2. Except as provided in subsection 3, such order of immunity shall forever be a bar to prosecution against the witness for any offense shown in whole or in part by such testimony or other evidence.
3. Immunity obtained pursuant to this section shall not:
(a) Exempt any person from prosecution for perjury committed in the giving of such testimony; or
(b) Prevent the attorney general or a civil litigant from instituting evil proceedings against any person who violates the provisions of this chapter.
Sec. 15. If any person refuses to testify, produce evidence or make answer after being granted immunity from prosecution as provided by section 14 of this act, the attorney general may apply to any district court for an order compelling such person to testify, produce evidence or make answer. Any person who disobeys such order of the court may be held in contempt of court.
Sec. 16. It is the duty of all public officers, their deputies, assistants, clerks, subordinates or employees, to render and furnish to the attorney general, his deputy or other designated representative, when so requested, all the information and assistance in their possession or within their power relating to investigations carried out under the provisions of this chapter.
Sec. 17. 1. The attorney general may bring a civil action for any violation of the provisions of this chapter in the name of the State of Nevada and is entitled to recover damages and secure other relief provided by this chapter:
(a) As parens patriae of the persons residing in the state, with respect to damages sustained by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state, who have been damaged; or
(b) As parens patriae, with respect to damages to the general economy of the State of Nevada or any political subdivision thereof.
2. In any action under this section, the state:
(a) May recover the aggregate damage sustained by the persons on whose behalf the state sues, without separately proving the individual claims of each such person.
κ1975 Statutes of Nevada, Page 949 (CHAPTER 542, SB 173)κ
claims of each such person. Proof of such damages shall be based on any or all of the following:
(1) Statistical or sampling methods;
(2) The pro rata allocation of illegal overcharges of sales occurring within the State of Nevada; or
(3) Such other reasonable system of estimating aggregate damages as the court in its discretion may permit.
(b) Shall distribute, allocate or otherwise pay the amounts so recovered either in accordance with state law, or in the absence of any applicable state law, as the district court may in its discretion authorize, subject to the requirement that any distribution procedure adopted afford each person on whose behalf the state sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of such recovery is escheated.
Sec. 18. Persons who engage in activities prohibited by this chapter are civilly liable, at the suit of the attorney general, in an amount not to exceed 5 percent of the gross income realized by the sale of commodities or services sold by such persons in this state in each year in which the prohibited activities occurred.
Sec. 19. (Deleted by amendment.)
Sec. 20. A corporation, association, firm, partnership, proprietorship or any other legal or commercial entity is liable under this chapter for the acts of its officers, directors, representatives or agents, acting within the scope of their actual or apparent authority. Proof of the acts of any such officer, director, representative or agent shall constitute prima facie proof as being the acts of the corporation, association, firm, partnership or proprietorship itself.
Sec. 21. 1. Upon a violation of the provisions of this chapter by any corporation or association organized under the laws of this state, or upon failure to comply with the terms of the final judgment or decree rendered by a court of this state for a violation of the provisions of this chapter, or to comply with a consent judgment or decree rendered by a court of this state concerning an alleged violation of the provisions of this chapter, the attorney general may institute a suit in any district court for:
(a) The forfeiture of charter rights, franchises, privileges and powers, and for the dissolution of the corporation or association; or
(b) The suspension of the privilege to conduct business within the state.
2. The district court, in its discretion and with due consideration of all relevant factors, including relevant public interests and competitive and economic factors, may order the dissolution, suspend the privilege to conduct business for a specific period, deny such relief or provide other appropriate relief.
Sec. 22. 1. Upon a violation of the provisions of this chapter by a foreign corporation or association exercising the privilege of conducting business within this state, or upon a failure to comply with the terms of the final judgment or decree rendered by a court of this state in any proceeding under the provisions of this chapter, or to comply with a consent judgment or decree rendered by a court of this state concerning an alleged violation of the provisions of this chapter, the attorney general may institute a suit in any district court for the revocation or suspension of franchises, privileges and powers connected with doing business within the state.
κ1975 Statutes of Nevada, Page 950 (CHAPTER 542, SB 173)κ
judgment or decree rendered by a court of this state concerning an alleged violation of the provisions of this chapter, the attorney general may institute a suit in any district court for the revocation or suspension of franchises, privileges and powers connected with doing business within the state.
2. The district court, in its discretion and with due consideration of all relevant factors, including relevant public interests and competitive and economic factors, may order the revocation or suspension of the privilege to conduct business for a specified period, deny relief or provide other appropriate relief. A revocation shall have the same effect as a failure to qualify to do business in this state.
Sec. 23. 1. Any person threatened with injury or damage to his business or property by reason of a violation of any provision of this chapter, may institute an action or proceeding for injunctive relief. If the court issues a permanent injunction, the plaintiff shall recover reasonable attorney fees, together with costs, as determined by the court.
2. Any person injured in his business or property by reason of a violation of the provisions of this chapter may sue therefor and shall recover treble damages, together with reasonable attorney fees and costs.
3. Any person commencing an action for any violation of the provisions of this chapter shall, simultaneously with the filing of the complaint with the court, mail a copy of the complaint to the attorney general.
Sec. 24. Any final judgment or decree, other than a stipulation or consent decree approved by a district court before any testimony has been taken, rendered in any action or proceeding brought by the attorney general or any district attorney with the permission or at the direction of the attorney general, shall be prima facie evidence in any action brought under this chapter as to all matters with respect to which the judgment or decree would be an estoppel between the parties to the suit.
Sec. 25. The state, any district, municipal corporation, agency or other political subdivision of the state injured in its business or property by reason of a violation of the provisions of this chapter, shall recover treble damages, together with reasonable attorney fees and costs.
Sec. 26. Any person who conspires to, or does, violate any of the provisions of this chapter is guilty of a felony, punishable by imprisonment for not less than 1 year nor more than 6 years or by a fine not exceeding $100,000, or by both such fine and imprisonment for each violation.
Sec. 27. 1. An action brought under section 18 or 25 of this act is barred if it is not commenced within 4 years after the cause of action accrues, or if the cause of action is based upon a conspiracy in violation of this chapter, within 4 years after the plaintiff discovered, or by the exercise of reasonable diligence, should have discovered the facts relied upon for proof of the conspiracy.
2. An action brought under section 17 or section 23 of this act is barred if it is not commenced:
(a) Within 4 years after the cause of action accrues, or if the cause of action is based upon a conspiracy in violation of this chapter, within 4 years after the plaintiff discovered, or by the exercise of reasonable diligence, should have discovered the facts relied upon for proof of the conspiracy; or
κ1975 Statutes of Nevada, Page 951 (CHAPTER 542, SB 173)κ
(b) Within 1 year after the conclusion of any action or proceeding brought under section 18 or 25 of this act commenced within or before the running of the 4-year period as provided in paragraph (a) and which is based in whole or in part on any matter complained of in the action for damages.
3. For the purpose of this section, a cause of action for a continuing violation arises at any time during the period of such violation.
Sec. 28. The remedies afforded by this chapter are cumulative.
Sec. 29. The provisions of this chapter shall be construed in harmony with prevailing judicial interpretations of the federal antitrust statutes.
Sec. 30. The attorney general may cooperate with and coordinate the enforcement of the provisions of this chapter with officials of the Federal Government and the several states, including but not limited to the sharing of information and evidence obtained in accordance with section 11 of this act.
Sec. 31. 1. All attorney fees and costs and ten percent of all recoveries obtained as damages or civil penalties for the State of Nevada and its agencies by the attorney general as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise, shall be deposited with the state treasurer to the credit of the attorney generals unfair trade practice fund, which is hereby created.
2. The balance of all recoveries obtained as damages or civil penalties for the State of Nevada and its agencies by the attorney general as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise, shall be deposited with the state treasurer to the credit of the general fund.
3. On June 30 of each fiscal year, any balance in excess of $30,000 remaining in the attorney generals unfair trade practice fund shall revert to the general fund.
Sec. 32. 1. The attorney general is authorized to accept money received for, and direct disbursements from, the attorney generals unfair trade practice fund.
2. The attorney generals unfair trade practice fund shall be used, in so far as balances are available therein, for the expenses of enforcing statutes pertaining to unfair trade practices. Expenses for such enforcement in excess of the balances available in the attorney generals unfair trade practice fund shall be paid out of the regular appropriation to the office of the attorney general.
Sec. 33. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
________
κ1975 Statutes of Nevada, Page 952κ
Senate Bill No. 417Senator Blakemore
CHAPTER 543
AN ACT relating to securities; providing for regulation of bullion dealers, investment advisers and transfer agents; increasing the regulation of broker-dealers and agents; revising definitions; providing penalties; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. Bullion dealer means any person engaged in the business of effecting transactions in gold, silver or other precious metals.
Sec. 3. Investment adviser means any person who engages in the business of advising others, either directly or through publications or writings, as to the value of securities or commodity options or as to the advisability of investing in, purchasing or selling securities or commodity options, or who as part of a regular advisory business issues or promulgates analyses or reports concerning securities or commodity options, but the term investment adviser does not include:
1. A bank or trust company, or the regular employees of a bank or trust company;
2. Any lawyer, accountant, engineer, geologist or teacher whose performance of such services is incidental to the practice of his profession;
3. Any registered broker-dealer, bullion dealer or issuer, or partner, officer, director or regular employee thereof, or any registered agent or transfer agent;
4. Any publisher or regular employee of the publisher of a bona fide newspaper, news magazine or business or financial publication of general circulation;
5. Any person whose advice, analyses or reports relate only to securities which are direct obligations of or obligations guaranteed as to principal or interest by the United States, any state or any political subdivision of any state, or any public agency or public instrumentality of any one or more of the foregoing;
6. Such other persons as the administrator may designate by regulation or order.
Sec. 4. Transfer agent means any person who, for a fee, performs the service of registering the transfer of securities.
Sec. 5. 1. If the administrator finds that the sale or proposed sale, or method of sale of any security or commodity option, whether exempt or not, in the State of Nevada would:
(a) Employ any device, scheme or artifice to defraud;
(b) Obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or
(c) Involve any transaction, practice or course of business which operates or would operate as a fraud or deceit upon the purchaser, the administrator shall, by written order, prohibit or suspend the sale of the security or commodity option or deny approval of the statement of the security or commodity option.
κ1975 Statutes of Nevada, Page 953 (CHAPTER 543, SB 417)κ
the administrator shall, by written order, prohibit or suspend the sale of the security or commodity option or deny approval of the statement of the security or commodity option.
2. If the administrator finds that any person is transacting business in this state as a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent without having complied with the registration requirements of this chapter, the administrator may, by written order, prohibit or suspend such person from engaging in such activity.
Sec. 6. 1. The registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent may be denied, suspended or revoked if the administrator finds, after notice and opportunity for hearing as provided in section 8 of this act, that such broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent or any officer, director, partner, member, trustee or manager thereof:
(a) Has been convicted of a felony or of any misdemeanor of which fraud is an essential element;
(b) Has failed to account for any money or property or has failed to deliver any security or commodity option to any person entitled thereto when due or within a reasonable time thereafter;
(c) In the case of a broker-dealer, bullion dealer or issuer, is selling or issuing or has sold or issued securities or commodity options in this state through an agent other than a registered agent, or, in the case of an agent, is selling or has sold securities or commodity options in this state for a broker-dealer, bullion dealer or issuer with knowledge that such broker-dealer, bullion dealer or issuer has not complied with the provisions of this chapter;
(d) Has violated any of the provisions of this chapter;
(e) Has made any material misrepresentation to the administrator in connection with any information deemed necessary by the administrator to determine a broker-dealers, bullion dealers or issuers financial responsibility or a broker-dealers, bullion dealers, issuers, agents, investment advisers or transfer agents business repute or qualifications, or has refused to furnish any such information as requested by the administrator;
(f) Has had a license or registration under any law, federal, state or territorial, regulating the sale or issuance of securities or commodity options, refused, canceled, suspended or withdrawn for fraudulent or felonious conduct or for violation of such law.
2. If the administrator finds that any registrant or applicant for registration is no longer in existence or has ceased to do business as a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent, or has been adjudicated mentally incompetent, or cannot be located after reasonable search, the administrator may by order cancel the registration or application.
Sec. 7. Registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent may be revoked for attempted transfer of the registration to any other person without first requesting and receiving the approval of the administrator.
Sec. 8. 1. Except as provided in subsection 3, the administrator shall not:
κ1975 Statutes of Nevada, Page 954 (CHAPTER 543, SB 417)κ
(a) Deny approval of the statement of any security or commodity option or the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent;
(b) Prohibit or suspend the sale of any security or commodity option; or
(c) Prohibit or suspend any person from acting as a broker-dealer, bullion dealer, issue, agent, investment adviser or transfer agent,
except after opportunity for a hearing upon not less than 10 days advance notice given by personal service or registered or certified mail to the person or persons concerned.
2. The notice shall:
(a) State the date, time and place of the hearing;
(b) Contain a brief statement of the proposed action of the administrator; and
(c) State the grounds for the proposed action.
3. The administrator may temporarily prohibit the sale of any security or commodity option or suspend the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent without the notice and prior hearing if the administrator deems such action to be necessary for the protection of the public.
4. Immediately after taking any such action, the administrator shall:
(a) Schedule a hearing on the action as soon as possible and give to the person or persons concerned notice by personal service, by registered or certified mail or by telegram of the date, time and place of the hearing.
(b) Conduct the hearing and, under the facts developed, suspend or revoke the reigstration of any security, commodity option or person involved, or the imposition on any such person of a civil penalty of not more than $1,000 for each offense.
5. The provisions of the Nevada Administrative Procedure Act (chapter 233B of NRS) for the hearing, determination and review of contested cases apply to actions of the administrator or any deputy administrator under this section, and the findings and decision are a public record.
Sec. 9. 1. Eighty percent of any or all moneys received from any sale of an intrastate public offering of securities shall be deposited in a trust account approved by the administrator. Such funds shall be retained in trust until the number of securities sold is, as specified by the issuer to the administrator prior to the registration of the offering as provided in NRS 90.140 and as contained in the offering statement, sufficient to finance the stated objectives of the offering.
2. If the specified number of securities is not sold prior to the expiration of the registration, any or all funds retained in trust shall be returned forthwith to the purchasers upon the redelivery of the securities purchased. If the specified number of securities is so sold, all funds retained in trust shall be paid to the issuer or his agent.
Sec. 10. Any contract for the sale of securities that is executed in violation of the provisions of this chapter is voidable at the purchasers option.
Sec. 11. NRS 90.010 is hereby amended to read as follows:
90.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 90.020 to 90.095, inclusive, and sections 2 to 4, inclusive, of this act shall have the meaning ascribed to them in [NRS 90.020 to 90.095, inclusive,] such sections.
κ1975 Statutes of Nevada, Page 955 (CHAPTER 543, SB 417)κ
the words and terms defined in NRS 90.020 to 90.095, inclusive, and sections 2 to 4, inclusive, of this act shall have the meaning ascribed to them in [NRS 90.020 to 90.095, inclusive,] such sections.
Sec. 12. NRS 90.030 is hereby amended to read as follows:
90.030 1. Agent means any individual other than a broker-dealer and bullion dealer who represents a broker-dealer, bullion dealer or issuer in effecting or attempting to effect purchases or sales of securities or commodity options.
2. Agent does not include an individual who represents an issuer in effecting transactions with existing employees, partners or directors of the issuer, or any of its subsidiaries, if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in this state.
3. A partner, officer or director of a broker-dealer, bullion dealer or issuer, or a person occupying a similar status or performing similar functions is not the agent of such broker-dealer, bullion dealer or issuer, but may, if he meets the test of subsection 1, be the agent of another broker-dealer, bullion dealer or issuer.
Sec. 13. NRS 90.075 is hereby amended to read as follows:
90.075 Public intrastate offering means every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value made solely within this state to [25] 35 persons or more by means of any news media, including but not limited to newspapers, magazines, radio and television, or through the use of the United States mails, or by direct solicitation, [by an agent,] except such offerings as are registered under the Securities Act of 1933 (15 U.S.C. § 77a et seq.) or exempt from registration thereunder other than by reason of the intrastate character thereof.
Sec. 14. NRS 90.090 is hereby amended to read as follows:
90.090 1. Security means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, instrument showing ownership of an interest in gold, silver or other precious metal, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, temporary or interim certificate for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.
2. Security does not include any insurance or endowment policy or annuity contract under which an insurance company promises to pay money either in a lump sum or periodically for life or some other specified period.
Sec. 15. NRS 90.120 is hereby amended to read as follows:
90.120 1. It is unlawful for any person to transact business in this state as a broker-dealer or agent or, in the case of commodity options, an issuer, unless he is registered under this chapter.
κ1975 Statutes of Nevada, Page 956 (CHAPTER 543, SB 417)κ
2. It is unlawful for any bullion dealer, unless first registered under this chapter, to engage in this state in any transaction in which the purchased precious metal is not delivered to the buyer within 15 days after the sale date.
3. It is unlawful for any broker-dealer, bullion dealer or issuer to employ an agent unless the agent is registered. The registration of an agent is not effective during any period when he is not associated with a particular broker-dealer or bullion dealer registered under this chapter or a particular issuer. When an agent begins or terminates a connection with a broker-dealer, bullion dealer or issuer, or begins or terminates those activities which make him an agent, the agent as well as the broker-dealer, bullion dealer or issuer shall promptly notify the administrator.
[3.] 4. It is unlawful for any person in this state to serve as an investment adviser unless he is registered pursuant to NRS 90.130. An investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 shall be registered upon proof of this fact to the administrator.
5. It is unlawful for any person in this state to serve as a transfer agent unless he is registered pursuant to NRS 90.130.
6. Every registration expires 1 year from its effective date unless renewed.
Sec. 16. NRS 90.130 is hereby amended to read as follows:
90.130 1. A broker-dealer, [or] bullion dealer, investment adviser, transfer agent or agent or, in the case of commodity options, an issuer, may obtain an initial or renewal registration by filing with the administrator:
(a) A written application verified by or in behalf of the applicant; [.]
(b) A consent to service of process pursuant to subsection 6 of NRS 90.210; [.]
(c) In the case of any broker-dealer or agent, proof that the principals thereof have successfully completed the principals examination of the National Association of Securities Dealers or its equivalent, proof that the agents have successfully completed the securities examination of the National Association of Securities Dealers or, in the case of broker-dealers dealing only in commodity options, proof that the applicant has successfully completed the Chicago Board of Trade examination or its equivalent; and
(d) In the case of any broker-dealer, bullion dealer or other principal, an audit by a licensed public accountant.
2. The application shall contain whatever the administrator by rule requires concerning such matters as:
(a) The applicants form and place of organization;
(b) The applicants proposed method of doing business;
(c) The qualifications and business history of the applicant, and, in the case of a broker-dealer, bullion dealer, investment adviser, transfer agent or an issuer of a commodity option, the qualifications and business history of any partner, officer or director, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the [broker-dealer or, in the case of a commodity option, the issuer;] applicant;
κ1975 Statutes of Nevada, Page 957 (CHAPTER 543, SB 417)κ
(d) Any injunction or administrative order or conviction of a misdemeanor involving a security or commodity option or any aspect of the securities or commodity option business and any conviction of a felony; and
(e) The applicants financial condition and history.
3. If the applicant is a corporation or association organized under the laws of any other state, territory or government, it shall file with its application:
(a) A copy of its articles of incorporation or association; and
(b) A certificate executed by the proper officer of the state, territory or government under the laws of which it is organized, and executed not more than 30 days before the filing of the application, showing that the applicant is authorized to transact business in that state, territory or government.
4. Every applicant shall, as part of his application, be fingerprinted, and in the case of a broker-dealer, bullion dealer, investment adviser, transfer agent or an issuer of a commodity option, any partner, officer or director and any person occupying a similar status or performing similar functions shall be fingerprinted. Each such individual shall, at his own expense, arrange to be fingerprinted by any police or sheriffs office and shall request such office, in writing, to forward a copy of the Federal Bureau of Investigations report to be obtained on his fingerprints to the administrator. A copy of the individuals request to the police or sheriffs office shall accompany the application.
5. Every applicant for initial or renewal registration shall pay a filing fee of [$50] $100 in the case of a broker-dealer, bullion dealer, investment adviser, transfer agent or an issuer of a commodity option and $25 in the case of an agent. When an application is withdrawn the administrator shall retain the fee.
6. The administrator [may, by rule,] shall, by regulation, require registered broker-dealers, bullion dealers, agents and, in the case of commodity options, issuers to post reasonable surety bonds. [in amounts up to $10,000, and may determine their conditions.] Any appropriate deposit in cash or securities shall be accepted in lieu of any bond so required. [No bond may be required of any registrant whose net capital, which may be defined by rule, exceeds $25,000.] Every bond shall provide for suit thereon by any person who has a cause of action under NRS 90.200 and, if the administrator by [rule] regulation requires, by any person who has a cause of action not arising under this chapter. Every bond shall provide that no suit may be maintained to enforce any liability on the bond unless brought within 2 years after the sale or other act upon which it is based. The amount of the bond required pursuant to this subsection may be reviewed by the administrator from time to time and may be increased or decreased as he deems appropriate.
7. Registration becomes effective when the application is [approved] registered by the administrator. Registration of a broker-dealer and bullion dealer automatically constitutes registration of any agent who is a partner, officer or director, or [a] person occupying a similar status or performing similar functions [.] at the time of initial registration. Any person becoming a partner, officer or director subsequent to the initial registration shall register as an agent.
κ1975 Statutes of Nevada, Page 958 (CHAPTER 543, SB 417)κ
Sec. 17. NRS 90.140 is hereby amended to read as follows:
90.140 1. It is unlawful for any person to offer or sell any security in this state by means of a public intrastate offering unless:
(a) He has filed a statement with the administrator concerning such security as described in NRS 90.150;
(b) He has paid a filing fee of $500 therefor;
(c) The administrator has [approved] registered such statement; and
(d) The total amount of underwriting fees plus any other commissions or discounts allowed by the issuer does not exceed 15 percent, and the amount paid or allowed by the issuer for expenses directly or indirectly incurred does not exceed 5 percent, of the amount actually received in money.
2. Such statement shall be effective for a period of [18] 12 months, and if no issue of the security described in the statement takes place within such period, such person shall file a new statement pursuant to subsection 1 prior to the issuance of any such security.
3. When a statement is withdrawn the administrator shall retain the filing fee.
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Senate Bill No. 597Senator Sheerin
CHAPTER 544
AN ACT relating to county officers; providing specialty for the computation of longevity pay for certain members of the board of supervisors of Carson City; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.044 is hereby amended to read as follows:
245.044 1. On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he shall receive an additional salary of 1 percent of his base salary provided in NRS 245.043 for each full calendar year he has served in his office. The additional longevity salary provided in this section shall not exceed 20 percent of the base salary provided in NRS 245.043.
2. Longevity pay under the provisions of this section shall be computed on the basis of full calendar years of service and, with the exception of those persons initially eligible on July 1, 1973, shall be computed only at the beginning of their terms of office. Those persons who would have been eligible to receive longevity pay at the beginning of their current terms shall receive such increment on July 1, 1973.
3. Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the 1st Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.
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κ1975 Statutes of Nevada, Page 959κ
Senate Bill No. 153Committee on Finance
CHAPTER 545
AN ACT making appropriation from the general fund in the state treasury to the contingency fund for the interim finance committee; and providing other matters properly relating thereto.
[Approved May 18, 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 contingency fund created pursuant to NRS 353.266 the sum of $1,702,131.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 466Senator Raggio
CHAPTER 546
AN ACT to amend NRS 630.290, relating to physicians, by increasing the maximum annual registration fee for a license to practice medicine and the fee for reinstatement of a suspended license.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.290 is hereby amended to read as follows:
630.290 1. Each applicant for a license to practice medicine shall pay a fee of $200.
2. Each applicant who fails an examination and who is permitted to be reexamined shall pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request and in its discretion, refund a portion of the application fee not to exceed $100. There shall be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a permit, issued under the provisions of NRS 630.280 or 630.285, shall pay a fee not to exceed $50, as determined by the board, and shall pay a fee of $10 for each renewal of the permit.
5. Each holder of a license to practice medicine shall pay to the secretary-treasurer of the board on or before May 1 of each year an annual registration fee to be set by the board and in no case to exceed the sum of [$20] $100 per year.
6. Any holder failing to pay the annual registration fee after it becomes due shall be given a period of 60 days in which to pay the fee, and, failing to do so, shall automatically forfeit his right to practice medicine, and his license to practice medicine in Nevada shall automatically be suspended.
κ1975 Statutes of Nevada, Page 960 (CHAPTER 546, SB 466)κ
medicine, and his license to practice medicine in Nevada shall automatically be suspended. The holder may, within 2 years from the date his license is suspended, on payment of [$40] twice the amount of the then current annual registration fee to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
7. The annual registration fee shall be collected for the year in which a physician is licensed.
8. Notices shall be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice shall be sent to the federal narcotic enforcement office and to the recorder of the county in which the physician practices. The recording fee shall be a proper charge against the funds of the board.
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Senate Bill No. 526Senator Raggio
CHAPTER 547
AN ACT relating to physicians; relaxing the requirements for licensure of graduates of foreign medical schools in certain cases; and providing other matters properly relating thereto.
[Approved May 18, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.195 is hereby amended to read as follows:
630.195 1. The applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the board through its secretary:
(a) Proof that he is a citizen of the United States, has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen.
(b) Proof that he has received the degree of Doctor of Medicine or its equivalent, as determined by the board, from a foreign medical school recognized by the Educational [Council] Commission of Foreign Medical Graduates. [and has received the standard certificate of the Educational Council of Foreign Medical Graduates.]
(c) Proof that he has completed 3 years of postgraduate training satisfactory to the board.
(d) Proof that he has passed, with a grade acceptable to the board, an examination designated by the board.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board recognized by the American Medical Association, the requirements of paragraphs (c) and (d) of subsection 1 may be waived by the board.