[Rev. 2/28/2019 12:07:06 PM]
κ1975 Statutes of Nevada, Page 1153κ
Senate Bill No. 583Committee on Judiciary
CHAPTER 611
AN ACT relating to public employees; authorizing payment of deceased public employees final earnings to his designated beneficiary; and providing other matters properly relating thereto.
[Approved May 20, 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 a new section which shall read as follows:
1. If the employee has filed a written designation of beneficiary, the final payment of compensation due a deceased employee of any county, city, town, township, district or any other political subdivision of the State of Nevada, is not his property or that of his estate but shall be released to the designated beneficiary upon the written request of such beneficiary.
2. If the deceased employee has not filed such a designation with his employing public entity, the final payment is a part of the employees personal estate.
3. As used in this section, final payment means the net amount due the employee after the deduction of all lawfully withheld sums from the employees gross compensation.
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Senate Bill No. 555Committee on Judiciary
CHAPTER 612
AN ACT relating to attorneys fees; revising the schedule of maximum fees for court-appointed counsel for indigent criminal defendants at all court levels; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 7.260 is hereby amended to read as follows:
7.260 1. [An] Except as limited by subsections 2 and 3, an attorney other than a public defender appointed by a magistrate or a district court to represent [a defendant before a magistrate or to defend a person charged with any offense by indictment or information,] or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, including ancillary matters appropriate to the proceedings, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus [,] or other post-conviction relief, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive a fee [to be set at the discretion of the appointing court, judge or justice, but the fee shall not be set at more than $200 for services in a justices court and $300 for services in a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000.
κ1975 Statutes of Nevada, Page 1154 (CHAPTER 612, SB 555)κ
a fee [to be set at the discretion of the appointing court, judge or justice, but the fee shall not be set at more than $200 for services in a justices court and $300 for services in a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000. The fee shall be paid from the county treasury, unless the proceeding is based upon a petition for a writ of habeas corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, or upon an automatic appeal, in which cases the fee shall be paid from funds appropriated to the office of state public defender, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund pursuant to NRS 353.264 for the payment of such fees.
2. If such an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1 traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
3. Compensation for services and expenses which is a county charge shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed. Compensation for services and expenses which is a state charge shall be paid from funds appropriated to the office of state public defender, but after the appropriation for such purpose is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund, upon approval by the state board of examiners, for the payment of such compensation.
4. An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.] in accordance with the following schedule:
(a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The total fee for each attorney in any matter regardless of the number of offenses charged shall not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $2,500;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;
(c) If the most serious crime is a misdemeanor, $300;
(d) For a habeas corpus proceeding or petition for post-conviction relief, $300;
(e) For an appeal of one or more misdemeanor convictions, $300; or
(f) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.
3. If the appointing court deems it appropriate because of unusual circumstances to grant a fee in excess of the applicable maximum set forth in:
κ1975 Statutes of Nevada, Page 1155 (CHAPTER 612, SB 555)κ
(a) Paragraphs (a) to (e), inclusive, of subsection 2, such excess payment may be made only if approved by the chief judge of the judicial district in which the attorney was appointed, or if there is no chief judge, by the district court judge who holds seniority in years of service in office.
(b) Paragraph (f) of subsection 2, such excess payment may be made only if approved by a justice of the Nevada supreme court.
4. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings.
Sec. 2. Chapter 1 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3. The attorney or attorneys appointed by a magistrate or district court to represent a defendant are entitled, in addition to the fee provided by law for their services, to be reimbursed for expenses reasonably incurred by him or them in representing the defendant and may employ, subject to the prior approval of the magistrate or the district court in an ex parte application, such investigative, expert or other services as may be necessary for an adequate defense. Compensation to any person furnishing such investigative, expert or other services shall not exceed $300, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:
1. Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before him, as necessary to provide fair compensation for services of an unusual character or duration; and
2. Approved by the chief judge of the judicial district in which the attorney was appointed, or if there is no chief judge, by the district court judge who holds seniority in years of service in office.
Sec. 4. The compensation and expenses of an attorney appointed to represent a defendant shall be paid from the county treasury unless the proceedings are based upon a petition for habeas corpus or other post-conviction relief, in which cases the compensation and expenses shall be paid from moneys appropriated to the office of state public defender, but after the appropriation for such expenses is exhausted, moneys shall be allocated to the office of state public defender from the reserve for statutory contingency fund for the payment of such compensation and expenses.
Sec. 5. If at any time after the appointment of an attorney or attorneys the magistrate, the district court, the supreme court or a justice of the supreme court finds that money is available for payment from or on behalf of the defendant so that he is financially able to obtain private counsel or to make partial payment for such representation, the magistrate, the district court, the supreme court or a justice of the supreme court may:
1. Terminate the appointment of such attorney or attorneys; or
2. Direct that such money be paid to:
(a) The appointed attorney of attorneys, in which event any compensation provided for in NRS 7.260 shall be reduced by the amount of the money so paid, and no such attorney may otherwise request or accept any payment or promise of payment for representing such defendant; or
κ1975 Statutes of Nevada, Page 1156 (CHAPTER 612, SB 555)κ
(b) The clerk of the district court for deposit in the county treasury, if all of the compensation and expenses in connection with the representation of such defendant were paid from the county treasury, and remittance to the office of state public defender, if such compensation and expenses were paid partly from moneys appropriated to the office of state public defender and the money received exceeds the amount of compensation and expenses paid from the county treasury.
Sec. 6. Claims for compensation and expenses shall be made to:
1. The magistrate in cases in which the representation was rendered exclusively before him;
2. The district court in cases in which the representation was rendered before that court or before a magistrate and that court; and
3. The supreme court on any appeal to that court.
Each claim shall be supported by a sworn statement specifying the time expended in court, the services rendered out of court and the time expended therein, the expenses incurred while the case was pending and the compensation and reimbursement applied for or received in the same case from any other source. Except as otherwise provided for the approval of payments in excess of the statutory limit, the magistrate or the court to which the claim is submitted shall fix and certify the compensation and expenses to be paid, and the amounts so certified shall be paid in accordance with section 4 of this act.
Sec. 7. For the purposes of compensation and other payments authorized by NRS 7.260 and sections 3 to 6, inclusive, of this act, an order by a court granting a new trial shall be deemed to initiate a new case.
Sec. 8. A magistrate or a district court shall not appoint an attorney other than a public defender to represent a person charged with any offense by indictment or information unless such magistrate or the district court makes a finding, entered into the record of the case, that the public defender is disqualified from furnishing such representation and sets forth the reason or reasons for such disqualification.
Sec. 9. NRS 252.100 is hereby amended to read as follows:
252.100 1. If the district attorney fails to attend any session of the district court, or for any reason is disqualified from acting in any matter coming before the court, the court may appoint some other person to perform the duties of district attorney, who shall receive [a reasonable compensation, to be certified by the court and paid out of the county treasury.] the same compensation and expenses from the county as attorneys appointed pursuant to the provisions of NRS 7.260.
2. If the district attorney shall willfully neglect to attend any session of the district court the amount so paid shall be deducted by the board of county commissioners from the salary allowed to the district attorney.
Sec. 10. The provisions of this act are applicable to all attorneys appointed by a magistrate or a district court who have not filed a claim for compensation for their services at the time of the effective date of this act.
Sec. 11. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 1157κ
Senate Bill No. 499Committee on Judiciary
CHAPTER 613
AN ACT relating to the Nevada Administrative Procedure Act; permitting the secretary of state to discard a proposed regulation after the adopted regulation has been filed; requiring the secretary of state to deliver a copy of each regulation to the legislative counsel bureau; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233B.060 is hereby amended to read as follows:
233B.060 1. Prior to the adoption, amendment or repeal of any regulation, the agency shall give at least 30 days notice of its intended action.
2. The notice shall:
(a) Include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.
The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. The notice shall state the address or addresses at which the text of the proposed regulation may be inspected and copied. After the agency has filed the original and copies of the adopted regulation pursuant to NRS 233B.070, the secretary of state may discard the deposited copy of the proposed regulation.
3. All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, opportunity for oral hearing must be granted if requested by any interested person who will be directly affected by the proposed regulation. The agency shall consider fully all written and oral submissions respecting the proposed regulation.
4. If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A regulation so adopted may be effective for a period of not longer than 120 days, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.
5. No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this section, but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, shall continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies are deposited with the secretary of state on or before July 1, 1965.
κ1975 Statutes of Nevada, Page 1158 (CHAPTER 613, SB 499)κ
amended or repealed in accordance with the provisions of this chapter, if an original and two copies are deposited with the secretary of state on or before July 1, 1965.
6. Upon adoption of a regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
Sec. 2. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. Regulations shall become effective 30 days after an original and [two] three duplicate copies of each regulation are filed with the secretary of state, except where:
(a) A later date is required by statute;
(b) A later date is specified in the regulation; or
(c) The agency finds that an emergency exists, and such finding is concurred in by the governor, by written endorsement upon the original regulation.
2. Each regulation shall include a citation of the authority pursuant to which it, or any part of it, was adopted.
3. The secretary of state shall cause to be endorsed on the original and duplicate copies of each regulation filed the time and date of the filing thereof, and shall maintain a file of such regulations for public inspection together with suitable indexes therefor.
4. No adopted regulation, which attempts to incorporate an agencys ruling, order or similar pronouncement by referring to the general subject of such, or to where such may be found, or to both, shall be effective.
5. The secretary of state shall deliver a duplicate copy of each adopted regulation to the Nevada legislative counsel bureau.
6. Each agency shall furnish a copy of its regulations to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.
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Senate Bill No. 545Committee on Government Affairs
CHAPTER 614
AN ACT relating to county hospitals and districts; allowing certain boards of county commissioners to issue special obligation securities without an election for hospital facilities; providing for payment of the securities from net revenues or gross revenues of the hospital facilities; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.290 is hereby amended to read as follows:
450.290 1. Subject to the provisions of NRS 450.010 to 450.510, inclusive, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time or from time to time, in the name and on the behalf of the county, may issue:
κ1975 Statutes of Nevada, Page 1159 (CHAPTER 614, SB 545)κ
provided in NRS 350.070, the board of county commissioners, at any time or from time to time, in the name and on the behalf of the county, may issue:
[1.] (a) General obligation bonds, payable from taxes; and
[2.] (b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
2. 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, in the name and on behalf of the county, may issue, for any hospital project, without the securities being authorized at any election, special obligation municipal securities payable solely from net revenues or gross revenues derived from the operation of hospital facilities.
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Senate Bill No. 446Committee on Judiciary
CHAPTER 615
AN ACT relating to contractors; limiting eligibility for examination for contractors license; providing a penalty for certain advertising; providing for an injunction; increasing bond requirements; amending the penalty provisions; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Any person who has been convicted of violating NRS 624.230 or 624.290 may be disqualified from taking a written or oral examination for a contractors license for a period of 6 months from the date of his conviction.
Sec. 3. 1. It is unlawful for any person, including a person exempt under NRS 624.330, to advertise as a contractor unless he has a valid license in the appropriate classification established by NRS 624.215 and 624.220.
2. As used in this section, advertising includes but is not limited to the issuance of any sign, card or device or by the permitting or allowing of any sign or marking in any building, structure, newspaper, magazine, airway transmission or in any directory under the listing of contractor with or without any limiting qualifications.
3. All advertising by a licensed contractor shall include the number of his license.
κ1975 Statutes of Nevada, Page 1160 (CHAPTER 615, SB 446)κ
Sec. 4. When it appears that any person has engaged in acts or practices which constitute a violation of this chapter, the board may request the district attorney of the county in which the alleged violation occurred, or the district attorney of any other county in which such person or firm maintains a place of business or resides, to apply on behalf of the board to the district court for an injunction restraining such person or firm from acting in the capacity of a contractor without a license in violation of this chapter, and upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The board as plaintiff in any such action shall not be required to prove any irreparable injury.
Sec. 5. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before granting an original contractors license to any applicant, the board shall require that the applicant:
(a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such bond, establish with the board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force and effect, unless the applicant has been relieved of such requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in full force and effect the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, or refuse to renew a license.
4. The amount of each bond or cash deposit required by this section shall be fixed by the board with reference to the contractors financial and professional responsibility and the magnitude of his operations, but shall be not less than [$500 or more than $20,000.] $1,000 or more than $50,000. The bond shall be continuous in form and shall be conditioned that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board subsequent to termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 2 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require such licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting such requirement. Notwithstanding the provisions of subsection 4, if a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
κ1975 Statutes of Nevada, Page 1161 (CHAPTER 615, SB 446)κ
the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
Sec. 6. NRS 624.3018 is hereby amended to read as follows:
624.3018 1. Any person who:
(a) Has been denied a license or who has had his license revoked or suspended or who has been denied a renewal of a license; or
(b) Has been a member, officer, director or associate of any partnership, corporation, firm or association whose application for a license has been denied, or whose license has been revoked or suspended or which has been denied a renewal of a license, and while acting as such member, officer, director or associate had knowledge of or participated in any of the prohibited acts for which the license or the renewal thereof was denied, suspended or revoked,
[shall] may be prohibited from serving as an officer, director, associate or partner of a licensee.
2. The performance by any partnership, corporation, firm or association of any act or omission constituting a cause for disciplinary action likewise constitutes a cause for disciplinary action against any licensee who is a member, officer, director or associate of such partnership, corporation, firm or association, and who participated in such prohibited act or omission.
Sec. 7. NRS 624.360 is hereby amended to read as follows:
624.360 1. Any person violating any of the provisions of this chapter [shall be punished by a fine of not more than $500.] is guilty of a misdemeanor and upon conviction shall be fined not less than $50.
2. Imposition of the penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
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Senate Bill No. 496Senator Dodge
CHAPTER 616
AN ACT relating to motor vehicle carriers; clarifying penalties for certain violations; requiring the public service commission to adopt regulations regulating certain economic relations between motor carriers engaged in intrastate commerce; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.166 is hereby amended to read as follows:
706.166 The commission shall:
1. Supervise and regulate every common and contract motor carrier and broker in this state in all matters affecting the relationship between such carriers and brokers and the traveling and shipping public over and along the highways.
κ1975 Statutes of Nevada, Page 1162 (CHAPTER 616, SB 496)κ
2. Regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways.
3. To implement the policies and objectives expressed in paragraph (c) of subsection 1 of NRS 706.151, adopt regulations providing for agreements between two or more motor carriers relating to:
(a) Fares;
(b) Rates;
(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) Charges, including charges between carriers and compensation paid or received for the use of facilities and equipment.
Such regulations may not provide for collective agreements which preclude the unrestrained right of any party to take free and independent action.
Sec. 2. NRS 706.771 is hereby amended to read as follows:
706.771 1. Any common or contract motor carrier or broker, or [which:
1. Violates any provision of law for which a penalty has not been provided; or
2. Fails or refuses to obey any lawful requirement or order made by the commission, department or any court,
for every such violation, failure or refusal shall be subject to the penalty prescribed in NRS 706.761.] any agent or employee thereof, who violates any provision of this chapter, any regulation of the commission or any lawful tariff on file with the commission or who fails, neglects or refuses to obey any commission order or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $500 per day, but not more than $10,000 for any related series of offenses. The penalty shall be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.
2. A penalty recovered pursuant to this section is not a cost of service for purposes of ratemaking.
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Senate Bill No. 382Senator Walker
CHAPTER 617
AN ACT relating to medical laboratories; establishing an inactive status for certain licenses; creating the medical laboratory certification and improvement fund; requiring medical laboratory license fees be deposited for credit to the fund; establishing procedures for disbursements from the fund; making the fund non-reversionary; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 652.080 is hereby amended to read as follows:
652.080 1. Except as provided in NRS 652.235, no person, corporation, partnership or other form of business entity may operate, conduct, issue a report from or maintain a medical laboratory without first obtaining a license to do so issued by the board pursuant to the provisions of this chapter.
κ1975 Statutes of Nevada, Page 1163 (CHAPTER 617, SB 382)κ
obtaining a license to do so issued by the board pursuant to the provisions of this chapter.
2. Such license shall be valid for 12 months and shall be renewable annually on or before the date of its expiration.
3. No license may be issued to a laboratory which does not have a laboratory director.
4. A license may be placed in an inactive status upon the approval of the board and the payment of current fees.
Sec. 2. NRS 652.100 is hereby amended to read as follows:
652.100 1. All applications for a license or renewal thereof shall be accompanied by a reasonable fee [, which shall be] in an amount prescribed by the board.
2. All fees shall be paid to the board and shall be deposited by the board with the state treasurer to the credit of the medical laboratory certification and improvement fund hereby created.
3. Payments from the fund shall be made for per diem and travel expenses authorized by NRS 652.170, and for expenses of administration of this chapter.
4. Claims against the fund shall be made by the board, and paid as other claims against the state are paid.
5. Balances in the medical laboratory certification and improvement fund shall not revert to the general fund at the end of the fiscal year but shall continue in the medical laboratory certification and improvement fund from year to year.
Sec. 3. NRS 652.155 is hereby amended to read as follows:
652.155 Notwithstanding the provisions of NRS 652.130 and 652.150, and without requiring any examination or any other qualification than is provided in this section, the board shall, upon application and the payment of any appropriate fee prior to January 1, 1972:
1. Issue a directors license to any person who operated a laboratory in this state for at least 3 years immediately preceding January 1, 1967;
2. Issue a medical laboratory technologists certificate to any person who was a medical laboratory technologist in this state for at least 1 year immediately preceding January 1, 1967; and
3. Issue a license to, and include in the registration list of laboratories meeting the minimum standards and qualifications of this chapter, any laboratory which was in operation in this state on January 1, 1967, which has a director meeting the qualifications provided in subsection 1.
4. Keep on inactive status any licensee under this section who notifies the board that he desires such status and pays the current fees.
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κ1975 Statutes of Nevada, Page 1164κ
Assembly Bill No. 603Committee on Judiciary
CHAPTER 618
AN ACT relating to professional engineers; prohibiting professional engineers employed by the state or a county, city or district from engaging in the private practice of professional engineering during regular working days of his public employment; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.570 is hereby amended to read as follows:
625.570 Any employee or official who is employed on a full-time basis by the state, or a county, city or district thereof, who is paid a monthly or annual salary for his employment and whose public duty includes the practice of professional engineering or the practice of land surveying as defined in this chapter shall not engage in [private surveying practice on regular working days] the private practice of professional engineering or the private practice of land surveying during the hours when he is required to perform his duties for the state, county, city or district.
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Assembly Bill No. 320Assemblymen Brookman, Murphy, Bremner, Barengo, Mann, Price, Bennett, Craddock, Dreyer, Sena, Jeffrey, Coulter, Schofield, Harmon, Heaney, Hayes, Vergiels, Wagner, Robinson, Weise, Polish, Chaney, Getto, Wittenberg, Demers, Ford, Benkovich, Dini, May and Moody
CHAPTER 619
AN ACT relating to toilets in publicly owned buildings; prohibiting the charge of a fee or other exaction for use thereof.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The State of Nevada, or any agency or political subdivision of the state is hereby prohibited from charging or allowing to be charged any fee or exaction of any type for the use of any toilet within a restroom or lavatory in any building owned or operated by such entity.
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κ1975 Statutes of Nevada, Page 1165κ
Assembly Bill No. 601Committee on Judiciary
CHAPTER 620
AN ACT relating to professional surveyors; prohibiting a registered land surveyor from identifying any document as his work if he did not prepare it or have responsible charge of the work; providing a penalty; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.330 is hereby amended to read as follows:
625.330 1. A registered land surveyor may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection therewith.
2. Every map, plat, report, description or other document issued by a registered land surveyor shall be signed by him, endorsed with his certificate number, and stamped with his seal or rubber stamp, whenever such map, plat, report, description or other document is filed as a public record, filed with any public authority, or delivered as a formal or final document.
3. It is unlawful for a registered land surveyor to sign, stamp or seal any map, plat, report, description or other document relating to land surveying which was not prepared by him or for which he did not have the responsible charge of the work.
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Assembly Bill No. 578Committee on Government Affairs
CHAPTER 621
AN ACT relating to the state personnel system; limiting the application of veterans preference points and requiring oral examinations to be recorded.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.210 is hereby amended to read as follows:
284.210 1. All competitive examinations for positions in the classified service shall:
[1.] (a) Relate to those matters which will fairly test the capacity and fitness of the persons examined to discharge efficiently the duties of the class in which employment is sought.
[2.] (b) Be open to all applicants who meet the reasonable standards or requirements fixed by the chief with regard to experience, character, age, education, physical condition and such other factors as may be held to relate to the ability of the applicants to perform the duties of the position with reasonable efficiency.
κ1975 Statutes of Nevada, Page 1166 (CHAPTER 621, AB 578)κ
2. An oral examination given pursuant to this section shall be recorded and maintained by the personnel division for at least 30 days after the date of the examination and shall be available to interested persons.
Sec. 2. NRS 284.260 is hereby amended to read as follows:
284.260 1. In establishing the lists of eligible persons, certain preferences shall be allowed for veterans not dishonorably discharged from the Armed Forces of the United States. For disabled veterans, 10 points shall be added to the passing grade achieved on the examination. For ex-servicemen and women who have not suffered disabilities, and for the widows of veterans, 5 points shall be added to the passing grade achieved on the examination.
2. Any person qualifying for preference points pursuant to subsection 1, is entitled to have such points applied to any open competitive examination in the classified service, but only to one promotional examination.
________
Senate Bill No. 411Committee on Government Affairs
CHAPTER 622
AN ACT relating to the recall of public officers; requiring that a notice of intent be filed when petition for recall is initiated; establishing an expiration date; modifying and clarifying recall procedures; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 306 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever a petition for the purpose of recalling any public officer is to be circulated, the persons proposing to circulate the petition shall file a notice of intent with the officer with whom the petition for nomination to such office is required by law to be filed.
2. The notice of intent shall be:
(a) Signed by three registered voters who actually voted in the state or in the county, district or municipality electing such officer at the last preceding general election.
(b) Verified before an officer authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Valid for a period of 60 days.
3. The petition for the purpose of recalling any public officer expires if it is not filed with the proper officer on or before the expiration of the notice of intent. Copies of an expired petition are not valid for any subsequent petition.
Sec. 2. NRS 306.020 is hereby amended to read as follows:
306.020 1. For the purpose of recalling any public officer, there may be filed with the officer with whom the petition for nomination to such office is required by law to be filed a petition signed by a number of registered voters not less than 25 percent of the number who actually voted in the [state, or in the county, district or municipality electing such officer at the last preceding general election.]
κ1975 Statutes of Nevada, Page 1167 (CHAPTER 622, SB 411)κ
registered voters not less than 25 percent of the number who actually voted in the [state, or in the county, district or municipality electing such officer at the last preceding general election.] election by which the officer sought to be recalled was elected to his office.
2. The petition shall: [also contain]
(a) Contain the residence addresses of the signers [, shall set] and the date that the petition was signed;
(b) Set forth in not to exceed 200 words the reason why the recall is demanded; [, and shall contain]
(c) Contain a statement of the minimum number of signatures necessary to the validity of the petition; [.]
(d) Include the date that a notice of intent was filed; and
(e) Have the designation: Signatures of registered voters seeking the recall of ......................................(name of public officer for whom recall is sought) on each page if the petition contains more than one page.
Sec. 3. NRS 306.030 is hereby amended to read as follows:
306.030 1. The petition [shall] may consist of any number of copies [thereof,] which are identical in form with the original, except for the signatures and residence addresses of the signers. The signature pages of the petition and of any copy shall be consecutively numbered.
2. Every copy shall be verified by at least one of the signers thereof, who shall swear or affirm, before an officer authorized by law to administer oaths, that the statements and signatures contained in the petition are true. The verification shall also contain a statement of the number of signatures being verified by the signer.
________
Assembly Bill No. 617Committee on Government Affairs
CHAPTER 623
AN ACT relating to contractors; exempting owners of property building or improving structures not intended for sale from requirements concerning contractors; permitting an owner to build or improve structures on his own property; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 624.330 is hereby amended to read as follows:
624.330 This chapter does not apply to:
1. Work done exclusively by an authorized representative of the United States Government, the State of Nevada, or any incorporated town, city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
2. Officers of a court when they are acting within the scope of their office.
κ1975 Statutes of Nevada, Page 1168 (CHAPTER 623, AB 617)κ
3. Work done exclusively by public utilities operating under the regulations of the public service commission on construction, maintenance and development work incidental to their own business.
4. Owners of property building or improving residential structures thereon for the occupancy of such owner and not intended for sale.
5. The sale or installation of any finished products, materials or articles of merchandise which are not actually fabricated into and do not become a permanent fixed part of the structure.
6. Any construction, alteration, improvement or repair of personal property.
7. Any construction, alteration, improvement or repair financed in whole or in part by the Federal Government and carried on within the limits and boundaries of any site or reservation, the title of which rests in the Federal Government.
8. Owners of property, the primary use of which is as an agricultural or farming enterprise, building or improving structures thereon for the use or occupancy of the owner and not intended for sale or lease.
9. An owner of property who builds or improves structures upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for such building or improvement, if such owner is and remains financially responsible for the building or improving of all buildings and structures built by such owner upon his property pursuant to the exemption of this subsection.
________
Assembly Bill No. 541Assemblymen Wittenberg, Bremner, Dreyer, Moody, Christensen, Demers, Mann, Weise, Coulter and Schofield
CHAPTER 624
AN ACT relating to professional engineers and surveyors; restricting the use of an engineers seal; changing the qualifications for applicants for a certificate to practice land surveying; providing a penalty; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 625.230 is hereby amended to read as follows:
625.230 1. Each registrant shall, upon registration, obtain a seal of the design authorized by the board, bearing the registrants name and the legend Registered Professional Engineer (followed by the branch or branches for which he is qualified).
2. Plans, specifications, plats and reports issued by a registrant shall be stamped with the seal when filed with public authorities, during the life of the registrants certificate, but it [shall be] is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named thereon has expired or has been revoked, unless the certificate [shall have] has been renewed or reissued.
κ1975 Statutes of Nevada, Page 1169 (CHAPTER 624, AB 541)κ
3. A rubber stamp which produces in ink the same design and information required under subsection 1 may be used in lieu of the prescribed seal.
4. It is unlawful for a registrant to sign, stamp or seal any plans, specifications, plats or reports which were not prepared by him or for which he did not have responsible charge of the work.
Sec. 2. NRS 625.270 is hereby amended to read as follows:
625.270 1. No person may be granted a certificate of registration to practice land surveying in this state unless:
[1. He has graduated from an accredited engineering or surveying curriculum of 4 years or more, which is approved by the board; and
2. He has had, subsequent to graduation, 2 years of land surveying experience of a character satisfactory to the board; and
3. He has attained a passing grade on the written examination described in NRS 625.280; or
4.] (a) He has completed 6 years of land surveying experience of a character satisfactory to the board; and
[5.] (b) He has attained a passing grade on the written examination described in NRS 625.280.
2. The satisfactory completion of each year of approved courses in engineering or surveying in a school or college approved by the board is equivalent to 1 year of active experience, but an applicant shall not receive credit for more than 4 years of active experience because of educational qualifications.
________
Senate Bill No. 582Committee on Judiciary
CHAPTER 625
AN ACT relating to trespass; extending the statutory trespass provisions to include fenced property; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 207.200 is hereby amended to read as follows:
207.200 1. Every person who [shall go] goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act, or [shall] willfully [go or remain] goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass, [shall be] is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 3.
2. Every owner or other occupant of any land [shall be] is deemed to have given a sufficient warning against trespassing, within the meaning of this section, who: [shall post]
(a) Posts in a conspicuous manner on each side thereof, upon or near the boundary, at intervals of not more than 700 feet, signs, legibly printed or painted in the English language, warning persons not to trespass [.]
κ1975 Statutes of Nevada, Page 1170 (CHAPTER 625, SB 582)κ
or painted in the English language, warning persons not to trespass [.] ; or
(b) Fences the area.
3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
4. An entryman on land under the laws of the United States [shall be] is an owner within the meaning of this section.
5. As used in this section, fence means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.
________
Assembly Bill No. 454Assemblymen Dreyer, Ford, Wagner, Benkovich, Coulter, Murphy, Getto, Howard, Weise, Dini, Mello, Schofield, Lowman, Jeffrey, Heaney, Wittenberg and Brookman
CHAPTER 626
AN ACT relating to the state legislature; requiring lobbyists to register with the secretary of state; requiring lobbyists to file a registration statement and periodic disclosure statements with the secretary of state; requiring the secretary of state to handle all reports and filings and make investigations under certain conditions; providing for injunctions and penalties; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 28, inclusive, of this act.
Sec. 2. Sections 2 to 28, inclusive, of this act may be cited as the Nevada Lobbying Disclosure Act.
Sec. 3. The legislature declares that the operation of responsible representative government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to individual members of the legislature and to committees of the legislature their opinions on legislation.
Sec. 4. As used in sections 2 to 28, inclusive, of this act, the terms defined in sections 5 to 11, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Expenditure means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge or subscription of money or anything of value, including cost of entertainment, except the payment of a membership fee otherwise exempted pursuant to section 16 of this act and any contract, agreement, promise or other obligation, whether or not legally enforcible, to make any expenditure while the legislature is in session.
κ1975 Statutes of Nevada, Page 1171 (CHAPTER 626, AB 454)κ
Sec. 6. 1. Gift means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received.
2. Gift does not include a political contribution of money or services related to a political campaign, a commercially reasonable loan made in the ordinary course of business, cost of entertainment or anything of value received from a member of the recipients immediate family or from a relative of the recipient or his spouse within the third degree of consanguinity or from the spouse of any such relative.
Sec. 7. Legislative action means introduction, sponsorship, debate, voting and any other official action on any bill, resolution, amendment, nomination, appointment, report and any other matter pending or proposed in a legislative committee or in either house of the legislature, or on any matter which may be the subject of action by the legislature.
Sec. 8. 1. Lobbyist means, except as limited by subsection 2, an individual who appears in person in the legislative building and communicates directly with a member of the legislative branch on behalf of someone other than himself to influence legislative action whether or not any compensation is received for the communication.
2. Lobbyist does not include:
(a) Persons who confine their activities to formal appearances before legislative committees and who clearly identify themselves and the interest or interests for whom they are testifying.
(b) Employees of a bona fide news medium who meet the definition of lobbyist only in the course of their professional duties.
(c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation related to their departments, divisions or agencies.
(d) Employees of the legislature, legislators, legislative agencies or legislative commissions.
Sec. 9. (Deleted by amendment.)
Sec. 10. Official member of the legislative branch means any member of the legislature, staff person, assistant, employee or other person employed with reference to the legislative duties of the legislator.
Sec. 11. Person means a natural person or group of persons acting in concert.
Sec. 12. Every person who acts as a lobbyist shall, not later than 2 days after the beginning of such activity, file a registration statement in such form as the secretary of state shall prescribe.
Sec. 13. The registration statement of a lobbyist shall contain the following information:
1. The registrants full name, permanent address, place of business and temporary address while lobbying.
2. The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appeals. If the person is other than a natural person, there shall be included a listing of the officers and board of directors.
3. A listing of any direct business associations or partnerships with any current member of the legislature.
κ1975 Statutes of Nevada, Page 1172 (CHAPTER 626, AB 454)κ
4. A description of the general areas of interest on which the registrant expects to lobby.
5. If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.
6. A sworn declaration that none of the registrants compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.
Sec. 14. Each person required to register shall file a notice of termination within 30 days after he ceases the activity that required his registration, but this does not relieve him of the reporting requirement for that reporting period.
Sec. 15. Each person required to register shall file a supplementary registration statement with the secretary of state no later than 5 days after any change in the registrants last registration statement. The supplementary registration statement shall include complete details concerning the changes that have occurred.
Sec. 16. Each registrant shall file with the secretary of state within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning such persons lobbying activities. In addition, each registrant who attempts to influence legislative action shall file with the secretary of state between the 1st and 10th day of the month subsequent to each month that the legislature is in session a report concerning such lobbying activities during the previous month. Each report shall be on a form prescribed by the secretary of state and shall include the total expenditures made by the registrant for directly communicating with a member of the legislative or executive branch to influence legislation, including expenditures made by others on behalf of the registrant for those direct communications if the expenditures were made with the registrants express or implied consent or were ratified by the registrant. Such report shall include a monthly compilation of expenditures in the following categories:
1. Entertainment;
2. Gifts and loans; and
3. Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.
Sec. 17. (Deleted by amendment.)
Sec. 18. The filing of a registration statement or report by a person who is engaged as a lobbyist in direct or personal communication with members of the legislative branch does exempt that lobbyists employer or the person whom such lobbyist or his employer represents from the requirement of filing registration statements and reports.
Sec. 19. The secretary of state shall:
1. Inspect each statement and report filed within 10 days after its filing.
2. Immediately notify the person who has filed:
(a) If the information filed does not conform to law.
(b) If a written complaint has been filed with the secretary of state by any person alleging an irregularity or lack of truth as to the information filed.
κ1975 Statutes of Nevada, Page 1173 (CHAPTER 626, AB 454)κ
3. Notify any person of the filing requirement who the secretary of state has reason to believe has failed to file as required.
Sec. 20. The secretary of state shall:
1. Adopt regulations to carry out the provisions of sections 2 to 28, inclusive, of this act.
2. Prepare and furnish forms for the statements and reports required to be filed.
3. Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports.
4. Accept and file any information voluntarily supplied that exceeds the requirements of sections 2 to 28, inclusive, of this act.
5. Develop a filing, coding and cross-indexing system consistent with the purposes of sections 2 to 28, inclusive, of this act.
6. Make the statements and reports available for public inspection and copying during regular office hours, and make copies available at a charge not to exceed actual cost.
7. Preserve the statements and reports for a period of 5 years from the date of filing.
Sec. 21. The secretary of state may also prepare and publish such reports concerning lobbying activities as he may deem appropriate.
Sec. 22. (Deleted by amendment.)
Sec. 23. The secretary of state shall:
1. Make investigations on his own initiative with respect to any irregularities which he discovers in the statements and reports filed and with respect to the failure of any person to file a required statement or report and shall make an investigation upon the written complaint of any person alleging a violation of any provision of sections 2 to 28, inclusive, of this act.
2. Report suspected violations of law to the attorney general who shall investigate and take any action necessary to carry out the provisions of sections 2 to 28, inclusive, of this act.
Sec. 24. The district courts may issue injunctions to enforce the provisions of sections 2 to 28, inclusive, of this act upon application by the attorney general.
Sec. 25. (Deleted by amendment.)
Sec. 26. 1. Any registrant who files an activity report after the time provided in section 16 of this act shall pay to the secretary of state a fee for late filing of $5 for each day of the first 30 days that it was late and $100 per day thereafter, but the secretary of state may reduce or waive this fee upon a finding of just cause.
2. An activity report with respect to which a late filing fee has been paid by the registrant or waived by the secretary of state shall be deemed timely filed, and the late filing is not a public offense.
Sec. 27. 1. A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:
(a) To any member of the legislative branch in an effort to persuade or influence him in his official actions.
(b) In a registration statement or report concerning lobbying activities filed with the secretary of state.
κ1975 Statutes of Nevada, Page 1174 (CHAPTER 626, AB 454)κ
2. A lobbyist shall not give to a member of the legislative branch or a member of his staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.
3. A member of the legislative branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.
4. A person who employs or utilizes a lobbyist shall not make that lobbyists compensation or reimbursement contingent in any manner upon the outcome of any legislative action.
5. Information copied from registration forms and activity reports filed with the secretary of state or from lists compiled from such forms and reports shall not be sold or utilized by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fundraising affair or for any commercial purpose.
6. A member of the legislative or executive branch shall not receive compensation or reimbursement other than from the state for personally engaging in lobbying.
7. A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition thereto.
Sec. 28. Any person subject to any of the provisions contained in sections 2 to 28, inclusive, of this act who refuses or fails to comply therewith is guilty of a misdemeanor.
Sec. 29. NRS 218.537 and 218.538 are hereby repealed.
________
Assembly Bill No. 142Committee on Environment and Public Resources
CHAPTER 627
AN ACT relating to hunting and fishing licenses, tags and permits; providing for an adjustment of fees; adding new categories requiring permits; deleting certain categories; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses for the term of 1 year [from July 1 to June 30] and limited permits shall be issued at the following prices:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of [$1] $2.50 for an annual fishing or hunting license [.] , or upon the payment of $4 for an annual combination hunting and fishing license.
2. To any citizen of the United States who has attained his 65th birthday and who has been a bona fide resident of the State of Nevada for [20] 10 years, upon the payment of [$1 for an annual hunting or fishing] $2.50 for an annual combination hunting and fishing license.
κ1975 Statutes of Nevada, Page 1175 (CHAPTER 627, AB 142)κ
[Any such person shall be exempt from the payment of the fee for a resident deer tag for a regular season as required by the provisions of NRS 502.250.]
3. Except as provided in subsection 2, to any citizen of the United States who has attained his 16th birthday and who has been a resident of the State of Nevada for 6 months, upon the payment of:
For a fishing license.......................................................................... [$7.50] $10.00
For a [5-day] 10-day permit to fish................................................... [5.00] 7.50
For a 2-day permit to fish.................................................................... [3.00] 5.00
For a hunting license........................................................................... [7.50] 10.00
For a combination hunting and fishing license............................. [14.00] 17.00
For a trapping license.......................................................................... [5.00] 7.50
For a fur dealers license..................................................................... [1.00] 5.00
For an annual master guides license............................................. [50.00] 100.00
For an annual subguides license................................................... [10.00] 50.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).......................................................................... [$15.00] $20.00
For a [5-day] 10-day permit to fish................................................... [5.00] 7.50
For a 2-day permit to fish.................................................................... [3.00] 5.00
[For a special hunting license to hunt deer by bow and arrow (and no other license shall be required)........................................................................ 10.00]
For a hunting license......................................................................... [35.00] 40.00
For an annual trappers license....................................................... [10.00] 35.00
For a fur dealers license................................................................... [25.00] 35.00
For an annual master guides license........................................... [100.00] 200.00
For an annual subguides license................................................... [20.00] 100.00
6. To any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground........................................... [$2.00] $5.00
For a commercial or private shooting preserve............................. [25.00] 35.00
For a commercial breeding ground.................................................. [25.00] 35.00
For a commercial fish hatchery........................................................ [10.00] 35.00
For a private noncommercial fish hatchery............................................... 5.00
For a trained animal act license................................................................... 10.00 [For a fur dealers agents license......................................... $10.00]
κ1975 Statutes of Nevada, Page 1176 (CHAPTER 627, AB 142)κ
[For a fur dealers agents license............................................................... $10.00]
For a live bait dealers permit......................................................... [$25.00] 50.00
For a competitive field trials permit................................................... [1.00] 5.00
For a falconry license........................................................................ [10.00] 15.00
For an importation permit.......................................................................... 2.00
For an import eligibility permit................................................................. 25.00
For a tropical fish dealers permit............................................................ 25.00
For a live bait seining and transporting permit..................................... 2.00
Sec. 2. NRS 502.250 is hereby amended to read as follows:
502.250 1. The following fees shall be in effect:
Resident deer tag for regular season.......................................................... $5.00
Nonresident and alien deer tag for regular season.................................. 50.00
[Resident deer tag for hunting deer by bow and arrow........................... 5.00]
Nonresident and alien deer tag for hunting deer by bow and arrow [$30.00] 10.00
Resident antelope tag....................................................................... [15.00] 25.00
Resident elk tag.................................................................................. [15.00] 25.00
Resident bighorn tag......................................................................... [25.00] 50.00
Resident mountain lion tag................................................................ [5.00] 10.00
Nonresident bighorn tag................................................................ [125.00] 250.00
Nonresident mountain lion tag........................................................ [50.00] 100.00
2. Other resident big game tags for special seasons shall not exceed [$25.] $50. Other nonresident big game tags for special seasons shall not exceed [$125.] $250.
3. Tags determined to be necessary by the commission for other species under NRS 502.130, shall not exceed [$2.] $10.
4. A fee not to exceed $2 may be charged for processing an application for tags for special seasons.
Sec. 3. NRS 505.020 is hereby repealed.
________
Assembly Bill No. 552Assemblymen Hickey, Vergiels, Price, Bennett and Chaney
CHAPTER 628
AN ACT relating to hunting and fishing licenses; providing for the issuance of free licenses to disabled veterans; and providing other matters properly relating thereto.
[Approved May 20, 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:
The department shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof of the requisite facts to any actual bona fide resident of the State of Nevada who has incurred a service-connected disability of the kind described in 38 U.S.C.
κ1975 Statutes of Nevada, Page 1177 (CHAPTER 628, AB 552)κ
incurred a service-connected disability of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed, and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.
________
Assembly Bill No. 319Assemblymen Hayes, Mann, Coulter, Christensen, Banner, Benkovich, Price, Vergiels, Murphy, Craddock, Demers, Sena, Polish and Barengo.
CHAPTER 629
AN ACT relating to civil actions; providing for a separate cause of action for a victim of consumer fraud; and providing other matters properly relating thereto.
[Approved May 20, 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. An action may be brought by any person who is a victim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in NRS 119.330;
(b) An act prohibited by NRS 482.351; or
(c) A deceptive trade practice as defined in NRS 598.410.
3. If the claimant is the prevailing party, the court shall award any damages that he has sustained.
4. Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.
________
Assembly Bill No. 797Committee on Government Affairs
CHAPTER 630
AN ACT relating to the division of state lands of the state department of conservation and natural resources; requiring the division to maintain a list of federal lands in this state which are available for exchange and of Nevada residents who desire to exchange their lands for federal lands; requiring the division to assist in the effectuation of such exchanges; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 1178 (CHAPTER 630, AB 797)κ
1. As used in this section, property means unimproved real property in this state owned by a Nevada resident.
2. The division of state lands of the state department of conservation and natural resources shall:
(a) Maintain a current list of:
(1) Federal land in Nevada which an appropriate federal agency indicates to the division is available for exchange; and
(2) Nevada residents who indicate to the division a desire to exchange their property for such federal land.
(b) Assist a property owner in any manner and to the extent appropriate to effectuate an exchange of his property for federal land situated in Nevada where the property owner:
(1) Has filed an exchange proposal with the appropriate federal agency; and
(2) Has submitted a copy of the exchange proposal to the division.
________
Assembly Bill No. 704Committee on Commerce
CHAPTER 631
AN ACT to amend NRS 278.320, relating to the subdivision of land; authorizing the board of county commissioners of any county to exempt parcels of land from the requirements of the statutes regulating the subdivision of land if such parcels are owned by a railroad company or a Nevada nonprofit corporation as immediate successor in title to a railroad company; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.320 is hereby amended to read as follows:
278.320 1. Subdivision means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, separate interests or interests in common, for the purpose of any transfer, development or any proposed transfer or development; unless exempted under subparagraphs (a) or (b).
(a) The term subdivision does not apply to any division of land which creates lots, parcels, sites, units or plots of land, each of which comprise 40 or more acres of land, including roads and roadway easements.
(b) Unless a method of disposition is adopted for the purpose of evading this chapter, the term subdivision does not apply to any division of land:
(1) Which creates lots, parcels, sites, units, or plots of land such that the land area of each of the lots, parcels, sites, units, or plots, when divided by the number of interests in every such lot, parcel, site, unit or plot results in 36 or more acres, exclusive of roads and roadway easements, per interest;
(2) Which is created by order of any court in this state or by operation of law;
κ1975 Statutes of Nevada, Page 1179 (CHAPTER 631, AB 704)κ
(3) Which is created by a lien, mortgage, deed of trust or any other security instrument;
(4) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;
(5) Which creates cemetery lots;
(6) Which creates an interest or interests in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property;
(7) Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons who are related to each other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property, or as tenants in common. Any such interest shall be deemed for purposes of this subsection, as only one interest.
2. For subdivisions containing not more than four lots, parcels, sites, plots or interests, there shall be filed a parcel map pursuant to the provisions of NRS 278.500 to 278.560, inclusive.
3. [In any county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the] The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:
(a) Such land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 of NRS which is an immediate successor in title to a railroad company, and such land was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on such land.
4. Nothing contained herein shall apply to the division of land for agricultural purposes, in parcels of more than 10 acres, not involving any street, road, or highway opening or widening or easements of any kind.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 749Committee on Environment and Public Resources
CHAPTER 632
AN ACT relating to highway beautification; providing greater control over outdoor advertising signs by banning, in nonurban areas; signs beyond the previous 660-foot distance from the right-of-way of certain highways; providing for their removal; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 410 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 1180 (CHAPTER 632, AB 749)κ
Urban area means an urbanized area, or in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place, as designated by the Bureau of the Census of the United States Department of Commerce, having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of Transportation of the United States. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.
Sec. 2. NRS 410.320 is hereby amended to read as follows:
410.320 After the effective date of NRS 410.220 to 410.410, inclusive, no outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, and, outside urban areas no outdoor advertising shall be erected or maintained beyond 660 feet from the nearest edge of the right-of-way of the interstate and primary highway systems which is visible and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems in this state, except the following:
1. Directional, warning, landmark, informational and other official signs and notices, including but not limited to signs and notices pertaining to natural wonders, scenic and historic attractions. Only those signs are permitted which are required or authorized by law or by federal, state or county authority, and which conform to national standards promulgated by the Secretary of Transportation pursuant to 23 U.S.C. § 131.
2. Signs, displays and devices which advertise the sale or lease of the property upon which they are located.
3. Signs, displays and devices which advertise the activity or activities conducted or services rendered or the goods produced or sold upon the property upon which such advertising sign, display or device is erected.
4. Signs, displays and devices located in zoned commercial or industrial areas [.] , when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.
5. Signs, displays and devices located in an unzoned commercial or industrial area as defined in NRS 410.300 [.] , when located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate and primary highway systems within this state.
Sec. 3. NRS 410.340 is hereby amended to read as follows:
410.340 1. Any outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway systems in this state, and, in the case of any outdoor advertising sign, display or device located beyond 660 feet from the nearest edge of the right-of-way for interstate and primary highway systems, which is located outside of urban areas and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems, which was lawfully in existence and maintained on [September 1,] October 22, 1965, and which is not within one of the exceptions set forth in NRS 410.320, shall be removed no later than July 1, 1973, or 3 years from the date funds are available for such removal [.]
κ1975 Statutes of Nevada, Page 1181 (CHAPTER 632, AB 749)κ
22, 1965, and which is not within one of the exceptions set forth in NRS 410.320, shall be removed no later than July 1, 1973, or 3 years from the date funds are available for such removal [.] , except as provided in subsection 3.
2. Any other outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of any highway of the interstate or primary system, and, in the case of any outdoor advertising sign, display or device located beyond 660 feet from the nearest edge of the right-of-way for interstate and primary highway systems, which is located outside of urban areas and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems, and which is not within one of the exceptions set forth in NRS 410.320, shall be removed not later than the end of the fifth year after it becomes nonconforming.
3. Any outdoor advertising sign, display or device located within 660 feet of the nearest edge of the right-of-way and visible from the main-traveled way of the interstate or primary highway system, and, in the case of any outdoor advertising sign, display or device located beyond 660 feet from the nearest edge of the right-of-way for interstate and primary highway systems, which is located outside of urban areas and placed with the purpose of having its message read from the main-traveled way of the interstate and primary highway systems, and which is lawfully maintained on or after the effective date of NRS 410.220 to 410.410, inclusive, but which subsequently becomes nonconforming with the provisions of NRS 410.220 to 410.410, inclusive, by reason of amendment of such provisions or change in regulations or agreements prescribed or entered into as authorized by NRS 410.220 to 410.410, inclusive, may be maintained until the end of the fifth year after it becomes nonconforming.
4. No compensation shall be paid upon removal of any outdoor advertising sign, display or device erected after the effective date of NRS 410.220 to 410.410, inclusive, which as a result thereof become nonconforming. However, such outdoor advertising sign, display or device shall be removed only when all other outdoor advertising signs, displays or devices existing on the effective date of this act have been removed.
Sec. 4. NRS 410.350 is hereby amended to read as follows:
410.350 1. Just compensation shall be paid upon the removal of any outdoor advertising sign, display or device lawfully erected and maintained and removed in accordance with the requirements of NRS 410.340.
2. Such compensation shall be paid for the following:
(a) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in and to such sign, display or device; and
(b) The taking from the owner of the real property on which the sign, display or device is located of the right to erect and maintain such existing signs, displays and devices.
3. Such compensation shall be paid by the state from the state highway fund, if a proportionate part of such compensation is reimbursable from federal funds in accordance with 23 U.S.C. § 131.
________
κ1975 Statutes of Nevada, Page 1182κ
Assembly Bill No. 475Committee on Commerce
CHAPTER 633
AN ACT relating to the Unemployment Compensation Law; changing council name to rural manpower services advisory council; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 612.315 is hereby amended to read as follows:
612.315 1. [To] To advise and to assist the employment security department in accomplishing the objective of providing an effective [farm] job placement service and other manpower services to agricultural workers, other rural residents and employers and [the continuing needs of industry,] meet the community needs for manpower services the employment security department is committed to maintaining a [state farm labor advisory council.] rural manpower services advisory council.
2. The [state farm labor] rural manpower services advisory council shall consist of five members [who shall include representatives of substantial] , four of whom shall represent different commodity interests [so that the problems peculiar to each commodity group will be considered in state planning and administration.] and different geographical areas, at least one of whom shall represent the ranch and farm workers. The members shall be appointed by the governor for terms of 4 years each.
3. [The members of the state farm labor advisory council shall be paid at the rate of $25 per day of actual service, and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.] The rural manpower services advisory council may request the services of consultants to appear at meetings or conduct research, provided the funds to pay such consultants are made available by the employment security department on approval of the director. Members of the rural manpower services council shall be paid at the rate of $40 per day of actual service and shall receive traveling expenses and subsistence allowances in the amounts specified in NRS 281.160.
4. An annual meeting of the [state farm labor] rural manpower services advisory council shall be held and special meetings may be held at the call of the chairman.
5. The executive director shall be an ex officio member of the [state farm labor] rural manpower services advisory council and shall be secretary thereof.
Sec. 2. NRS 612.320 is hereby amended to read as follows:
612.320 The [state farm labor] rural manpower services advisory council shall act in an advisory capacity to the executive director in formulating policies and discussing problems relating to farm placement and recruitment in the state, to assure an adequate supply of farm workers during harvesting periods and to effect favorable agricultural production.
Sec. 2.5. Section 24 of chapter 241, Statutes of Nevada 1975, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1183κ
Assembly Bill No. 516Committee on Judiciary
CHAPTER 634
AN ACT relating to evidence; authorizing the disposal of certain types of physical evidence after a hearing prior to trial, permitting certain records relating to such evidence to be admitted in evidence in a subsequent trial; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. At any time after property which is alleged to have been stolen or embezzled comes into the custody of a peace officer, the rightful owner thereof may, with the prior approval of the prosecuting attorney, petition the district court in the county where the property is located for the return of such property. The petition shall allege that:
(a) The petitioner is the rightful owner of the property;
(b) The only relevance of such property as evidence in the trial of the person accused of stealing or embezzling such property is for visual identification; and
(c) A photograph of such property, accompanied by a detailed measurement of such property, is sufficient for the visual identification of such property.
2. Upon receiving a petition as provided in subsection 1, the district court shall conduct a hearing to determine the truth of the allegations contained in the petition. The petitioner, the person accused of stealing or embezzling the property and any other witness designated by the petitioner or the defendant may be present with counsel and testify at the hearing.
3. If, after the hearing and after having personally examined and compared the photograph, the measurements and the property, the district court determines that all allegations in the petition are in fact true, the district court shall certify the photograph and measurements and shall order them remanded to the peace officer and the property returned to the petitioner.
4. Any photographs and measurements certified under the provisions of this section are admissable in evidence in lieu of the property which is the subject of such photographs and measurements against a defendant who had an opportunity to appear with counsel and testify in the hearing provided for in subsection 2.
5. Any property subject to the provisions of this section which is not disposed of under the provisions of subsection 3 shall be disposed of as provided in NRS 179.125 to 179.175, inclusive.
Sec. 3. 1. When any substance alleged to be a controlled substance as defined in chapter 453 of NRS is seized from a defendant by a peace officer, the law enforcement agency of which such officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of such substance.
κ1975 Statutes of Nevada, Page 1184 (CHAPTER 634, AB 516)κ
2. Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. Both the prosecuting attorney or his representative and the defendant or his representative shall be allowed to inspect and weigh the substance.
3. If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of such substance. The defendant, his attorney and any other witness the defendant may designate may be present and testify at such hearing.
4. After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of such substance. The district court shall order the remaining sample to be sealed and maintained for analysis prior to trial.
5. If the substance is finally determined not to be a controlled substance, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.
6. The district courts finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.
Sec. 4. NRS 179.125 is hereby amended to read as follows:
179.125 [When] Except as provided in section 2 of this act, when property, alleged to have been stolen or embezzled, shall come into the custody of a peace officer, he shall hold the same subject to the order of the magistrate authorized by NRS 179.135 to direct the disposal thereof.
________
Senate Bill No. 190Committee on Finance
CHAPTER 635
AN ACT increasing annual salaries of state officers and employees in the unclassified service and attorney generals office; making appropriations for such salary increases from the general fund and the state highway fund in the state treasury; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.182 is hereby amended to read as follows:
284.182 The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries not to exceed the approximate maximum amounts set forth following their unclassified grade and specified titles:
κ1975 Statutes of Nevada, Page 1185 (CHAPTER 635, SB 190)κ
Unclassified Approximate
Grade and Title Annual Salary
1. U-55
[Superintendent and medical director, state hospital............. $32,887]
Medical director, Nevada mental health institute.............................. .......................................................................................... $37,000
2. U-53
Administrator, mental hygiene division.................................. [$30,600].......................................................................................... $34,425
[Medical director, Southern Nevada mental health center...... 29,371]
3. U-50
State highway engineer............................................................. [$28,650].......................................................................................... $32,231
Medical director, Las Vegas mental health center............................. ............................................................................................. 33,042
4. U-49
Director, department of [health, welfare and rehabilitation $23,792] human resources......................................................................................................... $28,550
Director, department of conservation and natural resources [23,792]............................................................................................. 27,361
Director, department of administration..................................... [25,550]............................................................................................. 29,383
Commissioner, employee-management relations board......... [24,000]............................................................................................. 22,000
Executive assistant, governors office (two positions) each. [22,477]............................................................................................. 25,849
5. U-48
Administrator, [Colorado River commission $21,500] division of Colorado River resources........................................................... .......................................................................................... $24,725
Chairman, gaming control board................................................ [23,000]............................................................................................. 26,450
Director, department of commerce............................................. [23,000]............................................................................................. 26,450
Superintendent of public instruction........................................ [24,750]............................................................................................. 27,720
6. U-47
Director, general services.......................................................... [$22,395].......................................................................................... $25,754
Executive director, department of agriculture.......................... [22,500]............................................................................................. 25,875
Business manager, highway department.................................. [23,593]............................................................................................. 26,424
Deputy highway engineer (two positions) each..................... [24,952]............................................................................................. 28,695
Warden, state prison................................................................... [20,000]............................................................................................. 26,000
State [planning board manager 22,938] public works board manager ............................................................................................. 26,379
Chairman, public service commission....................................... [22,000]............................................................................................. 27,123
Secretary, tax commission........................................................... [22,000]............................................................................................. 25,300
Executive director, public employees retirement system.................. ............................................................................................. 30,000
State engineer (water resources)........................................................... ............................................................................................. 24,035
Institute director, Nevada mental health institute.............................. ............................................................................................. 28,000
7. U-46
Director, department of motor vehicles................................... [$20,900].......................................................................................... $24,035
Chairman, Nevada industrial commission................................. [20,900]............................................................................................. 25,080
Executive director, employment security department............. [22,000]............................................................................................. 26,400
κ1975 Statutes of Nevada, Page 1186 (CHAPTER 635, SB 190)κ
Unclassified Approximate
Grade and Title Annual Salary
8. U-45
Assistant director, department of conservation and natural resources.......................................................................................... [$19,500].......................................................................................... $22,425
Deputy manager, state [planning] public works board......... [20,854]............................................................................................. 23,982
Member, gaming control board (other than chairman) each.. [21,500]............................................................................................. 24,725
[State engineer (water resources)................................................ 20,900]
Public service commissioners (other than chairman) each.... [20,000]............................................................................................. 24,000
Executive secretary, gaming commission................................. [20,900]............................................................................................. 24,035
Deputy superintendent of public instruction.......................... [22,000]............................................................................................. 25,300
[Administrator, central data processing..................................... 20,300]
Nevada state planning coordinator........................................... [20,854]............................................................................................. 23,982
Public defender............................................................................. [21,000]............................................................................................. 24,150
9. U-44
Nevada industrial commissioners (other than chairman) each [$19,000].......................................................................................... $21,850
Executive director, public service commission.................................... ............................................................................................. 23,681
Public mine inspector............................................................................... ............................................................................................. 20,700
10. U-43
Assistant secretary, tax commission....................................... [$19,680].......................................................................................... $23,616
Director, state department of fish and game............................ [19,000]............................................................................................. 21,850
Commissioner of insurance......................................................... [20,000]............................................................................................. 24,000
Adjutant general........................................................................... [19,000]............................................................................................. 21,850
Associate superintendent of public instruction...................... [20,000]............................................................................................. 23,000
[Executive director, public employees retirement board......... 25,000]
Real estate administrator............................................................. [18,000]............................................................................................. 20,700
Deputy budget administrator..................................................... [18,774]............................................................................................. 23,000
Executive assistant, governors office (one position)............ [17,520]............................................................................................. 20,148
11. U-42
Administrative officer, dairy commission.............................................. .......................................................................................... $22,609
Administrator, [land use planning division $17,664] division of state lands............................................................................................... ............................................................................................. 20,314
[Deputy warden............................................................................. 17,664]
Labor commissioner..................................................................... [17,664]............................................................................................. 20,314
State forester firewarden............................................................. [17,664]............................................................................................. 20,314
Deputy state controller................................................................ [16,500]............................................................................................. 18,150
Administrator, state park system............................................... [18,500]............................................................................................. 21,275
[Chief, purchasing division.......................................................... 18,200]
Manager, computer facility......................................................... [19,400]............................................................................................. 22,310
[Superintendent of the department of state printing................. 19,200
Western states small school coordinator.................................. 17,794]
Commissioner, savings and loan associations........................ [20,000]............................................................................................. 22,000
κ1975 Statutes of Nevada, Page 1187 (CHAPTER 635, SB 190)κ
Unclassified Approximate
Grade and Title Annual Salary
Superintendent of banks........................................................... [$20,000].......................................................................................... $23,000
Chief assistant budget administrator........................................ [16,700]............................................................................................. 18,370
Chief assistant, department of [health, welfare and rehabilitation 19,430] human resources........................................................................... ............................................................................................. 22,345
Chief, consumer affairs division................................................. [16,175]............................................................................................. 18,601
Director, state communications board.................................................. ............................................................................................. 20,000
Executive director, advisory council for career education............... ............................................................................................. 19,070
12. U-41
Deputy, real estate division...................................................... [$16,175].......................................................................................... $17,793
Deputy director, department of motor vehicles....................... [16,900]............................................................................................. 19,435
Superintendent, youth training center...................................... [18,200]............................................................................................. 20,930
Superintendent, girls training center......................................... [18,200]............................................................................................. 20,930
Superintendent, childrens home (two positions)................... [18,200]............................................................................................. 20,930
Director, commission on crime, delinquency and corrections [18,200]............................................................................................. 20,930
Chief parole and probation officer............................................. [18,200]............................................................................................. 20,930
Taxicab administrator................................................................... [18,200]............................................................................................. 20,930
Chairman, manpower planning commission............................. [18,200]............................................................................................. 20,930
13. U-40
Executive secretary, board of finance..................................... [$16,200].......................................................................................... $18,630
[Secretary, Colorado River commission..................................... 17,664]
Deputy administrator, division of Colorado River resources........... ............................................................................................. 19,430
State comprehensive health planner......................................... [16,000]............................................................................................. 17,600
General manager, office of state controller............................... [19,000]............................................................................................. 21,850
14. U-39
Staff counsel, public service commission............................... [$17,300].......................................................................................... $20,760
Director, consumer affairs, public service commission...................... ............................................................................................. 19,000
Director, state museum................................................................ [13,700]............................................................................................. 18,000
Administrator, educational communications commission..... [17,703]............................................................................................. 20,358
Special assistant, Las Vegas (governor)................................... [16,200]............................................................................................. 17,820
Press secretary (governor).......................................................... [17,271]............................................................................................. 19,862
[Deputy] Chief deputy public defender [(70 percent).............. 12,085]............................................................................................. 22,500
Deputy public defender [(1/2 time)............................................... 7,668]............................................................................................. 20,500
15. U-38
Director, department of economic development.................... [$16,200].......................................................................................... $18,630
Secretary, commission on equal rights of citizens.................. [14,900]............................................................................................. 17,135
Executive director, Indian affairs commission.......................... [14,900]............................................................................................. 17,135
Highway safety coordinator....................................................... [16,200]............................................................................................. 18,630
Chief assistant, department of fish and game.......................... [15,500]............................................................................................. 17,050
[Superintendent, buildings and grounds................................... 16,200]
κ1975 Statutes of Nevada, Page 1188 (CHAPTER 635, SB 190)κ
Unclassified Approximate
Grade and Title Annual Salary
Chief deputy commissioner, insurance division.................... [$16,200].......................................................................................... $17,820
Deputy, consumer [affaairs] affairs division............................ [14,600]............................................................................................. 16,790
Chief assistant, department of commerce................................. [14,600]............................................................................................. 16,060
Coordinator, T.V. satellite program...................................................... ............................................................................................. 19,410
Administrator, housing division............................................................. ............................................................................................. 17,957
Deputy mine inspector (two positions) each....................................... ............................................................................................. 15,410
16. U-37
Assistant controller................................................................... [$15,800].......................................................................................... $17,830
Director, civil defense and disaster assistance........................ [16,113]............................................................................................. 18,530
District supervisor, water commissioners, division of water resources............................................................................................ [16,113]............................................................................................. 18,530
Deputy secretary of state, securities......................................... [14,900]............................................................................................. 17,135
Deputy secretary of state............................................................ [14,900]............................................................................................. 17,135
Deputy state treasurer................................................................. [14,900]............................................................................................. 17,135
[Administrator, alcoholism division............................................ 14,638]
Chairman, committee to hire the handicapped................................... ............................................................................................. 17,442
17. U-36
Administrator, division of soil conservation......................... [$13,339].......................................................................................... $15,340
[Training coordinator, crime commission................................... 14,638]
Administrative assistant, adjutant general............................... [12,252]............................................................................................. 14,090
Executive director, council of arts.............................................. [13,339]............................................................................................. 14,673
Chief assistant, Las Vegas insurance division........................ [14,700]............................................................................................. 16,170
18. U-35
Administrative assistant, public service commission (two positions) each................................................................................. [$14,323].......................................................................................... $16,471
Administrative assistant, public service commission (one position) ............................................................................................. 15,755
Deputy labor commissioner (Las Vegas).................................. [11,700]............................................................................................. 13,455
Executive secretary, Nevada athletic commission................... [11,700]............................................................................................. 13,455
Deputy director, department of economic development (Las Vegas)............................................................................................ [11,700]............................................................................................. 13,455
[Deputy superintendent, buildings and grounds (two positions) each............................................................................................. 14,000]
Executive secretary, historical society...................................... [12,732]............................................................................................. 14,642
Deputy, industry, economic development............................... [14,681]............................................................................................. 16,883
Deputy, tourism, economic development................................. [14,681]............................................................................................. 17,500
Director, department of economic opportunity....................... [14,500]............................................................................................. 16,675
Executive director, bicentennial commission........................... [13,200]............................................................................................. 15,180
Secretary, parole [and probation] board................................... [12,732]............................................................................................. 14,642
19. U-34
Commissioner for veteran affairs............................................. [$14,000].......................................................................................... $16,100
[Deputy mine inspector................................................................ 13,400]
Director, brand inspection division........................................... [13,672]............................................................................................. 15,723
20. U-33
Deputy director, department of economic opportunity........ [$12,800].......................................................................................... $14,080
κ1975 Statutes of Nevada, Page 1189 (CHAPTER 635, SB 190)κ
Unclassified Approximate
Grade and Title Annual Salary
Assistant executive secretary, historical society.................... [$9,450].......................................................................................... $10,868
Secretary to governor.................................................................. [10,900]............................................................................................. 12,535
21. U-32
Curator, Lost City museum....................................................... [$10,700].......................................................................................... $12,305
Deputy commissioner, veteran affairs (Las Vegas)................. [12,000]............................................................................................. 13,200
Director, Clear Creek.................................................................... [11,083]............................................................................................. 12,745
Volunteer services director, department of economic opportunity. ............................................................................................. 12,436
22. U-31
Chief assistant, state [planning board. $11,604] public works board .......................................................................................... $13,345
23. U-29
Chief assistant, secretary of state.............................................. [$9,891].......................................................................................... $11,375
Chief assistant, state treasurers office..................................... [10,000]............................................................................................. 11,500
Chief assistant, labor commissioner.......................................... [10,200]............................................................................................. 11,730
[Chief assistant, real estate division............................................ 12,900
Chief assistant, mine inspector...................................................... 9,283]
Chief assistant, Nevada industrial commission......................... [9,670]............................................................................................. 11,121
Deputy, Nevada industrial commission...................................... [9,670]............................................................................................. 11,121
24. U-27
Chief assistant, employment security department.................. [$9,242].......................................................................................... $10,628
Secretary, employment management-relations board............... [9,242]............................................................................................. 10,628
Administrative secretary, governor [(six] (five positions) each [9,242]............................................................................................. 10,628
Administrative secretary, tax commission.................................. [9,242]............................................................................................. 10,166
Administrative secretary, comprehensive statewide planning [9,242]............................................................................................. 10,166
Administrative secretary, governor (one position)............................ ............................................................................................. 10,166
25. U-20
Attendant, Lost City museum.................................................... [$6,923]............................................................................................. $7,961
Approximate
Position Title Annual Salary
26. State gaming control board
(a) Office services division:
Business manager...................................................................... [$17,000].......................................................................................... $19,440
Chief, ER and securities............................................................... [21,392]............................................................................................. 22,800
[Deputy, chief ER and securities.................................................. 18,558
Senior agent ER and securities.................................................... 16,886]
Financial analyst...................................................................................... ............................................................................................. 19,440
Financial analyst...................................................................................... ............................................................................................. 19,440
(b) License and tax division:
Chief, tax and licensing.............................................................. [$16,200].......................................................................................... $22,800
Deputy, chief tax and license...................................................... [15,300]............................................................................................. 17,595
[Agent I,] Senior agent, tax and license................................... [13,600]............................................................................................. 15,640
κ1975 Statutes of Nevada, Page 1190 (CHAPTER 635, SB 190)κ
Approximate
Position Title Annual Salary
(c) Investigations division:
Chief, investigations.................................................................. [$19,000].......................................................................................... $22,800
Deputy chief, investigations (two positions) each................. [16,113]............................................................................................. 18,530
Coordinator, applicant services................................................. [16,886]............................................................................................. 19,440
Senior agent, investigations....................................................... [15,336]............................................................................................. 17,636
Agent II, investigations.............................................................. [14,681]............................................................................................. 16,883
Agent I, investigations................................................................ [14,014]............................................................................................. 16,116
(d) Enforcement division:
Chief, enforcement..................................................................... [$19,000].......................................................................................... $22,800
Deputy chief, enforcement (two positions) each.................... [16,200]............................................................................................. 18,630
Senior agent, enforcement.......................................................... [15,336]............................................................................................. 17,636
Agent II, enforcement.................................................................. [14,400]............................................................................................. 16,560
Agent I, enforcement................................................................... [14,014]............................................................................................. 16,116
(e) Audit division:
Chief, audit.................................................................................. [$19,000].......................................................................................... $22,800
Deputy chief, audit (two positions) each................................ [16,200]............................................................................................. 18,630
Senior agent, audit....................................................................... [15,336]............................................................................................. 17,636
Agent II, audit............................................................................... [14,681]............................................................................................. 16,883
Agent I, audit................................................................................ [14,014]............................................................................................. 16,116
Electronic specialist................................................................................. ............................................................................................. 21,000
Intelligence specialist.............................................................................. ............................................................................................. 18,403
27. Attorney general
[(a) Central office:
Chief deputy attorney general.................................................... $21,500
Deputy attorneys general (6 in number) each............................ 17,300
Deputy, criminal division............................................................... 17,700
Chief investigator............................................................................ 14,400
Administrative assistant................................................................ 14,400
Investigator, criminal division....................................................... 14,400
(b) Deputy attorneys general:
Chief criminal deputy.................................................................... $19,807
Chief counsel, board of regents, University of Nevada............ 20,402
Deputy, Las Vegas.......................................................................... 20,402
Deputy, public service commission of Nevada.......................... 19,000
Deputy, Nevada gaming commission.......................................... 20,402
Deputy, Nevada gaming commission.......................................... 18,015
Deputy, office of director, department of health, welfare and rehabilitation....................................................................... 17,664
Deputy, state department of conservation and natural resources 18,600
Deputy, department of commerce (two positions)..................... 17,664
Deputy, department of motor vehicles........................................ 17,664
Deputy, Nevada tax commission.................................................. 17,664
Deputy, welfare division, department of health, welfare and rehabilitation....................................................................... 20,402
κ1975 Statutes of Nevada, Page 1191 (CHAPTER 635, SB 190)κ
Approximate
Position Title Annual Salary
Deputy, welfare division, department of health, welfare and rehabilitation..................................................................... $19,100
Deputy, welfare division, department of health, welfare and rehabilitation (three positions) each............................... 17,664
Deputy, education and water resources...................................... 17,596
(c) Department of highways:
Chief counsel................................................................................. $20,500
Assistant chief counsel................................................................. 18,700
Deputies (two positions) each...................................................... 17,300
Deputies (three positions) each.................................................... 17,300
Deputies (three positions) each.................................................... 17,300
Legal research assistants (three positions) each...................... 12,107]
(a) Central office:
Chief deputy attorney general................................................................ .......................................................................................... $28,500
Chief deputy, Las Vegas........................................................................... ............................................................................................. 28,500
Deputy IV-Criminal................................................................................... ............................................................................................. 25,778
Deputy III (three positions) each........................................................... ............................................................................................. 22,895
Deputy III (one and 1/2 positions) each............................................... ............................................................................................. 21,600
Deputy III-Criminal................................................................................... ............................................................................................. 21,600
Deputy II-Las Vegas.................................................................................. ............................................................................................. 21,600
Deputy II-Carson City.............................................................................. ............................................................................................. 20,600
Chief investigator...................................................................................... ............................................................................................. 16,623
Investigator (two positions) each.......................................................... ............................................................................................. 16,623
Administrative assistant........................................................................... ............................................................................................. 16,500
(b) Deputy attorneys general:
Deputy IV-Nevada gaming commission................................................ .......................................................................................... $27,000
Deputy III-Nevada gaming commission................................................ ............................................................................................. 23,700
Deputy III-public service commission.................................................... ............................................................................................. 23,700
Deputy II-Mental hygiene and mental retardation............................. ............................................................................................. 20,600
Deputy II-real estate division.................................................................. ............................................................................................. 20,600
Deputy IV-department of human resources.......................................... ............................................................................................. 23,313
Deputy III-welfare division...................................................................... ............................................................................................. 23,700
Deputy III-welfare division...................................................................... ............................................................................................. 24,900
Deputy II-welfare division....................................................................... ............................................................................................. 21,600
Deputy II-welfare division....................................................................... ............................................................................................. 20,600
Deputy IV-department of commerce....................................................... ............................................................................................. 23,313
Deputy II-department of commerce........................................................ ............................................................................................. 21,600
Deputy III-department of conservation and natural resources........ ............................................................................................. 24,390
Deputy III-division of water resources (1/2 position)........................ ............................................................................................. 10,800
Deputy III-division of Colorado River resources (1/2 position)...... ............................................................................................. 12,450
Deputy III-Taxicab authority.................................................................. ............................................................................................. 23,313
Deputy III-Bureau of environmental health......................................... ............................................................................................. 22,600
Deputy III-department of motor vehicles............................................... ............................................................................................. 23,313
Deputy III-Nevada tax commission........................................................ ............................................................................................. 23,313
κ1975 Statutes of Nevada, Page 1192 (CHAPTER 635, SB 190)κ
Approximate
Position Title Annual Salary
Deputy II-Nevada state prison (1/2 position)...................................... .......................................................................................... $10,300
Deputy II-Parole and probation (1/2 position).................................. ............................................................................................. 10,300
Deputy III-Departments of administration and general services..... ............................................................................................. 22,600
Deputy III-Equal rights commission (1/2 position)............................ ............................................................................................. 12,450
(c) Department of highways:
Deputy IV.................................................................................................... .......................................................................................... $26,100
Deputy III.................................................................................................... ............................................................................................. 24,505
Deputy III.................................................................................................... ............................................................................................. 22,895
Deputy III.................................................................................................... ............................................................................................. 22,600
Deputy II (three positions) each............................................................. ............................................................................................. 18,600
Deputy I (two positions) each................................................................. ............................................................................................. 16,600
Legal research assistants (three positions) each................................ ............................................................................................. 13,000
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1975, to June 30, 1975, the sum of $402,136 to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 57th session of the legislature and the salary requirements of unclassified personnel of such departments, commissions and agencies approved by the 58th session of the legislature, to become effective on January 1, 1975.
2. The state board of examiners, upon recommendation of the director of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 58th session of the legislature.
Sec. 3. 1. There is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1976, to June 30, 1976, the sum of $91,989 and for the fiscal period from July 1, 1976, to June 30, 1977, the sum of $183,980 to the state board of examiners for the purpose of providing a maximum 4-percent salary adjustment for unclassified employees based on the movement of the National Consumer Price Index, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.
2. The state board of examiners, upon recommendation of the director of the department of administration, is authorized to allocate and disburse to various departments, commissions and agencies the amounts necessary to effect salary increases approved for the unclassified service by the 58th session of the legislature.
Sec. 4. 1. There is hereby appropriated from the state highway fund for the fiscal period January 1, 1975, to June 30, 1975, the sum of $44,319 to the state board of examiners for the purpose of meeting any deficiencies which may exist between appropriated funds for salaries for unclassified employees in the department of motor vehicles and appropriate employees of the attorney generals office and the public service commission of Nevada as fixed by the 57th session of the legislature and the requirements of unclassified personnel of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada necessary to effect salary increases for unclassified employees as approved by the 58th session of the legislature, to become effective January 1, 1975.
κ1975 Statutes of Nevada, Page 1193 (CHAPTER 635, SB 190)κ
deficiencies which may exist between appropriated funds for salaries for unclassified employees in the department of motor vehicles and appropriate employees of the attorney generals office and the public service commission of Nevada as fixed by the 57th session of the legislature and the requirements of unclassified personnel of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada necessary to effect salary increases for unclassified employees as approved by the 58th session of the legislature, to become effective January 1, 1975.
2. The state board of examiners, upon recommendation of the director of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the attorney generals office and the public service commission of Nevada out of funds appropriated by subsection 1 such sums of money as from time to time may be required, which when added to funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of unclassified employees of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada required as a result of salary recommendations approved by the 58th session of the legislature.
Sec. 5. 1. There is hereby appropriated from the state highway fund for the fiscal period January 1, 1976, to June 30, 1976, the sum of $8,436 and for the fiscal period July 1, 1976, to June 30, 1977, the sum of $16,861 to the state board of examiners for the purpose of providing a maximum 4-percent salary adjustment for unclassified employees in the department of motor vehicles and appropriate employees of the attorney generals office and the public service commission of Nevada, based on the movement of the National Consumer Price Index, to take effect January 1, 1976, and to be effective through June 30, 1977. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1974 through September 1975, not to exceed 4 percent.
2. The state board of examiners, upon recommendation of the director of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the attorney generals office and the public service commission of Nevada out of funds appropriated by subsection 1 such sums of money as from time to time may be required which when added to funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of unclassified employees of the department of motor vehicles and appropriate unclassified employees of the attorney generals office and the public service commission of Nevada required as a result of salary recommendations approved by the 58th session of the legislature.
Sec. 6. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1975.
________
κ1975 Statutes of Nevada, Page 1194κ
Senate Bill No. 552Senators Gibson, Brown, Lamb, Walker, Close, Schofield, Bryan, Hilbrecht, Echols, Herr, Neal and Blakemore
CHAPTER 636
AN ACT appropriating the sum of $370,000 from the state general fund for the purpose of designing, constructing, inspecting, equipping and furnishing a solar energy research laboratory in Clark County, Nevada, as an additional facility of the desert research institute of the University of Nevada; specifying the powers, duties and requirements of the state public works board and the board of regents of the University of Nevada; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the support of the state public works board in carrying out the design, construction, inspection, equipping and furnishing of a solar energy research laboratory in Clark County, Nevada, as a facility of the desert research institute of the University of Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $370,000.
Sec. 2. The state public works board is hereby charged with the duty of carrying out the provisions of this act relating to design, construction, inspection, equipping and furnishings provided for in this act.
Sec. 3. The board of regents of the University of Nevada and the state public works board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part of the design, construction, equipment and furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 4. The state public works board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state public works board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of qualified contractors desiring to bid thereon and for other interested persons. The state public works board, at its discretion, may accept bids on either the whole or on a part or parts of the design, construction, equipment or furnishings, and may let a contract for the whole thereof, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest qualified bidder thereon; but any bids may be rejected for any good reason.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1195κ
Senate Bill No. 571Senators Herr, Blakemore, Schofield, Hilbrecht, Wilson, Lamb, Sheerin, Walker, Echols, Raggio, Bryan and Gojack
CHAPTER 637
AN ACT relating to occupational diseases; including certain law enforcement officers within the category of persons who may obtain occupational disease compensation for diseases of the lungs; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 617.455 is hereby amended to read as follows:
617.455 1. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent total disability or death, [shall be considered] are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes [or gases,] tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:
(a) Employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; [or]
(b) Acting as a volunteer fireman entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 [.] ; or
(c) Employed in a full-time salaried occupation as a sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the convict population and subjects the employee to recall in emergency situations.
2. It shall be presumed that a disease of the lungs has arisen out of and in the course of the employment of any fireman [enumerated in paragraphs (a) and (b) of subsection 1 who underwent a medical examination which was evidenced by an X-ray picture of the lungs and a written report of the medical examiner within 12 months prior to the date of the filing of a claim for compensation, when] or law enforcement officer described in this section if, during the 12 months prior to the date of the filing of a claim for compensation, such fireman or law enforcement officer underwent a medical examination which was evidenced by an X-ray picture of the lungs and a written report of the medical examiner and such medical examination failed to reveal any evidence of such disease.
________
κ1975 Statutes of Nevada, Page 1196κ
Assembly Bill No. 592Assemblymen Price, Demers, Vergiels, Benkovich, Bennett, Bremner, Chaney, Hickey Howard, Jeffrey, Murphy, Sena and Christensen
CHAPTER 638
AN ACT relating to construction requirements; making the National Electrical Code generally applicable; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 278.583 is hereby amended to read as follows:
278.583 1. After January 1, 1974, any construction, alteration or change in the use of a building or other structure in this state by any person, firm, association or corporation, whether public or private, is to be in compliance with the technical provisions of the latest edition of the National Electrical Code as adopted by the National Fire Protection Association.
2. Any city or county within the state may adopt such modifications of the code as are deemed reasonably necessary, if such modifications do not reduce the standards established in the code.
Sec. 2. NRS 704.593 is hereby amended to read as follows:
704.593 1. Any person who fails to comply with the provisions of the safety rules for the installation and maintenance of electric supply and communication lines of the National [Bureau of Standards] Electrical Code as adopted by the National Fire Protection Association, as such rules are adopted or amended by the commission, is liable to a penalty of not less than $300 nor more than $500. Each days refusal or failure to comply with such rules shall be deemed a separate offense.
2. The penalty provided in subsection 1 shall be recovered upon the complaint of the commission in a civil action in any court of competent jurisdiction.
________
Assembly Bill No. 614Committee on Judiciary
CHAPTER 639
AN ACT relating to bonds and undertakings; authorizing the clerk of the court in any civil or criminal action in which a bond or undertaking is required to refuse to accept a surety on such bond or undertaking if a power of attorney in fact for the signatory is not on file in the clerks office.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 169 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In all criminal actions or proceedings where a bond or other undertaking is required by the provisions of Titles 14 or 15 of NRS or by the Nevada Rules of Civil Procedure or the Nevada Rules of Appellate Procedure, the bond or undertaking shall be presented to the clerk, of the court in which the action or proceeding is pending, for his approval before being filed or deposited.
κ1975 Statutes of Nevada, Page 1197 (CHAPTER 639, AB 614)κ
Nevada Rules of Civil Procedure or the Nevada Rules of Appellate Procedure, the bond or undertaking shall be presented to the clerk, of the court in which the action or proceeding is pending, for his approval before being filed or deposited.
2. The clerk of the court may refuse approval of a surety for any bond or other undertaking if a power of attorney in fact, which covers the agent whose signature appears on the bond or other undertaking, is not on file with the clerk of the court.
Sec. 2. NRS 20.050 is hereby amended to read as follows:
20.050 1. In all cases where a bond or other undertaking, except a bail bond, is required by the provisions of Titles 2 to 5, inclusive, of NRS or in any civil action arising under any other Title of NRS or by the Nevada Rules of Civil Procedure or Nevada Rules of Appellate Procedure, the bond or undertaking shall be presented to the clerk of the court in which the action or proceeding is pending, for his approval, before being filed or deposited.
2. The clerk of the court may refuse approval of a surety for any bond or other undertaking if a power of attorney in fact which covers the agent whose signature appears on the bond or other undertaking is not on file with the clerk of the court.
________
Assembly Bill No. 713Assemblymen May, Hickey, Price and Chaney
CHAPTER 640
AN ACT to amend an act entitled An Act incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new chapter; and providing other matters properly relating thereto, approved April 26, 1971, as amended.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1210, as amended, is hereby amended by adding thereto a new section to be designated section 3.025, which shall immediately follow section 3.020 and shall read as follows:
Section 3.025 City manager: Suspension.
1. The city council may suspend the city manager from office in accordance with the procedure contained in this section.
2. The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for suspension and may suspend the city manager from duty for a period not to exceed 30 calendar days. A copy of the resolution shall be delivered promptly to the city manager.
3. The suspension of the city manager becomes effective immediately. The preliminary resolution of the city council shall determine whether the city manager shall receive a salary during the period of suspension.
κ1975 Statutes of Nevada, Page 1198 (CHAPTER 640, AB 713)κ
4. The city council may suspend the city manager in lieu of removal pursuant to section 3.030.
5. Suspension of the city manager by the city council is not subject to review by any agency or court.
Sec. 2. Section 3.030 of article III of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at page 1220, is hereby amended to read as follows:
Section 3.030 City manager: Removal.
1. The city council may remove the city manager from office in accordance with the procedure contained in this section.
2. The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed [15] 30 calendar days. A copy of the resolution shall be delivered promptly to the city manager.
3. Within 5 calendar days after a copy of the preliminary resolution is delivered to the city manager, he may file with the city council a written request for a public hearing. The public hearing shall be held at a city council meeting not earlier than 15 calendar days nor later than 30 calendar days after the request is filed. The city manager may file with the city council a written reply not later than 5 calendar days before the hearing.
4. The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after 5 calendar days from the date when a copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing or at any time after the public hearing if he has requested one.
5. The city manager shall continue to receive his salary until the effective date of the final resolution of removal [.] , unless the city council provides in the preliminary resolution that the city manager shall not receive a salary after the date of adoption of the preliminary resolution by the city council. The action of the city council in suspending or removing the city manager [shall not be] is not subject to review by any agency or court.
________
Assembly Bill No. 150Committee on Transportation
CHAPTER 641
AN ACT relating to motor vehicle laws; expanding peace officer powers of field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles; and providing other matters properly relating thereto.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, a section known as the vehicle compliance and enforcement section.
κ1975 Statutes of Nevada, Page 1199 (CHAPTER 641, AB 150)κ
of the department, a section known as the vehicle compliance and enforcement section.
2. The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, field dealer inspectors in the vehicle compliance and enforcement section of the registration division of the department.
3. The duties of field dealer inspectors shall be to travel the state and:
(a) Act as field agents and inspectors in the enforcement of the provisions of chapters 482, 487 and 489 of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.530, inclusive, as such sections pertain to motor vehicles, trailers, motorcycles, mobile homes, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of such chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
4. Field dealer inspectors have the powers of peace officers to enforce any law of the State of Nevada in carrying out their duties under this section [but are not] and are not entitled to retire [at the ages and under the circumstances provided in NRS 286.510.] under the early retirement provisions of chapter 286 of NRS applicable to police officers and firemen.
Sec. 2. NRS 482.540 is hereby amended to read as follows:
482.540 1. Any officer of the Nevada highway patrol, without a warrant, may seize and take possession of any vehicle which is being operated with improper registration, or which the patrol officer has [reason] probable cause to believe has been stolen, or on which any motor number, manufacturers number or identification mark has been defaced, altered or obliterated.
2. Any officer of the Nevada highway patrol so seizing or taking possession of such vehicle shall immediately notify the Nevada highway patrol of such action and shall hold the vehicle until notified by the Nevada highway patrol as to what further action should be taken regarding the disposition of the vehicle.
3. Any field dealer inspector of the vehicle compliance and enforcement section of the registration division of the department may seize and take possession of any vehicle, without a warrant, if such field dealer inspector has probable cause to believe that such vehicle has been stolen, is being operated with improper registration or that its motor number, manufacturers number or identification mark has been defaced, altered or obliterated.
________
κ1975 Statutes of Nevada, Page 1200κ
Assembly Bill No. 696Assemblyman Dreyer
CHAPTER 642
AN ACT relating to the detention of persons suspected of criminal behavior; revising the specific restriction on the length of time permitted peace officers to detain such persons.
[Approved May 20, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.123 is hereby amended to read as follows:
171.123 1. Any peace officer may detain any person whom such officer encounters under circumstances which reasonably indicate that such person has committed, is committing or is about to commit a crime.
2. The officer may detain such person only to ascertain the identity of such person and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer.
3. No person may be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than [15] 30 minutes. Such detention shall not extend beyond the place or the immediate vicinity of the place where the detention was first effected.
________
Assembly Bill No. 712Assemblymen Hickey, Mann, Lowman, May and Price
CHAPTER 643
AN ACT relating to proceedings to commitment; permitting a private person to deliver a person arrested without a warrant to a peace officer; giving a peace officer discretion to release an arrested person; providing for certain arrest records to be destroyed; restricting the authority of a sheriff or chief of police to release a person charged with a misdemeanor without bail; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 171.177 is hereby amended to read as follows:
171.177 [Whenever] Except as provided in NRS 171.178, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, he shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate appearance before a magistrate;
2. When the person is detained pursuant to a warrant for his arrest;
3. When the person is arrested [; or] by a peace officer; or
4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 171.1773.
κ1975 Statutes of Nevada, Page 1201 (CHAPTER 643, AB 712)κ
Sec. 2. NRS 171.1772 is hereby amended to read as follows:
171.1772 Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested may be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate if:
1. [The private person making the arrest consents to the issuance of such misdemeanor citation;
2.] The person arrested furnishes satisfactory evidence of identity; and
[3.] 2. A peace officer has reasonable [and probable] grounds to believe that the person arrested will keep a written promise to appear in court.
Sec. 3. NRS 171.178 is hereby amended to read as follows:
171.178 1. [A] Except as provided in subsection 4, a peace officer making an arrest under a warrant issued upon a complaint or [any person making an arrest] without a warrant shall [, in all cases,] take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. A private person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada or deliver the arrested person to a peace officer.
3. When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith.
[3.] 4. Except as provided in NRS 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, he shall be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
Sec. 4. NRS 178.484 is hereby amended to read as follows:
178.484 1. A person arrested for an offense other than a capital offense as defined in subsection 2 shall be admitted to bail.
2. A person arrested for a capital offense may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense. For the purposes of this subsection, capital offense means:
(a) Capital murder as defined in NRS 200.030; or
(b) Murder as defined in chapter 200 of NRS.
3. Where a person with no prior conviction for any offense is charged with a misdemeanor he may be released without bail at the discretion of the sheriff or chief of police or his designated deputy, pursuant to guidelines established by a court of competent jurisdiction, by filing an agreement to appear at the time and place specified in such agreement.
________
κ1975 Statutes of Nevada, Page 1202κ
Assembly Bill No. 432Assemblymen Hickey, Polish, May, Vergiels, Banner, Price, Mann and Dini
CHAPTER 644
AN ACT relating to property actions; authorizing justices of the peace to hold hearings on landlord and tenant affidavits in summary eviction proceedings; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 40.253 is hereby amended to read as follows:
40.253 1. In addition to the remedy provided by paragraph (c) of subsection 1 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling, apartment or mobile home with periodic rent reserved by the month or any shorter period, is in default in payment of such rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. Such notice shall advise the tenant of his right to contest such notice by filing, within 5 days, an affidavit with the justice of the peace that he is not in default in the payment of such rent.
2. Upon noncompliance with such notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling, apartment or mobile home is located. Such justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph shall contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(b) The landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. No action may be taken under subsection 2 if, within 5 days after service of the notice, the tenant files an affidavit as provided in subsection 1. Further proceedings for the removal of the tenant shall be governed by NRS 40.290 to 40.420, inclusive.
4. The justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. Based upon such determination, the justice of the peace may issue or refuse to issue a summary order of removal.
κ1975 Statutes of Nevada, Page 1203 (CHAPTER 644, AB 432)κ
such determination, the justice of the peace may issue or refuse to issue a summary order of removal. A refusal to issue such an order precludes the landlord from providing for the nonadmittance of the tenant but does not preclude an action by the landlord pursuant to NRS 40.290 to 40.420, inclusive. The issuance of such an order does not preclude an action by the tenant for any damages to which he may be entitled.
Sec. 2. NRS 40.310 is hereby amended to read as follows:
40.310 Whenever an issue of fact is presented by the pleadings, it [must] shall be tried by a jury, [unless such jury be waived as in other cases.] if proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Nevada Justices Courts Rules of Civil Procedure.
________
Assembly Bill No. 700Assemblymen Robinson, Wittenberg and Dreyer
CHAPTER 645
AN ACT relating to farmers markets; authorizing local governments to provide by ordinance for the licensing and regulating of such markets; establishing certain duties for the licensee; and providing other matters properly relating thereto.
[Approved May 21, 1975]
Whereas, Farmers markets serve in many parts of the United States as a means for consumers to purchase the freshest farm products directly from producers, thus saving handling and processing costs and enabling producers to market many items that cannot profitably be disposed of through wholesale and commodity operations; and
Whereas, The battle against inflation and recession would both be aided by lower food prices to consumers and higher profits for farmers; and
Whereas, Traditional business licensing of individual vendors is unreasonably burdensome upon occasional or irregular vendors; now, therefore,
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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. As used in sections 2 to 4, inclusive, of this act, unless the context otherwise requires:
(a) Farmers market means a place of business where the actual producer of farm products can bring the products for direct sale to consumers.
(b) Farm products has the meaning ascribed to it in subsection 9 of NRS 576.010.
2. A farmers market may be organized by a person, firm, association or corporation for the purpose of renting space to the producers of farm products.
Sec. 3. 1. The board of county commissioners of any county may provide by ordinance for the licensing and regulating of farmers markets located outside of an incorporated city or town.
κ1975 Statutes of Nevada, Page 1204 (CHAPTER 645, AB 700)κ
2. Every person, firm, association or corporation who establishes a farmers market shall make application to the board of county commissioners of the county in which the farmers market is to be located. The application shall be in a form and manner prescribed by the board of county commissioners.
3. The board of county commissioners may:
(a) Fix, impose and collect license fees upon the market.
(b) Grant or deny applications for licenses or impose conditions, limitations and restrictions upon the license.
(c) Adopt, amend and repeal regulations relating to the licenses and licensees of farmers markets.
Sec. 4. 1. The person, firm, association or corporation licensed by the board of county commissioners to establish a farmers market is:
(a) Responsible for the collection of any taxes required pursuant to chapters 372, 374 and 377 of NRS.
(b) An employer as defined in NRS 616.090 for the purpose of providing coverage under the Nevada Industrial Insurance Act.
2. A person who sells farm products within the farmers market is not required to be licensed.
3. It is unlawful for any person to sell, within the farmers market, any product which is not a farm product.
Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 8, inclusive, of this act.
Sec. 6. 1. As used in sections 6 to 8, inclusive, of this act, unless the context otherwise requires:
(a) Farmers market means a place of business where the actual producer of farm products can bring the products for direct sale to consumers.
(b) Farm products has the meaning ascribed to it in subsection 9 of NRS 576.010.
2. A farmers market may be organized by a person, firm, association or corporation for the purpose of renting space to the producers of farm products.
Sec. 7. 1. The city council or other governing body of any incorporated city or town in the State of Nevada, whether organized under general law or special charter, may provide by ordinance for the licensing and regulating of farmers markets.
2. Every person, firm, association or corporation who establishes a farmers market shall make application to the city council or other governing body of the incorporated city or town in which the farmers market is to be located. The application shall be in a form and manner prescribed by the city council or other governing body.
3. The city council or other governing body may:
(a) Fix, impose and collect license fees upon the market.
(b) Grant or deny applications for licenses or impose conditions, limitations and restrictions upon the license.
(c) Adopt, amend and repeal regulations relating to the licenses and licensees of farmers markets.
Sec. 8. 1. The person, firm, association or corporation licensed by the city council or other governing body of an incorporated city or town to establish a farmers market is:
κ1975 Statutes of Nevada, Page 1205 (CHAPTER 645, AB 700)κ
(a) Responsible for the collection of any taxes required pursuant to chapters 372, 374 and 377 of NRS.
(b) An employer as defined in NRS 616.090 for the purpose of providing coverage under the Nevada Industrial Insurance Act.
2. A person who sells farm products within the farmers market is not required to be licensed.
3. It is unlawful for any person to sell, within the farmers market, any product which is not a farm product.
________
Assembly Bill No. 759Select Committee of the Clark County Delegation Subcommittee on Mass Transportation
CHAPTER 646
AN ACT relating to rates and service of motor vehicle carriers; allowing the public service commission of Nevada to establish reduced rates for specified routes or schedules of certain common motor carriers; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.351 is hereby amended to read as follows:
706.351 1. It is unlawful for:
(a) A common or contract motor carrier to furnish any pass, frank, free or reduced transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit [common carriers] any common carrier from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions and persons over 65 years of age.
(c) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(d) Persons providing relief in cases of common disaster.
(e) Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(f) Attendants of livestock or other property requiring the care of an attendant, who shall be given return passage to the place of shipment, provided there is no discrimination among shippers of a similar class.
κ1975 Statutes of Nevada, Page 1206 (CHAPTER 646, AB 759)κ
(g) Officers, agents, employees, members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, provided there is an interchange of such free or reduced rate transportation.
(h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
(i) Students of institutions of learning.
4. This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.
5. This section does not prohibit the commission from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the commission to be in the public interest.
6. Employees, as used in this section, includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling for the purpose of entering the service of any such carrier.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 783Assemblyman Heaney
CHAPTER 647
AN ACT relating to mechanics liens; providing for a form of surety bond to release mechanics lien; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 108.2391 is hereby amended to read as follows:
108.2391 1. The district court including within its district a county in which a mechanics lien is recorded, shall enter an order discharging and releasing a mechanics lien of record under the following circumstances:
(a) The debtor of the lien claimant or a party in interest in the premises subject to the lien shall obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in the State of Nevada, as surety, in [a form acceptable to the court and conditioned that the surety will pay to the lien claimant such amount as a court of competent jurisdiction may adjudge to have been secured by such lien, with interest, costs and attorneys fees.
κ1975 Statutes of Nevada, Page 1207 (CHAPTER 647, AB 783)κ
lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in the State of Nevada, as surety, in [a form acceptable to the court and conditioned that the surety will pay to the lien claimant such amount as a court of competent jurisdiction may adjudge to have been secured by such lien, with interest, costs and attorneys fees.
(b) The bond shall be in a penal sum equal of 1 1/2 times the amount of the lien claim for which the bond is posted for release of the lien.
(c)] substantially the following form:
(Title of Court and Cause, if action has been commenced)
WHEREAS, .....................................(Name of owner, contractor, or other person disputing lien) desires to give a bond for freeing and releasing the hereinafter described real property from that certain claim of mechanics lien in the sum of $........................... recorded ..........................., 19............, in the office of the recorder in ................. County. (Name of county where the real property is situated,)
(legal description)
NOW THEREFORE, the undersigned surety does hereby obligate itself to the claimant named in the mechanics lien, ............................, (Name of claimant) under the statutory obligations in the sum of $....................., (1 1/2 X claim) which sum shall include such amount as a court of competent jurisdiction may adjudge to have been secured by such lien, with interest, costs and attorney fees.
IN TESTIMONY WHEREOF, the surety has caused its corporate name and seal to be hereunto affixed by its duly authorized officer at ................................, Nevada, on the ............. day of ..............., 19........
(SURETY CORPORATION)
By...........................................
(Its Attorney in Fact)
State of Nevada
County of.......................................
} ss.
On ..................................., 19.........., before me, the undersigned, a notary public of said county and state, personally appeared .................................... known to me to be the attorney in fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same.
...................................................
(Notary Public in and for
the County and State)
(b) A petition shall be filed in the district court petitioning for an order releasing and discharging such mechanics lien of record, and such petition shall be set forth:
κ1975 Statutes of Nevada, Page 1208 (CHAPTER 647, AB 783)κ
(1) The title of the cause, which shall be: In the matter of ........................................ for discharge of the
(name of petitioner)
mechanics lien of ............................................................ upon posting release bond.
(name of mechanics lien claimant)
(2) The body of the petition shall include at least the following:
(I) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.
(II) An allegation incorporating by reference a true copy of the bond, which copy shall be attached to the petition.
(III) The name or names of the owner or reputed owners of the land subject to the lien.
(IV) A description of the real property subject to the lien, and the book and document number of the lien as given by the recorders office.
(V) A prayer for an order discharging and releasing the lien.
[(d)] (c) The petitioner shall obtain an order from a judge of the district court setting forth the time and date of the hearing on the petition, which time and date shall be at least 5 days after the date of the order and not more than 10 days after the date of the order.
[(e)] (d) A copy of the petition and a copy of the order shall be served on the lien claimant at least 2 days prior to the date set for the hearing, and served in the manner provided by law for service of summons.
[(f)] (e) Upon the hearing, the court shall enter its order discharging and releasing such mechanics lien upon the petitioners filing in open court such original bond, and introducing in evidence a receipt for payment of the premium.
2. The entry of such order by the court shall refer to the property which is the subject of the lien and the lien itself, by document number and book number, and shall recite that such lien is fully and completely discharged and released of record for all purposes and as fully and to the same extent as if released of record by the lienor.
3. Upon entry of such order, such lien shall be released of record in its entirety and for all purposes and such real property, the subject of the lien, released from the encumbrances of such lien.
4. There shall be no appeal form the entry of such order, and, upon entry, such order shall be final for all purposes.
5. The lien claimant [shall be] is entitled to bring an action against the lien claimants debtor and to join therein the [principal] surety on the bond.
6. The rights of the lien claimant whose lien has been discharged by the following of the procedure outlined in this section shall include, and the court may award to him in the proceedings referred to in subsection 5:
(a) The amount found due to the lien claimant by the court;
(b) The costs of preparing and filing the lien claim, including attorneys fees, if any;
(c) Costs of the proceedings;
(d) Attorneys fees for representation of the lien claimant in the proceedings; and
κ1975 Statutes of Nevada, Page 1209 (CHAPTER 647, AB 783)κ
(e) Interest at the rate of 7 percent per annum on the amount found due to the lien claimant and from the date found by the court that the sum was due and payable.
7. Proceedings under subsection 5 [shall be] are entitled to priority of hearing second only to criminal hearings, and the plaintiff in the action may serve upon the adverse party a demand for 30-day setting, in the proper form, and file the same with the clerk of the court, and, upon filing, the clerk of the court shall, before Friday next, then vacate a case or cases in a department of the court and set the lien claimants case for hearing on a day or days certain and to be heard within 30 days of the filing of the demand for 30-day setting. Only one such preferential setting need be given by the court, unless such hearing date [be] is vacated without stipulation of counsel for plaintiff in writing. If such hearing date is vacated, without such stipulation, upon service and filing, a new preferential setting shall be given.
8. By entering into a bond given pursuant to paragraph (a) of subsection 1, the surety submits himself to the jurisdiction of the court in which the bond is filed in the release of lien proceedings, and the surety irrevocably appoints the clerk of that court as its agent upon whom any papers affecting its liability on the bond may be served. Its liability may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if his address is known.
9. The motion proceedings described in subsection 8 shall not be instituted until the lapse of 30 days following the giving of notice of entry of judgment in the proceedings described in this section, if no notice of appeal from the judgment if filed, nor shall such motion proceedings be instituted until the lapse of 30 days following the filing of the remittitur from the supreme court, if an appeal has been taken from the judgment.
10. The lien claimant may, within 2 days after the service of a copy of the petition and a copy of the bond attached thereto, file with the clerk of the court in the proceedings a notice excepting to the sufficiency of the surety on the bond, and shall, at the same time and together with such notice, file an affidavit setting forth the grounds and basis of the exceptions to the such surety, and shall serve a copy of the notice and a copy of the affidavit upon the attorney for petitioner on the same date as the date of filing. Hearing shall be had upon the justification of the surety at the same time as that set for the hearing on the petition for the order to discharge and release the lien, and in the event that the lienor fails to file and serve such notice and affidavit within 2 days after the service of the petition for discharge of the lien, he shall be deemed to have waived all objection to the justification and sufficiency of the surety.
________
κ1975 Statutes of Nevada, Page 1210κ
Senate Bill No. 601Committee on Government Affairs
CHAPTER 648
AN ACT relating to local government; enacting the Metropolitan Cities Incorporation Law and the Urban County Law to provide for coordination of local governmental efforts in certain counties; declaring a permanent policy of the State of Nevada; granting to certain cities purposes, powers, rights, privileges, immunities and imposing duties; defining certain words and terms; authorizing the merger and consolidation of services, offices and departments of certain cities and counties; providing a procedure for the annexation of territory; providing for the creation of county commissioner districts and citizens advisory councils; amending the law governing the Las Vegas Valley Water District and the General Improvement District Law; organizing the city of Las Vegas under the Metropolitan Cities Incorporation Law and defining and adjusting the citys boundaries; terminating the terms of office of elected officers of the city of Las Vegas; creating a special local government consolidation committee in Clark County and defining the committees powers and duties; specifying particular services to be performed by Clark County or the city of Las Vegas or to be performed jointly; repealing certain statutes; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 21 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 110.6, inclusive, of this act.
Sec. 2. This chapter may be cited as the Metropolitan Cities Incorporation Law.
Sec. 3. This chapter applies to the first city having a population of 75,000 or more situated in a 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, with respect to which:
1. The legislature has determined by special act that the city shall be organized under the provisions of this chapter;
2. The governing body of the city has, by a vote of four-fifths of its entire membership, elected to become organized under the provisions of this chapter; or
3. The qualified electors of the city have elected to become organized under the provisions of this chapter in the manner provided in section 14 of this act.
Sec. 4. It is hereby declared as a matter of legislative determination that:
1. It is essential to the maintenance of the public health, safety, prosperity, security, general welfare and orderly development of local government that any city in each county to which this chapter pertains be authorized and empowered to elect to become organized under this chapter.
2. Granting to such cities the purposes, powers, rights, privileges, immunities and duties provided in this chapter will serve a public purpose and will promote the health, safety, prosperity, security and general welfare of the inhabitants of such cities, of the county in which each such city is situate and of the state.
κ1975 Statutes of Nevada, Page 1211 (CHAPTER 648, SB 601)κ
3. The organization of any city in a county to which this chapter applies is in the public interest, is conducive to the public health, safety, prosperity, security, general welfare and orderly development of local government, and constitutes a part of the established and permanent policy of the state.
4. The necessity for enactment of this chapter is the result of the large population growth and intense residential, commercial and industrial development in the incorporated and unincorporated areas in each county to which this chapter applies and of the ensuing need for extensive coordination of governmental efforts therein.
5. The legislature recognizes the duty of the governing bodies of such cities and counties to meet adequately the needs for such coordination.
6. Any powers expressly granted by this chapter are in addition to any purposes, powers, rights, privileges, immunities and duties granted to a city by the general law of the state. All provisions of NRS which apply generally to cities (not including, unless otherwise expressly mentioned in this chapter, chapter 266 or 267 of NRS) which are not in conflict with the provisions of this chapter apply to any city organized under the provisions of this chapter.
7. For the accomplishment of these purposes all provisions of this chapter shall be broadly and liberally construed to carry out the express purposes of this chapter, and 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 this chapter.
8. The notices provided in this chapter are reasonably calculated to inform each interested person of his legally protected rights.
9. The purposes, powers, rights, privileges and immunities granted in this chapter comply in all respects with any requirement imposed by any constitutional provision.
Sec. 5. Except where the context otherwise requires, the definitions provided in sections 6 to 11, inclusive, of this act govern the construction of this chapter.
Sec. 6. Board of commissioners, when not otherwise qualified, means the board of commissioners of the city.
Sec. 7. Board of county commissioners means the board of county commissioners of the county in which the city is situate.
Sec. 8. City means any city as described in section 3 of this act.
Sec. 9. County means the county in which the city is situate.
Sec. 10. Newspaper means a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and printed and published at least once each calendar week.
Sec. 11. 1. Publication or publish means the number of publications required by the specific section of this chapter in at least one newspaper published in the city, if there is one, otherwise in at least one newspaper published in the county and having general circulation in the city.
2. Publication is complete, if more than one insertion is required, on the day of the last publication.
3. Any publication by this chapter required shall be verified by the affidavit of the publisher and filed with the city clerk.
κ1975 Statutes of Nevada, Page 1212 (CHAPTER 648, SB 601)κ
Sec. 12. The right of self-government is hereby granted to the people of any city organized under the provisions of this chapter.
Sec. 13. 1. The municipal government and legislative power of the city is vested in a mayor and a board of commissioners.
2. The board of commissioners shall consist of those members of the board of county commissioners elected from the county commissioner districts situate within or substantially within the corporate boundaries of the city. The mayor shall also be deemed a member of the board of commissioners only for the purpose of voting in cases of tie votes by such board.
3. The mayor shall:
(a) Be a qualified elector residing, for a period of not less than 30 days prior to the last day for filing an affidavit of candidacy for such office, within the territory which will be encompassed within the corporate boundaries of the city as the same will exist on the date his term will commence.
(b) Be voted upon by the registered voters of the city at large.
(c) Be elected for a term of 4 years.
(d) Automatically forfeit his office if he ceases to reside within the city.
4. Each member of the board of commissioners shall possess such qualifications and shall be elected in such manner and for such terms as prescribed in section 126 of this act relating to his election as a member of the board of county commissioners.
5. The mayor and the members of the board of commissioners are entitled to receive salaries in amounts fixed by the board of commissioners, but no increase or decrease may take effect during the term for which the recipient was elected. An increase or decrease may be adopted at any time prior to the day preceding the last day for filing a declaration of candidacy for the office to which the increase or decrease pertains, and shall take effect on the first day of the next succeeding term.
Sec. 14. Any city organized prior to or after the effective date of this chapter under chapter 266 or 267 of NRS or a special charter may, if it satisfies the population requirement of section 3 of this act, surrender such charter, if any, and become organized under this chapter in the following manner:
1. Whenever a petition signed by 15 percent of the registered voters of the city, as the same appears from the registration list of registered voters at the last preceding municipal election for city officers, shall be presented to the governing body of such city, praying that such special charter, if any, be surrendered, and that such city become organized under the provisions of this chapter, the governing body shall submit such question at a special election and appoint a time and place or places at which such vote may be taken.
2. Notice of the special election shall be given and such special election shall be held and conducted in all respects as nearly as may be as provided in chapter 266 or 267 of NRS, if such city is organized under either of such chapters, or in its charter, if such city is organized under a special charter, for the holding of other special municipal elections.
3. If a majority of the votes cast at such special election is for city organization under this chapter, such city shall from the date the results of the election are declared be deemed to have surrendered its charter, if any, and to be organized under this chapter.
κ1975 Statutes of Nevada, Page 1213 (CHAPTER 648, SB 601)κ
the election are declared be deemed to have surrendered its charter, if any, and to be organized under this chapter.
Sec. 15. 1. All courts of this state shall take judicial notice in all civil or criminal actions of all ordinances, rules, resolutions or other regulations of the city.
2. In all such actions, it shall not be necessary to plead the contents of any order, ordinance, rule, resolution or other regulation, but may be proved prima facie by the introduction of the original entry or a copy thereof certified by the city clerk.
Sec. 16. 1. All rights and property of every kind and description which were vested in any municipal corporation under its former organization shall be deemed and held to be vested in the same municipal corporation upon its becoming organized under the provisions of this chapter. No rights or liabilities, either in favor of or against such corporation, existing at the time of becoming organized under this chapter, and no action or prosecution shall be affected by such change; but the same shall stand and progress as if no change had been made.
2. Whenever a different remedy is provided by this chapter, which may properly be made applicable to any right existing at the time of such city so becoming organized under this chapter, the same shall be deemed cumulative to the remedy before provided, and used accordingly.
Sec. 17. 1. All ordinances and resolutions in force in any city when it becomes organized under the provisions of this chapter shall, providing they do not conflict with the provisions of this chapter, continue in full force and effect until repealed or amended, notwithstanding such organization.
2. Such organization shall not be construed to effect any change in the legal identity of such city.
Sec. 18. 1. Cities incorporated under this chapter shall:
(a) Be bodies politic and corporate.
(b) Be known and designated by the name and style by which such city was known and designated at the time of its becoming organized under this chapter.
2. Under such name, cities may:
(a) Sue and be sued.
(b) Contract and be contracted with.
(c) Acquire and hold real and personal property for corporate purposes.
(d) Have a common seal and change the same at pleasure.
(e) Have perpetual succession.
(f) Exercise all the powers conferred in this chapter.
Sec. 19. 1. The board of commissioners may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or of the State of Nevada, or to the provisions of NRS, including this chapter, 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. The board of commissioners may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
κ1975 Statutes of Nevada, Page 1214 (CHAPTER 648, SB 601)κ
Sec. 20. 1. No ordinance may be passed except by bill and by a majority vote of the entire board of commissioners. The style of all ordinances shall be as follows: The Board of Commissioners of the City of ........................... does ordain:.
2. No ordinance shall contain more than one general subject matter and matters necessarily connected therewith and pertaining thereto, and the subject shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not so expressed.
3. Any ordinance which amends an existing ordinance or an existing section or sections of a codification of ordinances shall set out in full the ordinance or sections thereof, or the section or sections of the codification of ordinances to be amended. Such ordinance shall also indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
Sec. 21. 1. All proposed ordinances when first proposed shall be read to the board of commissioners by title and may be referred to a committee of any number of members of the board of commissioners designated by the meeting for consideration, after which an adequate number of copies of the proposed ordinance shall be deposited with the city clerk for public examination and distribution as requested. Except as otherwise provided in subsection 3, notice of such deposit shall be published once at least 1 week prior to the adoption of the ordinance. The board of commissioners shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting of the board of commissioners following the proposal of an ordinance and its reference to committee, such committee shall report on such ordinance to the board of commissioners, at which time such committee may request additional time for consideration of such ordinance. Such committee must report on its recommendations within the 30 days provided for in subsection 1, and thereafter the ordinance shall be read by title as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed; but such postponement shall not exceed 30 days from the date of publication as provided in subsection 1.
3. In cases of emergency or where the ordinance is of a kind specified in chapter 350 of NRS, by the consent of two-thirds of the entire membership of the board of commissioners final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, together with the names of the members of the board of commissioners voting for or against passage, at least once, and ordinance shall become effective the day following such publication. The board of commissioners may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a register kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 22. An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto.
κ1975 Statutes of Nevada, Page 1215 (CHAPTER 648, SB 601)κ
or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given in the notice required by subsection 1 of section 21 of this act to be published with respect to the proposed ordinance adopting such code.
Sec. 23. 1. The board of commissioners may codify and have prepared a copy of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of commissioners, have incorporated therein a copy of this chapter and such additional data as the board of commissioners may prescribe. When such code is prepared, two copies shall be filed with the librarian at the supreme court law library.
2. The ordinances in the code shall be arranged in appropriate titles, chapters and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts of such ordinances.
3. The codification shall be adopted by an ordinance and may include amendments and additions to existing ordinances and new matters unrelated thereto; and the only title necessary for the codification ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of .............................
4. The codification may be amended or extended from time to time by the insertion of new ordinances. Two copies of such insertions shall be filed with the librarian of the supreme court law library. Following such insertion and filing, such insertions shall be received as prima facie evidence of the matters contained in such new ordinances in all courts and places without further proof of such new ordinances or the matters contained therein.
Sec. 24. The mayor shall:
1. Preside over and conduct the meetings of the board of commissioners.
2. Vote as a member of the board of commissioners in cases of tie votes by such board.
3. Be the chief executive officer of the city government.
4. Take all proper measures for the preservation of public peace and order, and the suppression of riots, tumults and all forms of public disturbances, for which purpose he may, if his city is not participating in a metropolitan police department, appoint extra policemen temporarily and use and command the police force. If his city is participating in a metropolitan police department, he may request law enforcement assistance from the sheriff. In either case, if local law enforcement forces are inadequate, he shall call upon the governor for military aid in the manner provided by law, and shall perform such other emergency duties as may be necessary for the general health, safety and welfare of the inhabitants of the city.
κ1975 Statutes of Nevada, Page 1216 (CHAPTER 648, SB 601)κ
5. Sign all contracts, resolutions and ordinances approved by the board of commissioners. If the mayor refuses to sign any such contract, resolution or ordinance within 5 days after the receipt thereof, the mayor pro tempore shall, at the direction of the board of commissioners given at a duly convened meeting thereof, sign the same.
6. Perform such other duties as may be prescribed by ordinance.
Sec. 25. The board of commissioners shall, at its first meeting in January of each odd-numbered year, elect one of its number as mayor pro tempore, who shall:
1. Serve for a term of 2 years.
2. Hold such office and title, without additional compensation, during the term for which he was elected as mayor pro tempore.
3. Possess the powers and perform the duties of mayor during the absence or disability of the mayor, but, while presiding as mayor, shall be entitled to vote on all matters coming before the board of commissioners, as a member of such board.
4. Act as mayor, but, except as otherwise provided in subsection 5, with full voting rights as a member of the board of commissioners, until the 1st Monday in January following the next general election, if the office of mayor becomes vacant.
5. Automatically forfeit his office of commissioner if he ceases to reside in the county commissioner district from which he was elected, but, if he has become mayor as provided in subsection 4, shall continue in such office until the 1st Monday in January following the next general election, with the limited voting rights of the mayor prescribed in sections 13 and 24 of this act, as long as he resides within the corporate boundaries of the city.
Sec. 26. Members of the board of commissioners may vote on any lease, contract or other agreement which extends beyond their terms of office.
Sec. 27. 1. The mayor and members of the board of commissioners shall not:
(a) Hold any other elective office of the state or any political subdivision thereof or any other employment with the county or the 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 board of commissioners 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 commissioner.
Sec. 28. 1. The board of commissioners may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Adopt rules for the government of its members and proceedings.
(c) Order the attendance of witnesses and the production of all papers relating to any business before the board of commissioners.
2. If any person ordered to appear before the board of commissioners fails to obey such order:
κ1975 Statutes of Nevada, Page 1217 (CHAPTER 648, SB 601)κ
(a) The board of commissioners or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person before the board of commissioners.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 29. 1. A majority of all members of the board of commissioners constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and may compel the attendance of the absent members in such manner and under such penalties as may be prescribed by ordinance. For the purpose of determining a quorum, the presence or absence of the mayor, except as otherwise provided in subsections 3 and 4 of section 25 of this act, shall not be considered.
2. Unless otherwise provided by law, including section 20 of this act, the concurrence of a majority of a quorum of the board of commissioners shall be necessary to pass any proposition.
3. Except as otherwise provided by law, all deliberations, sessions and proceedings of the board of commissioners shall be public.
Sec. 30. 1. The board of commissioners shall prescribe by ordinance the day or days, time and place of its regular meetings, which ordinance shall provide for at least one regular meeting to be held each calendar month.
2. Such meeting day or days as fixed by such ordinance shall remain unchanged unless notice of the proposed change is published at least once each week for 3 consecutive weeks.
3. Special meetings may be held on a call of the mayor or by four members of the board of commissioners, by giving a minimum of 6 hours written notice of such special meeting to the mayor and to each member of the board of commissioners, served personally or left at his usual place of abode.
4. At a special meeting:
(a) Unless all members of the board of commissioners are present, no business may be transacted except such as has been stated in the call of the meeting.
(b) No ordinance may be passed except an emergency ordinance or one specified in chapter 350 of NRS.
(c) No vote of the board of commissioners may be reconsidered unless there is present at least as large a number of members of the board of commissioners as were present when the matter was previously voted upon.
Sec. 31. The mayor, each member of the board of commissioners and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the board of commissioners or to be considered by the board of commissioners.
Sec. 32. Whenever under the provisions of any city ordinance a person is required to obtain a work permit or identification card from the sheriff of the county or of the metropolitan police department or a city officer as a condition of employment in any establishment determined to be privileged by the board of commissioners, and licensed by the city, and such work permit or identification card is revoked or suspended by the sheriff or other city officer, the person aggrieved may appeal from such action to the board of commissioners by filing written notice of appeal with the city clerk within 10 days from the date of such revocation or suspension.
κ1975 Statutes of Nevada, Page 1218 (CHAPTER 648, SB 601)κ
sheriff of the county or of the metropolitan police department or a city officer as a condition of employment in any establishment determined to be privileged by the board of commissioners, and licensed by the city, and such work permit or identification card is revoked or suspended by the sheriff or other city officer, the person aggrieved may appeal from such action to the board of commissioners by filing written notice of appeal with the city clerk within 10 days from the date of such revocation or suspension.
Sec. 33. When power is conferred upon the board of commissioners to do and perform any act or thing, and the manner of exercising the same is not specifically provided, the board of commissioners may provide by ordinance the manner and details necessary for the full exercise of such power.
Sec. 34. 1. The board of commissioners, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
(a) Curb and gutter projects;
(b) Drainage projects;
(c) Offstreet parking projects;
(d) Overpass projects;
(e) Park projects;
(f) Sanitary sewer projects;
(g) Sidewalk projects;
(h) Storm sewer projects;
(i) Street projects;
(j) Underpass projects;
(k) Water projects;
(l) Underground electric and communication facilities; and
(m) Street light projects.
2. The board of commissioners on behalf of the city for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by subsection 1, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time.
Sec. 35. 1. The board of commissioners may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, real or personal, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The board of commissioners may not, except as otherwise specifically provided by this chapter or by any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 36. The board of commissioners may condemn property for any public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 37. The board of commissioners may:
1. Lay out, maintain, alter, improve or vacate all public rights-of-way in the city.
κ1975 Statutes of Nevada, Page 1219 (CHAPTER 648, SB 601)κ
2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.
3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
4. Regulate or prevent in all public places:
(a) The distribution and exhibition of handbills or signs.
(b) Any practice tending to annoy persons passing in such public places.
(c) Public demonstrations and processions.
5. Prevent riots or any act tending to promote riots in any public place.
Sec. 38. The board of commissioners may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets, publicly owned parking lots, parking areas to which the public is invited and public rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 39. 1. The board of commissioners may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the board of commissioners.
2. Except as otherwise provided by this chapter, the board of commissioners may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The board of commissioners may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board of commissioners may, in such bonds, pledge the on-street parking revenues or the general credit of the city, or both, to secure the payment of the principal and interest thereon.
Sec. 40. The board of commissioners may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the inhabitants thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of the county a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
κ1975 Statutes of Nevada, Page 1220 (CHAPTER 648, SB 601)κ
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
(d) Be enforced or foreclosed in such manner as may be prescribed by ordinance.
Sec. 41. 1. The board of commissioners may acquire or establish, either alone or jointly with any level of government or instrumentality or subdivision thereof, any public utility in the manner provided in this section.
2. The board of commissioners shall enact an ordinance which shall set forth fully and in detail:
(a) The public utility proposed to be acquired or established.
(b) The estimated cost thereof, as shown by the report approved by the board of commissioners, of an engineer or body theretofore appointed by the board of commissioners for that purpose.
(c) The proposed bonded indebtedness to be incurred therefor, and the terms, amount, rate of interest and time within which redeemable and on what fund.
3. Such ordinance shall be published in full at least once a week for 4 successive weeks.
4. At the first regular meeting of the board of commissioners, or any adjournment thereof, after the completion of the publication, the board of commissioners may proceed to enact an ordinance for such purpose which shall conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the registered voters of the city as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for a special election in the city upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such proposed ordinance shall be enacted or be valid or effective for any purpose whatsoever, unless at a special election called and held for the purpose a majority of the votes cast are for the ordinance.
Sec. 42. The board of commissioners may:
1. License, regulate, prohibit or establish any means of transportation which has a fixed guide or rail in, under, upon or over any public right-of-way.
2. Grant franchises to any person, firm or corporation to operate any such means of transportation in, under, upon or over, the public rights-of-way and adjacent property.
3. Declare a nuisance and require the removal of the fixed guides or rails of any such means of transportation in, under, upon or over any public right-of-way.
4. Subject to the provisions of NRS 704.300, condemn rights-of-way for any public use across the right-of-way owned or otherwise controlled by any company which owns or operates any such means of transportation.
5. Prescribe the length of time any public right-of-way may be obstructed by trains or similar means of conveyance standing thereon.
κ1975 Statutes of Nevada, Page 1221 (CHAPTER 648, SB 601)κ
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
7. Require any company which owns or operates any such means of transportation to provide protection against injuries to persons or property.
8. Subject to the provisions of NRS 704.300, compel any company which owns or operates any such means of transportation to raise or lower its guides or rails to conform to any grade established or to be established by the city, so that such guides or rails may be crossed over or under at any place on any public right-of-way.
9. Compel any company which owns or operates any such means of transportation to provide that drainage from property adjacent to its rights-of-way not be impaired.
Sec. 43. 1. The board of commissioners has the power, either alone or jointly with any level of government or instrumentality or subdivision thereof, to contract with or grant franchises to any person, firm or corporation to:
(a) Lay, maintain and operate in, under, upon or over any public right-of-way of the city or other public places therein, fixed guides or rails for any means of transportation.
(b) Construct, maintain and operate gas, electric or other lighting and heating works in the city, and to give such person, firm or corporation the privilege of furnishing light or heat for the public buildings, streets, sidewalks and alleys of the city.
(c) Provide:
(1) Ambulance services.
(2) Computer services.
(3) Fire protection and suppression services.
(4) Garbage and disposal services.
(5) Police protection and watchman services.
(6) Search and rescue services.
(7) Specific city inspection services.
(8) Transportation services.
(9) Any other service which is within the power of the city by law to provide.
2. The board of commissioners shall grant no franchise for a longer period of time than 50 years, and no franchise for any purpose shall be granted within the city except as provided in this chapter. Nothing contained in this chapter shall be construed to impair any franchises granted by the city prior to its becoming organized under this chapter.
3. Before granting any franchise the board of commissioners shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms, time and conditions of the proposed franchise and shall set a date for a public hearing thereon. Such resolution shall be published in full for at least two publications in the 2 weeks succeeding its adoption.
4. On the date set for the public hearing, or at any meeting held within 35 days thereafter, the board of commissioners may proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published.
κ1975 Statutes of Nevada, Page 1222 (CHAPTER 648, SB 601)κ
granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.
Sec. 44. 1. Except as provided in NRS 318.1194, the board of commissioners may contract with, authorize or grant a franchise to, any person, firm or corporation to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television image.
2. Any franchise granted shall require a time within which actual construction shall be commenced, a time within which distribution of television images shall be made available, and may require posting of a bond in an amount to be set by the board of commissioners to assure compliance therewith.
3. The procedure for granting franchises generally as provided in section 43 of this act shall apply to any franchise granted pursuant to this section.
Sec. 45. The board of commissioners may:
1. Organize, regulate and maintain a fire department.
2. Provide for the appointment of a fire chief and prescribe his duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the location within the city where the same may be kept.
4. Establish, by ordinance, a fire code and other regulations necessary to provide for the prevention of and protection against fires and to carry out the purposes of this section.
Sec. 46. The board of commissioners may, by any lawful means, acquire, control and maintain property for public use as cemeteries and may enlarge or abolish the same from time to time.
Sec. 47. 1. The board of commissioners may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
2. Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.
Sec. 48. The board of commissioners may:
1. Fix, impose and collect an annual license tax on all animals and provide for the capture and disposal of all animals on which such tax is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and fowl.
3. Establish a pound.
4. Prohibit cruelty to animals.
5. Provide regulations for the prevention of diseases of animals and fowl.
Sec. 49. The board of commissioners may:
1. Provide for safeguarding public health in the city.
2. Create a board of health and prescribe the powers and duties of such board.
κ1975 Statutes of Nevada, Page 1223 (CHAPTER 648, SB 601)κ
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 50. The board of commissioners 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.
(e) Be enforced or foreclosed in such manner as may be prescribed by ordinance.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 51. 1. The board of commissioners may:
(a) Except as otherwise provided in subsection 2, license and regulate all lawful businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, upon all such businesses, trades and professions, and provide an equitable standard for fixing such license taxes.
(c) Suspend or revoke the license of any such business, trade or profession for failing to comply with any such regulation in such manner as may be prescribed by ordinance.
2. No person, firm or corporation licensed by an agency of the state to conduct or practice any business, trade or profession, except as otherwise provided in subsection 3, may be denied a license to conduct or practice such business, trade or profession, nor may such license be suspended or revoked, if such person, firm or corporation conforms to all regulations established by such agency, pays to the city such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance and the business location thereof complies with all requirements of all zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the city.
3. The board of commissioners may provide by ordinance regulations restricting the number, location and method of operation of and the qualifications for ownership in liquor-dispensing or gaming establishments, businesses engaged in the manufacture or distribution, or both the manufacture and distribution, of liquor or gaming devices and such other businesses, trades or professions as may be declared by such ordinance to be privileged, and prescribing the circumstances under and the manner in which licenses with respect thereto may be denied, limited, suspended or revoked.
κ1975 Statutes of Nevada, Page 1224 (CHAPTER 648, SB 601)κ
privileged, and prescribing the circumstances under and the manner in which licenses with respect thereto may be denied, limited, suspended or revoked.
Sec. 52. Subject to the limitations contained in NRS 278.580 and 444.340 to 444.430, inclusive, the board of commissioners may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Such established fees shall not apply to the State of Nevada and its political subdivisions.
Sec. 53. 1. The board of commissioners may:
(a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.
(b) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board of commissioners shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.
Sec. 54. The board of commissioners may provide for the treatment and rehabilitation of alcoholics and narcotics addicts in city facilities or for the support and maintenance of such addicts and the treatment and rehabilitation thereof in facilities furnished by individuals or private or public institutions, corporations or associations.
Sec. 55. The board of commissioners may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.
Sec. 56. The board of commissioners may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.
3. Establish sewer service or connection fees, or both sewer service and connection fees and provide by ordinance for the enforcement and collection thereof.
4. Merge such sanitary sewer system, or any part thereof, into or consolidate the same with the sanitary sewer system of any general improvement district organized or reorganized under chapter 318 of NRS and authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether such district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in chapter 318 of NRS.
Sec. 57. 1. The elective officers of the city consist of:
(a) A mayor.
(b) A board of commissioners elected as provided in sections 13 and 126 of this act.
κ1975 Statutes of Nevada, Page 1225 (CHAPTER 648, SB 601)κ
(c) Municipal judges, the number to be determined by the board of commissioners, and a city attorney, who shall be elected as provided in sections 97 to 107, inclusive, of this act and shall, except as otherwise provided in sections 66 and 98 of this act, hold their respective offices for 4 years and until their respective successors are elected and qualified.
2. A vacancy in the office of municipal judge or city attorney shall be filled by a majority vote of all members of the board of commissioners within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elected official.
3. No such appointment shall extend beyond the 1st Monday in January following the next general election, at which election the office shall be filled for the remaining unexpired term.
Sec. 58. 1. The board of commissioners shall appoint the following officers:
(a) City manager.
(b) Five civil service trustees.
2. The board of commissioners may provide by ordinance for a department to be headed by each of the following officers:
(a) Director of finance.
(b) Director of public works.
(c) Fire chief.
(d) City clerk.
(e) Director of license and revenue.
(f) Chief of police, if the city is not participating in a metropolitan police department.
The board of commissioners may establish appropriate divisions of these departments, and create other appropriate departments and divisions thereof. The city manager shall, subject to ratification by the board of commissioners, appoint each department head, his chief assistant or deputy, and each division head except in the police and fire departments.
3. Each officer appointed pursuant to subsection 2 shall serve at the pleasure of the city manager and may be removed by him at any time, subject to ratification by the board of commissioners.
4. The board of commissioners may from time to time, by written agreement with the board of county commissioners, merge any of the offices provided for in subsections 1 and 2 and their respective departments, or any of the functions thereof, into or consolidate the same with their respective counterparts, or any combination thereof, of the county.
5. In the event of such merger or consolidation the office or department resulting therefrom may be either:
(a) A city office or department;
(b) A county office or department; or
(c) A joint city-county office or department, in which event the agreement shall provide for the administration of the department, the jurisdiction of the respective boards over it, the division of any revenues derived from it, and the financing of its operations.
6. The board of commissioners and the board of county commissioners may from time to time establish such other joint funds as they deem necessary in order to finance any joint city-county function.
7. In lieu of or in addition to such merger or consolidation, the board of commissioners and the board of county commissioners may, by cooperative or interlocal agreements entered into pursuant to chapter 277 of NRS, provide that their respective offices or departments may perform their functions on behalf of both entities.
κ1975 Statutes of Nevada, Page 1226 (CHAPTER 648, SB 601)κ
of commissioners and the board of county commissioners may, by cooperative or interlocal agreements entered into pursuant to chapter 277 of NRS, provide that their respective offices or departments may perform their functions on behalf of both entities.
Sec. 59. 1. All appointive officers of the city, except the city manager and the civil service trustees, shall have such powers and perform such duties, under the direction of the city manager, as may be prescribed by ordinance or by the city manager or conferred or imposed by general law.
2. All appointive officers of the city shall receive such salary as may be fixed by the board of commissioners.
Sec. 60. All departments, offices and agencies, except the city manager and the civil service trustees, shall be under the direction and supervision of the city manager and shall be administered by an officer subject to such direction and supervision. With the consent of the board of commissioners, the city manager may serve as the head of two or more departments, offices or agencies or may appoint one person to be head of two or more departments, offices or agencies.
Sec. 61. 1. Every officer of the city, whether elected or appointed, shall, before entering upon the duties of such office, take and subscribe to the constitutional oath of office.
2. The board of commissioners may require from all officers and employees of the city responsible for the handling of city funds sufficient security for the faithful and honest performance of their respective duties and for the payment of all moneys received by such officers according to law and the ordinances of the city.
Sec. 62. 1. All bonds given by the officers, elected or appointed, or employees of the city shall be filed with the city clerk.
2. The board of commissioners may at any time require further and additional bonds of any officers elected or appointed, or of any employee.
Sec. 63. Every officer, elected or appointed, of the city shall, within 5 days after notification and request by the city manager, deliver to such officers successor in office all properties, books and effects of every description in the possession of such officer belonging to the city or appertaining to such office; and upon the failure, refusal or neglect of such officer to do so such officer shall be liable for all damages caused thereby, and to such penalty as may be by ordinance prescribed.
Sec. 64. No officer, elected or appointed, shall be directly or indirectly interested in:
1. Any contract, work or business of the city.
2. The sale of any article to the city.
3. The purchase of property, real or personal, belonging to the city.
Sec. 65. 1. Elective officers may recommend such deputies and employees as they may require, to be appointed by the city manager, subject to ratification by the board of commissioners.
2. Appointive officers may recommend for appointment by the city manager such deputies and employees as may be allowed and required.
3. Deputies of the city attorney and of the appointed officers shall have the same powers as their principals and shall receive such compensation as may be fixed by the board of commissioners.
Sec. 66. 1. There shall be a municipal court of the city, consisting of one or more departments, each of which shall have such power and jurisdiction as prescribed in and shall be governed, in all respects not inconsistent with the provisions of this chapter, by chapters 5 and 266 of NRS, as amended from time to time, relating to municipal courts.
κ1975 Statutes of Nevada, Page 1227 (CHAPTER 648, SB 601)κ
jurisdiction as prescribed in and shall be governed, in all respects not inconsistent with the provisions of this chapter, by chapters 5 and 266 of NRS, as amended from time to time, relating to municipal courts.
2. The board of commissioners may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.
3. Each such additional municipal judge shall serve until the 1st Monday in January following the first general election held after his appointment, at which election his successor shall be elected for either a 2- or a 4-year term, as determined by the board of commissioners, in order to effectuate the intent of the legislature that as nearly as practicable one-half the number of municipal judges shall be elected every 2 years.
Sec. 67. 1. Each municipal judge shall be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any municipal judge who was an incumbent at the time of the citys becoming organized under this chapter as long as he continues to serve as such in uninterrupted terms.
(b) A qualified elector residing, for a period of not less than 30 days prior to the last day for filing an affidavit of candidacy for such office, within the territory which will be encompassed within the corporate boundaries of the city as the same will exist on the date his term will commence.
2. The compensation of the municipal judge or judges shall be fixed by the board of commissioners, which compensation shall not be increased or decreased to take effect during the term for which such judge or judges were elected, but may be increased or decreased at any time prior to the day preceding the last day for filing a declaration of candidacy for such office for the next succeeding term to take effect on the first day of such next succeeding term.
3. If there is more than one department of the municipal court:
(a) Such departments shall be numbered 1 through the appropriate arabic number as approved by the board of commissioners, and a municipal judge shall be elected for and shall preside over each department by number.
(b) There shall be a master judge who shall be chosen from among the municipal judges on the first judicial day of each year by:
(1) The board of commissioners if there are two municipal judges.
(2) The municipal judges if there are three or more.
4. The municipal judge or the master judge, as the case may be, shall:
(a) Establish and enforce administrative rules and regulations governing the affairs of the municipal court.
(b) Be responsible for setting trial dates and other matters pertaining to the court calendar.
(c) Perform such other court administrative duties as may be required by the board of commissioners.
5. Alternate judges in sufficient numbers may be appointed annually by the board of commissioners, each of whom shall:
(a) Be a duly licensed member, in good standing, of the State Bar of Nevada.
κ1975 Statutes of Nevada, Page 1228 (CHAPTER 648, SB 601)κ
(b) Have all the powers and jurisdiction of a municipal judge while acting as such.
(c) Receive such compensation as may be fixed by the board of commissioners.
6. The municipal judge or judges shall devote full time to the duties of their office or offices.
7. Any municipal judge, other than an alternate judge, shall automatically forfeit his office if he ceases to be a resident of the city.
Sec. 68. All fines and forfeitures imposed by the municipal court shall be paid to the clerk of the municipal court, who shall pay the same into the treasury of the city in such manner and at such times as may be prescribed by the city manager.
Sec. 69. 1. The city attorney shall be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada.
(b) The legal adviser of the city and shall advise the board of commissioners and all officers of the city in all matters respecting the affairs of the city and shall perform such duties as may be required of him by the board of commissioners or the city manager or prescribed by ordinance.
(c) A qualified elector residing, for a period of not less than 30 days prior to the last day for filing an affidavit of candidacy for such office, within the territory which will be encompassed within the corporate boundaries of the city as the same will exist on the date his term will commence.
2. The city attorney shall receive compensation in an amount fixed by the board of commissioners, which compensation shall not be increased or decreased to take effect during the term for which he was elected, but may be increased or decreased at any time prior to the day preceding the last day for filing a declaration of candidacy for such office for the next succeeding term to take effect on the first day of such next succeeding term.
3. The city attorney shall not engage in the private practice of law after the city becomes organized under this chapter, nor shall his deputies engage in the private practice of law after 6 months thereafter.
4. The city attorney shall automatically forfeit his office if he ceases to be a resident of the city.
Sec. 70. The board of commissioners may, in the exercise of its sound discretion, employ special counsel to aid the city attorney whenever in its judgment the public interests require such employment, and the expense thereof shall be allowed and paid in the same manner as other claims against the city.
Sec. 71. The city manager shall:
1. Be the chief administrative officer of the city government.
2. Exercise careful supervision over the general affairs of the city.
3. From time to time, give to the mayor and the board of commissioners information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city.
4. See that all the general laws and ordinances of the city are observed and enforced.
κ1975 Statutes of Nevada, Page 1229 (CHAPTER 648, SB 601)κ
5. See that all contracts are fully kept and faithfully performed, and, to that end and in any such case where necessary or proper to protect the interests of the city, shall, with the approval of the board of commissioners, cause legal proceedings to be instituted or defended at the expense of the city.
6. Perform such other administrative duties as the board of commissioners shall prescribe.
Sec. 72. The city manager may:
1. Appoint such clerical and administrative assistants as he may deem necessary.
2. Require from the municipal judge or judges, the city attorney and every appointed officer of the city at any time a report in detail of all transactions in their respective offices or of any matters connected therewith.
Sec. 73. The board of commissioners may remove the city manager from office in the following manner:
1. The board of commissioners shall adopt, by the affirmative vote of a majority of its entire membership, a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed 15 days. A copy of such resolution shall be delivered promptly to the city manager.
2. Within 5 days after a copy of such resolution has been delivered to the city manager, he may file with the board of commissioners a written request for a public hearing. The public hearing shall be held at a board of commissioners meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the board of commissioners a written reply not later than 5 days before the hearing.
3. The board of commissioners may adopt a final resolution of removal, which may be made effective immediately, by the affirmative vote of a majority of its entire membership, at any time after 5 days from the date the copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing, or at any time after the public hearing, if he has requested one.
4. The city manager shall continue to receive his salary until the effective date of the final resolution of removal. The discretionary decision of the board of commissioners in suspending or removing the city manager shall not be subject to review by any agency or court.
Sec. 74. 1. The county assessor of the county shall be ex officio the city assessor of the city. The county assessor shall perform such duties for the city for $50 per month as compensation.
2. Upon request of the assessor, the board of commissioners 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. 75. 1. The director of finance shall:
(a) Have knowledge of municipal accounting and taxation.
(b) Have experience in budgeting and financial control.
(c) Have charge of the administration of the financial affairs of the city.
(d) Provide a surety bond in an amount fixed by the board of commissioners.
κ1975 Statutes of Nevada, Page 1230 (CHAPTER 648, SB 601)κ
(e) Maintain complete records of all fiscal transactions of, and claims against, the city.
(f) Perform or cause to be performed on behalf of the city all duties and responsibilities imposed thereon by the Local Government Budget Act, as amended from time to time.
2. The board of commissioners may establish by ordinance such rules and regulations as it deems necessary for the proper conduct of the department of finance and its officers and employees.
Sec. 76. Before payment, all claims against the city shall be audited and approved by the director of finance. No money shall be paid for any purpose except upon claims approved by the board of commissioners. After approval of claims by the board of commissioners, the director of finance shall prepare all warrants drawn against the proper account in payment thereof. Warrants so issued shall bear the signatures of the director of finance and city treasurer, if any. Facsimile signatures may be permitted under procedures prescribed by ordinance.
Sec. 77. 1. The director of finance may recommend, subject to approval and appointment by the city manager, a city treasurer at a salary fixed by the board of commissioners.
2. The city treasurer shall be under the direction of the director of finance and shall perform such duties as may be designated thereby.
Sec. 78. 1. The director of finance may recommend, subject to approval and appointment by the city manager, a city auditor at a salary fixed by the board of commissioners.
2. The city auditor shall be under the direction of the director of finance and shall perform such duties as may be designated thereby.
Sec. 79. The director of public works shall be a registered professional engineer in the state and shall have such other qualifications as may be designated by ordinance.
Sec. 80. 1. The director of public works may recommend, subject to approval and appointment by the city manager, a city engineer, who shall be a registered professional engineer in the state and shall receive a salary fixed by the board of commissioners.
2. The city engineer shall be under the direction of the director of public works and shall perform such duties as may be designated thereby.
Sec. 81. The city clerk shall:
1. Keep the corporate seal and all papers and records of the city.
2. Keep a record of the proceedings of the board of commissioners and attend all meetings thereof.
3. Attest to the signature of the mayor on all documents approved by the board of commissioners and signed by the mayor.
Sec. 82. The office of the city clerk shall be maintained at the place of meeting of the board of commissioners or at such other place convenient thereto as the board of commissioners may direct.
Sec. 83. The director of license and revenue shall:
1. Issue all business licenses.
2. Collect such license taxes and related fees as may be prescribed by ordinance.
3. Pay all moneys so collected into the treasury of the city in such manner and at such times as may be prescribed by the city manager.
Sec. 84. The chief of police in each city which is not participating in a metropolitan police department shall have such qualifications as may be prescribed by ordinance.
κ1975 Statutes of Nevada, Page 1231 (CHAPTER 648, SB 601)κ
a metropolitan police department shall have such qualifications as may be prescribed by ordinance.
Sec. 85. If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the board of commissioners, his office shall be declared vacant and such vacancy filled by appointment by the city manager as provided in this chapter.
Sec. 86. 1. All taxes, fines, forfeitures or other moneys of the city collected or recovered by any officer, employee or other person shall be paid by such officer, employee or other person collecting or receiving the same to the director of finance, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the board of commissioners.
2. The board of commissioners may by proper legal action collect all moneys which are due and owing to the city or to any office thereof, and the board of commissioners may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
Sec. 87. In addition to any other provision relating to the removal of public officers contained in this chapter or other chapters of NRS, any officer, elected or appointed, shall be removed for any of the causes and in the manner prescribed in chapter 283 of NRS, and the vacancy so caused shall be filled as provided by law.
Sec. 88. 1. The board of commissioners shall have the power to:
(a) Control the finances of the city.
(b) Appropriate money only for city purposes and for such other purposes as may be provided by law or regulation, either federal or state, and to provide for payment of debts and expenses of the city.
(c) Levy and collect taxes within the city for general and special purposes on all property, real or personal, as provided by law.
(d) Borrow money for any city purpose, including without limitation any purpose expressly authorized by this chapter or by any other provision of NRS pertaining to cities, and for any such purpose may issue general obligation bonds, revenue bonds, revenue bonds for the payment of which the full faith and credit of the city is also pledged or other securities therefor; but the Local Government Securities Law, as amended from time to time, applies to all securities, except securities issued under section 34 of this act, so issued.
(e) Borrow money for any city purposes, in the manner and to the extent allowed by the constitution and the laws of the state, and to issue general obligation bonds therefor, in such amounts and forms and on such conditions as the board of commissioners shall from time to time determine; provided that:
(1) The city shall not issue or have outstanding at any time bonds which, when taken together with all notes, warrants, certificates, scrip or other evidences of indebtedness then outstanding, will create a total indebtedness in an amount in excess of 20 percent of the total assessed valuation of the taxable property within the city as shown by the last preceding tax list or assessment roll, excluding:
(I) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment;
κ1975 Statutes of Nevada, Page 1232 (CHAPTER 648, SB 601)κ
(II) 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;
(III) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year; and
(IV) Any interim warrants issued pursuant to chapter 271 of NRS.
(2) Nothing contained in this section shall be construed to restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.
(f) Issue general obligation bonds (other than refunding bonds) in the manner provided in NRS 350.001 to 350.006, inclusive, 350.010 to 350.070, inclusive, and the Local Government Securities Law, all as amended from time to time, to issue general obligation refunding bonds and other general obligation securities for other city purposes, to borrow money, otherwise to become obligated, to secure additionally the payment of any general obligation securities by a pledge of any revenues (other than tax proceeds) legally available therefor, and otherwise to proceed as provided in the Local Government Securities Law, as amended from time to time.
(g) Except as otherwise provided in subsection 2, divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.
2. Any property tax levied to pay the principal of or interest on such indebtedness authorized under this section shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
Sec. 89. 1. The board of commissioners shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real estate and personal property within the city made taxable by law; and the tax 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 and provided in the revenue laws of the state for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this chapter, apply to the levying, assessing and collecting of the city taxes.
2. In the manner 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. Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenue of the city.
Sec. 90. The board of commissioners shall have full power to pass and enact all ordinances necessary or required 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.
Sec. 91. The cost and expense of buildings and land for the use of the city shall be paid for from the proper fund of the city, including without limitation proceeds of bonds authorized by law.
κ1975 Statutes of Nevada, Page 1233 (CHAPTER 648, SB 601)κ
Sec. 92. In the event of the merger or consolidation of any of the city offices or departments with their respective county counterparts pursuant to section 58 of this act:
1. The salary schedules, pensions, fringe benefits or other job benefits for the employees thereof shall be the lower of the salary schedules, pensions, fringe benefits or other job benefits then prevailing in the two entities; but any existing employees of their former employers who obtain employment with the office or department resulting from such merger or consolidation, whether it is a city office or department, a county office or department or a joint city-county office or department, shall suffer no loss in pay, pensions, fringe benefits or other job benefits and shall continue to receive the same benefits as from their prior employers until the salary schedules, pensions, fringe benefits or other job benefits of such resulting office or department increases sufficiently to afford them an increase in such benefits.
2. The annual leave, sick leave and longevity accrued to any such employees, in the service of their respective former employers shall be credited to them as employees of the new employer resulting from such merger or consolidation, whether that employer is the city, the county or a new joint city-county office or department. All rights and accruals of such employees as members of the public employees retirement system pursuant to the Public Employees Retirement Act shall remain in force and shall be automatically transferred from their respective former employers to such new employer.
Sec. 93. 1. Upon merger or consolidation of any such offices or departments, the title to and possession of all personal property which is:
(a) Owned or held by, or in trust for, either the city or the county, or by the officers who preside over such offices or departments in trust for public use; and
(b) Exclusively devoted at the time of such merger or consolidation to the uses and purposes of any of such offices or departments,
shall be vested in and transferred to the office or department resulting from such merger or consolidation, whether it is a city office or department, a county office or department or a joint city-county office or department.
2. Property which is required to be transferred under the provisions of this section shall be inventoried and appraised before such transfer in a manner which satisfies the accounting requirements of both the city and the county, in order that values may be determined as of the date of transfer.
Sec. 94. 1. Upon merger or consolidation, the merger or consolidation agreement shall provide for the operation and use by the office or department resulting therefrom, whether it is a city office or department, a county office or department or a joint city-county office or department, of all real property owned or held by either the city or the county for the uses and purposes of their respective former offices or departments.
2. The agreement shall also provide for the disposition of such real property if such resulting office or department no longer needs such property for its purposes.
3. The maintenance costs for any real property owned or held for such resulting office or department shall be paid by:
κ1975 Statutes of Nevada, Page 1234 (CHAPTER 648, SB 601)κ
(a) The city, if it is a city office or department;
(b) The county, if it is a county office or department; or
(c) The joint funds, as provided for in paragraph (c) of subsection 5 of section 58 of this act, if it is a joint city-county office or department.
Sec. 95. 1. The city shall have a system of civil service, applicable to and governing all employees of the city except elected officers, persons appointed under section 58 of this act, persons required to be licensed by the state in order to practice their professions who are employed in their professional fields, persons serving as members of any board, commission or committee for which no compensation is received, persons holding such probationary, provisional or temporary appointments as may be designated in the civil service rules and regulations, and alternate municipal judges.
2. The system of civil service shall be administered by a board of five civil service trustees appointed by the board of commissioners. If the city had, at the time of its becoming organized under this chapter:
(a) A board of civil service trustees, the members thereof shall continue to serve for the duration of their respective terms, and their successors shall be appointed for such terms as will result in the term of one member expiring in 1 year, the terms of two members expiring in the subsequent year and the terms of two members expiring in the second subsequent year. Thereafter all members shall be appointed for terms of 4 years.
(b) No board of civil service trustees, upon the creation thereof, one member shall be appointed for a term of 2 years, two members for terms of 3 years and two members for terms of 4 years. Thereafter all members shall be appointed for terms of 4 years.
3. The board of commissioners shall adopt by ordinance, following the approval thereof by the board of civil service trustees, a set of civil service rules and regulations governing such system of civil service and may amend the same by ordinance from time to time upon the recommendation of the board of civil service trustees. Such rules and regulations shall provide for:
(a) Examination of potential employees.
(b) Recruitment and placement procedures.
(c) Classification of positions.
(d) Procedures for promotion, disciplinary actions and removal of employees.
(e) Such other matters as the board of civil service trustees may deem necessary.
4. Copies of the rules and regulations of the system of civil service shall be distributed to all employees of the city.
Sec. 96. The board of commissioners may from time to time merge any of the appointive boards, commissions or committees of the city, including its board of civil service trustees, into or consolidate them with their respective counterparts of the county.
Sec. 97. 1. A primary municipal election shall be held in the city on the 2nd Tuesday in September:
(a) Of 1976, at which there shall be nominated candidates for the offices of mayor, city attorney and judge of each odd-numbered department of the municipal court for a term of 4 years, and for the office of judge of each even-numbered department of the municipal court, if any such department exists, for a term of 2 years.
κ1975 Statutes of Nevada, Page 1235 (CHAPTER 648, SB 601)κ
offices of mayor, city attorney and judge of each odd-numbered department of the municipal court for a term of 4 years, and for the office of judge of each even-numbered department of the municipal court, if any such department exists, for a term of 2 years.
(b) Of 1978, at which there shall be nominated candidates for each even-numbered department of the municipal court, if any such department exists, for a term of 4 years.
(c) Of each even-numbered year thereafter, at which there shall be nominated candidates for each elective office mentioned in this section the term of whose incumbent expires on the 1st Monday in January of the following year.
2. The candidates for the office or offices of municipal judge shall be voted for and nominated separately according to their respective departments, if more than one department of the municipal court has been created.
3. Each candidate for office as provided in subsection 1 shall file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the day of the primary municipal election. For the purpose of accepting such filings, the office of the city clerk shall remain open until 5 p.m. on the last day for filing such declarations. If the last day limited for filing a declaration of candidacy falls on a legal holiday or any holiday proclaimed by the President of the United States, or by the governor, the period so limited shall expire on the next succeeding judicial day at 5 p.m. The city clerk shall collect from each candidate, at the time of filing his declaration of candidacy, such filing fee for the respective offices as is prescribed by ordinance. All filing fees so collected shall be paid into the city treasury.
4. If in the primary municipal election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general municipal election shall be held for that office. If in the primary municipal election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general municipal election.
Sec. 98. A general municipal election shall be held in the city on the 1st Tuesday after the 1st Monday in November:
1. Of 1976, at which there shall be elected the mayor, the city attorney and the judge of each odd-numbered department of the municipal court for terms of 4 years, and the judge of each even-numbered department of the municipal court, if any such department exists, for a term of 2 years.
2. Of 1978, at which there shall be elected the judge of each even-numbered department of the municipal court, if any such department exists, for a term of 4 years.
3. Of each even-numbered year thereafter, at which there shall be elected a successor to each elective officer mentioned in this section whose term expires on the 1st Monday in January of the following year.
Each of these officers shall be elected by the registered voters of the city at large.
κ1975 Statutes of Nevada, Page 1236 (CHAPTER 648, SB 601)κ
Sec. 99. 1. All elections held under this chapter shall be governed by the provisions of the election laws of the state, so far as such laws can be made applicable and are not inconsistent with this chapter.
2. The conduct of all municipal elections shall be under the control of the board of commissioners: The board of commissioners shall adopt by ordinance all regulations which it considers desirable and consistent with law and this chapter for the holding and conduct of municipal elections, for the prevention of fraud therein, and for the recount of ballots in cases of doubt or fraud.
Sec. 100. 1. Every person who is a resident of the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at such municipal election, whether special, primary or general, and for all officers to be voted for and on all questions which may be submitted to the people at such special, primary or general municipal elections, except as otherwise provided in this chapter.
2. Nothing contained in this chapter shall be so construed as to deny or abridge the power of the board of commissioners to provide for supplemental registration.
Sec. 101. The full names of all candidates, except those who have withdrawn, died or become ineligible and except candidates for the board of commissioners, shall be printed on the official ballot without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and may be printed with the legal names on the official ballot. If two or more candidates have the same name or names so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 102. An ordinance to be voted on in the city shall be presented for voting by title. The title of a measure to be used on the ballot may differ from its legal title and shall be a clear and concise statement describing the substance of the measure without argument or prejudice. Below the title shall appear the following question: Shall the above described ordinance be adopted? The ballot, voting machine or voting device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance.
Sec. 103. If, for any purpose relating to a municipal election or to the candidates or to the issues involved in such 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 either permit such organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list, upon payment of the fee prescribed in chapter 293 of NRS.
Sec. 104. A candidate may, upon written application to the election authorities at least 5 days before the election, appoint two persons to represent such candidate as watchers and challengers at each polling place at which voters may cast their ballots for the office for which he is a candidate. A person so appointed has all the rights and privileges prescribed for watchers and challengers under the election laws of the state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 105. The board of commissioners may provide for the use of mechanical or other devices for voting or for counting the votes, or for both voting and counting the votes, not inconsistent with law or regulations of the secretary of state.
κ1975 Statutes of Nevada, Page 1237 (CHAPTER 648, SB 601)κ
mechanical or other devices for voting or for counting the votes, or for both voting and counting the votes, not inconsistent with law or regulations of the secretary of state.
Sec. 106. 1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board of commissioners.
2. The board of commissioners shall meet within 10 days after any election and shall 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 board of commissioners.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in January next following their election.
4. If the election for any office should result in a tie, the board of commissioners shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 107. A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections for county offices.
Sec. 108. 1. If a question is to be submitted to the registered voters of the city at a municipal or state primary or general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is to be submitted at a special municipal election, the city clerk shall, at the expense of the city, cause to be published at least once a week for 5 consecutive weeks by five weekly insertions 1 week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, a notice signed by him to the effect that registration for such special election will be closed on the date designated therein, as provided in this section.
2. Except as provided in this subsection, the office of the city clerk shall be open for such 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. During the 5 days preceding the close of registration before such special election, the office of the city 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 Sunday and any legal holidays excepted.
3. The office of the city clerk shall be opened for registration of voters for such special election from and including the 20th day next preceding such election and up to but excluding the 10th day next preceding such election and during regular office hours.
Sec. 109. 1. The city clerk shall cause a notice of a special municipal election to be published at least once a week for 2 consecutive weeks by two weekly insertions 1 week apart, the first publication to be not more than 14 days nor less than 8 days next preceding such special election.
2. The notice of such special election shall contain:
κ1975 Statutes of Nevada, Page 1238 (CHAPTER 648, SB 601)κ
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) A statement of the question in substantially the same form as it will appear on the official ballot.
Sec. 110. 1. The city clerk may consolidate or otherwise modify voting precincts for any special municipal election, shall designate the polling places, shall appoint officers of the election for each precinct in such number as he may determine, and shall fix their respective duties and compensation.
2. Any qualified elector who is properly registered shall be qualified to vote at such special election.
3. The costs of any special election shall be paid by the city.
Sec. 110.3. 1. Any other city in the county may merge into the city in the manner prescribed in subsections 2 and 3 of section 3 of this act upon the consent of the board of commissioners and the board of county commissioners. The effective date of such merger shall be determined by the board of commissioners and shall be set forth in an ordinance adopted by the board of commissioners. The date may be fixed as any date within 12 months from the date of passage of the merger ordinance. Upon such effective date:
(a) The corporate existence and identity of such other city and all of its powers, rights, privileges and immunities are extinguished;
(b) All of the territory, inhabitants and property of such other city are subject to all debts, laws, ordinances and regulations in force in the city and are entitled to the same privileges and benefits as other parts of the city; and
(c) The city shall:
(1) Assume all of the responsibilities, duties, obligations and liabilities of such other city.
(2) Prosecute to final judgment and defend all suits instituted by or against such other city.
(3) Collect all money due such other city.
(4) Liquidate all lawful demands against such other city, and for that purpose may sell and convey any property belonging thereto, or so much thereof as may be necessary, which is not needed by the city.
(5) Provide for the payment of the principal of and interest on any debt or outstanding bonds of such other city substantially in the time, manner and form provided by law or ordinance relating thereto on such effective date, substituting the city in lieu of such other city.
(6) Generally, do all acts required to bring to a speedy close all of the affairs of such other city.
2. The merger of such other city into the city pursuant to subsection 1 does not invalidate or affect any right, penalty or forfeiture accruing to such other city or invalidate or affect any contract entered into or imposed upon such other city.
3. The territory of such other city is subject to the municipal taxes of the city commencing with the fiscal year following the effective date of such merger.
Sec. 110.6. Whenever any other city is merged into the city pursuant to the provisions of section 110.3 of this act, the board of commissioners shall cause an accurate map or plat showing the new corporate boundaries of the city, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the merger ordinance in respect thereof, to be recorded in the office of the county recorder of the county, prior to the effective date of the merger as specified in the merger ordinance.
κ1975 Statutes of Nevada, Page 1239 (CHAPTER 648, SB 601)κ
shall cause an accurate map or plat showing the new corporate boundaries of the city, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the merger ordinance in respect thereof, to be recorded in the office of the county recorder of the county, prior to the effective date of the merger as specified in the merger ordinance. A duplicate copy of such map or plat and such merger ordinance shall be filed with the Nevada tax commission or the department of taxation if such a department is created by the 58th session of the legislature.
Sec. 110.9. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 111 to 136, inclusive, of this act.
Sec. 111. As used in sections 111 to 121, inclusive, of this act:
1. Contiguous means either abutting directly on the boundary of the city or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the city, by some other political subdivision of the state or by the State of Nevada.
2. Lot or parcel means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the city.
3. A lot or parcel of land is used for residential purposes if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.
Sec. 111.5. The board of county commissioners of any county described in section 124 of this act may extend the corporate boundaries of any city in that county, by following the procedure set forth in sections 111 to 121, inclusive, of this act.
Sec. 112. If any city desires to have its corporate boundary extended in the manner provided in sections 111 to 121, inclusive, of this act, the governing body of the city shall cause plans to be made for the extension of services to the territory proposed to be annexed and shall, at least 20 days prior to the hearing provided for in section 114.8 of this act, prepare and file with the city clerk and the county clerk a report setting forth these plans, and shall forward to the board of county commissioners its request for annexation with a copy of this report. The report shall include:
1. A metes and bounds description of the territory proposed to be annexed.
2. An accurate map or plat of such territory, prepared under the supervision of a competent surveyor or engineer.
3. A map or maps of the city and the adjacent territory to show the following information:
(a) The present and proposed boundaries of the city.
(b) The present streets and sewer interceptors and outfalls and, if the city operates its own water system or furnishes other utility services, the present major trunk waterlines and other utility lines.
(c) The proposed extensions of the present streets, sewer interceptors and outfalls, major trunk water mains and utility lines, as the case may be, as required in subsection 5.
(d) The present and proposed general land use pattern in the territory proposed to be annexed.
4. A statement showing that the territory proposed to be annexed meets the requirements of section 113 of this act.
κ1975 Statutes of Nevada, Page 1240 (CHAPTER 648, SB 601)κ
5. A statement setting forth the plans of the city for extending into the territory proposed to be annexed each major municipal service performed within the city at the time of annexation; but such plans need not provide for the extension of municipal services into the area of the territory proposed to be annexed which are not developed for urban purposes as described in subsection 3 of section 113 of this act. Specifically, such plans:
(a) Shall provide for extending police protection, fire protection, street maintenance and garbage collection to the territory proposed to be annexed on the effective date of such annexation, on substantially the same basis and in the same manner as such services were provided by the city to the property owners and residents within the remainder of the city immediately prior to the effective date of the annexation.
(b) Shall provide for the extension of streets, sewer interceptors and outfalls and other major municipal services into the territory proposed to be annexed so that when such streets and utility services are so extended, property owners and residents in the territory proposed to be annexed will be able to secure such services, according to the policies in effect in the city for furnishing such services to individual lots or subdivisions.
(c) May provide that the extension of streets, sewer interceptors and outfalls and other major municipal services shall be done at the expense of the property owners in the territory proposed to be annexed, if it is the policy of the city, at the time of such annexation, to furnish such services to individual lots or subdivisions at the expense of the property owners, either by means of special improvement districts or the requirement of the dedication of essential rights-of-way and the installation of offsite improvements as a prerequisite to the approval of subdivision plats or to the issuance of any building permit, rezoning, zone variance or special use permit. In such event, such plans shall designate which services, or portions thereof, shall be extended at the expense of the city and which services, or portions thereof, shall be extended at the expense of the property owners. Services extended at the property owners cost shall be distributed and allocated to each parcel of property based on current costs, including both improvement costs and projected service costs, and shall be a part of the annexation plan prepared by the city.
(d) Shall, if the extension of any streets, sewer interceptors and outfalls or other major municipal services into the territory proposed to be annexed is to be done at the expense of the city, set forth a proposed timetable for the construction of such extensions as soon as possible following the effective date of the annexation. In any event, the plans shall call for contracts to be let and construction to begin within 24 months following the effective date of the annexation.
(e) Shall set forth the method under which the city plans to finance the extension of any services into the territory proposed to be annexed which is to be done at the expense of the city.
Sec. 113. If the board of county commissioners determines that the governing body of the city has complied with section 112 of this act, the board may after holding the required public hearing extend the corporate boundaries of the city to include any territory which meets the general standards of subsection 1 and every part of which meets the requirements of either subsections 2, 3, 4 or 5.
κ1975 Statutes of Nevada, Page 1241 (CHAPTER 648, SB 601)κ
1. The total area proposed to be annexed must meet the following standards:
(a) It must be contiguous to the boundaries of the city, to the extent that at least one-eighth of the aggregate external boundaries of such territory are so contiguous.
(b) No part of the territory proposed to be annexed shall be included within the boundaries of another incorporated city.
2. All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:
(a) Has a total resident population density of two or more persons per acre of land included within its boundaries; or
(b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or
(c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.
3. In addition to the areas developed for urban purposes, the board of county commissioners may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection 2 if such area:
(a) Is contiguous to the boundary of the city and lies between the boundary of the city and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the boundary of the city or cannot be served by the city without extending services through such sparsely developed territory; and
(b) Is contiguous, to the extent of at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the city and the boundary of the area or areas developed for urban purposes as defined in subsection 2.
The purpose of this subsection is to permit the board of county commissioners to extend the corporate boundaries of a city to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the city and areas developed for urban purposes or between two or more areas developed for urban purposes.
4. The board of county commissioners may also extend the corporate boundaries of a city to include an area which does not meet the requirements of subsection 2 if such area is bounded, on at least 75 percent of its aggregate external boundaries, by existing corporate boundaries of the city.
κ1975 Statutes of Nevada, Page 1242 (CHAPTER 648, SB 601)κ
5. The board of county commissioners may also extend the corporate boundaries of a city to include an area which does not meet the requirements of subsection 2 if the owners of record of not less than 75 percent of the individual lots or parcels of land within such area sign a petition requesting the annexation of such area to the city.
Sec. 114. 1. For the purposes of subsection 5 of section 113 of this act, the number or identity of the record owners of real property in a territory proposed to be annexed shall be determined from a list of such owners, certified by the county assessor as of the date such petition is filed, and such list shall be prima facie evidence that only those persons named thereon are such owners.
2. Such petition is sufficient for the purposes of subsection 5 of section 113 of this act, as to any lot or parcel of real property which is owned:
(a) As community property, if it is signed by either the husband or the wife.
(b) By two persons, either natural or artificial, other than as community property, if signed by both such owners.
(c) By more than two persons, either natural or artificial, if signed by a majority of such owners.
(d) Either wholly or in part, by an artificial person, if it is signed by an authorized agent and accompanied by a copy of such authorization.
Sec. 114.2. The board of county commissioners, upon its preliminary determination that a request for annexation complies with section 112 of this act, shall:
1. Fix the date for a public hearing on the question of such annexation, which shall be held not less than 30 days nor more than 60 days following its receipt of such request.
2. Direct that notice of such public hearing be given in the manner prescribed in section 114.4 of this act.
Sec. 114.4. 1. The notice of public hearing shall:
(a) Fix the date, hour and place of the public hearing.
(b) Describe, both in general terms and by accurate metes and bounds description, the territory proposed to be annexed.
(c) State that the report required in section 112 will be available at the offices of the city clerk and the county clerk at least 20 days prior to the date of the public hearing.
(d) Contain a list of the names and addresses of all record owners of real property within the territory proposed to be annexed.
(e) Provide that any record owner of real property within the territory proposed to be annexed may appear and be heard at such public hearing, or file with the county clerk a written protest to such annexation at any time prior to such public hearing, or both.
2. The notice shall be given by the county clerk by publication in a newspaper of general circulation in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the county. The first publication of such notice shall be at least 20 days prior to the date set for the public hearing, and three publications in a newspaper published once a week or oftener are sufficient, but the first and last publication shall be at least 6 days apart. The period of notice commences upon the first day of publication and terminates either upon the day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer.
κ1975 Statutes of Nevada, Page 1243 (CHAPTER 648, SB 601)κ
day of the third publication or at the end of the 20th day, including therein the first day, whichever period is longer. At the time of the first publication, the county clerk shall send a copy of the notice by certified mail, return receipt requested, to each record owner of real property within the territory proposed to be annexed.
Sec. 114.6. At least 20 days before the date of the public hearing, the governing body of the city shall make the report provided for in section 112 of this act available to the public at the offices of the city clerk and the county clerk. In addition, the governing body may direct the preparation of a summary of the full report for public distribution with the notice of the public hearing and at such hearing.
Sec. 114.8. 1. At the public hearing a representative of the city shall first make an explanation of the report provided for in section 112 of this act.
2. Following such explanation, any record owner of real property within the territory proposed to be annexed shall be given an opportunity to be heard.
3. Any protest to such annexation shall be deemed waived unless the same is presented verbally at such public hearing, or is filed in writing with the county clerk prior to such public hearing. In the case of mailed protests, the postmark on the envelope shall be deemed to be the date of filing.
Sec. 115. 1. The board of county commissioners may, at the conclusion of the public hearing or at any regular meeting held within 60 days thereafter adopt a resolution approving the report provided for in section 112 of this act with respect to the territory proposed to be annexed, or any portion thereof, and extending the corporate boundaries of the city to include all, or such portion, of the territory described in the notice of the public hearing which meets the requirements of section 113 of this act, and which the board of county commissioners has concluded should be annexed; but the board of county commissioners may, in such resolution, amend the report provided for in section 112 of this act, to make changes in the plans for service to the area proposed to be annexed, so long as such changes meet the requirements of section 113 of this act.
2. The governing body of the city may thereafter at any regular or special meeting held after the adoption of the resolution provided for in subsection 1 adopt an ordinance approving the report provided for in section 112 of this act, with any amendments which have been approved by the board of county commissioners, and setting forth the corporate boundaries of the city as extended by the board of county commissioners, but such ordinance may not change the report or the boundaries of the territory being annexed as approved by the board of county commissioners.
Sec. 116. The annexation ordinance shall contain:
1. Specific findings showing that the territory being annexed meets the requirements of section 113 of this act. The external boundaries of such territory shall be described by metes and bounds.
2. A statement of the intent of the city to extend services as set forth in the report provided for in section 112 of this act. If the report provides that the extension of such services, or portions thereof, shall be done at the expense of the property owners in the territory being annexed, the annexation ordinance shall designate which services, or portions thereof, shall be extended at the expense of the city and which services, or portions thereof, shall be extended at the expense of the property owners.
κ1975 Statutes of Nevada, Page 1244 (CHAPTER 648, SB 601)κ
extended at the expense of the city and which services, or portions thereof, shall be extended at the expense of the property owners.
3. A specific finding that on the effective date of the annexation the city will have funds appropriated in sufficient amount to finance the extension of any services designated in the report to be made at the expense of the city, or that on the effective date of the annexation the city will have authority to issue bonds in an amount sufficient to finance such extension. If authority to issue such bonds must be secured from the electorate of the city prior to the effective date of the annexation, then the effective date of annexation shall be not earlier than the date following the statement of the successful result of such bond election.
4. The specific date on which the annexation shall become effective, which date may be fixed for any date within 12 months from the date of passage of the annexation ordinance, but no such annexation shall become effective during the period commencing 30 days next preceding the last day for filing a declaration of candidacy for any general election:
(a) At which officers of the city are chosen and the date on which such officers will take office if the city is organized otherwise than under the Metropolitan Cities Incorporation Law; or
(b) At which state and county officers are chosen and the 1st Monday in January following such general election if the city is organized under the Metropolitan Cities Incorporation Law.
Sec. 117. From and after the effective date of the annexation, the territory annexed and its inhabitants and property shall be subject to all debts, laws, ordinances and regulations in force in the city and shall be entitled to the same privileges and benefits as other parts of the city. The newly annexed territory shall be subject to municipal taxes levied commencing with the fiscal year following the effective date of annexation.
Sec. 118. Whenever the corporate boundaries of a city are extended in accordance with the provisions of sections 111 to 121, inclusive, of this act, the governing body of the city shall cause an accurate map or plat of the annexed territory, prepared under the supervision of a competent surveyor or engineer, together with a certified copy of the annexation ordinance in respect thereof, to be recorded in the office of the county recorder of the county, which recording shall be done prior to the effective date of the annexation as specified in the annexation ordinance. A duplicate copy of such map or plat and such annexation ordinance shall be filed with the Nevada tax commission, or the department of taxation if such a department is created by the 58th session of the legislature.
Sec. 119. 1. If, not earlier than 24 months after the effective date of the annexation, and not later than 27 months after the effective date of the annexation, any record owner of real property in the annexed territory believes that the city has failed to follow through on its service plans, prepared under the provisions of paragraphs (a) and (d) of subsection 5 of section 112 of this act and approved in the annexation ordinance, with respect to extensions of services to be made at the expense of the city, such property owner may apply to the district court for a writ of mandamus under the provisions of chapter 34 of NRS, to compel the extension of such services.
κ1975 Statutes of Nevada, Page 1245 (CHAPTER 648, SB 601)κ
2. The court may grant the relief prayed for in the application if:
(a) The city has not provided the services set forth in its plan submitted under the provisions of paragraph (a) of subsection 5 of section 112 of this act and approved in the annexation ordinance, on substantially the same basis and in the same manner as such services were provided by the city to the property owners and residents within the remainder of the city on the effective date of the annexation; and
(b) At the time the writ is sought, such services set forth in the plan submitted under the provisions of paragraph (a) of subsection 5 of section 112 of this act and approved in the annexation ordinance are still being provided to the property owners and residents within the remainder of the city on substantially the same basis and in the same manner as on the effective date of the annexation.
3. The court may also grant the relief prayed for in the application if:
(a) The plans submitted under the provisions of paragraph (d) of subsection 5 of section 112 of this act and approved in the annexation ordinance require the extension of any services into the annexed territory to be made at the expense of the city; and
(b) Contracts have not been let and construction has not begun; and
(c) The applicant demonstrates that the need still exists for the extension of such services into the annexed territory.
4. If a writ is made permanent, the cost in the action, including reasonable attorneys fees for such aggrieved person, shall be assessed against the city.
Sec. 120. A city which proposes an extension of its corporate boundaries may make expenditures for surveys required to describe the territory proposed to be annexed, or for any purpose necessary to plan for the study, annexation, or both, of any unincorporated territory contiguous to the city. In addition, following the final passage of the annexation ordinance and prior to the effective date of the annexation, the city may proceed with expenditures and take such other actions appropriate for the construction of streets, utility lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in a more effective and expeditious manner.
Sec. 121. In determining the population and the degree of land subdivision and use for the purposes of meeting the requirements of section 113 of this act, the city shall use methods calculated to provide reasonably accurate results, including estimates as to:
1. Population, based upon the number of dwelling units in the area, multiplied by the average family size in the county, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce or upon a new enumeration carried out under reasonable rules and regulations by the city.
2. Total area, based upon an actual survey, upon county tax maps or records, upon aerial photographs or upon some other reasonably reliable map used for official purposes by any governmental agency.
3. The degree of land subdivision and use, based upon an actual survey, upon county tax maps or records, upon aerial photographs or upon some other reasonably reliable source.
κ1975 Statutes of Nevada, Page 1246 (CHAPTER 648, SB 601)κ
Sec. 122. (Deleted by amendment.)
Sec. 123. Sections 111 to 136, inclusive, of this act may be cited as the Urban County Law.
Sec. 124. Sections 111 to 136, inclusive, of this act apply to 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, in which is situate at least one city organized under the Metropolitan Cities Incorporation Law.
Sec. 125. Any powers expressly granted by sections 111 to 136, inclusive, of this act are in addition to any purposes, powers, rights, privileges, immunities and duties granted to a county by the general law of the state. In addition to sections 111 to 136, inclusive, of this act, all provisions of NRS which apply generally to counties, including the other provisions of this chapter, shall apply to and shall, in all respects not inconsistent with sections 111 to 136, inclusive, of this act, govern any county described in section 124 of this act.
Sec. 126. 1. In each county described in section 124 of this act, the board of county commissioners shall consist of 11 members, each of whom shall:
(a) Be a qualified elector residing in the county commissioner district from which he is elected;
(b) Be voted upon by the registered voters of his county commissioner district; and
(c) Except as otherwise provided in subsections 5 and 8, be elected for a term of 4 years.
2. Those members of the board of county commissioners elected from the county commissioner districts situate within or substantially within the corporate boundaries of a city organized under the Metropolitan Cities Incorporation Law shall be concurrently elected as the members of the board of commissioners of the city.
3. For the purpose of subsection 1, a person shall be deemed to reside in the respective county commissioner districts only if he has resided therein for a period of not less than 30 days next preceding the last day for filing a declaration of candidacy for the election in which he is a candidate.
4. The board of county commissioners existing at the time a city therein becomes organized under the Metropolitan Cities Incorporation Law, subject to the prior approval of the existing governing body of such city, shall, not less than 90 days next preceding the last day for filing an affidavit or candidacy for the next general election following such organization, adopt an ordinance dividing the county into seven county commissioner districts.
5. The districting ordinance shall also provide:
(a) For the election, at such next general election, of the members of the board of county commissioners, excluding such members of the existing board of county commissioners whose terms do not expire on the 1st Monday in January following such next general election, to terms of 2 years or 4 years in order to effectuate the intention of the legislature that, as nearly as practicable, one-half of the members of the board of county commissioners shall be elected every 2 years.
κ1975 Statutes of Nevada, Page 1247 (CHAPTER 648, SB 601)κ
(b) Which county commissioner districts will have their county commissioners elected for terms of 2 years and which will have their county commissioners elected for terms of 4 years at such next general election.
6. If such existing board of county commissioners fails to adopt such districting ordinance within the time prescribed in subsection 4, any registered voter of the county may apply to the district court for a writ of mandamus under the provisions of chapter 34 of NRS, to compel the adoption of such districting ordinance.
7. The members of the existing board of county commissioners whose terms do not expire on the 1st Monday in January following such next general election shall continue in office for the balance of their terms, and, at the general election next preceding the expiration of such terms, their respective successors shall be elected by the registered voters of the county commissioner districts which they represent, for terms of 4 years.
8. At the first general election following the time a city therein becomes organized under the Metropolitan Cities Incorporation Law there shall be elected:
(a) A county commissioner from each of the county commissioner districts designated in the districting ordinance to have their initial county commissioners elected for terms of 2 years, pursuant to paragraph (b) of subsection 5, for terms of 2 years; and
(b) A county commissioner from each of the county commissioner districts designated in the districting ordinance to have their initial county commissioners elected for terms of 4 years, pursuant to paragraph (b) of subsection 5, for terms of 4 years.
9. At the second general election following the time a city therein becomes organized under the Metropolitan Cities Incorporation Law there shall be elected:
(a) A county commissioner from each of the county commissioner districts designated in the districting ordinance to have their initial county commissioners elected for terms of 2 years, pursuant to paragraph (b) of subsection 5, for terms of 4 years; and
(b) A county commissioner from each of the county commissioner districts in which the term of the existing county commissioners did not expire on the 1st Monday in January following the first general election after such organization, for terms of 4 years.
10. Thereafter, at each general election, the offices of the members of the board of county commissioners shall be filled for terms of 4 years in the order in which the respective terms of office expire.
11. Any member of the board of county commissioners shall automatically forfeit his office if he ceases to reside in the county commissioner district from which he was elected.
Sec. 127. The board of county commissioners of each county described in section 124 of this act shall, at its first meeting in January of each year, elect one of its number as chairman and one of its number as vice chairman of the board, for terms of 1 year.
1. The chairman shall:
(a) Preside over and conduct the meetings of the board of county commissioners.
(b) Possess such powers and perform such duties as are prescribed for chairmen of the boards of county commissioners by any applicable laws of this state, including this chapter, or by any ordinances of the county.
κ1975 Statutes of Nevada, Page 1248 (CHAPTER 648, SB 601)κ
chairmen of the boards of county commissioners by any applicable laws of this state, including this chapter, or by any ordinances of the county.
2. The vice chairman shall possess the powers and perform the duties of the chairman of the board during the absence or disability of the chairman.
Sec. 128. In addition to the appointive officers the appointment of whom is authorized in any other provisions of NRS which apply generally to counties, including the other provisions of this chapter, the board of county commissioners in each county described in section 124 of this act may establish such departments and divisions thereof as it deems necessary to carry out the powers conferred by law upon the county. The county manager or administrator shall, subject to ratification by the board of county commissioners, appoint each department head, his chief assistant or deputy, and each division head except in the police and fire departments.
Sec. 129. 1. The board of county commissioners of each county described in section 124 of this act may from time to time, by written agreement with the board of commissioners of a city in the county which is organized under the Metropolitan Cities Incorporation Law, merge any of the county offices or departments or any functions thereof, except one which is presided over by an elected official, into or consolidate the same with their respective counterparts, or any combination thereof, of the city.
2. In the event of such merger or consolidation the office or department resulting therefrom may be either:
(a) A county office or department;
(b) A city office or department; or
(c) A joint county-city office or department, in which event the agreement shall provide for the administration of the department, the jurisdiction of the respective boards over it, the division of any revenues derived from it, and the financing of its operations either by establishing and maintaining a joint fund therefor or by such other method of funding as may be mutually agreed upon.
3. The board of county commissioners and the board of commissioners of the city may from time to time establish such other joint funds as they deem necessary in order to finance any joint county-city function.
4. In lieu of or in addition to such merger or consolidation, the board of county commissioners and the board of commissioners of the city may, by cooperative or interlocal agreements entered into pursuant to chapter 277 of NRS, provide that their respective offices or departments may perform their functions on behalf of both entities.
Sec. 130. In the event of the merger or consolidation of any of the county offices or departments with their respective city counterparts pursuant to section 129 of this act:
1. The salary schedules, pensions, fringe benefits or other job benefits for the employees thereof shall be the lower of the salary schedules, pensions, fringe benefits or other job benefits then prevailing in the two entities; but any existing employees of their former employers who obtain employment with the office or department resulting from such merger or consolidation, whether it is a county office or department, a city office or department or a joint county-city office or department, shall suffer no loss in pay, pensions, fringe benefits or other job benefits and shall continue to receive the same benefits as from their prior employers until the salary schedules, pensions, fringe benefits or other job benefits of such resulting office or department increases sufficiently to afford them an increase in such benefits.
κ1975 Statutes of Nevada, Page 1249 (CHAPTER 648, SB 601)κ
receive the same benefits as from their prior employers until the salary schedules, pensions, fringe benefits or other job benefits of such resulting office or department increases sufficiently to afford them an increase in such benefits.
2. The annual leave, sick leave and longevity accrued to any such employees, in the service of their respective former employers shall be credited to them as employees of the new employer resulting from such merger or consolidation, whether that employer is the city, the county or a new joint city-county office or department. All rights and accruals of such employees as members of the public employees retirement system pursuant to the Public Employees Retirement Act shall remain in force and shall be automatically transferred from their respective former employers to such new employer.
Sec. 131. 1. Each county described in section 124 of this act shall have a system of civil service, applicable to and governing all employees of the county except elected officers, persons appointed pursuant to any provisions of NRS which apply generally to counties, including the provisions of this chapter and section 128 of this act, persons required to be licensed by the state in order to practice their professions who are employed in their professional fields, persons serving as members of any board, commission or committee for which no compensation is received, and persons holding such probationary, provisional or temporary appointments as may be designated in the civil service rules and regulations.
2. The system of civil service shall be administered by a board of five civil service trustees appointed by the board of county commissioners. Upon creation of such board, one member thereof shall be appointed for a term of 2 years, two members for terms of 3 years and two members for terms of 4 years. Thereafter, all members shall be appointed for terms of 4 years.
3. The board of county commissioners shall adopt by ordinance, following the approval thereof by the board of civil service trustees, a set of rules and regulations governing such system of civil service and may amend the same by ordinance from time to time upon the recommendation of the board of civil service trustees. Such rules and regulations shall provide for:
(a) Examination of potential employees;
(b) Recruitment and placement procedures;
(c) Classification of positions;
(d) Procedures for promotion, disciplinary actions and removal of employees; and
(e) Such other matters as the board of civil service trustees may consider necessary.
4. Until such rules and regulations have been prepared and adopted, the initial civil service rules and regulations shall be those governing the employees of the largest city in the county which is organized under the Metropolitan Cities Incorporation Law.
5. Copies of the rules and regulations of the system of civil service shall be distributed to all employees of the county.
Sec. 132. 1. Upon merger or consolidation of any such offices or departments, the title to and possession of all personal property which is:
(a) Owned or held by, or in trust for, either the county or the city or by the officers who preside over such offices or departments in trust for public use; and
κ1975 Statutes of Nevada, Page 1250 (CHAPTER 648, SB 601)κ
by the officers who preside over such offices or departments in trust for public use; and
(b) Exclusively devoted at the time of such merger or consolidation to the uses and purposes of any of such offices or departments,
shall be vested in and transferred to the office or department resulting from such merger or consolidation, whether it is a county office or department, a city office or department or a joint county-city office or department.
2. Property which is required to be transferred under the provisions of this section shall be inventoried and appraised before such transfer in a manner which satisfies the accounting requirements of both the county and the city, in order that values may be determined as of the date of transfer.
Sec. 133. 1. Upon merger or consolidation, the merger or consolidation agreement shall provide for the operation and use by the office or department resulting therefrom, whether it is a county office or department, a city office or department or a joint county-city office or department, of all real property owned or held by either the county or the city for the uses and purposes of their respective former offices or departments.
2. The merger or consolidation agreement shall also provide for the disposition of such property if the resulting office or department no longer needs such property for its purposes.
3. The maintenance costs for any real property owned or held for such resulting office or department shall be paid by:
(a) The county, if it is a county office or department;
(b) The city, if it is a city office or department; or
(c) The joint funds, as provided for in paragraph (c) of subsection 2 of section 129 of this act, if it is a joint county-city office or department.
Sec. 134. The board of county commissioners may from time to time merge any of the appointive boards, commissions or committees of the county, including its board of civil service trustees, into or consolidate them with their respective counterparts of the city.
Sec. 135. 1. In each county described in section 124 of this act, the board of county commissioners shall adopt an ordinance creating at least one citizens advisory council for each of the county commissioner districts therein and defining, in each county commissioner district designated by such ordinance as having more than one such advisory council, the boundaries of the respective areas thereof which each such advisory council shall represent. In addition to the general powers and duties conferred and imposed in this section, such ordinance may provide that such advisory councils shall have such other and further powers and duties as the particular needs of the respective county commissioner districts, or the areas thereof, as the case may be, may require.
2. Each citizens advisory council shall:
(a) Consist of five members.
(b) Assist the board of county commissioners by acting as liaison between the residents of the respective county commissioner districts, or the areas thereof, as the case may be, which they represent and the board of county commissioners and by keeping such board advised as to all matters of interest or concern to the residents of their respective county commissioner districts, or areas thereof; but such advisory councils shall not expend or contract to expend any county funds for any purpose without the prior approval of the board of county commissioners.
κ1975 Statutes of Nevada, Page 1251 (CHAPTER 648, SB 601)κ
expend or contract to expend any county funds for any purpose without the prior approval of the board of county commissioners.
3. Each member of the respective citizens advisory councils shall:
(a) Be a resident and a registered voter of the county commissioner district, or the area thereof, as the case may be, which he represents.
(b) Serve without compensation.
4. The members of each citizens advisory council shall be appointed by the board of county commissioners from among those persons in the respective county commissioner districts, or the areas thereof, as the case may be, who possess the qualifications required by subsection 3, in the following manner:
(a) The county commissioner from each county commissioner district which is represented by one county commissioner shall submit a list of 10 nominees for its one citizens advisory council.
(b) Each county commissioner from each county commissioner district which is represented by more than one county commissioner shall submit a list of five nominees for each of its citizens advisory councils.
(c) The board of county commissioners shall appoint the five members of each citizens advisory council from the list or lists of nominees for that council.
5. The members of the citizens advisory councils first appointed by the board of county commissioners shall serve until the 1st Monday in January following the next general election after the time sections 123 to 136, inclusive, of this act become applicable to the county, and thereafter the terms of office of the members of such advisory councils shall be for 2 years and shall begin on the 1st Monday in January following each general election.
6. Each citizens advisory council shall elect such officers from among its membership, fix such time, date and place of meetings, adopt such rules of procedure and keep such records, all as in its sole discretion it shall determine, as are consistent with the purposes of this section.
7. It is the intent of this section that the existence and activities of the citizens advisory council shall in no way diminish the responsibility of the board of county commissioners in its capacity as the governing body of the county, including each county commissioner district therein, and in performing its duties as such, but such advisory council shall bring to bear on the problems within each county commissioner district, or area thereof, the knowledge of a representative group of residents thereof.
Sec. 136. Any utility, franchise or other service which a county described in section 124 of this act is authorized by law to establish, grant, contract for or operate may be merged into or operated jointly with the utility, franchise or other service of any city within the county which is organized under the Metropolitan Cities Incorporation Law.
Sec. 137. NRS 244.010 is hereby amended to read as follows:
244.010 Except as provided in [NRS 244.013 and 244.011,] 244.011, 244.013 and section 126 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.
Sec. 138. NRS 244.020 is hereby amended to read as follows:
244.020 1. Except as provided in NRS 244.013 [,] and section 126 of this act, county commissioners shall be qualified electors of their respective counties.
κ1975 Statutes of Nevada, Page 1252 (CHAPTER 648, SB 601)κ
of this act, county commissioners shall be qualified electors of their respective counties.
2. No county or township officer shall be eligible to the office of county commissioner.
Sec. 139. NRS 244.030 is hereby amended to read as follows:
244.030 County commissioners shall enter upon their duties on the 1st Monday of January succeeding their election, and, except as otherwise provided in section 126 of this act, shall hold their offices for 4 years as provided in this chapter; and the term of office shall expire at 12 p.m. of the day preceding the 1st Monday in January following a general election.
Sec. 140. NRS 244.075 is hereby amended to read as follows:
244.075 1. The clerk shall keep a full and complete record of all the proceedings of the board, together with a full and complete alphabetical index and page citation of and for the record and proceedings, and all such proceedings shall be entered upon the record.
2. The record of each days proceedings of the board shall be signed by the chairman and the clerk. In case the chairman shall be absent at any meeting of the board, all documents, records or papers requiring the signature of the board shall be signed by the members present [.] or as otherwise provided in subsection 2 of section 127 of this act.
3. The books, records and accounts of the board shall be kept at the office of the clerk of the board, and shall, during business hours, be kept open to public inspection free of charge.
Sec. 141. NRS 244.207 is hereby amended to read as follows:
244.207 1. Notwithstanding any other provision of law, the boards of county commissioners [of counties whose population is 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,] shall have power and jurisdiction in their respective counties to establish by ordinance central receiving and disbursing systems for the handling of county moneys and moneys held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:
(a) The commingling of all moneys from any source whatsoever, provided that the accounting system employed supplies full information concerning the sources of the moneys.
(b) The elimination of departmental bank accounts provided for in NRS 356.200 by commingling such moneys in a bank account or accounts maintained by the county treasurer.
(c) The elimination of trust bank accounts created for any reason whatsoever, as long as adequate records are maintained to identify fully all trust moneys. The moneys previously held in such trust bank accounts may be commingled with other moneys held in bank accounts maintained by the county treasurer.
(d) The centralization of all disbursing of all moneys, including trust moneys, provided the accounting system employed supplies full information concerning the disposition of such moneys.
(e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services or taxes or fees imposed by statute or ordinance, or the collection of moneys in payment of such billings.
κ1975 Statutes of Nevada, Page 1253 (CHAPTER 648, SB 601)κ
imposed by statute or ordinance, or the collection of moneys in payment of such billings.
2. Investment income from the commingled funds will be credited to the general fund of the county if other provisions of law or contract do not require other allocation of such investment income.
3. Nothing in this section shall:
(a) Eliminate the reporting requirements of various elected and appointed officials relating to the receipt and disposition of moneys.
(b) Limit the right of local government as defined in NRS 354.474 (but not including a county) whose moneys are held in trust by the county to direct the receipt, disbursement and investment of its money independently of the system provided for in this section, where such independent direction is otherwise authorized by law.
Sec. 142. NRS 245.213 is hereby amended to read as follows:
245.213 In each county having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce [,] but which does not contain a city organized under the Metropolitan Cities Incorporation Law, the board of county commissioners shall establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.
Sec. 143. NRS 266.005 is hereby amended to read as follows:
266.005 The provisions of this chapter shall not [be applicable] apply to incorporated cities in the State of Nevada organized 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 VIII of the constitution of the State of Nevada [.] or to any city which is organized under the Metropolitan Cities Incorporation Law.
Sec. 144. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In order to avoid further complication and confusion, no further annexation of unincorporated areas in any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall take place except by special act of the legislature or by consent of the board of county commissioners in which such areas are situate.
Sec. 145. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, shall apply only to cities which are located in counties 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 [.] , to which the Urban County Law does not apply.
Sec. 146. NRS 268.576 is hereby amended to read as follows:
268.576 The governing body of any incorporated city, whether incorporated or governed under a general act, special legislative act or special charter [,] enacted, adopted or granted pursuant to either section 1 or section 8 of article 8 of the constitution of the State of Nevada, except a city situated in a county to which the Urban County Law applies, may extend the corporate limits of such city under the procedure set forth in NRS 268.570 to 268.608, inclusive.
κ1975 Statutes of Nevada, Page 1254 (CHAPTER 648, SB 601)κ
Sec. 147. NRS 280.010 is hereby amended to read as follows:
280.010 1. The legislature finds:
(a) That there is substantial duplication of functions, manpower and expenses between the city and county law enforcement agencies in this state.
(b) That merger of city and county law enforcement agencies would increase the efficiency of such agencies by increasing communication facilities, lowering purchasing costs and coordinating law enforcement efforts throughout metropolitan areas.
(c) That the best community interest can be served by delegating ultimate police commission responsibilities to the board of county commissioners.
2. It is the purpose of this chapter to provide the means whereby the respective law enforcement agencies of the cities and counties in this state may merge into county-wide metropolitan police departments.
Sec. 148. NRS 280.070 is hereby amended to read as follows:
280.070 Police commission means a board of county commissioners serving, ex officio, as a metropolitan police commission.
Sec. 149. NRS 280.110 is hereby amended to read as follows:
280.110 1. The law enforcement agencies of any participating county and each participating city in such county shall merge into one metropolitan police department.
2. Any nonparticipating city may merge into an existing metropolitan police department with the consent of the police commission of such department and subject to such rules and regulations as such police commission may promulgate [.] , which merger shall become effective on the following July 1.
3. If the charter of a nonparticipating city provides for the appointment of a chief of police and his duties of law enforcement, the governing body of the city may by ordinance provide for the merger authorized by this section and:
(a) The charter provision for appointment of a chief of police shall be deemed repealed.
(b) The duties of law enforcement shall devolve upon the metropolitan police department.
Sec. 150. NRS 280.170 is hereby amended to read as follows:
280.170 1. The police commission shall elect, at its first meeting in July of each year, one of their number as chairman on the commission.
2. The police commission shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk shall be secretary for the commission.
Sec. 151. NRS 280.170 is hereby amended to read as follows:
280.170 1. The police commission shall elect, at its first meeting in July of each year, one of their number as chairman on the commission. [When the commission is comprised of only six members, the chairman shall have no vote.]
2. The police commission shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk shall be secretary for the commission.
Sec. 152. NRS 280.180 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1255 (CHAPTER 648, SB 601)κ
280.180 1. The police commission shall meet at least once a month on a regularly scheduled day in the commission chambers of the board of county commissioners, and may, in such chambers or elsewhere within the county, meet more often upon the call of the chairman.
2. The clerk of the police commission shall give written notice of each special meeting to each member of the police commission at least 1 day before the meeting or by mailing the notice to each members place of residence in the county [.] at least 3 days before the meeting.
3. The notice shall specify the time, place and purpose of the meeting. If all of the members of the police commission are present at a special meeting, lack of notice shall not invalidate the proceedings.
Sec. 153. NRS 280.190 is hereby amended to read as follows:
280.190 The police commission shall:
1. Cause to be prepared and approve an annual operating budget for the department.
2. Submit such budget to the governing bodies of the participating political subdivisions prior to February 1 for funding for the following fiscal year.
[3. Cause to be prepared a funding apportionment plan and submit such plan to the governing bodies of the participating political subdivisions and the Nevada tax commission for approval. The Nevada tax commission has the final right of approval for such plan and shall act as an arbitrator if the local governing bodies cannot agree on the funding apportionment.
4. Cause a new funding apportionment plan to be prepared:
(a) Every 10 years upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
(b) If the law enforcement agencies of additional cities are merged into and existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.]
Sec. 154. NRS 280.190 is hereby amended to read as follows:
280.190 The police commission shall:
1. Cause to be prepared and approve an annual operating budget for the department.
2. Submit such budget to the governing bodies of the participating political subdivisions prior to February 1 for funding for the following fiscal year.
[3. Cause to be prepared the funding apportionment plan provided for in NRS 280.200 and submit such plan to the governing bodies of the participating political subdivisions and the Nevada tax commission for approval. The Nevada tax commission has the final right of approval for such plan and shall act as an arbitrator if the local governing bodies cannot agree on the funding apportionment.
4. Cause a new funding apportionment plan to be prepared:
κ1975 Statutes of Nevada, Page 1256 (CHAPTER 648, SB 601)κ
(a) Every 10 years upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
(b) If the law enforcement agencies of additional cities are merged into an existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.]
Sec. 155. NRS 280.260 is hereby amended to read as follows:
280.260 1. The county auditor or comptroller shall not sign a warrant, except for the salary of the sheriff and as provided in NRS 280.270, authorizing the payment of money by the county treasurer until a copy of the order of the police commission allowing the amount and ordering the payment thereof, together with the account, have been submitted to him, and his allowance is endorsed on such order. If the county auditor or comptroller refuses to audit and allow the payment of such warrant, the order shall be presented to the police commission with the refusal of the county auditor or comptroller endorsed thereupon and his reasons for such refusal.
2. If the police commission orders the issuance of such warrant by a unanimous vote of all the members, the county auditor or comptroller shall immediately issue such warrants upon service upon him of a copy of such order of the police commission, certified to by the secretary of the commission, that all members of the commission voted for its passage; otherwise, the account shall be declared rejected, and no warrant shall thereupon issue.
3. If the county auditor or comptroller allows such account in part, a warrant shall only issue for such part, unless the police commission allows a greater sum by a unanimous vote.
4. No warrant shall be drawn by the county auditor or comptroller on the department fund, unless there is sufficient money in the fund to pay the warrant. Any warrant drawn contrary to the provisions of this subsection is void.
Sec. 156. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of such a county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
κ1975 Statutes of Nevada, Page 1257 (CHAPTER 648, SB 601)κ
option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. The board of county commissioners may exercise such option by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within such 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
4. When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners [shall] may be chairman of the board of trustees and president of the district [.
(d)] , or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners shall be vice chairman of the board of trustees and vice president of the district.
(e) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
[(e)] (f) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
κ1975 Statutes of Nevada, Page 1258 (CHAPTER 648, SB 601)κ
NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
[(f)] (g) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
[(g)] (h) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
[(h)] (i) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
[(i)] (j) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.
Sec. 157. Section 5.1 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, and last amended by chapter 646, Statutes of Nevada 1971, at page 1514, is hereby amended to read as follows:
Section 5.1. Notwithstanding any other provisions of this act or any other law the board of directors of the district shall be composed of [seven members as follows:
1. Until the 1st Monday in January, 1973, the seven directors heretofore elected (or their appointed successors) pursuant to the provisions of this section prior to its amendment in 1971.
2. From the 1st Monday in January 1973, to the 1st Monday in January 1975, the four directors elected at the general election in 1970 (or their appointed successors) and three of the four county commissioners of Clark County elected at the general election in 1972. The four county commissioners of Clark County elected at the general election in 1972 shall decide by lot among themselves upon three of their number who shall serve as directors of the water district.
3. On and after the 1st Monday in January 1975, the board of directors shall consist of the seven] the 11 county commissioners of Clark County.
Sec. 158. Section 8 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as last amended by chapter 646, Statutes of Nevada 1971, at page 1515, is hereby amended to read as follows:
Section 8. The officers of such district shall consist of [seven] 11 directors as specified in section 5.1, a president, [(until the 1st Monday in January 1975) and] a vice president, [elected from their number,] a secretary, and a treasurer. [On and after the 1st Monday in January 1975, the] The chairman of the board of county commissioners of Clark County [shall] may be president of the board of directors of the district [.] or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as president of the board of directors of the district for a term of 1 year. The vice chairman of the board of county commissioners shall be vice president of the board of directors of the district.
κ1975 Statutes of Nevada, Page 1259 (CHAPTER 648, SB 601)κ
president of the board of directors of the district. The board may appoint an assistant secretary, who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board may designate the county clerk of Clark County and the county treasurer of Clark County, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer of Clark County as ex officio district treasurer. The board may also appoint an engineer and manager and such other assistants as may be necessary. The board of directors shall designate some place within the county as the office of the board, and the board shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the board shall be public, and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours.
Sec. 159. 1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 160 of this act shall constitute a body corporate and politic by the name of City of Las Vegas 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. The City of Las Vegas is hereby organized under sections 2 to 121, inclusive, of this act.
Sec. 160. The territory embraced in the City of Las Vegas is that certain land situate in the State of Nevada, described as follows:
PARCEL 1.
Beginning at the Southwest corner of Sec. 22, T. 21 S., R. 60 E., thence Northerly along the West line of Secs. 22, 15, 10 and 3, all in T. 21 S., R. 60 E., to the Northwest corner of said Sec. 3;
Thence Westerly along the South line of Sec. 33, T. 20 S., R. 60 E., to the Southwest corner of the E1/2SE1/4 thereof;
Thence Northerly along the West line of said E1/2SE1/4 of Sec. 33, to the Northwest corner thereof;
Thence Easterly along the North line of said E1/2SE1/4 of Sec. 33, to the West Quarter corner of Sec. 34, T. 20 S., R. 60 E.;
Thence Northerly along the West line of the NW1/4 of Sec. 34 to the Northwest corner thereof;
Thence Easterly along the North line of said Sec. 34, to the Northeast corner thereof;
Thence Northerly along the West line of the SW1/4 of Sec. 26, T. 20 S., R. 60 E., to the West Quarter corner thereof;
Thence Westerly along the East-West centerline of Sec. 27, T. 20 S., R. 60 E., to the center thereof;
κ1975 Statutes of Nevada, Page 1260 (CHAPTER 648, SB 601)κ
Thence Northerly along the North-South centerline of said Sec. 27 to the Northwest corner of S1/2NE1/4 of said Sec. 27;
Thence Easterly along the North line of said S1/2NE1/4 of Sec. 27 to the Northeast corner thereof;
Thence Northerly along the West line of Sec. 26, T. 20 S., R. 60 E., to the Northwest corner thereof;
Thence Easterly along the North line of said Sec. 26 to the North Quarter corner thereof;
Thence Northerly along the North-South centerline of Secs. 23 & 14, T. 20 S., R. 60 E., to the center of said Sec. 14;
Thence Easterly along the East-West centerline of said Sec. 14 to the Northeast corner of the W1/2SE1/4 of said Sec. 14;
Thence Southerly along the Easterly line of said W1/2SE1/4 of Sec. 14 to the Southeast corner thereof;
Thence Easterly along the South line of said Sec. 14 to the Southeast corner thereof;
Thence Northerly along the East line of said Sec. 14 to the Northeast corner of the SE1/4SE1/4 of said Sec. 14;
Thence Easterly along the North line of the S1/2SW1/4 of Sec. 13, T. 20 S., R. 60 E., to the Northeast corner thereof;
Thence Southerly along the North-South centerline of said Sec. 13 to the South Quarter corner thereof;
Thence Easterly along the Northerly line of said Sec. 24, a distance of 495 feet to a point thereon;
Thence Southerly a distance of 440 feet to a point;
Thence Westerly a distance of 495 feet to a point on the North-South centerline of said Sec. 24;
Thence Southerly along said North-South centerline of Sec. 24 to a point 530 feet Southerly of the center of said Sec. 24;
Thence Westerly a distance of 230 feet to a point;
Thence Northerly a distance of 300 feet to a point;
Thence Westerly a distance of 210 feet to a point;
Thence Northerly a distance of 230 feet to a point on the East-West centerline of said Sec. 24;
Thence Westerly along said East-West centerline of Sec. 24, a distance of 880 feet to the Northwest corner of the NE1/4SW1/4 of said Sec. 24;
Thence Southerly along the Westerly line of said NE1/4SW1/4 of Sec. 24 to the Southwest corner thereof;
Thence Easterly along the Southerly line of said NE1/4SW1/4 of Sec. 24, a distance of 990 feet to the Northwest corner of the E1/2E1/2SE1/4SW1/4 of said Sec. 24;
Thence Southerly along the Westerly line of said E1/2E1/2SE1/4SW1/4 of Sec. 24 to a point on the Southerly line of said Sec. 24;
Thence Easterly along the Southerly line of said Sec. 24 to the Southeast corner thereof;
Thence Northerly along the Easterly line of said Secs. 24 & 13, T. 20 S., R. 60 E., to a point 660 feet Southerly of the East Quarter corner of said Sec. 13;
Thence Westerly along the Southerly line of the NE1/4NE1/4SE1/4 of said Sec. 13 to the Southwest corner thereof;
κ1975 Statutes of Nevada, Page 1261 (CHAPTER 648, SB 601)κ
Thence Northerly along the Westerly line of said NE1/4NE1/4SE1/4 of Sec. 13 to the Northwest corner thereof;
Thence Westerly along the East-West centerline of said Sec. 13 to the center of said Sec. 13;
Thence Northerly along the North-South centerline of said Sec. 13 to the Southeast corner of the NE1/4NW1/4 of said Sec. 13;
Thence Westerly along the Southerly line of said NE1/4NW1/4 of Sec. 13, to the Southwest corner thereof;
Thence Northerly along the Westerly line of said NE1/4NW1/4 of Sec. 13 to the Northwest corner thereof;
Thence Westerly along the Southerly line of Secs. 12 & 11, T. 20 S., R. 60 E., to the Southwest corner of said Sec. 11;
Thence Northerly along the Westerly line of Secs. 11 & 2, T. 20 S., R. 60 E., to the Northwest corner of said Sec. 2;
Thence Westerly along the Northerly line of Sec. 3, T. 20 S., R. 60 E., to the Northwest corner thereof;
Thence Westerly along the South line of Sec. 33, T. 19 S., R. 60 E., to the Southwest corner thereof;
Thence Northerly along the West line of Secs. 33, 28 and 21, all in T. 19 S., R. 60 E., to the West Quarter corner of said Sec. 21;
Thence Westerly along the East-West centerline to the center of Sec. 20, T. 19 S., R. 60 E.;
Thence Northerly along the North-South centerline of said Sec. 20, to the North Quarter corner thereof;
Thence Westerly along the South line of Sec. 17, T. 19 S., R. 60 E., to the Southwest corner thereof;
Thence Northerly along the West line of said Sec. 17, to the Northwest corner thereof;
Thence Westerly along the South line of Sec. 7, T. 19 S., R. 60 E., to the Southwest corner thereof;
Thence Northerly along the West line of Secs. 7 & 6, T. 19 S., R. 60 E., to the Northwest corner of said Sec. 6;
Thence along the North line of Secs. 6 & 5, T. 19 S., R. 60 E., to the North Quarter corner of said Sec. 5;
Thence South along the North-South centerline of said Sec. 5, to the Southwest corner of the NW1/4NE1/4;
Thence East along the South line of said NW1/4NE1/4 to the Southeast corner thereof;
Thence Northerly along the East line of the NW1/4NE1/4 to the Northeast corner thereof;
Thence Easterly along the North line of Secs. 5, 4, 3, 2, 1, all in T. 19 S., R. 60 E., to the Northeast corner of said Sec. 1;
Thence Southerly along the Easterly line of Secs. 1, 12, 13, 24, 25 & 36, T. 19 S., R. 60 E., to the Southeast corner of said Sec. 36;
Thence Southerly along the East line of Secs. 1 & 12, T. 20 S., R. 60 E., to the Southeast corner of said Sec. 12;
Thence Westerly along the South line of said Sec. 12 to its intersection with the Easterly right of way line of Rancho Drive, 100 feet in width except through the NE1/4NW1/4 there being 175 feet in width;
Thence Southeasterly along said Easterly right of way line of Rancho Drive through its intersection with the East-West centerline of Sec.
κ1975 Statutes of Nevada, Page 1262 (CHAPTER 648, SB 601)κ
Drive through its intersection with the East-West centerline of Sec. 19, T. 20 S., R. 61 E.;
Thence along the East-West centerline of said Sec. 19, to the East Quarter corner thereof;
Thence Easterly along the East-West centerline of Secs. 20 & 21, T. 20 S., R. 61 E., to the Southwest corner of the E1/2NW1/4 of said Sec. 21;
Thence Northerly along the West line of said E1/2NW1/4 of Sec. 21 to the Northwest corner thereof;
Thence Easterly along the North line of said Sec. 21 to the Northeast corner thereof;
Thence Southerly along the East line of said Sec. 21 to the East Quarter corner thereof;
Thence Easterly along the East-West centerline of Sec. 22, T. 20 S., R. 61 E., to the center of said Sec. 22;
Thence Southerly along the North-South centerline of Sec. 22, to the South Quarter corner thereof;
Thence Easterly along the North line of Secs. 27 & 26, T. 20 S., R. 61 E., to the North Quarter corner of said Sec. 26;
Thence Southerly along the North-South centerline of Sec. 26 to the Southwest corner of the NW1/4NE1/4 of said Sec. 26;
Thence Easterly along the South line of said NW1/4NE1/4 of said Sec. 26 to the Southeast corner thereof;
Thence Northerly along the East line of said NW1/4NE1/4 of Sec. 26 to the Northeast corner thereof;
Thence Easterly along the North line of Secs. 26 & 25, T. 20 S., R. 61 E., to the Northeast corner of said Sec. 25;
Thence Northerly along the West line of Secs. 19, 18, 7 & 6, T. 20 S., R. 62 E., to the West Quarter corner of said Sec. 6;
Thence Easterly along the East-West centerline of said Sec. 6 to the East Quarter corner thereof;
Thence Northerly along the East line of said Sec. 6, to the Northeast corner thereof;
Thence Easterly along the South line of Sec. 32, T. 19 S., R. 62 E., to the Southwest corner of the E1/2E1/2W1/2 of said Sec. 32;
Thence Northerly along the West line of said E1/2E1/2W1/2 of Sec. 32 to the Northwest corner thereof;
Thence Easterly along the North line of said Sec. 32 to the North Quarter corner thereof;
Thence Northerly along the North-South centerline of Sec. 29, T. 19 S., R. 62 E., a distance of 676.34 feet to the Northwest corner of the S1/2S1/2SE1/4 of said Sec. 29;
Thence along the North line of the S1/2S1/2SE1/4 of said Sec. 29, a distance of 2,034.70 feet to the Northwest corner of the SE1/4SE1/4SE1/4 of said Sec. 29;
Thence Northerly along the West line of the NE1/4SE1/4SE1/4 of said Sec. 29, a distance of 165 feet to the Northwest corner of the S1/2S1/2NE1/4SE1/4SE1/4 of said Sec. 29;
Thence Easterly along the North line of the S1/2S1/2NE1/4SE1/4SE1/4 of said Sec. 29, a distance of 660 feet to a point on the East section line of said Sec. 29;
κ1975 Statutes of Nevada, Page 1263 (CHAPTER 648, SB 601)κ
Thence Easterly along the North line of the S1/2S1/2NW1/4SW1/4SW1/4 of Sec. 28, T. 19 S., R. 62 E., a distance of 660 feet to the Northeast corner thereof;
Thence Southerly along the East line of the S1/2S1/2NW1/4SW1/4SW1/4 of Sec. 28, a distance of 165 feet to the Southeast corner thereof;
Thence Easterly along the North line of the S1/2S1/2SW1/4 of said Sec. 28, a distance of 2,060 feet to the North-South centerline of said Sec. 28;
Thence Southerly along said North-South centerline of said Sec. 28 to the South Quarter corner thereof;
Thence Easterly along the South line of said Sec. 28 to the Northeast corner of the W1/2NW1/4NE1/4 of Sec. 33, T. 19 S., R. 62 E.;
Thence Southerly along the East line of said W1/2NW1/4NE1/4 of Sec. 33, to the Southeast corner thereof;
Thence Easterly along the North line of the SW1/4NE1/4 to the Northeast corner of the W1/2E1/2SW1/4NE1/4 of said Sec. 33;
Thence Southerly along the East line of said W1/2E1/2SW1/4NE1/4 of Sec. 33, to the Southeast corner thereof;
Thence Easterly along the North line of the W1/2SE1/4 of said Sec. 33 to the Northeast corner thereof;
Thence Southerly along the Easterly line of said W1/2SE1/4 of Sec. 22 to the intersection with the centerline of Range Road;
Thence Southeasterly along said centerline of Range Road to its intersection with the South line of said Sec. 33;
Thence Easterly along the South line of said Secs. 33 & 34, T. 19 S., R. 62 E., to an intersection with the Northerly right of way line of Las Vegas Boulevard; being 130 feet in width, except through the SW1/4SW1/4, there being 150 feet in width;
Thence along the Northerly right of way line of Las Vegas Boulevard to the intersection with the East-West centerline of said Sec. 34;
Thence along the East-West centerline of Secs. 34 & 35, T. 19 S., R. 62 E., to the center of said Sec. 35;
Thence Southerly along the North-South centerline of said Sec. 35 to the South Quarter corner thereof;
Thence Easterly along the South line of said Sec. 35 to the Northeast corner of the W1/2E1/2 of Sec. 2, T. 20 S., R. 62 E;
Thence Southerly along the East line of said W1/2E1/2 of Sec. 2 to the Southeast corner thereof;
Thence Westerly along the South line of Sec. 2, to the Northeast corner of the W1/2NW1/4 of Sec. 11, T. 20 S., R. 62 E.;
Thence Southerly along the East line of said W1/2NW1/4 of Sec. 11, to the Southeast corner thereof;
Thence Westerly along the East-West centerline to the West Quarter corner of Sec. 11;
Thence Southerly along the East line of Secs. 10, 15 & 22, T. 20 S., R. 62 E., to the Southeast corner of said Sec. 22;
Thence Easterly along the North line of Sec. 26, T. 20 S., R. 62 E., to the Northeast corner thereof;
Thence Southerly along the East line of Secs. 26 & 35, T. 20 S., R. 62 E., to the Southeast corner of said Sec. 35;
κ1975 Statutes of Nevada, Page 1264 (CHAPTER 648, SB 601)κ
Thence Westerly along the South line of Secs. 35, 34 & 33 to the Northeast corner of Sec. 4, T. 21 S., R. 62 E.;
Thence Southerly along the East line of Secs. 4, 9, 16 & 21, T. 21 S., R. 62 E., to the East Quarter corner of said Sec. 21;
Thence Easterly along the East-West centerline of Sec. 22, T. 21 S., R. 62 E., to the East Quarter corner thereof;
Thence Southerly along the East line of Secs. 22, 27 & 34 to the Southeast corner of the NE1/4SE1/4 of said Sec. 34, said point being on the City limits line of the City of Henderson;
Thence Westerly along the South line of said NE1/4SE1/4 of Sec. 34, to the Southwest corner thereof;
Thence Northerly along the west line of said NE1/4SE1/4 of Sec. 34, to the Northwest corner thereof;
Thence Westerly along the East-West centerline of said Sec. 34 to the center of said Sec. 34;
Thence Northerly along the North-South centerline of said Sec. 34 to the Southeast corner of the N1/2NW1/4 of said Sec. 34;
Thence Westerly along the South line of said N1/2NW1/4 of Sec. 34 to the Southwest corner thereof;
Thence Northerly along the West line of said Sec. 34 to the Northwest corner thereof;
Thence Westerly along the South line of Sec. 28, T. 21 S., R. 62 E., to the South Quarter corner thereof;
Thence Southerly along the North-South centerline of Sec. 33, T. 21 S., R. 62 E., to the South Quarter corner thereof;
Thence Westerly along the South line of said Sec. 33 to the Southwest corner thereof;
Thence Northerly along the West line of said Sec. 33 to the Southeast corner of the N1/2S1/2 of Sec. 32, T. 21 S., R. 62 E.;
Thence Westerly along the South line of the N1/2S1/2 of said Sec. 32 to the Southwest corner thereof;
Thence Southerly along the West line of said Sec. 32 to the Southwest corner thereof;
Thence Westerly along the North line of Sec. 6, T. 22 S., R. 62 E., to the Northeast corner of the NW1/4NE1/4 of said Sec. 6;
Thence Southerly along the East line of said NW1/4NE1/4 of Sec. 6 to the Southeast corner thereof;
Thence Westerly along the South line of the said NW1/4NE1/4 of Sec. 6 to the Southwest corner thereof;
Thence Southerly along the North-South centerline of Sec. 6, to the center of said Sec. 6;
Thence Westerly along the East-West centerline of said Sec. 6 to the Northeast corner of the NW1/4SW1/4 of said Sec. 6;
Thence Southerly along the East line of said NW1/4SW1/4 of Sec. 6 to the Southeast corner thereof;
Thence Westerly along the South line of said NW1/4SW1/4 of Sec. 6 to the Southwest corner thereof;
Thence Southerly along the West line of said Sec. 6 to the Southwest corner thereof;
κ1975 Statutes of Nevada, Page 1265 (CHAPTER 648, SB 601)κ
Thence Westerly along the South line of Sec. 1, T. 22 S., R. 61 E., to its intersection with the Southerly right of way line of Warm Springs Road (100 feet wide);
Thence Westerly along said South line of Warm Springs Road to its intersection on the Southerly line of said Sec. 1;
Thence Westerly along the Southerly line of said Sec. 1 to the Southwest corner thereof;
Thence Northerly along the West line of said Sec. 1, to the Northwest corner thereof;
Thence Westerly along the Northerly line of Secs. 2, 3, 4, 5 & 6, all in T. 22 S., R. 61 E., to the Southwest corner of Sec. 31, T. 21 S., R. 61 E.;
Thence Northerly along the West line of Secs. 31 & 30, T. 21 S., R. 61 E., to the Northwest corner of said Sec. 30;
Thence Westerly along the South line of Secs. 24, 23, 22, T. 21 S., R. 60 E., to the POINT OF BEGINNING.
EXCEPTIONS
Excepting therefrom the following parcels of land:
T. 19 S., R. 60 E.
Sec. 3: NW1/4 SW1/4
Sec. 4: SW1/4 NE1/4
Sec. 5: S1/2
Sec. 6: W1/2SE1/4NE1/4NW1/4-5 acres
Portion E1/2E1/2NW1/4SW1/4-5.9 acres
Portion W1/2SE1/4SW1/4-3.1 acres East of Tonopah
Highway and 7 acres West of Tonopah Highway
Sec. 8: E1/2
Sec. 9: N1/2NW1/4
S1/2S1/2
NE1/4SE1/4
E1/2NE1/4
Sec. 10: All
Sec. 11: W1/2
SW1/4SE1/4
S1/2NE1/4
Sec. 11: W1/2NE1/4NE1/4
NW1/4NE1/4
Sec. 12: W1/2NW1/4
Sec. 14: W1/2
W1/2E1/2
SE1/4SE1/4
Sec. 15: All
Sec. 16: E1/2
NW1/4
S1/2NW1/4NW1/4SW1/4-5 acres
NW1/4SW1/4SW1/4-10 acres
Sec. 21: E1/2
E1/2W1/2
Sec. 22: All
κ1975 Statutes of Nevada, Page 1266 (CHAPTER 648, SB 601)κ
Sec. 23: All
Sec. 25: SW1/4
S1/2NW1/4
SW1/4SE1/4
Sec. 26: SE1/4
W1/2SW1/4
W1/2 SW1/4NW1/4
NW1/4NW1/4
N1/2NE1/4NW1/4
Sec. 27: E1/2
NW1/4
N1/2SW1/4
Sec. 28: E1/2NE1/4
Sec. 34: That portion of the W1/2NE1/4 lying Northerly of the Easterly Right of Way line of the Tonopah Highway-U. S. 95.
Sec. 35: NE1/4SE1/4
T. 20 S., R. 60 E.,
Sec. 25: W1/2NE1/4NW1/4
W1/2E1/2NE1/4NW1/4
PARCEL 2.
In Sec. 13, T. 20 S., R. 60 E.,
Portion of S1/2NE1/4SE1/4SE1/4-1.1 acres
PARCEL 3.
In Sec. 13, T. 20 S., R. 60 E.,
N1/2SE1/4SE1/4-3.1 acres
PARCEL 4.
In Sec. 24, T. 20 S., R. 60 E.,
Lot 21, Block 5-Curtis Park Unit #2
Sec. 161. During their respective initial terms of office and until the effective date of the first increase or decrease in these salaries pursuant to subsection 5 of section 13 of this act:
1. The mayor of the city of Las Vegas shall receive an annual salary in the amount of $15,000.
2. The members of the board of commissioners of the city of Las Vegas shall receive, in addition to their salaries as members of the board of county commissioners of Clark County as prescribed by NRS 245.043, annual salaries in the amount of $6,000.
Sec. 162. Notwithstanding any of the other provisions of this act, the terms of office of all elected officers of the city of Las Vegas in office on January 2, 1977, shall terminate at 11:59 p.m. on that date, and all powers, rights, privileges and immunities, including without limitation the right to receive or recover any salary for the balance of the respective terms for which they were elected, and all responsibilities, duties and liabilities, except any liability against any such officer existing at such time, in any way pertaining to any such officers by virtue of their respective offices shall also terminate at that time.
κ1975 Statutes of Nevada, Page 1267 (CHAPTER 648, SB 601)κ
Sec. 163. 1. Notwithstanding the provisions of subsections 4 to 6, inclusive, of section 126 of this act, for the purpose of electing the 11 members of the board of county commissioners of Clark County and the eight members of the board of commissioners of the city of Las Vegas, there are hereby created seven commissioner districts as follows:
(a) Commissioner district A shall be composed of assembly districts Nos. 1, 2, 5 and 13, from which there shall be elected two county-city commissioners.
(b) Commissioner district B shall be composed of assembly districts Nos. 3, 4, 6 and 8, from which there shall be elected two county-city commissioners.
(c) Commissioner district C shall be composed of assembly districts Nos. 9, 11, 14 and 20, from which there shall be elected two county-city commissioners.
(d) Commissioner district D shall be composed of assembly districts Nos. 10, 12, 15 and 16, from which there shall be elected two county-city commissioners.
(e) Commissioner district E shall be composed of assembly districts Nos. 7 and 17, from which there shall be elected one county commissioner.
(f) Commissioner district F shall be composed of assembly districts Nos. 18 and 19, from which there shall be elected one county commissioner.
(g) Commissioner district G shall be composed of assembly districts Nos. 21 and 22, from which there shall be elected one county commissioner.
2. Assembly districts, as used in subsection 1, refer to and have the meaning conferred by the appropriate provisions of chapter 218 of NRS.
3. The commissioner districts created by subsection 1 shall not be expanded upon, altered or abolished except by act of the legislature or pursuant to an order of a court of competent jurisdiction, in which event the board of county commissioners of Clark County shall apportion itself in the manner prescribed in subsections 4 to 10, inclusive, of section 126 of this act.
Sec. 164. Notwithstanding the provisions of subsections 5 and 8 to 10, inclusive, of section 126 of this act, the 11 members of the board of county commissioners of Clark County and the eight members of the board of commissioners of the city of Las Vegas shall be elected as follows:
1. At the general election in 1976 there shall be elected:
(a) A county commissioner from each of the commissioner districts designated as districts E, F and G in subsection 1 of section 163 of this act, for a term of either 2 years or 4 years as determined in the manner prescribed in paragraph (a) of subsection 2;
(b) Two county-city commissioners from the commissioner district designated as district B in subsection 1 of section 163 of this act, one for a term of 2 years and the other for a term of 4 years as determined in the manner prescribed in paragraph (b) of subsection 2; and
(c) A county-city commissioner from each of the commissioner districts designated as districts A, C and D in subsection 1 of section 163 of this act, for terms of 4 years.
κ1975 Statutes of Nevada, Page 1268 (CHAPTER 648, SB 601)κ
2. Immediately following the declaration of the official results of the general election in 1976 the successful candidates for:
(a) The offices of county commissioner from the commissioner districts designated as districts E, F and G in subsection 1 of section 163 of this act shall meet and determine by lot which one of them shall serve for a term of 2 years and which two of them shall serve for terms of 4 years.
(b) The office of county-city commissioner from the commissioner district designated as district B in subsection 1 of section 163 of this act shall meet and determine by lot which one of them shall serve for a term of 2 years and which shall serve for a term of 4 years.
3. At the general election in 1978 there shall be elected:
(a) A county commissioner from either commissioner district E, commissioner district F or commissioner district G to succeed the county commissioner from either of those districts, as the case may be, who was determined pursuant to paragraph (a) of subsection 2 as having been elected for a term of 2 years at the general election in 1976, for a term of 4 years;
(b) A county-city commissioner from commissioner district B to succeed the county-city commissioner from such district who was determined pursuant to paragraph (b) of subsection 2 as having been elected for a term of 2 years at the general election in 1976, for a term of 4 years; and
(c) A county-city commissioner for each of the commissioner districts A, C and D for terms of 4 years.
4. Thereafter, at each general election the offices of the members of the board of county commissioners and the members of the board of city commissioners shall be filled for terms of 4 years in the order in which their respective terms of office expire.
Sec. 165. 1. Notwithstanding the provisions of subsection 1 of section 135 of this act, there are hereby created in Clark County the following citizens advisory councils:
(a) In commissioner district A, there shall be two such advisory councils:
(1) One of which shall represent assembly districts Nos. 1 and 2; and
(2) One of which shall represent assembly districts Nos. 5 and 13.
(b) In commissioner district B, there shall be two such advisory councils:
(1) One of which shall represent assembly districts Nos. 3 and 8; and
(2) One of which shall represent assembly districts Nos. 4 and 6.
(c) In commissioner district C, there shall be two such advisory councils:
(1) One of which shall represent assembly districts Nos. 14 and 20; and
(2) One of which shall represent assembly districts Nos. 11 and 9.
(d) In commissioner district D, there shall be two such advisory councils:
(1) One of which shall represent assembly districts Nos. 10 and 12; and
(2) One of which shall represent assembly districts Nos. 15 and 16.
κ1975 Statutes of Nevada, Page 1269 (CHAPTER 648, SB 601)κ
(e) In commissioner district E, there shall be one such advisory council which shall represent the commissioner district in general.
(f) In commissioner district F, there shall be one such advisory council which shall represent the commissioner district in general.
(g) In commissioner district G, there shall be one such advisory council which shall represent the commissioner district in general.
2. Commissioner districts and assembly districts, as used in subsection 1, refer to and have the meanings conferred by section 163 of this act and by the appropriate provisions of chapter 218 of NRS, respectively.
3. Except as otherwise provided in subsection 3, the citizens advisory councils created by subsection 1 shall not be expanded upon, altered or abolished except by a special act of the legislature or pursuant to an order of a court of competent jurisdiction, in which event the board of county commissioners of Clark County shall proceed to create new citizens advisory councils in the manner prescribed in subsection 1 of section 135 of this act.
4. The citizens advisory councils created by subsection 1 shall in all respects be governed by the provisions of subsections 2 to 10, inclusive, of section 135 of this act, but the board of county commissioners of Clark County may provide by ordinance that, in addition to the general powers and duties conferred and imposed therein, such advisory councils shall have such other and further duties as the particular needs of the respective areas they represent may require.
Sec. 166. 1. There is hereby created a special local government consolidation committee in Clark County. Such committee shall be composed of the seven members of the board of county commissioners of Clark County who are in office on and after the date this section becomes effective and the mayor and the four members of the board of commissioners of the city of Las Vegas who will be in office on and after the 1st Monday in July 1975.
2. The committee shall elect its own chairman from among its number at its first meeting, which shall be called and presided over by the chairman of the board of county commissioners of Clark County until the permanent chairman is elected. The chairman of the board of county commissioners of Clark County shall call such meeting no later than July 15, 1975.
3. (a) Except as otherwise provided in paragraph (b):
(1) The seven members of the board of county commissioners of Clark County shall have collectively one vote on the committee.
(2) The mayor and the four members of the board of commissioners of the city of Las Vegas shall have collectively one vote on the committee.
(b) In the election of the chairman of the committee, each of the governing bodies shall have five votes, and the board of county commissioners shall determine by lot which five of its number are entitled to vote at such election. If the election for the chairman results in a tie, the winner shall be determined by lot.
4. (a) The committee shall meet at least once a month at a regularly scheduled day, time and place as determined by the chairman thereof at its first meeting, but special meetings may be called at any time by the chairman or any three members of the committee by giving written notice of each special meeting to each member of the committee at least 1 day before the meeting or by mailing the notice to each members place of residence in the county at least 3 days before the meeting.
κ1975 Statutes of Nevada, Page 1270 (CHAPTER 648, SB 601)κ
its first meeting, but special meetings may be called at any time by the chairman or any three members of the committee by giving written notice of each special meeting to each member of the committee at least 1 day before the meeting or by mailing the notice to each members place of residence in the county at least 3 days before the meeting.
(b) The notice of each special meeting shall specify the time, place and purpose of the meeting.
(c) If all members of the committee are present at a special meeting, lack of notice will not invalidate the proceedings or any action taken thereat.
5. The committee, in the interests of governmental efficiency and economic development and in order to effectuate the intention of the legislature expressed in section 4 of this act, shall:
(a) Except as otherwise provided in section 167 of this act, determine which services and offices and departments, or any of the functions thereof:
(1) Of Clark County, except one which is presided over by an elected official, shall be merged into or consolidated with their respective counterparts, or any combination thereof, of the city of Las Vegas.
(2) Of the city of Las Vegas, except one which is presided over by an elected official, shall be merged into or consolidated with their respective counterparts, or any combination thereof, of Clark County.
(3) Of both entities shall be merged into joint county-city offices or departments.
(b) Order the merger or consolidation of such services and offices and departments, or any of the functions thereof, in the manner prescribed in paragraph (a), as should be so merged or consolidated effective the 1st Monday in January 1977.
(c) Prepare a report, including a timetable, containing its recommendations with respect to the merger or consolidation of such services and offices and departments, or any of the functions thereof as should be so merged and consolidated from time to time after the 1st Monday in January 1977, and submit such report to the board of county commissioners of Clark County, the board of commissioners of the city of Las Vegas and the chairman of the legislative committee created by section 168.5 of this act.
(d) Determine which ordinances of Clark County and which ordinances of the city of Las Vegas will best serve the residents and businesses within the city of Las Vegas as the same will exist on the 1st Monday in January 1977, and recommend to the board of commissioners of the city of Las Vegas which ordinances, together with such amendments as the committee deems desirable, the adoption of such ordinances, to become effective on such date. The committee shall also recommend to the board of county commissioners of Clark County the adoption of such ordinances as may be necessary to achieve, as nearly as practicable, uniformity in the ordinances governing the city of Las Vegas and the unincorporated areas of Clark County.
(e) Confer on the preparation of the respective budgets of Clark County and the city of Las Vegas for the 1976-1977 fiscal year.
(f) Examine the operational facilities currently owned or controlled by Clark County and the city of Las Vegas to determine the space available for their respective operations, and prepare a report recommending the allocation and utilization of such space so that no additional facilities, except land, will be required to effect the merger of services pursuant to this act.
κ1975 Statutes of Nevada, Page 1271 (CHAPTER 648, SB 601)κ
Clark County and the city of Las Vegas to determine the space available for their respective operations, and prepare a report recommending the allocation and utilization of such space so that no additional facilities, except land, will be required to effect the merger of services pursuant to this act.
(g) Take such other and further actions as may be necessary to effectuate the intention of the legislature expressed in section 4 of this act.
(h) Hold such public meetings, seminars, workshops and conferences as may be necessary to insure that the people of Clark County and the city of Las Vegas are fully informed on any contemplated changes before such changes are implemented.
(i) Complete its work and disband on or before the 1st Monday in January 1977.
6. (a) No vote may be taken at any meeting of the committee unless a majority of each governing body is present.
(b) A majority vote of all members of each governing body is necessary to determine the vote to be cast for that entity.
7. If the two governing bodies are unable to agree:
(a) Upon any issue or combination of issues, the governing bodies shall, except as otherwise provided in paragraph (b), postpone the decision on such issue or combination of issues until after the 1st Monday in January 1977, for the decision of the board of county commissioners.
(b) Upon the committees recommendation to the respective governing bodies on their budgets for the 1976-1977 fiscal year, the governing bodies shall submit the matter to the Nevada tax commission (or the department of taxation if such a department is created by the 58th session of the legislature) in sufficient time for it to reach a decision thereon prior to February 1, 1976. The decision of the Nevada tax commission or the department of taxation shall be final and conclusive upon both governing bodies and shall, unless otherwise agreed upon, constitute the recommendation of the committee.
8. The committee may employ such staff in addition to the staff available to it through the governing bodies, and retain such consultants, as it deems necessary for the performance of its functions.
Sec. 167. 1. Notwithstanding any of the other provisions of this act, it is hereby declared as a matter of legislative determination that in Clark County the following services and functions shall be performed by the entity as designated in paragraphs (a) and (b) or by a joint county-city department as provided in paragraph (c):
(a) By Clark County:
(1) Airports except those administered by an incorporated city.
(2) Hospital.
(3) Juvenile institutions.
(4) Countywide general planning.
(5) Mass transportation.
(6) Regional sewage collection and treatment.
(b) By the city of Las Vegas:
(1) Community development bloc grants.
(2) Fire protection.
(3) Parking facilities and parking meters.
κ1975 Statutes of Nevada, Page 1272 (CHAPTER 648, SB 601)κ
(c) By joint county-city departments:
(1) Building inspection and code enforcement.
(2) Administrator or manager.
(3) Finance.
(4) Licensing of businesses, trades and occupations.
(5) Liquor and gaming control.
(6) Automotive services.
(7) Personnel.
(8) Purchasing.
(9) Public works and engineering.
(10) Parks and recreation.
(11) Solid waste.
(12) Planning and zoning.
2. Any other services or functions may be performed by Clark County or the city of Las Vegas or by joint county-city departments as may be determined by the special local government consolidation committee created by section 166 of this act.
3. The board of county commissioners of Clark County, and the board of commissioners of the city of Las Vegas shall enter into a written agreement or agreements providing for the administration of the joint county-city departments created to perform the services and functions described in paragraph (c) of subsection 1 and in subsection 2, the jurisdiction of the respective boards over these departments, the division of any revenues derived from them, and the financing of their operations either by establishing and maintaining joint funds therefor or by such other method of funding as may be mutually agreed upon.
4. The board of county commissioners of Clark County and the board of commissioners of the city of Las Vegas may apportion all revenues of the two entities in such manner as is necessary to fund the expenditures of their respective services and functions determined in accordance with this section. There is no restriction on the apportionment of such revenues except those restrictions imposed in existing bond covenants and those with respect to revenues which are designated by law for a specific purpose only. The intent of this subsection is to provide for the development of a financial plan which will support all services and functions that are currently provided by Clark County and the City of Las Vegas and thereby insure that there will be, as nearly as practicable within the revenues available to both entities, no diminution of service to the public.
Sec. 168. The negotiating representatives of Clark County and the city of Las Vegas shall participate jointly in the negotiations with the respective employee organizations for the 1976-1977 fiscal year.
Sec. 168.5. 1. There is hereby created a special interim committee of the legislature, consisting of three senators and four assemblymen from Clark County, to be appointed by the chairman of the Clark County delegation, which shall meet with the local government consolidation committee created by section 166 of this act at least once each month from July 1975, to January 1977, inclusive.
2. The local government consolidation committee shall prepare and submit to the special interim committee at such times as it determines reports on the progress of the consolidation committee and recommendations for changes in state laws to carry out the purposes of this act.
κ1975 Statutes of Nevada, Page 1273 (CHAPTER 648, SB 601)κ
reports on the progress of the consolidation committee and recommendations for changes in state laws to carry out the purposes of this act.
3. The special interim committee shall recommend to the 59th session of the legislature such legislation as is needed fully to carry out the purposes of this act, and deliver such recommendations to the legislative counsel for drafting.
Sec. 169. If any portion of this act 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 act. The legislature hereby declares that it would have passed this act and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
Sec. 170. 1. All rights and property of every kind and description which were vested in the city of Las Vegas prior to the effective date of this section shall be deemed to be vested in the same municipal corporation on the effective date of this act. All of the powers, rights, privileges, immunities, duties, obligations and liabilities of the city of Las Vegas existing prior to the effective date of this section shall remain as if no change had been made, and no action or prosecution shall be affected by such change and the same shall stand and progress as if such change had not been made.
2. Whenever a different remedy is given by this act, which may properly be made applicable to any right existing on the effective date of this section, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the city of Las Vegas prior to the effective date of this section shall, unless in conflict with the provisions of this act, continue in full force and effect until amended or repealed.
4. The adoption of this act shall not effect any change in the legal identity of the city of Las Vegas.
5. The adoption of this act shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary law, except the charter of the city of Las Vegas.
(b) Any law or ordinance making an appropriation.
(c) Any law or 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 section becomes effective.
(e) Any bond of any public officer.
Sec. 170.5. The city of North Las Vegas shall continue to provide water service in its present service area outside its city limits, without impairment of such service or the related investment by any provision of this act, unless it elects to negotiate a sale of that portion of its water system which is outside its city limits to the Las Vegas Valley Water District at a price and upon terms mutually agreed. So long as reasonable service at a rate uniform with the rate charged within the city is provided by the city of North Las Vegas, no other city, nor any water district or Clark County, may provide additional water service in the same area.
κ1975 Statutes of Nevada, Page 1274 (CHAPTER 648, SB 601)κ
Sec. 171. 1. NRS 244.017, 280.130, 280.140 and 280.200 are hereby repealed.
2. Chapter 515, Statutes of Nevada 1971, at page 1063, entitled An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 24, 1971, and all acts amendatory thereof, and chapter 808, Statutes of Nevada 1973, at page 1848, entitled An Act relating to local government; providing for the appointment of committees and the preparation of a plan for local government in Clark County; enlarging the city of Las Vegas; imposing a moratorium on incorporations of cities in Clark County; and providing other matters properly relating thereto, approved May 4, 1973, and all acts amendatory thereof, are hereby repealed.
Sec. 172. 1. This section shall become effective upon passage and approval.
2. If Assembly Bill No. 608 of the 58th session of the Nevada legislature becomes effective on July 1, 1975, sections 147 and 148 of this act shall not become effective.
3. If Assembly Bill No. 608 of the 58th session of the Nevada legislature becomes effective on July 1, 1975, section 150 of this act shall become effective on January 3, 1977, and section 151 of this act shall not become effective. If Assembly Bill No. 608 of the 58th session of the Nevada legislature is not enacted, section 150 of this act shall not become effective and section 151 of this act shall become effective on January 3, 1977.
4. If Assembly Bill No. 608 of the 58th session of the Nevada legislature becomes effective on July 1, 1975, section 153 of this act shall become effective on January 3, 1977, and section 154 of this act shall not become effective. If Assembly Bill No. 608 of the Nevada legislature is not enacted, section 153 of this act shall not become effective and section 154 of this act shall become effective on January 3, 1977.
5. Sections 144 and 146 of this act and the repeal of chapter 808, Statutes of Nevada 1973, provided for in section 171 of this act, shall become effective upon passage and approval.
6. Section 141 of this act shall become effective at 12:01 a.m. on July 1, 1975.
7. Section 162 of this act shall become effective at 12:01 a.m. on January 3, 1977.
8. Sections 139, 156 to 161, inclusive, 165, 170 and 170.5 of this act, and the repeal of NRS 244.017 and 280.200 and chapter 515, Statutes of Nevada 1971, provided for in section 171 of this act shall become effective on January 3, 1977.
9. Sections 97, 163 and 164 of this act shall become effective:
(a) On January 1, 1976, for the purposes of nominating and electing candidates for the elective offices provided for in this act at the general election in 1976.
(b) On January 3, 1977, for all other purposes.
10. The remaining sections of this act shall become effective on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1275κ
Senate Bill No. 605Committee on Government Affairs
CHAPTER 649
AN ACT relating to local government revenues; altering the formula for the apportionment of certain tax revenues in counties where a metropolitan city is organized; limiting the imposition of certain license taxes by such cities; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 268.095 is hereby amended to read as follows:
268.095 1. [The] Except as otherwise provided in section 2 of this act, the city council or other governing body of each incorporated city or town in the State of Nevada, whether or not organized under general law or special charter, shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) To assign the proceeds of any one or more such license taxes to the county within which such city or town is situated for the purpose or purposes of making such proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244.640 to 244.780, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. Any license tax levied under the provisions of this section shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
κ1975 Statutes of Nevada, Page 1276 (CHAPTER 649, SB 605)κ
2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
3. The city council or other governing body of each incorporated city or town may delegate the power and authority to enforce such liens to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244.640 to 244.780, inclusive, is confidential and shall not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing such license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
4. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 2. Chapter 364 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A city organized under the Metropolitan Cities Incorporation Law shall not fix, impose or collect a license tax on:
1. The telephone business, the business of furnishing or supplying heating or illuminating gas, or the supplying of water.
2. The business of furnishing or supplying of electric current, at a rate greater than 1 percent of total operating revenues after exclusion of sales to governmental agencies of the United States or this state, to other utilities and to industrial plants.
Sec. 3. NRS 369.173 is hereby amended to read as follows:
369.173 The state controller shall distribute, on a monthly basis, five-nineteenths of that portion of the moneys collected during the preceding month under NRS 369.330 which is derived from the tax on liquor containing more than 22 percent of alcohol by volume among Carson City and the counties of this state in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and shall apportion such moneys within the counties as follows:
1. If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
2. If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
3. [If] Except as otherwise provided in subsection 4, if there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1975 Statutes of Nevada, Page 1277 (CHAPTER 649, SB 605)κ
apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
4. In a county in which one city is organized under the Metropolitan Cities Incorporation Law, 68.5 percent of the money shall be apportioned to that city and the remainder among the other cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
In Carson City the entire amount shall go into the city treasury.
Sec. 4. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature shall specify from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit the same to the credit of the tax commission. Such deposited moneys shall be expended by the tax commission in accordance with its work program established pursuant to law.
(b) Transmit the balance of such payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(c) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce; the amount in such fund which was collected during the preceding month shall be apportioned and distributed by the state treasurer as follows:
(a) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
(2) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(3) If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount shall go into the county treasury.
κ1975 Statutes of Nevada, Page 1278 (CHAPTER 649, SB 605)κ
(2) If there is one incorporated city or one unincorporated town within the county the money shall be apportioned between the city or town and the county on the basis of the population of such city or town and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.
(3) [If] Except as otherwise provided in subparagraph (4), if there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount shall be apportioned among such cities or towns in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.
(4) In a county in which one city is organized under the Metropolitan Cities Incorporation Law, 68.5 percent of the money shall be apportioned to that city and the remainder among the other cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) In Carson City the entire amount shall go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 5. NRS 377.050 is hereby amended to read as follows:
377.050 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances made payable to the Nevada tax commission.
2. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the city-county relief tax fund hereby created.
3. The state controller, acting upon the collection data furnished by the secretary of the tax commission, shall monthly:
(a) Transfer from the city-county relief tax fund 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the cost of collecting the tax for the counties.
(b) Determine for each county an amount of money equal to the sum of:
(1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and
(2) That proportion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
κ1975 Statutes of Nevada, Page 1279 (CHAPTER 649, SB 605)κ
(c) Remit the amount determined for each county in the following manner:
(1) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(2) [If] Except as otherwise provided in subparagraph (4), if there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.
(3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.
(4) In a county in which one city is organized under the Metropolitan Cities Incorporation Law, 68.5 percent of the money shall be apportioned to that city and the remainder among the other cities in proportion to their respective populations.
4. The provisions of paragraph (c) of subsection 3 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.
5. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 6. Section 51 of Senate Bill No. 601 of the 58th session of the legislature is hereby amended to read as follows:
Sec. 51. 1. The board of commissioners may:
(a) Except as otherwise provided in section 2 of this act and subsection 2 [,] of this section, license and regulate all lawful businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, upon all such businesses, trades and professions, and provide an equitable standard for fixing such license taxes.
(c) Suspend or revoke the license of any such business, trade or profession for failing to comply with any such regulation in such manner as may be prescribed by ordinance.
2. No person, firm or corporation licensed by an agency of the state to conduct or practice any business, trade or profession, except as otherwise provided in subsection 3, may be denied a license to conduct or practice such business, trade or profession, nor may such license be suspended or revoked, if such person, firm or corporation conforms to all regulations established by such agency, pays to the city such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance and the business location thereof complies with all requirements of all zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the city.
3. The board of commissioners may provide by ordinance regulations restricting the number, location and method of operation of and the qualifications for ownership in liquor-dispensing or gaming establishments, businesses engaged in the manufacture or distribution, or both the manufacture and distribution, of liquor or gaming devices and such other businesses, trades or professions as may be declared by such ordinance to be privileged, and prescribing the circumstances under and the manner in which licenses with respect thereto may be denied, limited, suspended or revoked.
κ1975 Statutes of Nevada, Page 1280 (CHAPTER 649, SB 605)κ
privileged, and prescribing the circumstances under and the manner in which licenses with respect thereto may be denied, limited, suspended or revoked.
Sec. 7. This act shall become effective only if the Metropolitan Cities Incorporation Law is enacted by the 58th session of the legislature, and in that case:
1. This section and sections 1, 2 and 6 shall become effective on July 1, 1975.
2. Sections 3, 4 and 5 shall respectively become effective on the respective dates of the first apportionment of the respective taxes after the first city is organized under the Metropolitan Cities Incorporation Law.
________
Assembly Bill No. 265Assemblymen Hayes, Demers, Mann, Brookman, Craddock, Sena, Schofield, Wittenberg, Mello, Banner, Benkovich and Christensen
CHAPTER 650
AN ACT relating to trade practices; establishing standards of conduct under certain agreements for the supplying of petroleum products; and providing other matters properly relating thereto.
[Approved May 21, 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 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context requires otherwise:
1. Franchise or franchise agreement means a written agreement between a supplier and a service station operator under which the service station operator is granted the right:
(a) To use a trade-mark, trade name, service mark or other identifying symbol or name owned by the supplier; or
(b) To occupy premises owned, leased or controlled by the supplier, for the purpose of engaging in the retail sale of petroleum products of the supplier.
2. Service station means an establishment where service may be obtained for motor vehicles and which sells oil, gasoline and other petroleum products.
3. Supplier means any person, partnership, corporation or other form of business enterprise which refines, manufactures, compounds or otherwise produces petroleum products and sells or distributes them to service stations.
4. Wholesale purchaser means any person, partnership, corporation or other form of business enterprise which purchases petroleum products from a supplier and distributes them to service stations or to individual or business consumers.
κ1975 Statutes of Nevada, Page 1281 (CHAPTER 650, AB 265)κ
Sec. 3. No supplier may, directly or indirectly or through any officer, agent or employee:
1. Prohibit, directly or indirectly, the right of free association among service station operators or wholesale purchasers for any lawful purpose.
2. Fail to act in good faith in performing or complying with any term or provision of, or collateral to, a franchise or a cantract with a wholesale purchaser.
3. Terminate or cancel a franchise or contract with a wholesale purchaser without good cause.
4. Use undue influence to induce a service station operator to surrender any right given to the service station operator by any provision contained in the franchise.
5. Cancel, terminate, fail to renew or threaten the cancellation, termination or nonrenewal of any franchise because of the service station operators failure to purchase merchandise or products sold by the supplier where the requirement that the service station operator sell exclusively the merchandise or products of the supplier would be a violation of any law, rule or regulation of this state or of the United States.
6. Change or modify any restrictions upon nonpetroleum related business activities of the service station operator during the term of the franchise.
7. Unreasonably reduce, limit or curtail the supply of gasoline or other petroleum products to any service station operator or wholesale purchaser.
8. Cancel or terminate a franchise solely to secure for its own account a successful or profitable service station.
9. Place unreasonable restrictions upon nonpetroleum related business activities of the service station operator or upon any business activities of a wholesale purchaser.
10. Enter into any franchise agreement with a service station operator which is not in writing and signed by all parties to such agreement, or their agents.
Sec. 3.5. 1. No supplier may fail to renew the franchise of any service station operator without fairly compensating such operator at a fair going business value for his capital investment if:
(a) The capital investment was entered into with reasonable and prudent business judgment for the purpose of fulfilling the franchise; and
(b) The cancellation or failure to renew was not done in good faith.
2. For the purposes of this section, capital investment includes, but is not limited to, tools, equipment and parts inventory possessed by the dealer on the day of notification of cancellation or nonrenewal and which are still within possession of the service station operator on the day the nonrenewal is effective.
Sec. 4. 1. Except as otherwise provided in subsection 2 or 3, no supplier, directly or indirectly, or through an officer, agent or employee may terminate, cancel or fail to renew a franchise or a contract with a wholesale purchaser without first giving to the service station operator or wholesale purchaser written notice as follows:
(a) In case of cancellation or termination, specifying all matters of claimed noncompliance with the agreement and allowing the other party at least 30 days to comply with the terms of the agreement.
κ1975 Statutes of Nevada, Page 1282 (CHAPTER 650, AB 265)κ
claimed noncompliance with the agreement and allowing the other party at least 30 days to comply with the terms of the agreement. If the other party does not comply, termination shall be effective the date set forth in the notice.
(b) At least 30 days in advance of the expiration of a term of an agreement, specifying:
(1) All the reasons for any intention of the supplier not to renew; or
(2) Any change in price, rent, terms or conditions to which renewal of the agreement is subject.
2. Where the alleged ground is voluntary abandonment by the service station operator of the franchise relationship, or by the wholesale purchaser of his contract, such written notice may be given 3 days in advance of such termination or cancellation.
3. Where the alleged ground is the conviction of the service station operator of a crime punishable as a felony and related to the business conducted pursuant to the franchise, termination, cancellation or failure to renew may be effective immediately.
Sec. 5. The failure of a supplier to serve notice upon the service station operator or wholesale purchaser as required in section 4 of this act constitutes a grant of the option by the supplier to the operator to renew the franchise or contract for a period of 1 year under the same price, rent, terms and conditions of the expiring agreement. Such option expires 45 days from the date when notice should have been served, unless exercised by written notice to the supplier.
Sec. 6. All notices required of suppliers under section 4 or 5 of this act shall be given in writing by certified mail, return receipt requested, to the address indicated in the agreement or as subsequently changed by the party in writing or if no address was designated, to the partys place of business.
Sec. 7. 1. A service station operator, wholesale purchaser or supplier may bring an action against the other party for violation of their respective agreements and may:
(a) Recover the damages sustained.
(b) Obtain injunctive relief to prevent loss of rights or restore rights lost.
2. The remedies provided in this section are independent of and supplemental to any other remedy available to the service station operator, wholesale purchaser or supplier in law or equity.
3. In any action under this section the prevailing party is entitled to recover from the losing party all costs incurred, including reasonable attorney fees.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1283κ
Assembly Bill No. 608Assemblyman Dreyer
CHAPTER 651
AN ACT relating to metropolitan police departments, designating boards of county commissioners to serve, ex officio, as metropolitan police commissions; deleting certain provisions relating to the budget for the metropolitan police department; revising provisions relating to funding apportionment plan; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 280.010 is hereby amended to read as follows:
280.010 1. The legislature finds:
(a) That there is substantial duplication of functions, manpower and expenses between the city and county law enforcement agencies in this state.
(b) That merger of city and county law enforcement agencies would increase the efficiency of such agencies by increasing communication facilities, lowering purchasing costs and coordinating law enforcement efforts throughout the metropolitan areas.
(c) That the best community interest can be served by delegating ultimate police commission responsibilities to the board of county commissioners.
2. It is the purpose of this chapter to provide the means whereby the respective law enforcement agencies of the cities and counties in this state may merge into county-wide metropolitan police departments.
Sec. 2. NRS 280.070 is hereby amended to read as follows:
280.070 Police commission means a board of county commissioners serving, ex officio, as a metropolitan police commission.
Sec. 3. NRS 280.130 is hereby amended to read as follows:
280.130 [1. The county and each participating city is entitled to at least one representative on the metropolitan police commission.
2. In those counties which have:
(a) Only one participating city, the police commission shall be composed of six members, three from the city and three from the county.
(b) More than one participating city, the police commission shall be increased in number by one for each additional participating city.
3. Each representative of a participating political subdivision shall be a member of its governing body.] The board of county commissioners shall serve, ex officio, as the metropolitan police commission.
Sec. 4. NRS 280.170 is hereby amended to read as follows:
280.170 1. The police commission shall elect one of their number as chairman of the commission. [When the commission is comprised of only six members, the chairman shall have no vote.]
2. The police commission shall employ a clerk and may employ other clerical personnel necessary to the discharge of its duties. The clerk shall be secretary for the commission.
Sec. 5. NRS 280.190 is hereby amended to read as follows:
NRS 280.190 The police commission shall:
κ1975 Statutes of Nevada, Page 1284 (CHAPTER 651, AB 608)κ
1. Cause to be prepared and approve an annual operating budget for the department.
2. Submit such budget to the governing bodies of the participating political subdivisions prior to February 1 for funding for the following fiscal year.
3. Cause to be prepared [the] a funding apportionment plan [provided for in NRS 280.200] and submit such plan to the governing bodies of the participating political subdivisions and the department of taxation for approval. The Nevada tax commission has the final right of approval for such plan and shall act as an arbitrator if the local governing bodies cannot agree on the funding apportionment [.] ; but such apportionment may not require the city which is the county seat of the county to contribute more than an amount equal to $1.94 ad valorem tax on each $100 of assessed valuation of taxable property within such city until such funding apportionment plan is modified by the Nevada tax commission.
4. Cause a new funding apportionment plan to be prepared:
(a) Every 10 years upon ascertaining the results of the national decennial census taken by the Bureau of the Census of the United States Department of Commerce;
(b) If the law enforcement agencies of additional cities are merged into an existing department; and
(c) At intervals of not less than 4 years upon request by a majority vote of each of a majority of the governing bodies of the participating political subdivisions. If only one city is participating in a department, the police commission shall prepare a new plan under the provisions of this paragraph only upon request by a majority vote of each of the governing bodies of the participating political subdivisions.
Sec. 6. NRS 280.140 and 280.200 are hereby repealed.
Sec. 7. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 594Committee of Commerce
CHAPTER 652
AN ACT relating to the Nevada Insurance Code; making certain administrative and technical changes in the law affecting trade practices and frauds; providing penalties; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Notwithstanding any other provision of law, the commissioner has exclusive jurisdiction in regulating the subject of trade practices in the business of insurance in this state.
Sec. 3. 1. After the hearing provided for in NRS 686A.160, the commissioner shall issue his order on hearing pursuant to NRS 679B.360.
κ1975 Statutes of Nevada, Page 1285 (CHAPTER 652, AB 594)κ
commissioner shall issue his order on hearing pursuant to NRS 679B.360. If the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, he shall order such person to cease and desist from engaging in such method of competition, act or practice, and if the method of competition, act or practice is a violation of NRS 686A.030 to 686A.150, inclusive, NRS 686A.190 to 686A.290, inclusive, or section 6 of this act, the commissioner may, in his discretion, order one or both of the following:
(a) If the person knew or reasonably should have known that he was in violation of this chapter, payment of an administrative fine of not more than $1,000 for each act or violation, but not to exceed an aggregate penalty of $10,000, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine shall not exceed $500 for each act or violation.
(b) Suspension or revocation of the persons license if he knew or reasonably should have known that he was in violation of this chapter.
2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been duly filed within such time, or, if a petition for review has been filed within such time, then until the official record in the proceeding has been filed with the court, the commissioner may, at any time, upon such notice and in such manner as he deems proper, modify or set aside, in whole or in part, any order issued by him under this section.
3. After the expiration of the time allowed for taking an appeal, if no petition for review has been duly filed within such time, the commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest so requires.
Sec. 4. 1. An order issued by the commissioner under section 3 of this act is subject to review pursuant to the provisions of NRS 679B.370.
2. An order issued by the commissioner under section 3 or 5 of this act shall become final:
(a) Upon the expiration of the time allowed for taking an appeal, if no petition for review has been duly filed within such time, except that the commissioner may thereafter modify or set aside his order to the extent provided in subsection 3 of section 3 of this act; or
(b) Upon the final decision of the court if the court directs that the order of the commissioner be affirmed or the petition for review dismissed.
Sec. 5. Any person who violates a cease and desist order of the commissioner issued under section 3 of this act, except one issued with respect to NRS 686A.170, is subject, in the discretion of the commissioner, after notice and hearing and upon order of the commissioner, to one or both of the following:
1. Payment of an administrative fine of not more than $5,000 for each and every violation.
2. Suspension or revocation of the license.
Sec. 6. Engaging in any of the following activities with such frequency as to indicate a general business practice shall be considered an unfair claims settlement practice:
κ1975 Statutes of Nevada, Page 1286 (CHAPTER 652, AB 594)κ
1. Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverage at issue.
2. Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
3. Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.
4. Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.
5. Failing to effectuate prompt, fair and equitable settlements of claims in which liability of the insurer has become reasonably clear.
6. Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds, when such insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.
7. Attempting to settle a claim by an insured for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application.
8. Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured, his representative, agent or broker.
9. Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made.
10. Making known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
11. Delaying the investigation or payment of claims by requiring an insured or a claimant, or the physician of either, to submit a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.
12. Failing to settle claims promptly, where liability has become apparent, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
Sec. 7. NRS 679B.180 is hereby amended to read as follows:
679B.180 1. The commissioner [, upon the advice of and through the attorney general,] may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this code, or to enforce any proper order made by him or action taken by him.
2. If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the appropriate district attorney or to the attorney general. The district attorney or attorney general shall promptly institute such action or proceedings against such person as in his opinion the information may require or justify.
κ1975 Statutes of Nevada, Page 1287 (CHAPTER 652, AB 594)κ
shall promptly institute such action or proceedings against such person as in his opinion the information may require or justify.
3. Except as otherwise [specifically] provided in [this code,] Title 57 of NRS, the attorney general shall act as legal counsel to the division and the commissioner in all matters pertaining to the administration and enforcement of this code.
Sec. 8. NRS 686A.020 is hereby amended to read as follows:
686A.020 [No] A person shall not engage in this state in any practice which is defined in NRS 686A.030 to 686A.150, inclusive, or section 6 of this act, or determined pursuant to NRS 686A.170 to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Sec. 9. NRS 686A.030 is hereby amended to read as follows:
686A.030 [No] A person shall [:
1. Make,] not make, issue, circulate or cause to be made, issued or circulated, any estimate, illustration, circular [or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to received thereon; or
2. Make] , statement, sales presentation or comparison which:
1. Misrepresents the benefits, advantages, conditions or terms of any insurance policy;
2. Misrepresents the dividends or share of the surplus to be received on any insurance policy;
3. Makes any false or misleading statement as to the dividends or share of surplus previously paid on [similar policies; or
3. Make any misleading representation or any] any insurance policy;
4. Is misleading or is a misrepresentation as to the financial condition of any [insurer,] person, or as to the legal reserve system upon which any life insurer operates; [or
4. Use]
5. Uses any name or title of any policy or class of insurance policies misrepresenting the true nature thereof; [.]
6. Is a misrepresentation for the purpose of inducing or tending to induce the lapse, forfeiture, exchange, conversion or surrender of any insurance policy;
7. Is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or
8. Misrepresents any insurance policy as being shares of stock.
Sec. 10. NRS 686A.070 is hereby amended to read as follows:
686A.070 1. [No] A person subject to regulation under this code shall not knowingly make or cause to be made any false entry of a material fact in any book, report or statement of any [insurer with intent to injure or defraud the insurer or any other person, or to deceive any officer of the insurer, or the commissioner or any examiner appointed to examine the affairs of the insurer. Any person who violates, or with like intent aids or abets any such violation of, this subsection is guilty of a felony.
2. No person shall with intent to deceive the insurer, or the commissioner or any examiner appointed to examine into the insurers affairs, willfully] person or knowingly omit to make a true entry of any material fact pertaining to [the insurers] such persons business in any book, report or statement of [the insurer.
κ1975 Statutes of Nevada, Page 1288 (CHAPTER 652, AB 594)κ
willfully] person or knowingly omit to make a true entry of any material fact pertaining to [the insurers] such persons business in any book, report or statement of [the insurer. A violation of this subsection shall be subject to the same penalty as prescribed in subsection 1.
3. No] such person.
2. A person shall not knowingly file with any supervisory or other public officer, or knowingly make, publish, disseminate, circulate or deliver to any person, or place before the public, or knowingly cause directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement of fact as to the financial condition of [an insurer with intent to deceive.
4. No person shall advertise the capital or assets of an insurer without in the same advertisement setting forth the amount of the insurers liabilities.] a person.
3. Any person who violates, or with like intent, aids or abets any violation of this section is guilty of a gross misdemeanor.
Sec. 11. NRS 686A.160 is hereby amended to read as follows:
686A.160 [1.] If the commissioner has cause to believe that any person [is engaged in any unfair method of competition or act or practice defined or prohibited in NRS 686A.030 to 686A.290, inclusive, he shall order such person to cease and desist therefrom. The commissioner shall deliver such order to] has been engaged or is engaging, in this state, in any unfair method of competition or any unfair or deceptive act or practice prohibited by NRS 686A.030 to 686A.150, inclusive, NRS 686A.190 to 686A.290, inclusive, or by section 6 of this act, and that a proceeding by him in respect thereto would be in the interest of the public, he may issue and serve upon such person a statement of the charges in that respect and a notice of the hearing to be held thereon. Such statement of charges and notice of hearing shall comply with the requirements of NRS 679B.320 and shall be served upon such person directly or by certified or registered mail, return receipt requested. [If the person fails to comply therewith within 20 days after he has received the cease and desist order and does not make written request for hearing thereon within such time, he shall forfeit to the people of this state not to exceed $500 for each violation committed thereafter, such penalty to be recovered by an action prosecuted by the commissioner.
2. If a hearing is so requested, the commissioner shall hold a hearing, and thereafter proceed as provided under this code with respect to hearings in general.
3. If after such a hearing the violation is confirmed by final order of the commissioner, the violator shall be subject to the penalty provided in subsection 1, together with the payment of the costs of the hearing as determined by the commissioner.
4. No order of the commissioner pursuant to this section or order of court to enforce it shall in any way relieve or absolve any person affected by such order from any other liability, penalty or forfeiture applicable under the law.]
Sec. 12. NRS 686A.170 is hereby amended to read as follows:
686A.170 1. If the commissioner believes that any person engaged in the insurance business is in the conduct of such business engaging in this state in any method of competition or in any act or practice not defined in this chapter which is unfair or deceptive and that a proceeding by him in respect thereto would be in the public interest, the commissioner shall, after a hearing of which notice and of the charges against such person are given him, make a written report of his findings of fact relative to such charges and serve a copy thereof upon such person and any intervenor at the hearing.
κ1975 Statutes of Nevada, Page 1289 (CHAPTER 652, AB 594)κ
the insurance business is in the conduct of such business engaging in this state in any method of competition or in any act or practice not defined in this chapter which is unfair or deceptive and that a proceeding by him in respect thereto would be in the public interest, the commissioner shall, after a hearing of which notice and of the charges against such person are given him, make a written report of his findings of fact relative to such charges and serve a copy thereof upon such person and any intervenor at the hearing.
2. If such report charges a violation of this chapter and if such method of competition, act or practice has not been discontinued, the commissioner may, through the attorney general, at any time after 20 days after the service of such report cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business to enjoin and restrain such person from engaging in such method, act or practice. The court shall have jurisdiction of the proceeding and shall have the power to make and enter appropriate orders in connection therewith and to issue such writs or orders as are ancillary to its jurisdiction or necessary in its judgment to prevent injury to the public pendente lite; but the State of Nevada shall not be required to give security before the issuance of any such order or injunction under this section. If a stenographic record of the proceedings in the hearing before the commissioner was made, a certified transcript thereof including all evidence taken and the report and findings shall be received in evidence in such action.
3. If the court finds that:
(a) The method of competition complained of is unfair or deceptive; and
(b) The proceedings by the commissioner with respect thereto are to the interest of the public; and
(c) The findings of the commissioner are supported by the weight of the evidence,
it shall issue its order enjoining and restraining the continuance of such method of competition, act or practice.
4. Either party may appeal from such final judgment or order or decree of court in a like manner as provided for appeals in civil cases.
5. If the commissioners report made under subsection 1 or order on hearing made under NRS 679B.360 does not charge a violation of this chapter, then any intervenor in the proceedings may appeal therefrom within the time and in the manner provided in this code for appeals from the commissioner generally.
6. Upon violation of any injunction issued under this section, the commissioner, after a hearing thereon, may impose the appropriate penalties provided for in section 5 of this act.
________
κ1975 Statutes of Nevada, Page 1290κ
Assembly Bill No. 662Committee on Judiciary
CHAPTER 653
AN ACT relating to sales of decedents estates; authorizing the executor or administrator to make certain contracts with brokers or a multiple group of agents or brokers; increasing maximum limit on commissions on such contracts; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 148.110 is hereby amended to read as follows:
148.110 1. The executor or administrator may enter into a written contract with any bona fide agent, broker or multiple group of agents or brokers to secure a purchaser for any real or personal property of the estate, which contract may grant an exclusive right to sell and shall provide for the payment to the agent, broker or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured [by him of] pursuant to such contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale; and when the sale is confirmed to the purchaser the contract shall be binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract no personal liability shall attach to the executor or administrator, and no liability of any kind shall be incurred by the estate unless an actual sale is made and confirmed by the court.
3. The commission in no case shall exceed: [5 percent.]
(a) Ten percent for unimproved real property.
(b) Seven percent for all other property.
Sec. 2. NRS 148.120 is hereby amended to read as follows:
148.120 In case of sale on an increased bid made at the time of confirmation to a purchaser not procured by the agent, broker or multiple group of agents or brokers holding the contract, the court shall allow a commission on the full amount for which the sale is confirmed, one-half of the commission on the original bid to be paid to the agent, broker or multiple group of agents or brokers whose bid was returned to the court for confirmation and the balance of the commission on the purchase price to the agent, broker or multiple group of agents or brokers, if any, who procured the purchaser to whom the sale is confirmed.
________
κ1975 Statutes of Nevada, Page 1291κ
Assembly Bill No. 664Assemblymen Sena, Craddock, Hayes, Demers, Harmon, Bennett, Chaney, Coulter, Wagner, Ford, Dreyer and Barengo
CHAPTER 654
AN ACT relating to victims of rape and their spouses; authorizing counties to adopt ordinances providing counseling and medical treatment for such persons at county expense; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 217 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, rape victim means a person who has been raped as defined by NRS 200.363.
Sec. 2.5. The board of county commissioners of any county may provide by ordinance for the counseling and medical treatment of rape victims in accordance with the provisions of sections 2 to 8, inclusive, of this act.
Sec. 3. 1. Any rape victim may request and receive initial emergency medical care at a hospital for any physical injuries which resulted from the rape.
2. Any costs incurred for such treatment, not exceeding $1,000, shall be charged to and paid by the county in whose jurisdiction the offense was committed, if the victim will execute an affidavit declaring that she is a rape victim and if the county has an ordinance providing for the payment of such costs.
Sec. 4. 1. Any rape victim or spouse of a rape victim who suffers emotional trauma as a result of the rape may, upon submitting an affidavit as required by subsection 2, apply to the board of county commissioners in the county where the rape occurred for treatment at county expense.
2. The board may approve such application for treatment upon receiving an affidavit from the applicant declaring that:
(a) Such applicant is a rape victim or spouse of a rape victim;
(b) The rape occurred in the county; and
(c) He or she has suffered emotional trauma as a result of the rape.
3. The filing of a criminal complaint against the alleged offender is a prerequisite to qualify for treatment under the provisions of this section.
Sec. 5. 1. Upon approval by the board of county commissioners as provided in section 4 of this act, treatment in the form of psychological, psychiatric and marital counseling shall be made available to the rape victim and spouse at a county hospital or such other facility as the board may contract with for the purpose of providing such treatment.
2. Any costs for treatment provided pursuant to this section, not exceeding $1,000, shall be paid by the county which authorized the treatment.
Sec. 6. 1. The board of county commissioners shall require the psychologist, psychiatrist or counselor treating a rape victim or spouse of a rape victim to certify from time to time that the counseling relates to the rape and that the rape victim or spouse of a rape victim still suffers from the effects of the emotional trauma which resulted from the rape.
κ1975 Statutes of Nevada, Page 1292 (CHAPTER 654, AB 664)κ
rape and that the rape victim or spouse of a rape victim still suffers from the effects of the emotional trauma which resulted from the rape.
2. If the person providing the treatment fails to make such certification upon request by the board, the board may order the treatment terminated.
Sec. 7. In the performance of its functions under sections 2 to 8, inclusive, of this act, the board of county commissioners may adopt, rescind and amend regulations prescribing the procedures to be followed in the filing of applications and for such other matters as the board deems appropriate.
Sec. 8. No order for treatment pursuant to sections 4 and 5 of this act may be made by the board of county commissioners unless:
1. The application for treatment is made within 60 days after the date of the rape; and
2. The rape offense was reported to the police within 3 days after its occurrence, or if the offense could not reasonably have been reported within such period, within 3 days after the time when a report could reasonably have been made.
Sec. 9. NRS 217.010 is hereby amended to read as follows:
217.010 1. It is the policy of this state to encourage the cooperation and assistance of the public in law enforcement and to promote the public welfare.
2. It is the purpose of [this chapter] NRS 217.010 to 217.260, inclusive, to facilitate and permit the payment of compensation to victims injured and to dependents of victims killed as a result of certain serious crimes or in attempts to prevent the commission of crime or to arrest suspected criminals.
Sec. 10. NRS 217.020 is hereby amended to read as follows:
217.020 As used in [this chapter,] NRS 217.010 to 217.260, inclusive, unless the context otherwise requires, the words and terms defined in NRS 217.030 to 217.070, inclusive, have the meanings ascribed to them in such sections.
Sec. 11. NRS 217.080 is hereby amended to read as follows:
217.080 Members of the board shall serve without additional compensation, but are entitled to subsistance allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties under [this chapter.] NRS 217.010 to 217.260, inclusive.
Sec. 12. NRS 217.090 is hereby amended to read as follows:
217.090 The board may appoint one or more hearing officers, who must be licensed to practice law in this state, to conduct hearings and take testimony in any proceeding pursuant to [this chapter,] NRS 217.010 to 217.260, inclusive, but final determinations of any matter shall be only by the board. A hearing officer acting pursuant to this section shall report his findings of fact and conclusions of law to the board, together with the reasons therefor. The board shall act only after consideration of the report and such other evidence as it deems appropriate.
Sec. 13. NRS 217.100 is hereby amended to read as follows:
217.100 1. Any person eligible for compensation under the provisions of [this chapter] NRS 217.010 to 217.260, inclusive, may apply to the board for such compensation.
κ1975 Statutes of Nevada, Page 1293 (CHAPTER 654, AB 664)κ
the board for such compensation. Where the person entitled to make application is:
(a) A minor, the application may be made on his behalf by a parent or guardian.
(b) Mentally incompetent, the application may be made on his behalf by a parent, guardian or other person authorized to administer his estate.
2. Prior to a hearing on any application, the applicant shall submit reports, if reasonably available, from all physicians or surgeons who, at the time of or subsequent to the victims injury or death, treated or examined the victim in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim or an examination of the victim and report thereon or a report on the cause of death of the victim by an impartial medical expert would aid the board in its determination, the board may order such reports.
Sec. 14. NRS 217.120 is hereby amended to read as follows:
217.120 If any person has been convicted of any offense with respect to an act on which a claim under [this chapter] NRS 217.010 to 217.260, inclusive, is based, proof of that conviction is conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.
Sec. 15. NRS 217.130 is hereby amended to read as follows:
217.130 In the performance of its functions, the board may adopt, rescind and amend rules and regulations prescribing the procedures to be followed in the filing of applications and proceedings under [this chapter,] NRS 217.010 to 217.260, inclusive, and for such other matters as the board deems appropriate.
Sec. 16. NRS 217.140 is hereby amended to read as follows:
217.140 The board may, as part of any order entered pursuant to the provisions of [this chapter,] NRS 217.010 to 217.260, inclusive, allow reasonable attorney fees, but such fees shall not exceed 10 percent of the amount awarded as compensation and shall be paid to the attorney representing the applicant out of, not in addition to, the amount of such compensation. It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed.
Sec. 17. NRS 217.150 is hereby amended to read as follows:
217.150 In determining the amount of any compensation payable under the provisions of [this chapter,] NRS 217.010 to 217.260, inclusive, the board shall so far as practicable, formulate standards for uniform application of [this chapter] NRS 217.010 to 217.260, inclusive, and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.
Sec. 18. NRS 217.170 is hereby amended to read as follows:
217.170 Upon application made by an appropriate prosecuting authority, the board may suspend any proceedings being conducted pursuant to [this chapter] NRS 217.010 to 217.260, inclusive, for such period as it deems appropriate on the ground that a prosecution for an offense arising from the act or omission to act on which the claim for compensation is based has been commenced or is imminent.
κ1975 Statutes of Nevada, Page 1294 (CHAPTER 654, AB 664)κ
Sec. 19. NRS 217.190 is hereby amended to read as follows:
217.190 The board may order the payment of compensation in accordance with the provisions of [this chapter] NRS 217.010 to 217.260, inclusive, for physical injury to or death of the victim which resulted from an attempt to prevent the commission of crime or to arrest a suspected criminal or aiding or attempting to aid a police officer to do so. If physical injury to or death of a person results from aiding or attempting to aid a police officer as provided in this section, no compensation may be allowed by the board unless such police officer files with the board an affidavit in support of any claim which may be made.
Sec. 20. NRS 217.220 is hereby amended to read as follows:
217.220 1. Compensation shall not be awarded if the victim:
(a) Is a relative of the offender;
(b) Was, at the time of the personal injury or death of the victim, living with the offender as a member of his family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;
(c) Violated a penal law of this state, which caused or contributed to his injuries or death; or
(d) Was injured as a result of the operation of a motor vehicle, boat or airplane unless such vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim.
2. No compensation may be awarded under [this chapter] NRS 217.010 to 217.260, inclusive, in an amount in excess of $5,000, and all payment shall be made in a lump sum.
Sec. 21. NRS 217.230 is hereby amended to read as follows:
217.230 Orders for payment of compensation pursuant to [this chapter] NRS 217.010 to 217.260, inclusive, may be made only as to injuries or death resulting from incidents or offenses occurring on and after July 1, 1969.
Sec. 22. NRS 217.240 is hereby amended to read as follows:
217.240 Whenever an order for the payment of compensation for personal injury or death is made pursuant to [this chapter,] NRS 217.010 to 217.260, inclusive, the board is, upon payment of the order, subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death and may bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the board shall pay the balance to the applicant.
Sec. 23. NRS 217.250 is hereby amended to read as follows:
217.250 The board shall prepare and transmit biennially to the governor and legislature a report of its activities under [this chapter] NRS 217.010 to 217.260, inclusive, including the name of each applicant, a brief description of the facts in each case and the amount of any compensation awarded.
________
κ1975 Statutes of Nevada, Page 1295κ
Assembly Bill No. 672Assemblymen Mann, Hickey, Dreyer, Schofield, Jeffrey, Polish, Chaney, Christensen, Moody, Sena, Craddock, Price, Hayes and Dini
CHAPTER 655
AN ACT relating to age; eliminating the minimum age for entry into certain professions and occupations.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 626.310 is hereby amended to read as follows:
626.310 1. Any [man over 20 years of age and] person not addicted to the use of intoxicating liquors or drugs may be an apprentice hoisting engineer.
2. An apprentice hoisting engineer shall be under the tutelage of a hoisting engineer who holds a Nevada hoisting engineers license, which license is in good standing and qualifying the hoisting engineer to operate the type and horsepower of hoist in which operation the apprentice hoisting engineer is being instructed.
3. When a signal is given to hoist or lower men, the licensed hoisting engineer there present must take charge of the hoist. The apprentice shall not be allowed to handle the hoist when men are on the cage or skip until the apprentice has been examined by the district examining board and has been granted a license authorizing him to operate hoisting engines of the type and horsepower of such hoist.
Sec. 2. NRS 628.190 is hereby amended to read as follows:
628.190 The certificate of certified public accountant shall be granted by the board to any person who:
1. Is a resident of this state or has a place of business therein or, as an employee, is regularly employed therein; and
2. [Has attained the age of 21 years; and
3.] Is of good moral character; and
[4.] 3. Meets the requirements of education and experience as provided in NRS 628.200; and
[5.] 4. Has passed a written examination in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as the board shall determine to be appropriate.
Sec. 3. NRS 628.350 is hereby amended to read as follows:
628.350 [1. Any person who:
(a) Is a resident of this state, or has a place of business therein; and
(b) Has attained the age of 21 years; and
(c) Is of good moral character; and
(d) Meets the requirements of subparagraphs (1) or (2) of this paragraph (d),
may register with the board as a public accountant on or before September 1, 1960:
(1) Persons who held themselves out to the public as public accountants and who were engaged as principals (as distinguished from employees) within this state on April 1, 1960, in the practice of public accounting as their principal occupation.
κ1975 Statutes of Nevada, Page 1296 (CHAPTER 655, AB 672)κ
(2) Persons serving in the Armed Forces of the United States on April 1, 1960, who immediately prior to entering such service held themselves out to the public as public accountants and were engaged as principals (as distinguished from employees) within this state in the practice of public accounting as their principal occupation. In the case of any such person, the time for registration shall be extended for a period of 6 months from the time such person is separated from active duty with such service.
2. The board shall charge a fee, not to exceed $50, for registration hereunder.
3. The board shall in each case determine whether the applicant is eligible for registration. Any individual who is so registered and who holds a permit issued under NRS 628.380 shall be styled and known as a public accountant.
4. After the initial registration of public accountants as provided in this section, a license as a public accountant shall be issued as upon application for a period beginning as of April 1, 1960, and ending 3 years from April 1, 1960, to any person who:
(a) Has attained the age of 21 years, is of good moral character, is at the time a bona fide resident of the State of Nevada, and is a citizen of the United States or has declared his intention of becoming such a citizen; and
(b) Has not been convicted of a violation of any of the provisions of this chapter; and
(c) Has met the requirements to take the examination provided in NRS 628.190; and
(d) Has attained a grade of 75 percent or more in any two of the subjects given in the examination provided in NRS 628.190.
5.] After May 1, 1973, a license as a public accountant shall be issued only to persons who have met the requirements of NRS 628.190.
Sec. 4. NRS 640.080 is hereby amended to read as follows:
640.080 To be eligible for registration by the board as a physical therapist, an applicant must:
1. [Be at least 21 years old.
2.] Be of good moral character.
[3.] 2. Have been graduated by an approved high school.
[4.] 3. Have been graduated either:
(a) By a school of physical therapy approved by the board; or
(b) By a school of physical education approved by the board, and, in addition, have completed to the satisfaction of the board an approved course in physical therapy; or
(c) By a school of nursing approved by the board, and, in addition, have completed to the satisfaction of the board an approved course in physical therapy.
5. (a) Pass to the satisfaction of the board an examination conducted by it to determine his fitness for practice as a physical therapist; or
(b) Be entitled to registration without examination as provided in NRS 640.120 or 640.140.
Sec. 5. NRS 645.340 is hereby amended to read as follows:
645.340 1. The real estate division shall not approve the issuance of a brokers or salesmans license to any person unless such person is [:
κ1975 Statutes of Nevada, Page 1297 (CHAPTER 655, AB 672)κ
(a) Eighteen years of age or over for a salesman or 21 years of age or over for a broker; and
(b) A] a bona fide resident of the State of Nevada.
2. The requirements of subsection 1 are applicable to each member of a copartnership or association and to each officer or director of a corporation who will actively engage in the real estate business.
3. Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to July 1, 1949, shall be exempt from the citizenship requirements of this chapter. Nothing in this chapter shall affect the right of such noncitizen now holding a real estate brokers license or a real estate salesmans license to renewal or reinstatement of his license in accordance with the provisions of this chapter.
Sec. 6. NRS 649.085 is hereby amended to read as follows:
649.085 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent shall:
1. Be a citizen of the United States.
2. [Be at least 21 years of age.
3.] Be of good moral character and not have been convicted of any crime involving moral turpitude.
[4.] 3. Not have had a collection agency license revoked.
Sec. 7. NRS 654.150 is hereby amended to read as follows:
654.150 Each applicant for licensure under this chapter shall:
1. Be [21 years of age or over,] of good moral character and physically and emotionally capable of administering a skilled nursing facility.
2. Have satisfactorily completed a course of instruction and training prescribed or approved by the board, including the study and knowledge of:
(a) The needs which are to be properly served by a skilled nursing facility;
(b) The laws governing the operation of skilled nursing facilities and the protection of the patients interests; and
(c) The elements of good skilled nursing facility administration.
In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the board of sufficient education, training or experience in such areas by which he would be qualified to administer, supervise and manage a skilled nursing facility.
3. Pass an examination conducted and prescribed by the board under the provisions of this chapter.
4. Meet such other standards and qualifications as the board may from time to time adopt within the purposes of this chapter.
________
κ1975 Statutes of Nevada, Page 1298κ
Assembly Bill No. 543Assemblymen Bremner, Jeffrey, Dreyer, Barengo, Brookman and Murphy
CHAPTER 656
AN ACT relating to disability benefits for law enforcement officers and firemen; authorizing counties, cities and metropolitan police departments to provide additional benefits; providing a limitation; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners of any county may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of the county sheriff, any sheriffs deputy or fireman who is disabled, to any degree, by an injury arising out of and in the course of his employment.
2. The board of county commissioners may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.
3. If a county elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the county concerning the nature and extent of such plan, program or change. Chapter 288 of NRS shall apply to negotiations for this purpose.
4. The plan or program authorized by this section shall be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapter 616 of NRS.
5. The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event shall the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public moneys, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing board of any incorporated city may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any city police officer or fireman who is disabled, to any degree, by an injury arising out of and in the course of his employment.
2. The governing board may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.
3. If an incorporated city elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of such plan, program or change.
κ1975 Statutes of Nevada, Page 1299 (CHAPTER 656, AB 543)κ
plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the city concerning the nature and extent of such plan, program or change. Chapter 288 of NRS shall apply to negotiations for this purpose.
4. The plan or program authorized by this section shall be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapter 616 of NRS.
5. The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event shall the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public moneys, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.
Sec. 3. Chapter 280 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The police commission may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of any department police officer who is disabled, to any degree, by an injury arising out of and in the course of his employment. The cost of such plan or program may be charged, in whole or in part, against the annual operating budget for the department.
2. The police commission may adopt rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.
3. If the police commission elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the commission concerning the nature and extent of such plan, program or change. Chapter 288 of NRS shall apply to negotiations for this purpose.
4. The plan or program authorized by this section shall be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapter 616 of NRS.
5. The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event shall the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public moneys, exceed the maximum amount of benefits an employee is entitled to receive if he has been a member of the department or agency for 10 years or more.
________
κ1975 Statutes of Nevada, Page 1300κ
Senate Bill No. 608Committee on Legislative Functions
CHAPTER 657
AN ACT relating to state printing; providing for the typesetting and printing of brochures and booklets by the state printing and records division of the department of general services; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 344.150 is hereby amended to read as follows:
344.150 All officers, boards, commissioners, trustees, superintendents, regents and directors are required and directed to have all brochures, booklets, forms, blanks, envelopes and letterheads necessary for the successful working of the various departments, institutions and offices typeset and printed by the department. The superintendent is directed to accept all such work, and to execute and deliver it as promptly as possible.
Sec. 2. NRS 344.160 is hereby amended to read as follows:
344.160 1. Should any state officer, commissioner, trustee or superintendent consider that the requirements of his office, department or institution demand brochures, booklets, stationery, blanks, forms [or work of any character] , typesetting, printing or binding which cannot be performed in the division, [and if it appear that, through lack of necessary machinery or appliances, the work cannot be done satisfactorily in the division,] the superintendent shall authorize the state officer, commissioner, trustee or superintendent to have the work performed in a commercial printing establishment, the cost of the same to be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
2. The state controller is directed not to draw his warrant in payment for any printed matter except such as is authorized by subsection 1.
________
Senate Bill No. 594Committee on Health, Welfare and State Institutions
CHAPTER 658
AN ACT relating to physicians; making advertising unprofessional if not in conformance with guidelines established by the board of medical examiners of the State of Nevada; requiring the board to establish principles of medical ethics as the basis for determining whether conduct is unethical; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 630.030 is hereby amended to read as follows:
630.030 As used in this chapter, unprofessional conduct means:
κ1975 Statutes of Nevada, Page 1301 (CHAPTER 658, SB 594)κ
1. Willfully and intentionally making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
2. Willfully and intentionally representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Performing, assisting or advising an unlawful abortion.
4. Advertising the practice of medicine in [an unethical manner.] a manner which does not conform to the guidelines established by the board.
5. Engaging in any unethical or deceptive professional conduct or medical practice harmful to the public, in which proof of actual injury need not be established. The principles of medical ethics to be used as the basis for determining whether conduct is unethical shall be established by regulations of the board.
6. Willful disobedience of the rules and regulations of the state board of health or of the board of medical examiners.
7. Conviction of any offense involving moral turpitude or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.
8. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, otherwise than in the course of legitimate professional practice or as authorized by law and not primarily for the purpose of catering to the cravings of an addict.
9. Conviction of violation of any federal or state law regulating the possession, distribution or use of any such controlled substance. The record of conviction shall be conclusive evidence of such unprofessional conduct.
10. Practicing medicine when unable to do so with reasonable skill and safety to patients by reason of illness, excessive use of alcohol or alcoholic beverages or any controlled substance as defined in chapter 453 of NRS, or any mental or physical condition.
11. Any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice, in which proof of an actual injury to a patient need not be established.
12. Any conduct detrimental to the public health, safety or morals.
13. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this chapter.
14. Employing, directly or indirectly, any suspended or unlicensed person in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine as defined in this chapter.
15. Directly or indirectly giving to or receiving from any person, firm or corporation, any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a person licensed under this chapter in his professional capacity or for any professional services not actually and personally rendered. This subsection does not prohibit persons holding valid and current licenses under this chapter from practicing medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or from pooling, sharing, dividing or apportioning the fees and moneys received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association.
κ1975 Statutes of Nevada, Page 1302 (CHAPTER 658, SB 594)κ
received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association. This subsection does not abrogate the right of two or more persons holding valid and current licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each.
16. Practicing medicine after having been adjudicated insane by a court of competent jurisdiction within or out of this state. The record of the adjudication, judgment or order of commitment is conclusive evidence of such adjudication.
17. Performing, assisting or advising in the injection of any liquid silicone substance into the human body.
________
Senate Bill No. 593Committee on Health, Welfare and State Institutions
CHAPTER 659
AN ACT relating to optometry; providing for the suspension of licenses of optometrists who fail to comply with the requirement of continuing education; providing for license restoration within the calendar year; and providing for automatic revocation for failure to restore the license within the calendar year.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 636.270 is hereby amended to read as follows:
636.270 If a licensee fails to pay the annual renewal fee to the secretary or comply with subsection 2 of NRS 636.260 on or before the prescribed date, his license shall be suspended automatically for the remainder of the calendar year or until it is restored in the manner specified in NRS 636.275.
Sec. 2. NRS 636.275 is hereby amended to read as follows:
636.275 1. A license which has been automatically suspended for failure of the licensee to pay the annual renewal fee may be restored at any time during the calendar year by the [licensee:
1.] licensees:
(a) Paying the annual fee; and
[2.] (b) Paying the secretary a nonrenewal penalty in the amount prescribed in this chapter.
2. A license which has been automatically suspended for failure of the licensee to comply with the requirement of subsection 2 of NRS 636.260 may be restored upon the licensees compliance with the requirement during the calendar year in which the suspension has occurred.
3. Any license suspended under NRS 636.270 is automatically revoked at the end of the calendar year during which it has been so suspended unless the license is restored pursuant to subsection 1 or 2.
________
κ1975 Statutes of Nevada, Page 1303κ
Senate Bill No. 577Senators Young, Raggio, Gojack, Sheerin, Bryan, Neal, Wilson and Hilbrecht
CHAPTER 660
AN ACT relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for the use of the proceeds if such issue is approved; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the general election to be held in the State of Nevada in 1976, there shall be submitted to the voters of the state in the manner prescribed by chapter 349 of NRS a proposal to issue general obligation bonds of the State of Nevada for the purposes of protecting, preserving and obtaining the benefits of natural resources in an amount of not more than $10,000,000. If the proposal is carried, the bonds may be issued at one time or from time to time.
Sec. 2. Of the total bond issue:
1. An amount of $9,000,000 shall be used for park purposes, identified as follows:
(a) An amount of $3,000,000 for real or personal property acquisition for the state park system.
(b) An amount of $5,000,000 for real or personal property acquisition for cities and counties under the statewide outdoor recreation plan, on a matching fund basis with cities and counties in the state.
(c) An amount of $500,000 for acquisition and development of bicycle paths for cities and counties under the Bicycle Pathways Act, on a matching fund basis with cities and counties in the state.
(d) An amount of $250,000 for historic preservation purposes under the statewide historic preservation plan.
(e) An amount of $250,000 for historic preservation purposes for cities and counties under the statewide historic preservation plan, on a matching fund basis with cities and counties in the state.
2. An amount of $1,000,000 shall be for the Nevada department of fish and game for the acquisition of fish and game habitat, including habitat for protected wildlife.
Sec. 3. 1. If, on the application of the administrator of the state park system or the director of the Nevada department of fish and game, the interim finance committee finds that specified real or personal property, or a combination thereof, ought to be acquired for any one of the purposes recited in section 2 of this act, it may direct:
(a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to sections 1 and 2 of this act; and
(b) The state park system or the Nevada department of fish and game to acquire such property from the proceeds of such bonds.
2. Neither the administrator of the state park system nor the director of the Nevada department of fish and game may expend more than the amount authorized for the acquisition of specified real or personal property or a combination thereof, unless he has obtained prior approval from the interim finance committee.
κ1975 Statutes of Nevada, Page 1304 (CHAPTER 660, SB 577)κ
3. The legislature finds and declares that the issuance of bonds pursuant to this act is for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds and the acquisition of property under this act.
________
Senate Bill No. 610Committee on Judiciary
CHAPTER 661
AN ACT relating to authorization of insurers; providing additional grounds for suspension or revocation of certificate of authority; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 680A.190 is hereby amended to read as follows:
680A.190 1. The commissioner shall refuse to continue or shall suspend or revoke an insurers certificate of authority:
(a) If such action is required by any provision of this code; or
(b) If a foreign insurer and it no longer meets the requirements for a certificate of authority, on account of deficiency of capital or surplus or otherwise; or
(c) If a domestic insurer and it has failed to cure an impairment of capital or surplus within the time allowed therefor by the commissioner under this code or is otherwise no longer qualified for the certificate of authority; or
(d) If the insurers certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States of America if an alien insurer; or
(e) For failure of the insurer to pay taxes on its premiums as required by this code [.] ; or
(f) For failure of the insurer to furnish information to the commissioner relating to medical malpractice insurance issued by the insurer in this state or any other state.
2. Except in case of insolvency or impairment of required capital or surplus, or suspension or revocation by another state as referred to in paragraph (d) of subsection 1, the commissioner shall give the insurer at least 20 days notice in advance of any such refusal, suspension or revocation under this section, and of the particulars of the reasons therefor. If the insurer requests a hearing thereon within such 20 days, such request shall automatically stay the commissioners proposed action until his order is made on such hearing.
________
κ1975 Statutes of Nevada, Page 1305κ
Senate Bill No. 558Senator Hilbrecht
CHAPTER 662
AN ACT relating to county hospitals; clarifying the type of services chargeable to the county in emergency cases; and providing other matters properly relating thereto.
[Approved May 21, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 450.420 is hereby amended to read as follows:
450.420 1. The board of county commissioners of the county in which a public hospital is located shall have power to determine whether or not patients presented to the public hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of patient eligibility for medical care as medical indigents or subjects of charity.
2. The board of hospital trustees shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for the same, as the board may deem just and proper. The receipts therefor shall be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
3. The county is chargeable with the entire cost of services rendered by the hospital and any [attending] salaried staff physician, [or] surgeon or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and followup inpatient care required for any such person as determined by the board of trustees of such hospital, but the hospital [and any such attending physician or surgeon] shall use reasonable diligence to collect such charges from the emergency patient or any other person responsible for his support. Any amount so collected shall be reimbursed or credited to the county.
________
κ1975 Statutes of Nevada, Page 1306κ
Senate Bill No. 460Senator Walker
CHAPTER 663
AN ACT relating to the practice of pharmacy; authorizing the suspension of certain certificates; establishing criteria for examination of applicants; revising the manner of calculating pharmaceutical experience; providing for biennial renewal of a pharmacists certificate; clarifying the duties of a managing pharmacist; changing manner in which prescriptions are numbered and filed; providing criteria for maintenance of drugs by certain extended care facilities; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. All moneys coming into the possession of the board shall be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada, or invested in United States treasury bills or notes, to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.
2. Moneys received by the board from fines imposed pursuant to NRS 639.255 may be used for educational and training programs.
Sec. 3. 1. Whenever the board believes that any certificate holder is or has become incompetent to practice pharmacy by reason of any physical or mental injury, illness or disability or by reason of chronic or excessive use of alcohol or drugs, the board may order that the certificate holder submit to a physical or psychiatric examination, or both, at the expense of the board.
2. The board shall designate a physician or a psychiatrist or both, as the case may be, to conduct the examination or examinations of the certificate holder and furnish the board and the certificate holder with a report of the findings. If the certificate holder is dissatisfied with the findings, he may obtain an independent examination and report at his own expense, not later than 10 days following receipt of the initial report.
3. Upon receipt of the findings the board shall conduct a hearing to determine whether the certificate holder is competent to practice pharmacy. If the board finds that the certificate holder is not competent to practice pharmacy, it shall order an immediate suspension of the certificate holders right to practice pharmacy, and the suspension shall remain in effect until the board determines that a certificate may be reinstated.
Sec. 4. 1. A person whose certificate has been suspended by the board may petition the board for reinstatement of the certificate.
2. After receipt of the petition, the board shall conduct a hearing to determine whether the certificate should be reinstated.
3. If a hearing is held, the board may consider the results of its own investigation and any evidence pertaining to the competence of the petitioner. An affirmative vote of a majority of board members is necessary to reinstate a certificate. The board may require, prior to reinstatement, that the petitioner pass an examination, either oral or written, to determine his present fitness to resume his practice.
κ1975 Statutes of Nevada, Page 1307 (CHAPTER 663, SB 460)κ
4. In any hearing conducted under this section, the board may employ any expert witnesses considered necessary to determine the competency and ability of the petitioner.
5. If the board orders restoration of such certificate, it may waive the requirements of NRS 639.180, 639.190 and 639.2174.
Sec. 5. NRS 639.019 is hereby amended to read as follows:
639.019 The provisions of this chapter do not apply to registered nurses while engaged in the performance of any public health program as approved by the board. The board [shall] may adopt such rules and regulations as may be necessary to assure that proper and adequate safeguards, including the dispensing procedures, are followed to protect the persons who participate in such public health programs.
Sec. 6. NRS 639.030 is hereby amended to read as follows:
639.030 1. The terms of the two members of the board appointed by the governor prior to July 1, 1963, whose terms would expire on December 19, 1965, and January 5, 1966, shall expire on July 1, 1964. The term of the member of the board appointed by the governor prior to July 1, 1963, whose term would expire on December 12, 1966, shall expire on July 1, 1965. The terms of the two members of the board appointed by the governor prior to July 1, 1963, whose terms would expire on January 8, 1967, shall expire on July 1, 1966.
2. Upon the expiration of the terms as provided in subsection 1, all appointments thereafter shall be made for terms of 4 years by the governor.
3. Vacancies occurring shall be filled by appointment for the unexpired term.
4. Within 30 days after his appointment, each member of the board shall take and subscribe [, before the county clerk in the county in which he resides,] an oath to discharge faithfully and impartially the duties prescribed by this chapter. [The county clerk shall transmit the oath to the secretary of state, who shall file the same.]
Sec. 7. NRS 639.050 is hereby amended to read as follows:
639.050 1. The board shall hold a meeting at least once in every 6 months.
2. Three members of the board shall constitute a quorum.
3. All meetings of the board shall be open to the public, except for executive sessions which are held to deliberate on the decision in an administrative action or to prepare, grade or administer examinations.
4. Each member of the board shall receive:
(a) A salary of not more than [$25] $40 per day, as fixed by the board, while engaged in the business of the board.
(b) [Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation,] The subsistence allowance and traveling expenses provided by law, while traveling on business of the board.
Sec. 8. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have power:
1. To make such [bylaws and] regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
κ1975 Statutes of Nevada, Page 1308 (CHAPTER 663, SB 460)κ
2. To regulate the practice of pharmacy.
3. To regulate the sales of poisons, drugs, chemicals and medicines.
4. To regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices.
5. To examine and register as pharmacists applicants whom it shall deem qualified to be such.
6. To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
7. To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
8. [To deposit its funds in banks or savings and loan associations in the State of Nevada.] To employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
9. To enforce the provisions of NRS 453.011 to 453.551, inclusive, and to enforce the provisions of chapter 454 of NRS and this chapter.
This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 9. NRS 639.095 is hereby amended to read as follows:
639.095 1. The board shall furnish all licensees [, and any other person filing a request with the board for such information, with the following:
1. One] with one copy of the pharmacy law.
2. Notice of hearings on rules and regulations [.] shall be given in accordance with the Nevada Administrative Procedure Act.
3. [Notice] General notice shall be given of the time and place set for [regular] board meetings. Upon the written request of any person, the secretary shall furnish notice of meetings of the board by mail.
Sec. 10. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical, dental, podiatry or veterinarian practitioner, unless he is a registered pharmacist under the provisions of this chapter.
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person shall act as a manufacturer or wholesaler unless he has obtained a permit from the board.
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers controlled substances as defined in chapter 453 of NRS, which are intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and such person shall not furnish, sell or offer to sell such substances until he has obtained a permit from the board.
4. Each application for such permit shall be made on a form furnished by the board and no application shall be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant.
κ1975 Statutes of Nevada, Page 1309 (CHAPTER 663, SB 460)κ
approval thereof by the board and the payment of the required fee, the board shall issue a permit to such applicant. Each permit shall be issued to a specific person for a specific location, and shall be renewed [annually before July 1 of each year.] biennially.
Sec. 11. NRS 639.120 is hereby amended to read as follows:
639.120 An applicant to become a registered pharmacist in this state must:
1. Be of good moral character.
2. Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the American Council on Pharmaceutical Education and approved by the board.
3. Satisfactorily pass an examination approved and given by the Nevada state board of pharmacy [.] with a grade of at least 60 percent on any part of the examination and a grade of at least 75 percent for the entire examination. An applicant for reciprocity registration shall take and pass the law examination with at least a grade of 75 percent.
4. Complete 1 year of practical pharmaceutical experience as defined in NRS 639.125.
Sec. 12. NRS 639.125 is hereby amended to read as follows:
639.125 1. For the purpose of subsection 4 of NRS 639.120, a year of practical pharmaceutical experience shall consist of not less than [52 weeks of 40 hours each in a pharmacy under the direct and immediate supervision of a pharmacist.] 1,500 hours, of which not more than 500 hours may be obtained in a structured clinical program of an accredited college of pharmacy and not less than 1,000 hours are performed in a pharmacy under the direct and immediate supervision of a pharmacist.
2. Such experience shall not be accepted unless the applicant had previously successfully completed at least 1 year in a college or department of pharmacy approved by the American Council of Pharmaceutical Education. [Unless otherwise waived by the board for exceptional circumstances, 12 weeks of such year shall be completed after graduation.]
3. Such experience shall relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.
4. The board may, in its discretion, accept evidence of compliance with the requirements of subsection 4 of NRS 639.120 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this state.
Sec. 13. NRS 639.130 is hereby amended to read as follows:
639.130 1. An applicant for a certificate as a registered pharmacist who has failed to pass the boards examination for such certificate [shall not be] is not eligible for reexamination until the next regularly scheduled meeting of the board.
2. An applicant failing the entire examination is required to retake the entire examination. If the applicant fails only part of the examination, he is required to retake only that part and may retake any other part of the examination.
3. No applicant for a certificate as a registered pharmacist [shall be] is entitled to more than three examinations for such certificate.
κ1975 Statutes of Nevada, Page 1310 (CHAPTER 663, SB 460)κ
[3.] 4. Except as specifically provided in NRS 639.133, no subsequent examination [shall] may be given any applicant until he has filed a new application and paid a new fee therefor.
Sec. 14. NRS 639.133 is hereby amended to read as follows:
639.133 1. The board may issue certificates of registration as pharmacists to those persons who qualify under the provisions of this section, irrespective of the provisions of subsection 2 of NRS 639.120, if the board has determined by examination, either oral or written, that such applicants are capable and are qualified by education or experience, or both, adequately to practice the profession of pharmacy in this state and that they meet the requirements of subsection 2.
2. The applicant:
(a) Must have been registered as a pharmacist in good standing in another state prior to the filing of his application.
(b) Who has been registered as a pharmacist in another state for 5 years or longer must have been actively engaged in the practice of pharmacy for at least 1 year during the 3 years next preceding the date of his application.
(c) Must be of good moral character.
3. The fee for the investigation or examination of an applicant for a certificate of registration under the provisions of this section shall be fixed by the board [at an amount not to exceed $100,] as provided in NRS 639.170. The fee must accompany the application and shall not be refunded. Any such applicant who has failed to pass a satisfactory examination may apply for one reexamination if a request therefor has been received and approved by the board within 1 year after the original examination was given. On approval of such a request the board shall grant one reexamination without the payment of a new fee.
4. The board may conduct such investigations as may be deemed necessary to establish the moral character of any applicant for licensure under the provisions of this section.
Sec. 15. NRS 639.135 is hereby amended to read as follows:
639.135 1. The secretary may, after 30 days have elapsed following approval of an application by the board, issue a temporary certificate to any person who has filed application for licensure, [under the provisions of NRS 639.133,] if the application, on its face, indicates that the applicant is eligible for such licensure. [and meets all of the requirements set forth under that section.] Such temporary certificate shall authorize the applicant to practice pharmacy in this state pending an investigation to establish his moral character and an examination to establish his qualifications for licensure.
2. The 30-day waiting period provided in subsection 1 of this section may be waived by the board if, in its opinion, an emergency exists and there is justifiable need for the issuance of a temporary certificate prior thereto.
3. Not more than one temporary certificate shall be issued to any one applicant and such temporary certificate shall expire not more than 6 months from the date of issue unless revoked by the board prior to that date, If on completion of its investigation or examination the board determines that the applicant [does not meet the requirements set forth in NRS 639.133,] is not qualified, the board [shall have the power to] may revoke any such certificate at any time.
κ1975 Statutes of Nevada, Page 1311 (CHAPTER 663, SB 460)κ
determines that the applicant [does not meet the requirements set forth in NRS 639.133,] is not qualified, the board [shall have the power to] may revoke any such certificate at any time.
4. In case the investigation of an applicant has not been completed prior to the expiration date of a temporary certificate, the board [shall have the right to] may extend the expiration date until such time as the investigation has been completed.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 639.180 is hereby amended to read as follows:
639.180 1. A certificate as a registered pharmacist shall be issued to each person who is deemed qualified by the board in compliance with the provisions of NRS 639.120, 639.127, 639.133, 639.134 and NRS 639.217 to 639.2178, inclusive. [Such certificate shall entitle] The certificate entitles the person to whom it is issued to practice pharmacy in this state. [until June 30 next succeeding the date of issue.]
2. Each person to whom such certificate has been issued may, if he so desires and if his certificate has not been revoked, renew his certificate [from year to year] biennially upon making application [therefor as herein provided] and paying the [annual] renewal fee fixed by the board as provided in NRS 639.170 and complying with the provisions of NRS 639.217 to 639.2178, inclusive.
3. Application for the renewal of such certificate, together with the renewal fee, shall be delivered to the board on or before the 1st Monday in [May] September next preceding the expiration date of any presently existing valid certificate or renewal receipt.
4. [Renewal receipts shall, ordinarily, be dated as of July 1 in each year, and shall be delivered to the applicant on or before that date.] A certificate as a registered pharmacist shall be renewed biennially, dated as of November 1, and delivered to the applicant on or before that date.
5. The board may refuse to renew a certificate if the applicant has committed any act proscribed by NRS 639.210.
Sec. 18. NRS 639.210 is hereby amended to read as follows:
639.210 The board [shall have] has the power to proceed administratively to suspend or revoke:
1. Any certificate or current renewal thereof, or any permit or current renewal thereof, to vend, sell, offer to sell, or furnish any hypodermic device issued to any person or to deny the application of any person who has applied for a certificate or permit who:
(a) Is not of good moral character; [or]
(b) Is guilty of habitual intemperance; [or]
(c) Becomes or is [so] intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, unless taken pursuant to a physicians prescription, while on duty in any establishment licensed by the board; [, that he is unable properly to perform his duties; or]
(d) Is guilty of unprofessional conduct or conduct contrary to the public interest; [or]
(e) Is addicted to the use of any controlled substance as defined in chapter 453 of NRS; [or]
κ1975 Statutes of Nevada, Page 1312 (CHAPTER 663, SB 460)κ
(f) Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state; [or]
(g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption; [or]
(h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; [or]
(i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; [or]
(j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs; [or]
(k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; or
(l) Has failed to renew his certificate, license or permit by failing to pay the [annual] renewal fee therefor.
2. Any permit or current renewal thereof for the issuance of a manufacturers or wholesalers permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:
(a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; [or]
(b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; [or]
(c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
(d) Has failed to renew his permit by failing to pay the annual renewal fee therefor.
Sec. 19. NRS 639.2174 is hereby amended to read as follows:
639.2174 The board shall not:
1. Issue a certificate as a registered pharmacist to any person pursuant to NRS 639.133; or
2. Renew the certificate of any registered pharmacist;
until the applicant has submitted proof to the board of the receipt of the required number of continuing-education units, obtained through the satisfactory completion of an accredited program of continuing professional education during the [previous year.] period for which the certificate was issued.
Sec. 20. NRS 639.2176 is hereby amended to read as follows:
639.2176 The board shall adopt [rules and] regulations necessary to carry out the stated purposes of NRS 639.217 to 639.2178, inclusive, which shall include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing-education unit, the number of units required [annually] of each pharmacist during the period for which a certificate is issued and such other rules and regulations consistent with NRS 639.217 to 639.2178, inclusive, as the board may determine to be necessary.
κ1975 Statutes of Nevada, Page 1313 (CHAPTER 663, SB 460)κ
to carry out the stated purposes of NRS 639.217 to 639.2178, inclusive, which shall include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing-education unit, the number of units required [annually] of each pharmacist during the period for which a certificate is issued and such other rules and regulations consistent with NRS 639.217 to 639.2178, inclusive, as the board may determine to be necessary.
Sec. 21. NRS 639.220 is hereby amended to read as follows:
639.220 1. Except as provided in subsection 2, a registered pharmacist, physically present therein and actively engaged in the operation thereof, shall be in charge of every pharmacy, or any other store, dispensary, laboratory or office licensed as a pharmacy, except a duly licensed hospital, when it is open for business for:
(a) The sale, dispensing or compounding of drugs, medicines or chemicals; or
(b) The dispensing or compounding of prescriptions.
2. The requirement of subsection 1 shall not prohibit the board from authorizing the absence of the registered pharmacist each day for a total period of not to exceed 2 hours for the purpose of taking meals if:
(a) Such registered pharmacist is on call during such absence;
(b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of such absence; and
(c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.
The authorization required from the board shall be in writing and shall be retained in the pharmacy, available for inspection.
3. A person shall not act as a managing pharmacist for more than one licensed pharmacy. Each managing pharmacist shall be on duty in the pharmacy and active in the management of the pharmacy on a full-time basis.
Sec. 22. NRS 639.2327 is hereby amended to read as follows:
639.2327 A convalescent center, [nursing home,] skilled nursing facility, geriatric home or other extended care facility which is duly licensed as such by the health division of the department of human resources and is registered with the board pursuant to this chapter may maintain a stock of [controlled substances as defined in chapter 453 of NRS,] drugs for emergency treatment of inpatients, subject to the following conditions:
1. The board shall by regulation determine the specific [controlled substance] drugs and the quantities thereof which may be maintained pursuant to this section.
2. The emergency stock of [controlled substances] drugs shall be maintained at all times in a solid, sealed container and the seal shall remain intact except when the [controlled substances] drugs are needed for emergency treatment of inpatients. The sealed container shall be stored at all times in a [solid locked cabinet] locked compartment on the premises of the care facility.
3. All [controlled substances] drugs delivered to a care facility shall be signed for by the head nurse or other person in charge. An inventory of the stock of [controlled substances] drugs shall be appended to the sealed container.
κ1975 Statutes of Nevada, Page 1314 (CHAPTER 663, SB 460)κ
of the stock of [controlled substances] drugs shall be appended to the sealed container. [At the time] Immediately after the [controlled substances] drugs are needed, the [head nurse or other person in charge] physician or registered nurse who breaks the seal shall enter on the inventory sheet the following information:
(a) The date and time the sealed container is opened;
(b) The name of the patient for whom the [controlled substances] drugs are to be used;
(c) The name of the patients physician or the physician who directs the administration of the [controlled substances] drugs, if different;
(d) An itemization of the [controlled substances] drugs removed; and
(e) The signature of the person who opened the sealed container.
4. When the [controlled substances] drugs needed have been removed and the information required by subsection 3 has been entered on the inventory, the [head nurse or other person in charge] physician or registered nurse shall immediately replace the container in a [solid locked cabinet] locked compartment and shall notify the pharmaceutical consultant, as soon as it is practical to do so, that the container has been opened.
5. The sealed container and its contents shall at all times remain the responsibility of the pharmaceutical consultant. Upon being notified that the sealed container has been opened, or on the next business day if notification is not received during business hours, but in no event more than 48 hours following receipt of such notification, the pharmaceutical consultant shall:
(a) Examine the inventory sheet;
(b) Replace the [controlled substances] drugs removed;
(c) Secure a written prescription for the [controlled substances] drugs replaced, if one is required by law;
(d) Enter the name and quantity of the [controlled substances] drugs so replaced on the inventory sheet, together with the date and time of replacement;
(e) Reseal the container; and
(f) Sign the inventory sheet.
6. No person other than a licensed physician or a registered nurse may open the container or remove any drugs from the container.
7. The board, its agents and inspectors shall at all times have free access to the premises of the care facility to determine compliance with this section.
Sec. 23. NRS 639.235 is hereby amended to read as follows:
639.235 1. No person other than a physician, dentist, podiatrist or veterinarian holding a currently valid and unrevoked license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a physician not licensed to practice in this state but authorized by the laws of another state to prescribe shall be considered to be a legal prescription. [if ordering a drug which is considered necessary for the continuation of treatment of a chronic illness.]
2. If a prescription, written by a physician not licensed to practice in this state, call for a [narcotic drug,] schedule II controlled substance, as defined in chapter 453 of NRS, it [shall be] is the responsibility of the registered pharmacist who is to fill the prescription to establish that the prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.
κ1975 Statutes of Nevada, Page 1315 (CHAPTER 663, SB 460)κ
prescription is authentic and that a bona fide doctor-patient relationship did exist at the time the prescription was written.
Sec. 24. NRS 639.236 is hereby amended to read as follows:
639.236 1. All prescriptions filled in any pharmacy shall be serially numbered and filed in the manner prescribed by regulation of the board. [Narcotic drug prescriptions referred to in NRS 639.235] Prescriptions for schedule II controlled substances as defined in chapter 453 of NRS, shall be filed separately from other prescriptions [.] or in a readily retrievable manner as the board may provide by regulation. All prescriptions shall be retained on file for at least 2 years.
2. Each prescription on file shall bear the date on which it was originally filled, [the name or initials of] be personally signed or initialed by the registered pharmacist who filled it and contain all of the information required by NRS 639.013.
3. Prescription files shall be open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the department of law enforcement assistance.
Sec. 25. Section 1 of chapter 168, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 1. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have power:
1. To make such regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
2. To make regulations requiring that prices charged by retail pharmacies for prescription drugs and medicines be posted in the pharmacies and be given on the telephone to persons requesting such information.
3. To regulate the practice of pharmacy.
[3.] 4. To regulate the sales of poisons, drugs, chemicals and medicines.
[4.] 5. To regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices.
[5.] 6. To examine and register as pharmacists applicants whom it shall deem qualified to be such.
[6.] 7. To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
[7.] 8. To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
[8.] 9. To employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
[9.] 10. To enforce the provisions of NRS 453.011 to 453.551, inclusive, and to enforce the provisions of chapter 454 of NRS and this chapter.
This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 26. NRS 639.290 and section 43 of chapter 241, Statutes of Nevada 1975, are hereby repealed.
Sec. 27. On or before the 1st Monday in May, 1975, all registered pharmacists holding current certificates shall renew their certificates by filing an application with the board.
κ1975 Statutes of Nevada, Page 1316 (CHAPTER 663, SB 460)κ
pharmacists holding current certificates shall renew their certificates by filing an application with the board. Upon receipt, the board shall issue certificates to qualified pharmacists for a period commencing July 1, 1975, and ending October 31, 1977. Thereafter, all applications for certificates shall be filed as provided for by this chapter.
Sec. 28. This act shall become effective upon passage and approval.
________
Senate Bill No. 501Committee on Government Affairs
CHAPTER 664
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1.1 of the above-entitled act, being chapter 646, Statutes of Nevada 1971, at page 1514, is hereby amended to read as follows:
Section 1.1. 1. The Las Vegas Valley water district is hereby designated as the agency responsible for water distribution within the boundaries of the district. The water district may exercise, in connection with its distribution functions, all of the powers granted in this act.
2. The water district shall assume supervision, operation and maintenance of all existing and future Southern Nevada water project facilities and water treatment plants, and shall assess the costs against the users of water.
3. It is the intent of the Nevada legislature that upon completion of the project works authorized under P.L. 89-292 as evidenced by notice of the Secretary of the Interior but no later than July 1, 1982, the administration of the Southern Nevada water project facilities and water treatment plants be carried out by the Las Vegas Valley water district as an agent of the state.
________
κ1975 Statutes of Nevada, Page 1317κ
Senate Bill No. 572Senator Walker
CHAPTER 665
AN ACT relating to county and city jails; providing for payment of costs of medical care for prisoners; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 211.140 is hereby amended to read as follows:
211.140 1. The sheriff of each county shall have charge and control over all prisoners committed to his care and keeping, in their respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this state shall have charge and control over all prisoners committed to their respective city and town jails.
2. The sheriffs, chiefs of police and town marshals, and each of them, shall see that the prisoners under their care are at all times kept at labor on the public works in their respective counties, cities and towns, at least 6 hours a day during 6 days of the week, when the weather will permit, when so required by either the board of county commissioners of their respective counties, or by the mayor and board of aldermen of their respective cities, or by the board of trustees of their respective towns.
3. By the public works, as used in NRS 211.120 to 211.170, inclusive, is understood the construction, or repair, or cleaning of any streets, road, sidewalks, public square, park, building, cutting away hills, grading, putting in sewers, or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by individuals or property particularly benefited thereby.
4. The sheriff, chief of police or town marshal shall arrange for the administration of such medical care as may be required by prisoners committed to his custody. The cost of the medical care constitutes a charge upon the county, city or town maintaining the jail. If the medical care is furnished by a county hospital, the cost of the care shall be paid forthwith into the county treasury for credit to the hospital fund.
________
κ1975 Statutes of Nevada, Page 1318κ
Senate Bill No. 414Committee on Judiciary
CHAPTER 666
AN ACT to amend the charters of the City of Las Vegas and the City of Reno to establish a salary for the city attorney of Las Vegas and to prohibit the private practice of law by the city attorneys of Las Vegas and Reno and their deputies and assistants after certain dates; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3.060 of Article III of the charter of the City of Las Vegas, being chapter 515, Statutes of Nevada 1971, as last amended by chapter 752, Statutes of Nevada 1973, at page 1572, is hereby amended to read as follows:
Section 3.060 City attorney: Qualifications; duties.
1. The city attorney shall be:
(a) A duly licensed member of the State Bar of Nevada.
(b) The legal officer of the city and shall perform such duties as may be designated by ordinance.
(c) At least 25 years of age.
(d) A citizen of the United States.
(e) A registered voter, for at least 2 years immediately prior to the year in which the election is held, within the territory established by the boundaries of the city on the last day for filing an affidavit of candidacy.
2. [The] On and after July 1, 1975, the city attorney shall receive a salary [in an amount fixed by the board of commissioners.] of $29,000 per annum.
3. The city attorney shall not engage in the private practice of law after July 1, 1975.
4. Deputy city attorneys shall not engage in the private practice of law after July 1, 1977.
Sec. 2. Section 3.060 of Article III of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 881, is hereby amended to read as follows:
Section 3.060 City attorney: Qualifications; duties; salary.
1. The city attorney shall be a duly licensed member of the State Bar of Nevada and a resident of the city and taxpayer on real property in the city at the time of his election. He shall hold office for the term of 4 years and until his successor shall be duly elected and qualified.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance. He shall be present at all meetings of the city council and shall be counsel for the civil service commission. He shall devote his full time to the duties of the office and shall not engage in the private practice of law.
3. The city attorney shall receive a salary as fixed by resolution of the city council.
4. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants shall not be civil service employees.
κ1975 Statutes of Nevada, Page 1319 (CHAPTER 666, SB 414)κ
shall not be civil service employees. The council may appropriate such funds as it may deem proper to compensate any such assistants. Such assistants shall not engage in the private practice of law after July 1, 1977.
________
Assembly Bill No. 616Assemblymen Heaney, Murphy, Mello, Coulter, Benkovich, Banner, Barengo, Christensen, Jeffrey, Polish, Vergiels, Bremner, Brookman, Howard, Harmon, Demers, Hayes, Sena, Young, Moody, Chaney, Bennett, Weise, Getto, Dreyer, Wittenberg, Schofield, Wagner, Lowman, Dini, Glover, Price, Hickey, May, Ford, Craddock, Mann, Ashworth and Robinson
CHAPTER 667
AN ACT relating to emergency communications; creating an emergency telephone number study committee to study the requirements necessary for the development of emergency telephone number systems; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The legislature declares:
1. It is in the public interest to shorten the time required for a citizen to request and receive emergency aid.
2. There are currently many different emergency telephone numbers throughout the state and present telephone exchange boundaries and central office service areas do not necessarily correspond to political boundaries or the service areas of public safety forces.
3. Provision for an emergency number through which emergency services can be quickly and efficiently obtained will:
(a) Provide a significant contribution to law enforcement and other public service efforts by making it less difficult to notify public safety personnel promptly.
(b) Result in the saving of life, a reduction in the destruction of property, quicker apprehension of criminals and the saving of money.
4. The establishment of a uniform statewide emergency telephone number is a matter of statewide concern and interest to all inhabitants and citizens of this state and that the most critical aspect of the design of any system is the procedure established for handling a telephone request for emergency services.
Sec. 2. There is hereby established a state emergency telephone number study committee composed of 14 members as follows:
1. Eleven members to be appointed by the governor with the following qualifications:
(a) A public agency representative from Washoe County who is actively engaged in law enforcement within the county.
(b) A public agency representative from Clark County who is actively engaged in law enforcement within the county.
(c) A public agency representative from a county in the State of Nevada having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce who is actively engaged in law enforcement within the county.
κ1975 Statutes of Nevada, Page 1320 (CHAPTER 667, AB 616)κ
Nevada having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce who is actively engaged in law enforcement within the county.
(d) A public agency representative from a unit of local government within the State of Nevada who is actively engaged in fire protection service within the local government.
(e) A representative of the public service commission of Nevada who is not a commission member.
(f) Two members of the general public.
(g) Two members representing the telephone industry who:
(1) Have expertise in telephone communications; and
(2) Shall respectively represent telephone utilities serving the majority of users in Clark and Washoe counties.
(h) A member of the board of county commissioners of any county in this state.
(i) A member of the governing body of any incorporated city in this state.
2. Three members representing state agencies who shall be:
(a) The director of the department of law enforcement assistance or his designee;
(b) The chief of the Nevada highway patrol of the department of motor vehicles or his designee; and
(c) The state health officer of the health division of the department of human resources or his designee.
Sec. 3. Members of the committee may not receive compensation for their services, but they shall receive actual expenses for subsistence and lodging, not to exceed $40 per day, and actual expenses for transportation while traveling on business of the committee.
Sec. 4. The committee shall conduct a study of the essential requirements necessary for the development of emergency telephone number systems and shall report the results of such study to the 59th session of the legislature. Such report shall include but is not limited to:
1. Recommendations as to the length of time necessary for the establishment of such systems;
2. Specification of any problems in establishing the systems throughout the state, including but not limited to identification of those areas where implementation of a system is not economically or technically feasible and where problems may be remedied through amendatory legislation;
3. Recommendations as to any necessary funding by the state to assist units of local government which are unable to obtain funding from local or federal sources for development of a required system; and
4. Recommendations of the emergency services to be included in the system.
________
κ1975 Statutes of Nevada, Page 1321κ
Assembly Bill No. 796Committee on Government Affairs
CHAPTER 668
AN ACT to amend the title of and to amend an act entitled An Act annexing certain described real property to the City of Sparks, Nevada; detaching certain real property from the City of Reno and adding the same to the City of Sparks; amending the 1949 and 1971 charters of the City of Sparks and the 1903 and 1971 charters of the City of Reno; and providing other matters properly relating thereto, approved April 21, 1973.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 482, Statutes of Nevada 1973, at page 711, is hereby amended to read as follows:
Section 1. Section 1 of Article I of 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, is hereby amended to read as follows:
Section 1. 1. That on and after the passage and approval of this act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereafter set forth, shall be and constitute a body politic and corporate, by the name and style of the City of Sparks, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of said city shall include all the inhabitants, lands, tenements and property embraced within the southwest quarter of section four; the south half of section five; the south half of the southwest quarter of section six; the northwest quarter of section seven; the north half of section eight; using as the southern boundary of this portion what is now known as Glendale avenue, and the northwest quarter of section nine; all in township nineteen north, range twenty east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time heretofore or hereafter be embraced or included lawfully within established limits of said city as hereinafter provided.
2. The boundaries of the City of Sparks are hereby extended by adding to the City of Sparks the following described real property:
(a) Commencing at the East 1/4 corner of Section 6, T. 19 N., R. 20 E., M.D.B. & M.; thence N. 46°30′51″ W. a distance of 1,767.45 feet, to the true point of beginning; thence S. 01°28′08″ W. a distance of 500.00 feet; thence S. 89°23′42″ E. a distance of 45.53 feet to a point on a curve; thence along a non-tangent curve to the right whose back tangent bears N. 08°34′00″ E. having a central angle of 00°40′09″, a radius of 585.00 feet, an arc length of 6.83 feet to a point of reverse curvature; thence along a tangent curve to the left having a central angle of 07°46′01″, a radius of 505.00 feet, an arc length of 68.46 feet; thence S. 01°28′08″ W. a distance of 1,268.61 feet to a point of curvature; thence along a tangent curve to the left having a central angle of 15°16′38″, a radius of 1,960.00 feet, an arc length of 522.61 feet; thence S.
κ1975 Statutes of Nevada, Page 1322 (CHAPTER 668, AB 796)κ
15°16′38″, a radius of 1,960.00 feet, an arc length of 522.61 feet; thence S. 13°48′30″ E. a distance of 170.55 feet; thence N. 89°37′55″ W. a distance of 82.53 feet; thence N. 13°48′30″ W. a distance of 150.34 feet to a point of curvature; thence along a tangent curve to the right having a central angle of 15°16′38″, a radius of 2,040.00 feet, an arc length of 543.94 feet; thence N. 01°28′08″ E. a distance of 1,268.62 feet to a point of curvature; thence along a tangent curve to the right having a central angle of 07°46′01″, a radius of 585.00 feet, an arc length of 79.30 feet to a point of reverse curvature; thence along a tangent curve to the left having a central angle of 07°46′01″, a radius of 505.00 feet, an arc length of 68.46 feet; thence N. 01°28′08″ E. a distance of 406.28 feet to a point of curvature; thence along a tangent curve to the left having a central angle of 90°51′50″, a radius of 20.00 feet, an arc length of 31.72 feet; thence S. 89°23′42″ E. a distance of 50.31 feet to the true point of beginning. Situate in the East half of Section 6, T. 19 N., R. 20 E., M.D.B. & M., and containing an area of 4.091 acres, more or less; and
(b) All land lying northerly of the centerline of the Truckee River further described as follows: Commencing at the centerline intersection of Glendale Avenue and Galletti Way; thence along the centerline of Glendale Avenue N. 88°53′20″ W., a distance of 222.07 feet to a point, such point being further described as Engineers centerline station O 71+94.33 as shown on F.A.S. Road No. 705, 1947 A.D.; thence S. 65°02′08″ W., a distance of 71.35 feet to a point, such point being the intersection of the south right-of-way line of Glendale Avenue extended and the centerline of the Truckee River as established by the U.S. Army, Corps of Engineers, as per As Constructed Plans entitled Truckee River and Tributaries, Nevada, Truckee River Channel Improvements, June 5, 1959, and the true point of beginning of the herein described centerline of the Truckee River; thence along the centerline of the Truckee River S. 24°27′15″ E., a distance of 325.19 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 14°24′22″, a radius of 635.00 feet, along an arc length of 159.66 feet; thence S. 09°56′53″ E., a distance of 257.96 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 36°25′56″, a radius of 1,329.25 feet, along an arc length of 845.22 feet to a point of compound curvature; thence along a tangent curve to the left, whose back tangent bears N. 46°22′49″ W., having a central angle of 8°33′25″, a radius of 2,000.00 feet, along an arc length of 298.69 feet; thence S. 54°56′14″ E., a distance of 433.40 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 15°09′18″, a radius of 1,100.00 feet, along an arc length of 290.96 feet, thence S. 70°05′32″ E., a distance of 634.17 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 9°53′59″, a radius of 1,500.00 feet, along an arc length of 259.17 feet; thence S. 79°59′31″ E., a distance of 775.46 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 24°48′07″, a radius of 750.00 feet, along an arc length of 324.66 feet; thence S. 55°11′24″ E., a distance of 1,727.53 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 34°48′36″, a radius of 300.00 feet, along an arc length of 182.26 feet; thence due East a distance of 1,160.42 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 32°11′24″, a radius of 1,000.00 feet, along an arc length of 561.82 feet; thence S.
κ1975 Statutes of Nevada, Page 1323 (CHAPTER 668, AB 796)κ
to a point of curvature; thence along a tangent curve to the right, having a central angle of 32°11′24″, a radius of 1,000.00 feet, along an arc length of 561.82 feet; thence S. 57°48′36″ E., a distance of 717.12 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 68°22′07″, a radius of 360.00 feet, along an arc length of 429.57 feet; thence N. 53°49′17″ E., a distance of 856.35 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 78°01′19″, a radius of 360.00 feet, along an arc length of 490.23 feet; thence S. 48°09′24″ E., a distance of 436.36 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 65°24′07″, a radius of 389.40 feet, along an arc length of 444.49 feet; thence N. 66°26′29″ E., a distance of 318.40 feet to a point of curvature; thence along a tangent curve to the right having a central angle of 23°21′50″, a radius of 483.65 feet, along an arc length of 197.22 feet; thence N. 89°48′19″ E., a distance of 256.16 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 20°41′17″, a radius of 547.88 feet, along an arc length of 197.83 feet; thence S. 69°30′24″ E., a distance of 227.81 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 56°07′37″, a radius of 281.36 feet, along an arc length of 275.62 feet; thence S. 13°22′47″ E., a distance of 575.40 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 59°29′38″, a radius of 175.00 feet, along an arc length of 181.71 feet; thence S. 72°52′25″ E., a distance of 971.96 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 49°12′27″, a radius of 380.64 feet, along an arc length of 326.91 feet; thence S. 23°39′58″ E., a distance of 330.37 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 85°01′30″, a radius of 327.25 feet, along an arc length of 485.63 feet; thence N. 71°18′32″ E., a distance of 460.95 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 63°16′40″, a radius of 486.90 feet, along an arc length of 537.74 feet; thence N. 08°01′52″ E., a distance of 122.62 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 53°19′46″, a radius of 298.70 feet, along an arc length of 278.02 feet; thence N. 61°21′37″ E., a distance of 169.43 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 29°05′14″, a radius of 578.19 feet, along an arc length of 293.53 feet; thence S. 89°33′09″ E., a distance of 390.02 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 15°46′46″, a radius of 721.61 feet, along an arc length of 198.73 feet; thence S. 73°46′23″ E., a distance of 201.45 feet to a point, such point being the intersection of the herein described centerline of the Truckee River and the North-South centerline of Section 15, T. 19 N., R. 20 E., M.D.B. & M. and the terminus of the described centerline of the Truckee River. Such terminus bears S. 52°45′39″ E. a distance of 3,311.96 feet from the Northwest corner of Section 15.
Sec. 2. Sections 2 and 3 of the above-entitled act, being chapter 482, Statutes of Nevada 1973, at page 714, are hereby repealed.
Sec. 3. The title of the above-entitled act, being chapter 482, Statutes of Nevada 1973, at page 711, is hereby amended to read as follows:
An Act annexing certain described real property to the City of Sparks, Nevada; detaching certain real property from the City of Reno and adding the same to the City of Sparks; amending the 1949 [and 1971 charters] charter of the City of Sparks and the [1903 and] 1971 [charters] charter of the City of Reno; and providing other matters properly relating thereto.
κ1975 Statutes of Nevada, Page 1324 (CHAPTER 668, AB 796)κ
Nevada; detaching certain real property from the City of Reno and adding the same to the City of Sparks; amending the 1949 [and 1971 charters] charter of the City of Sparks and the [1903 and] 1971 [charters] charter of the City of Reno; and providing other matters properly relating thereto.
Sec. 4. This act shall become effective upon passage and approval.
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Assembly Bill No. 719Assemblymen Bennett, Chaney and Craddock
CHAPTER 669
AN ACT relating to public school pupils; requiring school districts to report annually the exact number of pupils who have been immunized against certain diseases; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 392.435 is hereby amended to read as follows:
392.435 1. Within 3 months after any child is enrolled in a public school within this state, his parents or guardian shall submit to the board of trustees of the school district in which the child resides a certificate or certificates stating that the child has been immunized and has received or is in the process of receiving proper boosters for such immunization or is in the process of being immunized for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or state board of health may determine.
2. The certificate or certificates required in subsection 1 shall show that such required immunization vaccines and boosters were given, and shall bear the signature of the licensed physician or registered nurse who administered such vaccines or boosters. If records are not available from a licensed physician or registered nurse, a sworn statement from the parent or guardian shall suffice.
3. The requirements of subsection 1 will be satisfied if a certificate or certificates have been filed in a previous year with any school district in the State of Nevada indicating that a pupil has been immunized as required by this section.
4. Before December 31 of each year, each school district shall report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
________
κ1975 Statutes of Nevada, Page 1325κ
Assembly Bill No. 775Committee on Transportation
CHAPTER 670
AN ACT relating to the taxicab authority; prescribing an application fee for a certificate of public convenience and necessity; establishing criteria for issuance of a taxicab drivers permit; prohibiting certain acts by taxicab drivers; modifying requirements for age of taxicabs acquired; providing penalties; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 706.8813 is hereby amended to read as follows:
706.8813 Certificate holder means a person who has obtained and who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business within the county by:
1. The public service commission of Nevada prior to July 1, 1969, and which has not been transferred, revoked or suspended by the taxicab authority; or
2. The taxicab authority.
Sec. 2. NRS 706.8827 is hereby amended to read as follows:
706.8827 1. A person shall not engage in the taxicab business unless he:
[1.] (a) Holds a certificate of public convenience and necessity from the public service commission of Nevada issued prior to July 1, 1969, which has not been transferred, revoked or suspended by the taxicab authority; or
[2.] (b) Obtains a certificate of public convenience and necessity from the taxicab authority as provided in NRS 706.386 to 706.396, inclusive, and NRS 706.406.
2. A nonrefundable fee, not to exceed $200, shall be paid when an application for a certificate of public convenience and necessity is submitted to the taxicab authority. The fee shall be used by the taxicab authority only for costs incurred in conducting an investigation of the application.
3. A vehicle used as a taxicab in passenger service shall be impounded by the administrator if a certificate of public convenience and necessity has not been issued authorizing its operation.
Sec. 2.5. NRS 706.8834 is hereby amended to read as follows:
706.8834 1. A certificate holder shall not permit a vehicle to be used as a taxicab if its age exceeds 4 years. [from the date of its original purchase.]
2. Any replacement or supplement vehicle which a certificate holder acquires for use as a taxicab shall: [be new.]
(a) Be new; or
(b) Register not more than 10,000 miles on the odometer.
Sec. 3. NRS 706.8841 is hereby amended to read as follows:
706.8841 1. The administrator shall issue a drivers permit to persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a drivers permit the administrator shall require proof that the applicant:
κ1975 Statutes of Nevada, Page 1326 (CHAPTER 670, AB 775)κ
(a) Has been a resident of the State of Nevada for 6 months prior to his application for a permit; and
(b) Can read and orally communicate in the English language.
2. The administrator may refuse to issue a drivers permit if the applicant has been convicted of:
(a) A felony, other than a felony for a sexual offense, in the State of Nevada or any other state, territory or nation within 5 years before the date of the application, or a felony involving any sexual offense at any time; or
(b) Driving under the influence of intoxicating beverages, dangerous drugs or controlled substances within 3 years before the date of the application.
3. The administrator may refuse to issue a drivers permit if the administrator, after a background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the drivers permit would be detrimental to public health, welfare or safety.
4. A taxicab driver shall pay to the administrator, in advance, the sum of $5 for an original drivers permit and $2.50 for a renewal. The [funds] fees so received by the administrator shall be [paid to the state treasurer and are hereby appropriated to be used for the purpose of defraying the costs of regulating the taxicab industry in the State of Nevada.] deposited with the state treasurer for credit to the taxicab authority fund.
Sec. 4. NRS 706.8849 is hereby amended to read as follows:
706.8849 1. A taxicab driver shall:
(a) Assure that the fare indicator on the taximeter of his taxicab reads zero prior to the time that the taxicab is engaged.
(b) Assure that the taximeter of his taxicab registers mileage only while the taxicab is in motion with a passenger and waiting time only while the taxicab is not in motion with a passenger.
(c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.
(e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.
(f) Not permit any person other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab gives permission for such other person to ride in the taxicab, but if permission is given the fare charged by the driver shall be as follows: When the person who has engaged the taxicab is first to leave the taxicab and pay the fare, the taximeter shall be reset to zero.
(g) Not drive a taxicab or go on duty while under the influence of intoxicating liquor or drink intoxicating liquor while on duty.
(h) Not use dangerous drugs, narcotics or hallucinogenic drugs at any time except with a prescription from a physician who is licensed to practice medicine in the State of Nevada.
(i) Not operate a taxicab with an expired drivers permit.
κ1975 Statutes of Nevada, Page 1327 (CHAPTER 670, AB 775)κ
(j) Not operate a taxicab without a drivers permit issued pursuant to NRS 706.8841 in his possession.
(k) Not work longer than 10 hours continuously.
2. If a driver violates any provision of subsection 1 within any period of 12 months, the administrator may, after a hearing, impose the following sanctions:
(a) First offense: 1 to 5 days suspension of a drivers permit.
(b) Second offense: 6 to 20 days suspension of a drivers permit.
(c) Third offense: Revocation of a drivers permit.
Sec. 5. NRS 706.885 is hereby amended to read as follows:
706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown, and upon at least 5 days notice to the grantee of any certificate, permit or license, and after a hearing had therefor, penalize such grantee to a maximum amount of $500 or suspend or revoke such certificate, permit or license granted by it or him, respectively, for any violation of any provision of NRS 706.881 to 706.885, inclusive, or any rule or regulation of the taxicab authority or administrator.
3. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor.
4. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
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Assembly Bill No. 761Assemblyman Brookman (by request)
CHAPTER 671
AN ACT relating to state radiation control; designating the health division of the department of human resources as the state radiation control agency; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 459.010 is hereby amended to read as follows:
459.010 As used in NRS 459.010 to 459.160, inclusive, unless the context requires otherwise:
1. Byproduct material means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
κ1975 Statutes of Nevada, Page 1328 (CHAPTER 671, AB 761)κ
radiation incident to the process of producing or utilizing special nuclear material.
2. General license means a license effective pursuant to regulations promulgated by the state board of health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
3. Health division means the health division of the department of human resources.
4. Ionizing radiation means gamma rays and X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.
[4.] 5. Person means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency of this state or of any other state, and any legal successor, representative, agent or agency of any of the foregoing, but does not include the United States Atomic Energy Commission or any successor thereto, or any federal agency licensed by the United States Atomic Energy Commission or any successor to any such federal agency.
[5.] 6. Source material means:
(a) Uranium, thorium or any other material which the governor declares by order to be source material after the United States Atomic Energy Commission or any successor thereto has determined such material to be source material.
(b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the governor declares by order to be source material after the United States Atomic Energy Commission or any successor thereto has determined such material in such concentration to be source material.
[6.] 7. Special nuclear material means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the governor declares by order to be special nuclear material after the United States Atomic Energy Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.
(b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.
[7.] 8. Specific license means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, byproduct material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.
Sec. 2. NRS 459.020 is hereby amended to read as follows:
459.020 The [state board of health] health division is hereby designated as the state radiation control agency, and is authorized to take all action necessary or appropriate to carry out the provisions of NRS 459.010 to 459.160, inclusive.
κ1975 Statutes of Nevada, Page 1329 (CHAPTER 671, AB 761)κ
Sec. 3. NRS 459.030 is hereby amended to read as follows:
459.030 For the protection of public health and safety, the [state board of health] health division shall:
1. Develop and conduct programs for the evaluation of hazards associated with the use of sources of ionizing radiation.
2. Develop programs and formulate, adopt and promulgate rules and regulations, with due regard for compatibility with federal programs, for:
(a) Licensing and regulation of byproduct materials, source materials, special nuclear materials and other radioactive materials.
(b) Control of other sources of ionizing radiation.
3. Formulate, adopt and promulgate such additional rules and regulations as may be necessary to administer the provisions of NRS 459.010 to 459.160, inclusive.
4. Collect and disseminate information relating to control of sources of ionizing radiation, including:
(a) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions and revocations.
(b) Maintenance of a file of registrants possessing sources of ionizing radiation which require registration under the provisions of NRS 459.010 to 459.160, inclusive, such file to include a record of any administrative or judicial action pertaining to such registrants.
(c) Maintenance of a file of all rules and regulations, pending or promulgated, relating to the regulation of sources of ionizing radiation, and any proceedings pertaining to such rules and regulations.
Sec. 4. NRS 459.040 is hereby amended to read as follows:
459.040 1. The state board of health shall provide by rule or regulation for: [general]
(a) General or specific licensing of persons to receive, possess or transfer radioactive materials, or devices or equipment utilizing such materials. Every such rule or regulation shall provide for amendment, suspension or revocation of licenses.
(b) Licensing and regulation of byproduct materials, source materials, special nuclear materials and other radioactive materials.
(c) Control of other sources of ionizing radiation.
2. The health division of the department of human resources may require:
(a) Registration and inspection of sources of ionizing radiation which do not require specific licensing.
(b) Compliance with specific standards to be promulgated by the state board of health.
3. The state board of health may exempt certain sources of ionizing radiation, or kinds of uses or users of such sources, from the licensing or registration requirements set forth in this section if the board makes a finding that the exemption of such sources of ionizing radiation, or kinds of uses or users of such sources, will not constitute a significant risk to the health and safety of the public.
4. Rules and regulations promulgated pursuant to NRS 459.010 to 459.160, inclusive, may provide for recognition of such other state or federal licenses as the state board of health may consider desirable, subject to such registration requirements as the state board of health may prescribe.
κ1975 Statutes of Nevada, Page 1330 (CHAPTER 671, AB 761)κ
to such registration requirements as the state board of health may prescribe.
Sec. 5. NRS 459.050 is hereby amended to read as follows:
459.050 1. Any authorized representative of the [state board of health] health division may enter at any reasonable time upon any private or public property for the purpose of determining whether there is compliance with or violation of the provisions of NRS 459.010 to 459.160, inclusive, or of the rules and regulations promulgated under NRS 459.010 to 459.160, inclusive, and the owner, occupant or person in charge of such property shall permit such entry and inspection.
2. Entry into areas under the jurisdiction of the Federal Government shall be effected only with the concurrence of the Federal Government or its duly designated representative.
3. Any report of investigation or inspection, or any information concerning trade secrets or secret industrial processes obtained under NRS 459.010 to 459.160, inclusive, shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of the state board of health.
Sec. 6. NRS 459.060 is hereby amended to read as follows:
459.060 1. The [state board of health] health division shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain:
(a) Records relating to the receipt, storage, transfer or disposal of such source.
(b) Appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the state board of health.
(c) Such other records as the [board] health division may require, subject to such exemptions as may be provided by any rule or regulation promulgated by the [board.] state board of health.
2. Copies of any record enumerated in subsection 1 shall be submitted to the [state board of health] health division upon request by the [board.] division.
Sec. 7. NRS 459.070 is hereby amended to read as follows:
459.070 1. The state board of health shall adopt reasonable regulations, compatible with those of the United States Atomic Energy Commission, pertaining to reports of exposure of personnel.
2. Such regulations shall require that reports of excessive exposure be made to the individual exposed and to the state board of health, and shall make provision for periodic and terminal reports to individuals for whom personnel monitoring is required.
3. The provisions of NRS 459.010 to 459.160, inclusive, [shall not be construed to] with respect to limits of personnel exposure established in regulations for radiation control do not limit the kind or amount of radiation which may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed practitioner of the healing arts.
Sec. 8. NRS 459.090 is hereby amended to read as follows:
459.090 1. The [state board of health,] health division, on behalf of the state, may enter into one or more agreements with the Federal Government, any interstate agency or any other state committing this state to perform on a cooperative basis with the Federal Government, any interstate agency or any other state inspections or other functions relating to the control of sources of ionizing radiation.
κ1975 Statutes of Nevada, Page 1331 (CHAPTER 671, AB 761)κ
the state, may enter into one or more agreements with the Federal Government, any interstate agency or any other state committing this state to perform on a cooperative basis with the Federal Government, any interstate agency or any other state inspections or other functions relating to the control of sources of ionizing radiation.
2. The [state board of health] health division may institute training programs for the purpose of qualifying personnel to carry out the provisions of subsection 1, and may make such personnel available for participation in any program or programs of the Federal Government, any interstate agency or any other state in the furtherance of the purposes of NRS 459.010 to 459.160, inclusive.
Sec. 9. NRS 459.120 is hereby amended to read as follows:
459.120 1. If the [state board of health] health division finds that an emergency exists requiring immediate action to protect the public health and safety, the [board] division may, without notice or hearing, issue [a regulation or] an order reciting the existence of such emergency and requiring that such action be taken as is considered necessary to meet the emergency.
2. Notwithstanding any other provision of NRS 459.010 to 459.160, inclusive, any such [regulation or] order shall be effective immediately.
3. Any person to whom such [regulation or] order is directed shall comply immediately with such [regulation or] order, but on application to the state board of health he shall be afforded a hearing.
4. Such emergency [regulation or] order shall be continued, modified or revoked within 30 days after such hearing.
Sec. 10. NRS 459.140 is hereby amended to read as follows:
459.140 1. If, in the judgment of the [state board of health,] health division, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 459.010 to 459.160, inclusive, or any rule, regulation or order issued under NRS 459.010 to 459.160, inclusive, the [board] division may request the attorney general to apply to the district court for an order enjoining such act or practice, or for an order directing compliance with any provision of NRS 459.010 to 459.160, inclusive, or any rule, regulation or order issued under NRS 459.010 to 459.160, inclusive.
2. Upon a showing by the [state board of health] health division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.
Sec. 11. NRS 459.150 is hereby amended to read as follows:
459.150 In the event of an emergency, the [state board of health] health division may impound, or order the impounding of, sources of ionizing radiation in the possession of any person who is not equipped to observe, or who fails to observe, any provision of NRS 459.010 to 459.160, inclusive, or any rules or regulations issued under NRS 459.010 to 459.160, inclusive.
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κ1975 Statutes of Nevada, Page 1332κ
Assembly Bill No. 782Assemblymen Brookman, Bremner, Murphy, Price, Vergiels, Mann and Barengo
CHAPTER 672
AN ACT to amend the State Purchasing Act; making changes in the procedure for transferring certain property to Nevada Indian tribes; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 333.462 is hereby amended to read as follows:
333.462 Whenever the department of highways declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of such department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the chief shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the [same] property for sale in accordance with the provisions of NRS 333.463 to 333.468, inclusive, to the various counties, incorporated cities, volunteer fire departments, Nevada Wing 96 of the Civil Air Patrol or any squadron thereof, and Indian tribes [organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.), in this state in accordance with the provisions of NRS 333.463 to 333.468, inclusive.] in this state recognized by the United States.
Sec. 2. NRS 333.463 is hereby amended to read as follows:
333.463 1. Whenever any tools, implements, machinery or other equipment become available for purchase as provided in NRS 333.462, the chief shall give written notice thereof to the board of county commissioners of each county, the chief executive officer of each incorporated city in the state, each volunteer fire department in the state, Wing 96 of the Civil Air Patrol or any squadron thereof and each Indian tribe in this state [organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.).] recognized by the United States.
2. The notice shall contain:
(a) A description of the specific items or lots of items available for purchase, including the make, model, type, age and serial number or other identification of machinery or equipment;
(b) A statement of the time and place where such items will be available for inspection;
(c) A statement of the place where such items will be delivered to the purchaser;
(d) A statement of the time and place at which sealed bids for the purchase of such items or lots of items will be accepted and the time and place such bids will be opened; and
(e) Such other information as the chief may deem appropriate.
Sec. 3. NRS 333.466 is hereby amended to read as follows:
333.466 1. Upon the opening of bids, the chief shall accept the highest bid for each item or lot of items submitted by any county, incorporated city, unincorporated town, volunteer fire department, or any such Indian tribe, if such bid conforms to the requirements of NRS 333.464.
κ1975 Statutes of Nevada, Page 1333 (CHAPTER 672, AB 782)κ
city, unincorporated town, volunteer fire department, or any such Indian tribe, if such bid conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, incorporated city or volunteer fire department, the chief shall transfer to the Nevada Indian [affairs] commission possession of so much or such part of the surplus tools, implements, machinery or other equipment of a total value not to exceed $10,000 in any fiscal year as the executive director of the commission has requested for distribution to such Indian tribes, at no cost to such tribes. [, provided:]
[(a)] 3. The executive director of the commission shall base his request on the needs of the Nevada Indian tribes as established by the tribal chairman of each tribe.
4. The Nevada Indian commission shall distribute the property by transferring possession of the property to such Indian tribes. Two years after the distribution of any such property, title to it may be transferred to the Indian tribe in possession of it.
[(b)] 5. The proceeds from any subsequent sale of any surplus tools, implements, machinery or other equipment, transferred to such Indian tribes pursuant to this section, shall be paid into the highway fund in the state treasury [.] unless the sale is consummated after title to such surplus property has been transferred pursuant to subsection 4.
[3.] 6. The chief may dispose of the surplus personal property not claimed pursuant to subsection 2 in such other manner as is provided by law.
Sec. 4. Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
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Senate Bill No. 157Committee on Finance
CHAPTER 673
AN ACT making an appropriation to the health division of the department of human resources to provide moneys for emergency medical services training and purchase of ambulances for rural areas of the state; and providing other matters properly relating thereto.
[Approved May 22, 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 health division of the department of human resources the sum of $79,000 for the purpose of emergency medical services training and the sum of $21,000 for the purchase of ambulances for rural areas of the state.
Sec. 2. After June 30, 1977, the unexpended balance of the appropriation made in section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
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κ1975 Statutes of Nevada, Page 1334κ
Senate Bill No. 468Committee on Government Affairs
CHAPTER 674
AN ACT relating to water pollution; vesting certain counties with areawide waste management planning duties and powers; and providing other matters properly relating thereto.
[Approved May 22, 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 the provisions set forth as sections 2 to 5.4, inclusive, of this act.
Sec. 2. Discharge means any addition of a pollutant or pollutants to water.
Sec. 3. Point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
Sec. 4. Pollutant:
1. Means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water;
2. Does not mean water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the department of human resources determines that such injection or disposal will not result in the degradation of ground or surface water resources.
Sec. 5. Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
Sec. 5.2. 1. The officers of the county are authorized and directed to develop an areawide waste management plan pursuant to NRS 244.9222, subject to the approval of the department of human resources. A plan shall include but need not be limited to the following:
(a) The identification of treatment works necessary to meet the anticipated municipal and industrial waste treatment needs of the area over a 20-year period, annually updated (including an analysis of alternative waste treatment systems), including:
(1) Any requirements for the acquisition of land for treatment purposes;
(2) The necessary waste water collection and urban storm water runoff systems; and
(3) A program to provide the necessary financial arrangements for the development of such treatment works;
(b) The establishment of construction priorities for such treatment works and time schedules for the initiation and completion of all treatment works;
κ1975 Statutes of Nevada, Page 1335 (CHAPTER 674, SB 468)κ
(c) The establishment of a regulatory program to:
(1) Implement the waste treatment management requirements of section 201(c) of P.L. 92-500 (33 U.S.C. § 1281(c)).
(2) Regulate the location, modification and construction of any facilities within such area which may result in any discharge in the area; and
(3) Assure that any industrial or commercial wastes discharged into any treatment works in such area meet applicable pretreatment requirements;
(d) The identification of those agencies necessary to construct, operate and maintain all facilities required by the plan and otherwise to carry out the plan;
(e) The identification of the measures necessary to carry out the plan (including financing), the period of time necessary to carry out the plan, the costs of carrying out the plan within such time, and the economic, social and environmental impact of carrying out the plan within such time;
(f) A process to:
(1) Identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including runoff from manure disposal areas and from land used for livestock and crop production; and
(2) Set forth procedures and methods (including land use requirements) to control to the extent feasible such sources;
(g) A process to:
(1) Identify, if appropriate, mine-related sources of pollution including new, current and abandoned surface and underground mine runoff; and
(2) Set forth procedures and methods (including land use requirements) to control to the extent feasible such sources;
(h) A process to:
(1) Identify construction activity related sources of pollution; and
(2) Set forth procedures and methods (including land use requirements) to control to the extent feasible such sources;
(i) A process to:
(1) Identify, if appropriate, salt water intrusion into rivers, lakes and estuaries resulting from reduction of fresh water flow from any cause, including irrigation, obstruction, ground water extraction and diversion; and
(2) Set forth procedures and methods to control such intrusion to the extent feasible where such procedures and methods are otherwise part of the waste treatment management plan;
(j) A process to control the disposition of all residual waste generated in such area which could affect water quality; and
(k) A process to control the disposal of pollutants on land or in subsurface excavations within such area to protect ground and surface water quality.
2. In developing the elements of the areawide waste management plan, the county shall provide the most efficient areawide management system for the area.
Sec. 5.4. 1. The county shall adopt all necessary ordinances, regulations and policies to effectuate the adopted areawide waste management plan described in subsection 1 of section 5.2 of this act.
κ1975 Statutes of Nevada, Page 1336 (CHAPTER 674, SB 468)κ
2. All ordinances, regulations and policies adopted by the county shall be enforced by all local political subdivisions in the area covered by the plan.
3. The county shall police the area to insure compliance with the areawide waste management plan and adopted ordinances, regulations and policies. If it is found that the areawide waste management plan or the adopted ordinances, regulations and policies are not being enforced by all local political subdivisions, the county may bring action in a court of competent jurisdiction to insure compliance.
Sec. 6. NRS 244.922 is hereby amended to read as follows:
244.922 NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act may be cited as the County Sewage and Waste Water Law.
Sec. 7. NRS 244.9221 is hereby amended to read as follows:
244.9221 NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act shall apply to any county having a population of 200,000 or more according to the last national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 8. NRS 244.9222 is hereby amended to read as follows:
244.9222 It is hereby declared as a matter of legislative determination that:
1. It is essential to the maintenance of the public health, welfare and orderly local government that each county to which NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act pertain be empowered to become the master agency within its territory for the collection, disposal and treatment of sewage and waste water. In addition, it is essential that the master agency be empowered to perform and require compliance with any and all areawide waste management planning which may be required by the state or Federal Government in connection with the exercise or implementation of any of the powers, authorization and responsibilities provided in NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act.
2. Granting to such counties the purposes, power, rights, privileges and immunities provided in NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state.
3. The acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public health, and constitutes a part of the established and permanent policy of the state.
4. The necessity for the County Sewage and Waste Water Law is a result of: [the large population growth and intense residential, commercial and industrial development in the incorporated and unincorporated areas and of the ensuing need for extensive coordinated sewage and waste water collection and treatment.]
(a) The large population growth and intense development of residential, commercial, industrial and other human activities in both incorporated and unincorporated areas;
κ1975 Statutes of Nevada, Page 1337 (CHAPTER 674, SB 468)κ
(b) The ensuing need for extensive, coordinated control, collection, disposal and treatment of all sources of pollution, including but not limited to sewage, wastewater and in place or accumulated pollution sources; and
(c) The ensuing need for areawide waste management planning for such control, collection, disposal and treatment.
5. The legislature recognizes the duty of such counties as instruments of state government to meet adequately the needs for such facilities within their boundaries, in cooperation with the state, municipalities and districts within the county and in satisfaction of federal and state requirements and standards relating to pollution.
6. The legislature approves the final written report of the Las Vegas Valley water district made pursuant to chapter 616, Statutes of Nevada 1971, and filed with the governor and the legislative commission on December 1, 1972, under the title, Report to the Governor and the Legislative Commission, Pollution Abatement Project, Las Vegas Wash and Bay.
7. The legislature finds that the course of action recommended in the report referred to in subsection 6 is a measure necessary for the protection and preservation of a natural resource of the state within the meaning of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
8. The legislature recognizes that there may be alternative solutions to the pollution abatement problem in the Las Vegas Wash-Lake Mead area. It is the intention of the legislature that those charged with the responsibility of correcting the problem be able to avail themselves of all assistance that may develop through advances in technology and changing circumstances and regulations, federal or state, that have an impact on the problem. In construing the powers, authorities and responsibilities conveyed by the legislature in NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act, the economic burden on the citizens of this state and the ultimate feasibility of the projects undertaken shall be carefully weighed in the light of the state of the art and the regulations governing the master agency at the time undertaken. Among the factors which will determine the ultimate resolution of the problem, the protection and the fullest beneficial use of the resource represented by the water shall be given top priority. The legislature finds that the alternative courses of action that may be developed to find satisfactory solutions are necessary for the preservation of this valuable natural resource of the state and are within the meaning of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
9. For the accomplishment of these purposes the provisions of NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act shall be broadly construed.
10. The notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.
11. The rights and privileges herein granted comply in all respects with any requirement imposed by any constitutional provision.
Sec. 9. NRS 244.9223 is hereby amended to read as follows:
244.9223 1. Except as otherwise provided in NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act the definitions provided in the Local Government Securities Law apply to NRS 244.922 to 244.9261, inclusive [.]
κ1975 Statutes of Nevada, Page 1338 (CHAPTER 674, SB 468)κ
provided in the Local Government Securities Law apply to NRS 244.922 to 244.9261, inclusive [.] , and sections 2 to 5.4, inclusive, of this act.
2. The definitions provided in NRS 244.9224 to 244.9236, inclusive, and sections 2 to 5, inclusive, of this act, apply specifically to NRS 244.922 to 244.9261, inclusive [.] , and sections 2 to 5.4, inclusive, of this act.
Sec. 10. NRS 244.9228 is hereby amended to read as follows:
244.9228 County securities means the securities authorized to be issued by NRS 244.922 to 244.9261, inclusive [.] , and sections 2 to 5.4, inclusive, of this act.
Sec. 11. NRS 244.923 is hereby amended to read as follows:
244.923 1. Facilities means the facilities of the county or other designated public body used or suitable for use for the control, collection, disposal and treatment of [sewage and waste water] all sources of pollution, whether or not they are point sources, including but not limited to sewage, wastewater and in place or accumulated pollution sources and consisting of all properties, real, personal, mixed or otherwise, acquired by the county or the public body, as the case may be, by one or more projects through purchase, condemnation (subject to the provisions of NRS 244.9245), construction or otherwise, and used in connection with such purposes and related services or in any way pertaining thereto and situated within the county, whether within or without or both within and without the territorial limits of the public body.
2. Facilities also includes:
(a) Those facilities for elimination of water pollution problems substantially of the type and scope described in the Report to the Governor and the Legislative Commission, Pollution Abatement Project, Las Vegas Wash and Bay, dated December 1, 1972, including without limitation all trunk sewers, conduits, pumps, pumping plants, storage facilities, treatment plants, water reclamation plants, outfalls, disposal facilities, electric substations, and related works to be constructed, installed and acquired for the purpose of collecting, transporting, treating, reclaiming and disposing of sewage effluents, waste water, industrial waste and other liquid pollutants.
(b) Those facilities for the elimination of water pollution problems of the type and scope necessary to implement any alternative plan to that mentioned in paragraph (a).
Sec. 12. NRS 244.9231 is hereby amended to read as follows:
244.9231 1. Hereby, herein, hereinabove, hereinafter, hereof, hereunder, herewith, or any term of similar import, refers to NRS 244.922 to 244.9261, inclusive, sections 2 to 5.4, inclusive, of this act, and not solely to the particular portion thereof in which such word is used.
2. Heretofore means before the adoption of this act.
3. Hereafter means after the adoption of this act.
Sec. 13. NRS 244.9238 is hereby amended to read as follows:
244.9238 1. Within 30 days after July 1, 1973, there shall be appointed a technical advisory committee to be designated as the county sewage and waste water advisory committee.
κ1975 Statutes of Nevada, Page 1339 (CHAPTER 674, SB 468)κ
2. The advisory committee shall consist of two members appointed by the board, three members appointed by the governing body of each city in the county having a population of 65,000 or more, two members appointed by the governing body of each city in the county having a population of 30,000 or more but less than 65,000, one member appointed by the governing body of each city in the county having a population of 5,000 or more but less than 30,000, and one member appointed by the governing body of each water district, sanitation district or water and sanitation district in the county having within its boundaries a population of 15,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
3. Each such appointee shall be an employee of the municipality whose governing body is required to make such appointment and shall at the time of such employment be actively engaged in the operation or management of sewer or water facilities within such municipality, except the county prior to its operation of facilities.
4. Each such appointee shall serve without additional compensation or fidelity bond for his duties as a member of the advisory committee and shall remain a member until death or resignation or his termination as a member, with or without cause, by the governing body of the appointing municipality and its appointment of his successor. The governing body of an appointing municipality shall in any case terminate the membership on the advisory committee of any of its appointed members within a reasonable time after such member ceases to be employed by the municipality in sewer or water work and shall appoint a successor with such qualifications.
5. The committee shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine to be consistent with the purposes of NRS 244.922 to 244.9261, inclusive [.] , and sections 2 to 5.4, inclusive, of this act.
6. No member of the advisory committee shall be interested in any contract or transaction with the county under consideration by the advisory committee except in his official representative capacity or in his capacity as a public officer or employee.
7. The advisory committee shall proceed immediately upon appointment and at all times thereafter diligently to inform itself as to all laws, matters and things which may be of significance in maintaining the quality of collection, disposal and treatment of sewage and waste water in the county and the consequent purity of water within the county. The advisory committee shall also advise the board of conditions which in the judgment of the advisory committee require action by the board, and make recommendations in regard thereto.
8. It is the intent of NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act that the existence and activities of the advisory committee shall in no way diminish the responsibility of the board or the officers of the county in fulfilling the legislative declaration expressed in NRS 244.9222 and in performing its duties as the master agency of the county in such matters.
Sec. 14. NRS 244.9245 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1340 (CHAPTER 674, SB 468)κ
244.9245 The county may also:
1. Enter upon any land, make surveys, borings, soundings and examinations for the purpose of the county, and locate the necessary works of any project and any roadways and other rights-of-way pertaining to any project herein authorized; acquire all property necessary or convenient for the acquisition, improvement or equipment of such works, including works constructed and being constructed by private owners, and all necessary appurtenances.
2. Acquire property by agreement, condemnation by the exercise of the power of eminent domain or otherwise, and in case any street, road, highway, railroad, canal, ditch or other property subject or devoted to public use and located within the county, whether within or without or both within and without the territorial limits of any public body, shall become subject to interference by reason of the construction or proposed construction of any works of the county, the right so to interfere with such property, whether it be publicly or privately owned; except:
(a) If such right is acquired by condemnation proceedings and if the court finds that public necessity or convenience so require, the judgment may direct the county to relocate such street, road, highway, railroad, canal, ditch or other property in accordance with the plans prescribed by the court.
(b) If, by such judgment or agreement, the county shall be required to relocate any such street, road, highway, railroad, canal, ditch or other property subject or devoted to public use, the board may acquire in the name of the county, by agreement or condemnation, all rights-of-way and other property necessary or proper for compliance with the agreement or judgment of condemnation, and thereafter make such conveyance of such relocated street, road, highway, railroad, canal, ditch or other property as may be proper to comply with the agreement or judgment.
(c) No property, except for easements and rights-of-way, shall be acquired by condemnation if at the time of the proposed exercise of such power such property is utilized by a public body for the collection, disposal or treatment of sewage or waste water.
3. Carry on technical and other investigations of all kinds, make measurement, collect data, and make analyses, studies and inspections pertaining to the facilities and any project.
4. Make and keep records in connection with the facilities and any project or otherwise concerning the county.
5. Arbitrate any differences arising in connection with the facilities and any project or otherwise concerning the county.
6. Have the management, control and supervision of all business and affairs pertaining to the facilities and any project herein authorized, or otherwise concerning the county, and of the acquisition, improvement, equipment, operation, maintenance and disposal of any property pertaining to the facilities or any such project.
7. Enter into contracts of indemnity and guaranty, in such forms as may be approved by the board, relating to or connected with the performance of any contract or agreement which the county is empowered to enter into.
κ1975 Statutes of Nevada, Page 1341 (CHAPTER 674, SB 468)κ
8. Obtain financial statements, appraisals, economic feasibility reports and valuations of any type pertaining to the facilities or any project or any property relating thereto.
9. Adopt any ordinance or resolution authorizing a project or the issuance of county securities, or both.
10. Make and execute an indenture or other trust instrument pertaining to any county securities herein authorized, except as otherwise provided in NRS 244.922 to 244.9261, inclusive [.] , and sections 2 to 5.4, inclusive, of this act.
11. Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the countys covenants or duties, or in order to secure the payment of county securities.
12. Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent hereof.
13. Exercise all or any part or any combination of the powers herein granted.
Sec. 15. NRS 244.9248 is hereby amended to read as follows:
244.9248 In addition to the other means for providing revenue to defray the costs of the activities and projects authorized by NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act and to meet general obligation bond requirements, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the county.
Sec. 16. NRS 244.9253 is hereby amended to read as follows:
244.9253 Subject to the provisions of NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act, for any facilities as defined in paragraphs (a) and (b) of subsection 2 of NRS 244.923, any interest therein, or any project herein authorized, the board, as it may determine from time to time, may:
1. On the behalf and in the name of the county, levy assessments, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such facilities, interest therein, or project, the board may otherwise proceed as provided in the County Improvements Law and Local Government Securities Law, as from time to time amended.
2. Issue bonds or other securities in the name of and on behalf of the State of Nevada in accordance with the provisions of the State Securities Law.
Sec. 17. NRS 244.9257 is hereby amended to read as follows:
244.9257 The faith of the state is hereby pledged that NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act, any law supplemental or otherwise pertaining thereto, and any other act concerning the bonds or other county securities, taxes, assessments or the pledged revenues, or any combination of such securities, such taxes, such assessments and such revenues, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding county securities, until all such securities have been discharged in full or provision for their payment and redemption has been fully made, including without limitation from the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
κ1975 Statutes of Nevada, Page 1342 (CHAPTER 674, SB 468)κ
have been discharged in full or provision for their payment and redemption has been fully made, including without limitation from the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
Sec. 18. NRS 244.9259 is hereby amended to read as follows:
244.9259 The officers of the county are authorized and directed to take all action necessary or appropriate to effectuate the provisions of NRS 244.922 to 244.9261, inclusive [.] , and sections 2 to 5.4, inclusive, of this act.
Sec. 19. NRS 244.926 is hereby amended to read as follows:
244.926 1. NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted, including without limitation the granting of contractual powers to the county and the other public bodies and the financing of any project herein authorized wholly or in part and the issuance of county securities to evidence such loans.
2. No other act or law with regard to the making of contracts, the authorization or issuance of securities, other than the provisions of NRS 350.001 to 350.006, inclusive, or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
3. The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and neither the state nor any public body may perform any of the acts herein authorized to be done, except as herein otherwise provided.
4. No notice, consent or approval by the state or any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any county securities or the making of any contract or the exercise of any other power hereunder except as herein provided.
5. The powers conferred by NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act are in addition to and supplemental to, and the limitations imposed by such sections do not affect the powers conferred by any other law, general or special; and securities may be issued under such sections without regard to the procedure required by any other such law except as otherwise provided in such sections or in the State Securities Law. Insofar as the provisions of such sections are inconsistent with the provisions of any other law, general or special, the provisions of those sections are controlling.
6. No provision contained in NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act shall repeal or affect any other law or part thereof, it being intended that NRS 244.922 to 244.9261, inclusive, and sections 2 to 5.4, inclusive, of this act shall provide a separate method of accomplishing its objectives and not an exclusive one.
Sec. 20. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1343κ
Assembly Bill No. 563Committee on Judiciary
CHAPTER 675
AN ACT relating to obligations; clarifying the rights of an assignor and assignee; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 100 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any creditor may, without the consent of the debtor, transfer all or any part of his rights against the debtor to any third party. The assignee is entitled by virtue of an assignment or transfer to sue in his own name as a real party in interest. This section does not preclude a contract between the parties prohibiting the assignment or transfer of the creditors rights against the debtor to a third party.
________
Assembly Bill No. 326Committee on Transportation
CHAPTER 676
AN ACT creating the vehicle emission control section in the registration division of the department of motor vehicles; setting forth duties of emission control officers and granting peace officer powers thereto; and providing other matters properly relating thereto.
[Approved May 22, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section which shall read as follows: 1. There is hereby created, within the registration division of the department, a section known as the vehicle emission control section.
2. The director shall appoint, within the limits of legislative appropriations, vehicle emission control officers in the vehicle emission control section.
3. The duties of the vehicle emission control officers shall be to travel the state and:
(a) Act as agents and inspectors in the enforcement of the provisions of NRS 445.610 to 445.710, inclusive, chapter 482 of NRS and NRS 484.644 and 484.6441.
(b) Cooperate with personnel of the state environmental commission division of the state department of conservation and natural resources in all matters pertaining to vehicle emission control.
(c) Perform such other duties as may be imposed by the director.
4. Vehicle emission control officers shall have the powers of peace officers in carrying out their duties under this section but shall not be deemed police officers for purposes of chapter 286 of NRS.
κ1975 Statutes of Nevada, Page 1344 (CHAPTER 676, AB 326)κ
Sec. 2. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;
16. Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140;
19. The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in section 1 of this act;
22. The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; and
κ1975 Statutes of Nevada, Page 1345 (CHAPTER 676, AB 326)κ
[22.] 23. Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 491Committee on Government Affairs
CHAPTER 677
AN ACT relating to county government; revising the role of county government as it relates to unincorporated towns; providing for the formation of and government of unincorporated towns; declaring the services appropriate to town government; and providing other matters properly relating thereto.
[Approved May 23, 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 the provisions set forth as sections 2 to 28, inclusive, of this act.
Sec. 2. Sections 2 to 28, inclusive, of this act, may be cited as the Unincorporated Town Government Law.
Sec. 3. Whenever used in sections 2 to 28, inclusive, of this act, unless a different meaning clearly appears from the context, the following words and terms defined in sections 3.5 to 6, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3.5. Board means the board of county commissioners.
Sec. 4. Town advisory board means the board created pursuant to the provisions of sections 2 to 28, inclusive, of this act to assist the board of county commissioners in the government of an unincorporated town.
Sec. 5. (Deleted by amendment.)
Sec. 6. Unincorporated town or town means a specific unincorporated area within a county in which one or more governmental services are provided by the county in addition to those services provided in the general unincorporated area of the county, for which the residents of such area pay through ad valorem taxes or for which other revenue is secured from within the area.
Sec. 7. 1. It is hereby found and declared that there is a need for special government services in certain unincorporated areas of counties.
2. It is further found and declared that such services heretofore have been provided under varying interpretations of law, leading to widespread disparity in the recognition of the role of town government.
3. It is further found and declared that unincorporated town government is an adjunct of county government.
4. It is further found and declared that the residents of such areas have considerable interest in representative and participatory government for such areas and should be provided a role whereby they may assist the board of county commissioners in the management of government as it relates to such towns.
κ1975 Statutes of Nevada, Page 1346 (CHAPTER 677, SB 491)κ
the board of county commissioners in the management of government as it relates to such towns.
5. Finally, the purposes of sections 2 to 28, inclusive, of this act are to provide for the formation of unincorporated towns and their government according to a uniform plan within the framework of county administration of the unincorporated area.
Sec. 8. The provisions of sections 2 to 28, inclusive, of this act apply:
1. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. In any county having a population of 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, upon approval by the board of county commissioners of such county.
Sec. 9. An unincorporated town may be formed by means of an initiative petition of the residents of any specified unincorporated area within a county or by resolution of a board of county commissioners, pursuant to the procedure established by sections 2 to 28, inclusive, of this act.
Sec. 10. 1. If the initiative petition method is followed, the procedures established by NRS 295.085 to 295.125, inclusive, for the adoption of county ordinances by initiative petition shall be followed, subject to the criteria set forth in section 11 of this act and provided the petitions are signed by a number of registered voters of the area equal to 51 percent or more of the number of voters in such area who voted at the last preceding general election in the county, determined as nearly as is practicable from the voting records of the whole number of precincts within such area.
2. If the petitioners committee desires to place the question of formation on the ballot, without reference to the board of county commissioners, the initiative petition shall be signed by a number of voters of the area equal to 10 percent or more of the number of voters in such area who voted at the last preceding general election in the county, determined as provided in subsection 1.
Sec. 11. 1. The initiative petition presented to the board or the question placed on the ballot, as provided in section 10 of this act, shall contain a statement substantially as follows:
The undersigned declare their purpose to be the support of the concept of unincorporated town government, that they desire hereby to make provision for the supplying of one or more of the town services enumerated in section 17 of this act and that they acknowledge the fact that the supplying of such service or services will require a special tax levy, the establishment of a user fee schedule or a combination of both.
2. The boundaries of such area sought to be brought within an unincorporated town area shall be clearly designated and declared. The area encompassed shall be contiguous.
3. The petition shall state whether the town advisory board is to be composed of three members or five members, and shall also state the proposed method of selection and terms of office for such members.
κ1975 Statutes of Nevada, Page 1347 (CHAPTER 677, SB 491)κ
Sec. 12. 1. Notwithstanding any other provision of law, if the petition presented to the board contains the requisite number of signatures pursuant to subsection 1 of section 10 of this act and otherwise meets the requirements provided in section 11 of this act, the board shall, by ordinance, proceed with the formation of the unincorporated town. The ordinance shall contain a clear designation of the boundaries, a listing of services to be provided, the number of members to be on the town advisory board, the method of their selection and their terms of office.
2. If the petition presented to the board contains the requisite number of signatures pursuant to subsection 2 of section 10 of this act, the board shall, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for such town, at a special election or at the next succeeding general election. As a part of the question there shall be included the statement that an affirmative vote carries with it the assent to be taxed for the service or services indicated in the boards resolution.
Sec. 13. The board may, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for such town, at a special or the next succeeding general election. As a part of such question there shall be included the statement that the affirmative vote carries with it the assent to be taxed for the service indicated in the boards resolution.
Sec. 14. If a majority of the registered voters residing within the boundaries of the proposed unincorporated town and voting on the question in the special or general election as provided in subsection 2 of section 12 of this act or in section 13 of this act approve the question, the board shall by ordinance proceed with the formation of such unincorporated town. The ordinance shall contain a clear designation of the boundaries, a listing of the services to be provided, the number of members to be on the town advisory board, the method of their selection and their terms of office.
Sec. 15. (Deleted by amendment.)
Sec. 16. 1. Notwithstanding any other provision of law, the boards of county commissioners of the various counties in this state may enact ordinances to provide for and regulate the formation of unincorporated towns in the event specific unincorporated county areas are directed by federal or state law to administer one or more of the services enumerated in subsection 2.
2. The services to be provided include but are not limited to solid waste disposal and compliance with federal water or air quality standards.
3. Any such ordinance shall contain a clear designation of the boundaries of the unincorporated town, a listing of services to be provided, the number of members to be on the town advisory board, the method of their selection and their terms of office.
Sec. 17. 1. Town services, any one of which or any combination of which may be supplied to the residents of a particular unincorporated town include, but need not be limited to:
(a) Cemetery;
(b) Dump stations and sites;
κ1975 Statutes of Nevada, Page 1348 (CHAPTER 677, SB 491)κ
(c) Fire (volunteer);
(d) Flood control and drainage;
(e) Garbage collection;
(f) Parks (neighborhood);
(g) Recreation;
(h) Sewage collection;
(i) Streets;
(j) Street lights;
(k) Swimming pools;
(l) Television translator;
(m) Water distribution; and
(n) Acquisition, maintenance and improvement of town property.
2. Each unincorporated town shall be limited to that service or those services whose supply provided the basis for the formation of the town, as adjusted from time to time pursuant to section 17.5 of this act.
Sec. 17.5. The board of county commissioners may amend any ordinance providing for the formation of an unincorporated town to adjust one or more of the following:
1. The boundaries of such town.
2. The list of services to be provided.
3. The method of selection of members of the town advisory board.
4. The terms of office of the members of the town advisory board.
Sec. 18. The board of county commissioners of any county may, by resolution adopted at a regular meeting, designate any one or more of the services enumerated in section 17 as properly within the power of a town advisory board to manage.
Sec. 19. (Deleted by amendment.)
Sec. 20. The board of county commissioners shall consult with each town advisory board on matters relating to such town and shall give advance notice to the town advisory board concerning items relating to that town which will be on the boards agenda. The board shall notify town advisory boards of special projects or improvements pending and relating to such town and shall provide information thereon.
Such information shall cover but shall not be limited to commencement dates, completion dates and the scope of the work to be performed or the extent of the services to be supplied.
Sec. 21. 1. By agreement of the town advisory boards affected, two or more unincorporated towns may join in a single codification of their respective town ordinances.
2. Publications of town codes by title only is recognized as sufficient for all purposes.
Sec. 22. 1. The board shall:
(a) Solicit the advice of the town advisory board in preparation of the tentative budget for the town affected.
(b) Allow towns to recommend their own ordinances and codes. If the subject matter covered is the subject of an existing county ordinance, the town ordinance may not be less stringent than the county ordinance.
2. The board may allow town advisory boards to control any expenditures which are a part of a county-approved budget.
κ1975 Statutes of Nevada, Page 1349 (CHAPTER 677, SB 491)κ
Sec. 23. Copies of the ordinances of an unincorporated town shall be available from the chairman of the town advisory board or from the county clerk.
Sec. 24. Any nonappropriated funds available for town purposes may be expended at the discretion of the town advisory board.
Sec. 25. Audits of the records of unincorporated towns shall be conducted as part of the county audit.
Sec. 26. Each town advisory committee shall establish bylaws for town meetings and other matters of internal governance.
Sec. 27. Any property belonging to an unincorporated town on July 1, 1975, shall continue to be the property of such town as long as it exists as an unincorporated town unless, upon recommendation of the town advisory committee, the board of county commissioners provides by ordinance for the disposition of the property.
Sec. 28. An unincorporated town formed pursuant to the provisions of sections 2 to 28, inclusive, of this act may be dissolved by resolution of the board of county commissioners following a public hearing at which residents of such town are given an opportunity to speak. The resolution shall specify the reasons for the dissolution.
Sec. 29. The board of county commissioners in any county described in subsection 1 of section 2 of this act and in any other county choosing to come under the provisions of sections 2 to 28, inclusive, of this act shall submit a report to the 59th session of the legislature regarding the status of the unincorporated towns within its jurisdiction.
________
Senate Bill No. 619Committee on Finance
CHAPTER 678
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
1975-76 1976-77
Office of the governor
Comprehensive statewide planning.................................. $71,447 $72,170
Manpower services council................................................ 436,381 474,217
κ1975 Statutes of Nevada, Page 1350 (CHAPTER 678, SB 619)κ
1975-76 1976-77
Attorney general
Administration...................................................................... $534,131 $533,217
Private detective................................................................... 15,591 16,411
State controller............................................................................ 100,000 100,000
Department of administration
Budget division.................................................................... 7,725 7,725
Insurance premium revolving fund.................................... 429,900 454,400
Clear Creek youth center..................................................... 1,200 1,200
Personnel division................................................................ 956,552 988,521
Intergovernmental personnel....................................... 113,800 118,200
Department of general services
Directors office.................................................................... 55,226 56,548
State printing office.............................................................. 1,288,696 1,459,241
Records management services..................................... 187,209 202,411
Buildings and grounds division......................................... 1,954,230 2,172,313
Statewide leases............................................................. 842,479 842,479
Motor pool............................................................................ 716,788 723,306
Working capital fund........................................................... 1,406,435 1,438,914
Purchasing division............................................................. 706,678 676,238
Commodity food program............................................. 137,340 134,322
Surplus property administration.................................. 102,720 108,324
Central data processing....................................................... 1,547,235 1,636,454
Marlette Lake........................................................................ 40,744 41,277
Accounting division............................................................ 157,111 164,146
Nevada tax commission............................................................. 154,935 159,364
Computer facility......................................................................... 1,708,235 1,855,178
Legislative fund
Audit division....................................................................... 5,000 5,000
Legal division........................................................................ 225,000 75,000
District judges travel................................................................. 700 700
Public defender........................................................................... 81,535 89,650
State department of education
Administration...................................................................... 105,258 106,518
Vocational education........................................................... 1,510,569 1,610,158
School lunch program.......................................................... 2,002,341 2,083,314
Adult basic education......................................................... 230,531 230,546
Higher education student loan........................................... 99,000 119,000
National Defense Education Act....................................... 113,333 113,333
Comprehensive Employment Training Act...................... 148,640 156,282
Fleischmann scholarships................................................... 242,201 242,546
Indian education................................................................... 230,000 230,000
Elementary and Secondary Education Act, Title VI........ 305,755 306,736
Elementary and Secondary Education Act, Title V......... 643,210 643,466
Elementary and Secondary Education Act, combined... 2,850,000 2,850,000
κ1975 Statutes of Nevada, Page 1351 (CHAPTER 678, SB 619)κ
1975-76 1976-77
Teacher training for handicapped children...................... $61,593 $61,911
Education Civil Rights, Title IV.......................................... 77,005 80,691
Advisory council for career education.................................... 71,549 67,451
Educational communications commission.............................. 3,500 2,000
T.V. satellite................................................................................. 20,378 20,345
University of Nevada System
Intercollegiate athletics-U.N.R........................................... 75,000 75,000
Intercollegiate athletics-U.N.L.V........................................ 75,000 75,000
Agriculture experiment station........................................... 665,845 665,845
Cooperative extension service........................................... 620,000 620,000
University of Nevada, Reno............................................... 3,740,590 3,811,870
Medical School-U.N.R......................................................... 407,610 407,610
University of Nevada, Las Vegas...................................... 2,271,899 2,402,829
Clark County community college....................................... 898,260 1,030,420
Western Nevada community college................................ 685,500 775,830
Northern Nevada community college................................ 80,280 84,260
Western Interstate Commission for Higher Education......... 246,909 246,908
Nevada historical society.......................................................... 8,500 8,500
Nevada state museum................................................................ 12,066 12,620
Nevada council on the arts....................................................... 310,000 420,000
Nevada state library................................................................... 83,430 83,430
Library cooperation.............................................................. 40,000 40,000
Library service improvement.............................................. 361,000 361,000
Department of human resources
Director of human resources.............................................. 5,000 ------------
Aging services............................................................... 1,099,851 1,100,443
Nevada youth training center...................................... 40,000 40,000
Youth parole-boys school............................................ 51,170 43,415
Youth training center-ESEA, Title I............................. 61,854 64,616
Girls training center
Girls training center-ESEA, Title I......................... 25,000 25,000
Health division
Office of the state health officer............................ 69,635 69,635
Dental health............................................................ 71,188 71,188
Medical laboratory certification............................ 3,800 4,000
Bureau of health facilities....................................... 179,123 179,123
Family planning project.......................................... 69,557 69,557
Bureau of laboratory and research....................... 42,406 42,406
Womens, infants and childrens food supplement program ............................................................................. 758,167 809,833
κ1975 Statutes of Nevada, Page 1352 (CHAPTER 678, SB 619)κ
1975-76 1976-77
Maternal, child, school and special children....... $510,013 $510,013
Milk inspection revolving fund............................. 1,000 1,000
Developmental disabled child............................... 40,260 41,666
Bureau of community health services.................. 348,579 357,709
Health aid to counties............................................. 120,000 120,000
Emergency medical services.................................. 78,451 80,174
Gonorrhea screening project................................. 83,427 86,879
Immunization program............................................ 42,882 43,909
Consumer protection.............................................. 106,147 108,527
Cancer screening project........................................ 21,872 22,688
Environmental protection............................................. 239,923 240,923
Comprehensive health planning.................................. 140,838 140,838
Division of mental hygiene and mental retardation.. ---------- 19,533
Nevada mental health institute.............................. 261,670 265,837
Reno mental health center...................................... 45,000 45,000
Rural clinics.............................................................. 157,425 154,922
Las Vegas mental health center............................. 897,415 729,468
Henderson mental health center........................... 23,335 23,668
Clark County emotionally disturbed childrens program 217,428................................................................ 224,267
Mental retardation................................................... 130,848 130,848
Community training center..................................... 75,000 75,000
Foster grandparents program................................ 148,000 148,000
Resident placement................................................. 108,000 118,000
Community relevant planning............................... 48,758 50,928
Community awareness project.............................. 144,469 149,625
Welfare division
Administration......................................................... 4,293,084 4,412,063
Child welfare............................................................. 510,840 604,366
Aid to dependent children..................................... 4,952,340 4,787,100
Medical care unit..................................................... 12,740,939 13,642,749
Food stamp program............................................... 1,140,505 1,125,044
Work incentive........................................................ 45,000 45,000
Homemaking services............................................. 216,906 234,122
Federal Cuban refugee program............................ 336,638 338,297
κ1975 Statutes of Nevada, Page 1353 (CHAPTER 678, SB 619)κ
1975-76 1976-77
U.S. Indian service.................................................. $84,951 $86,245
Child protection....................................................... 84,899 93,389
Rehabilitation division
Administration......................................................... 507,306 527,223
Vocational rehabilitation........................................ 2,138,460 2,113,410
Social services-vocational rehabilitation............. 207,450 207,450
Services to the blind............................................... 281,581 281,581
Social services for the blind................................... 90,000 90,000
Alcoholism and drug rehabilitation...................... 363,662 300,000
Developmental disabilities..................................... 100,000 100,000
Social security disability adjudication................. 1,125,961 1,271,384
Office of economic opportunity............................ 127,107 129,182
Department of the military......................................................... 260,156 288,026
Civil defense and disaster agency..................................... 56,484 57,929
RADEF program............................................................. 31,715 34,001
Hardware program.......................................................... 375,000 380,000
Surplus property civil defense..................................... 8,500 9,000
Emergency planning-civil defense.............................. 26,635 27,385
Personnel and administrative program....................... 280,000 290,000
Nevada state prison administration......................................... 351,427 301,732
Parole and probation.................................................................. 35,000 27,000
Commission on crime, delinquency and corrections
Planning and training........................................................... 193,600 194,100
Small county and Indian justice planner........................... 40,396 39,628
Crime commission-federal grants....................................... 2,100,400 2,524,400
Identification and communications division.................... 85,000 86,730
Identification and communications, federal............... 827,619 824,687
Investigation and narcotics division................................. 25,000 44,439
State communications board..................................................... 91,039 190,711
Gaming control board investigative fund............................... 650,000 750,000
Commerce department
National association of insurance commissioners.......... 20,000 20,000
Insurance examiners............................................................. 310,000 310,000
Fire marshal........................................................................... 144,168 144,636
Real estate administration................................................... 51,000 45,000
Real estate education and research............................. 70,000 80,000
κ1975 Statutes of Nevada, Page 1354 (CHAPTER 678, SB 619)κ
1975-76 1976-77
Real estate recovery...................................................... $50,000 $50,000
Real estate investigative fund...................................... 1,000 1,000
Racing commission..................................................................... 11,000 11,000
Athletic commission................................................................... 48,411 48,395
Public service commission........................................................ 1,060,250 1,060,111
Taxicab authority........................................................................ 359,630 374,041
Department of conservation and natural resources
Division of state lands......................................................... 30,000 30,000
Division of water resources................................................ 50,000 50,000
Division of Colorado River resources............................... 305,824 319,921
Land and water conservation program............................. 28,590 28,812
Park historic preservation program.................................... 5,627 5,628
Division of forestry.............................................................. 671,833 678,634
Forestry nurseries.......................................................... 133,558 74,500
Forest fire suppression................................................. 100,000 100,000
Forestry pest control..................................................... 10,000 10,000
Forest and watershed rehabilitation............................ 5,000 5,000
Oil and gas conservation commission.............................. 1,800 1,700
Heil wildhorse bequest........................................................ 535,000 ----------
Fish and game fund.................................................................... 3,604,310 4,198,212
Fish and Game Boat Act...................................................... 219,393 256,400
Dairy commission....................................................................... 185,665 190,100
Department of agriculture
Plant industry fund.............................................................. 88,308 90,698
Apiary inspection fund....................................................... 7,835 8,185
Agriculture registration and enforcement fund............... 63,241 61,685
Livestock inspection fund.................................................. 257,814 271,277
Insect abatement.................................................................. 45,000 45,000
Veterinary medical services................................................ 3,000 3,000
Sheep inspection fund............................................................... 13,100 13,100
Woolgrowers predatory animal control.................................. 66,071 65,592
Department of highways........................................................... 70,603,200 69,913,000
Department of motor vehicles
Automation division............................................................ 5,000 5,000
Law enforcement, highway patrol...................................... 86,509 122,740
Highway patrol special fund............................................... 1,875,579 2,016,247
Registration division............................................................ 18,373 17,023
Motor vehicle pollution control......................................... 40,485 41,193
Highway safety program........................................................... 144,780 147,198
Public employees retirement fund........................................... 700,304 747,974
Employment security department
Unemployment compensation administration................. 7,992,646 8,257,994
Old-age survivors insurance administration.................... 4,500 4,500
κ1975 Statutes of Nevada, Page 1355 (CHAPTER 678, SB 619)κ
1975-76 1976-77
Work incentive program...................................................... $287,281 $299,317
Emergency Employment Act..................................................... 400,000 400,000
Comprehensive Employment and Training Act..................... 500,000 500,000
Professional and vocational boards
Board of accounting............................................................ 70,068 77,750
Board of architecture........................................................... 30,580 32,450
State barbers health and sanitation board...................... 13,300 13,300
Board of chiropractic examiners......................................... 10,450 10,500
Board of contractors............................................................ 396,000 396,000
Board of cosmetology......................................................... 73,268 73,268
Board of dental examiners................................................... 11,010 11,010
Board of registered and professional engineers.............. 49,400 53,800
Board of funeral directors and embalmers........................ 3,930 3,400
State liquefied petroleum gas board.................................. 15,541 15,541
Board of medical examiners................................................. 61,961 59,092
Board of nursing................................................................... 59,365 59,215
Board of dispensing opticians........................................... 1,255 1,255
Board of optometry.............................................................. 5,550 6,050
Board of osteopathy............................................................ 500 500
Board of pharmacy............................................................... 75,500 76,500
Board of physical therapy examiners................................ 500 500
Board of Chinese Medicine................................................ 10,170 10,170
Board of podiatry................................................................. 744 744
Board of psychological examiners..................................... 500 500
Board of examiners in veterinary medicine....................... 5,000 5,000
Sec. 2. 1. Expenditure of $2,781,363 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1975, and ending June 30, 1976.
2. Expenditure of $2,746,284 by the Nevada gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1976, and ending June 30, 1977.
Sec. 3. Expenditure of $783,000 by the state parks division of the department of conservation and natural resources for marina development is hereby authorized for the biennium beginning July 1, 1975, and ending June 30, 1977.
Sec. 4. The funds authorized to be expended by the provisions of sections 1, 2 and 3 of this act (except the legislative fund) shall be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
κ1975 Statutes of Nevada, Page 1356 (CHAPTER 678, SB 619)κ
made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 5. 1. Except as provided in subsection 2, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1, 2 and 3 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1, 2 and 3 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1 of this act.
Sec. 6. Where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury shall be decreased to the extent that the receipts of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipts of such funds as are to be received from other sources.
________
Assembly Bill No. 803Committee on Ways and Means
CHAPTER 679
AN ACT making appropriations from the general fund, the state highway fund, the state insurance fund and the fish and game fund in the state treasury for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977; making supplemental appropriations for the support of certain state officers and agencies for the fiscal year ending June 30, 1975; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund in the state treasury for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977.
κ1975 Statutes of Nevada, Page 1357 (CHAPTER 679, AB 803)κ
years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977.
1975-76 1976-77
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor........ $369,634................................................................... $373,281
For the support of the governors mansion........... 65,935................................................................... 72,292
For the support of the office of the extradition clerk ................................................................... 89,666 89,666
For the support of the office of the governors advisory council on children and youth............................ 3,000................................................................... 3,000
For the support of the governors commission on status of people....................................................... 2,500................................................................... 2,500
For the support of the office of comprehensive statewide planning................................................... 71,446................................................................... 72,169
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor ................................................................... 32,210 38,446
Sec. 4. The Office of Attorney General.
For the support of the office of attorney general.. 668,103................................................................... 706,390
For the special fund of the attorney general.......... 32,500................................................................... 35,000
Sec. 5. The Office of Secretary of State.
For the support of the office of secretary of state 568,143................................................................... 394,095
For the support of the archives division................ 71,180................................................................... 68,001
Sec. 6. The Office of State Treasurer.
For the support of the office of state treasurer..... 135,484................................................................... 133,154
Sec. 7. The Office of State Controller.
For the support of the office of the state controller ................................................................... 643,262 688,542
Sec. 8. Department of Administration.
The following sums are hereby appropriated for the support of:
Budget division.......................................................... 364,451................................................................... 387,293
Merit award board...................................................... 5,500................................................................... 5,500
Insurance premium revolving fund......................... 5,500................................................................... 5,500
Clear Creek youth center........................................... 82,316................................................................... 79,404
κ1975 Statutes of Nevada, Page 1358 (CHAPTER 679, AB 803)κ
1975-76 1976-77
Sec. 9. Department of General Services.
The following sums are hereby appropriated for the support of:
Records management services section of the state printing and records division...................................... $36,750................................................................... $34,750
Buildings and grounds division.............................. 13,200................................................................... 14,012
Lost City museum...................................................... 67,303................................................................... 50,879
Commodity food program......................................... 18,700................................................................... 9,350
Central data processing division............................. 37,500................................................................... 37,500
Sec. 10. State Board of Finance.
For the support of the state board of finance........ 24,692................................................................... 24,657
Sec. 11. Department of Economic Development.
For the support of the department of economic development ................................................................... 499,268 499,347
Sec. 12. State Public Works Board.
For the support of the state public works board... 381,659................................................................... 390,987
Sec. 13. Nevada Tax Commission.
For the support of the Nevada tax commission..... 2,491,717................................................................... 2,563,855
Sec. 14. Nevada Commissioner for Veteran Affairs.
For the support of the Nevada commissioner for veteran affairs ................................................................... 142,229 142,355
Sec. 15. Nevada Equal Rights Commission.
For the support of the Nevada equal rights commission ................................................................... 252,272 256,189
Sec. 16. Indian Affairs Commission.
For the support of the Indian affairs commission. 72,568................................................................... 74,705
Sec. 17. Employee-Management Relations Board.
For the support of the employee-management relations board ................................................................... 52,858 53,801
Sec. 18. Legislative Fund.
For the support of the legislative commission...... 120,010................................................................... 99,060
For the support of the audit division of the legislative counsel bureau....................................................... 423,988................................................................... 434,572
For the support of the legal division of the legislative counsel bureau....................................................... 828,572................................................................... 859,829
κ1975 Statutes of Nevada, Page 1359 (CHAPTER 679, AB 803)κ
1975-76 1976-77
For the support of the research and fiscal analysis division of the legislative counsel bureau.............. $294,991................................................................... $306,397
For the support of the legislative counsel bureau consumer price index adjustment........................... 29,000................................................................... 62,000
For maintenance of the unallocated space in the legislative building.................................................... 40,986................................................................... 74,789
Sec. 19. Supreme Court of Nevada.
For the support of the supreme court of Nevada.. 714,495................................................................... 719,750
For the support of the state board of pardons commissioners ................................................................... 23,600 19,754
For the support of the law library............................ 119,667................................................................... 145,409
For the support of the law library salary adjustment ................................................................... 1,300 1,300
Sec. 20. District Judges Travel.
For the support of district judges travel............... 33,500................................................................... 33,500
Sec. 21. District Judges Salaries and Judicial Pensions.
For the support of district judges salaries and pensions of justices, judges and widows................. 878,947................................................................... 880,387
Sec. 22. Public Defender.
For the support of the office of public defender... 108,873................................................................... 106,037
Sec. 23. State Department of Education.
The following sums are hereby appropriated for the support of:
Education administration.......................................... 777,357................................................................... 789,221
Vocational education................................................. 492,570................................................................... 492,625
Automobile driver education................................... 168,000................................................................... 171,500
School lunch program............................................... 126,000................................................................... 168,000
Adult basic education............................................... 14,536................................................................... 14,536
Higher education student loan................................ 20,000................................................................... 20,000
Advisory committee for environmental education....................... ................................................................... 2,000 2,000
Care of visually and aurally handicapped.............. 194,000................................................................... 216,500
Sec. 24. Nevada Advisory Council for Vocational-technical Education.
For the support of the Nevada advisory council for vocational-technical education................................ ----------................................................................... 5,534
κ1975 Statutes of Nevada, Page 1360 (CHAPTER 679, AB 803)κ
1975-76 1976-77
Sec. 25. Nevada Educational Communications Commission.
For the support of the Nevada educational communications commission.............................................. $56,933................................................................... $57,122
For the support of the T.V. satellite program......... 26,526................................................................... 26,748
Sec. 26. University of Nevada System.
The following sums are hereby appropriated for the support of:
System administration............................................... 485,400................................................................... 516,767
Community college administration.......................... 325,098................................................................... 340,012
University press......................................................... 110,010................................................................... 120,333
Statewide programs-UNR......................................... 1,001,173................................................................... 1,061,971
Intercollegiate athletics-UNR................................... 481,447................................................................... 508,956
Statewide programs-UNLV....................................... 90,169................................................................... 96,516
Intercollegiate athletics-UNLV................................. 481,447................................................................... 508,956
Agricultural experiment station................................ 1,409,484................................................................... 1,530,757
Cooperative extension services............................... 1,076,693................................................................... 1,185,350
System computing center......................................... 1,111,931................................................................... 1,166,481
Desert research institute........................................... 782,982................................................................... 821,965
National direct student loan..................................... 75,000................................................................... 75,000
University of Nevada, Reno..................................... 12,560,373................................................................... 13,888,826
Medical School, UNR................................................ 870,436................................................................... 952,175
University of Nevada, Las Vegas............................ 9,820,510................................................................... 11,048,048
Clark County community college............................. 2,882,306................................................................... 3,418,037
Western Nevada community college...................... 1,941,936................................................................... 2,385,438
Northern Nevada community college..................... 493,281................................................................... 533,773
Shift differential and longevity pay......................... 79,245................................................................... 79,245
Business and economic research-UNLV................ 84,715................................................................... 91,396
Sec. 27. Western Interstate Commission for Higher Education.
For the support of the western interstate commission for higher education................................................. 436,865................................................................... 683,253
Sec. 28. Nevada Historical Society.
For the support of the Nevada historical society. 123,834................................................................... 125,536
Sec. 29. Nevada State Museum.
For the support of the Nevada state museum....... 296,947................................................................... 299,339
Sec. 30. Nevada Council on the Arts.
For the support of the Nevada council on the arts ................................................................... 62,695 63,555
Sec. 31. Nevada State Library.
For the support of the Nevada state library........... 509,337................................................................... 513,916
κ1975 Statutes of Nevada, Page 1361 (CHAPTER 679, AB 803)κ
1975-76 1976-77
For the support of library cooperation................... $75,593................................................................... $81,174
Sec. 32. Department of Human Resources.
The following sums are hereby appropriated for the support of:
Office of director of human resources.................... 245,236................................................................... 246,477
Child care services division...................................... 38,143................................................................... 40,083
Aging services division............................................ 111,895................................................................... 117,961
Northern Nevada childrens home.......................... 443,806................................................................... 453,072
Southern Nevada childrens home.......................... 428,680................................................................... 439,930
Nevada youth training center.................................. 1,733,728................................................................... 1,769,356
Youth parole-boys school....................................... 207,149................................................................... 219,579
Spring Mountain youth camp.................................. 240,000................................................................... 240,000
Probation subsidies................................................... 508,000................................................................... 567,000
Nevada girls training center..................................... 1,089,529................................................................... 1,109,554
Youth parole-girls school........................................ 150,384................................................................... 168,162
Boys school-girls school reserves....................... 153,000................................................................... 414,496
Home of the Good Shepherd.................................... 225,000................................................................... 225,000
Health division
Office of state health officer.............................. 158,928................................................................... 162,889
Dental Health....................................................... 278,804................................................................... 278,026
Vital statistics....................................................... 175,303................................................................... 183,483
Medical laboratory certification........................ 7,259................................................................... 6,627
Bureau of health facilities................................... 110,640................................................................... 120,176
Family planning project...................................... 15,813................................................................... 15,813
Bureau of laboratory and research................... 410,584................................................................... 389,658
Maternal, child, school and special childrens services ................................................................... 979,972................................................................... 1,065,855
Bureau of community health services.............. 384,996................................................................... 386,303
Health aid to counties......................................... 246,615................................................................... 246,615
Emergency medical services.............................. 84,572................................................................... 86,433
Consumer protection.......................................... 267,622................................................................... 272,010
Environmental protection................................... 296,190................................................................... 311,130
Silicosis program................................................. 30,896................................................................... 30,896
Renal disease advisory committee.................... 12,620................................................................... 2,620
Comprehensive health planning....................... 23,362................................................................... 27,697
Mental hygiene and mental retardation division
Administration..................................................... 248,335................................................................... 232,130
Nevada mental health institute.......................... 5,211,404................................................................... 5,343,175
Facility for the mental offender......................... 552,127................................................................... 570,244
Reno mental health center.................................. 433,368................................................................... 436,780
Rural clinics.......................................................... 401,205................................................................... 416,842
Las Vegas mental health center......................... 898,188................................................................... 1,114,911
κ1975 Statutes of Nevada, Page 1362 (CHAPTER 679, AB 803)κ
1975-76 1976-77
Henderson mental health center....................... $180,165................................................................... $184,329
Clark County emotionally disturbed childrens program ................................................................... 410,685 406,962
Childrens behavioral services-Washoe County ................................................................... 81,097 76,669
Mental retardation............................................... 767,366................................................................... 804,316
Desert development center................................ 72,582................................................................... 89,128
Community training center................................. 395,947................................................................... 452,122
Foster grandparents program............................ 31,160................................................................... 31,324
Resident placement............................................. 60,000................................................................... 117,200
Welfare division
Administration..................................................... 2,575,850................................................................... 2,647,237
Aid to dependent children................................. 4,952,340................................................................... 4,787,100
Assistance to aged and blind............................ 2,547,957................................................................... 2,547,957
Medical care unit................................................. 5,498,840................................................................... 5,631,646
Food stamp program........................................... 1,140,505................................................................... 1,125,043
Work incentive program..................................... 49,805................................................................... 49,805
Homemaking services......................................... 72,302................................................................... 78,041
Child protection program................................... 28,300................................................................... 31,130
Child welfare services......................................... 757,980................................................................... 899,342
Vocational rehabilitation division
Vocational rehabilitation........................................... 867,528................................................................... 778,234
Social services-vocational rehabilitation......... 69,150................................................................... 69,150
Services to the blind........................................... 307,317................................................................... 328,531
Social services for the blind............................... 30,000................................................................... 30,000
Alcohol and drug abuse rehabilitation............ 348,160................................................................... 410,977
Committee to hire the handicapped.................. 59,359................................................................... 58,832
Developmental disabilities................................. 10,000................................................................... 10,000
Sec. 33. Office of Economic Opportunity.
For the support of the director of economic opportunity ................................................................... 15,000 15,000
Sec. 34. Department of the Military.
For the support of the department of the military. 420,466................................................................... 422,004
For the support of National Guard benefits........... 55,000................................................................... 55,000
For the support of the civil defense and disaster agency ................................................................... 56,484 57,930
Sec. 35. Nevada State Prison.
For the support of the Nevada state prison........... 5,239,364................................................................... 5,549,443
For the support of the southern Nevada prison... ----------................................................................... 50,643
Sec. 36. Department of Parole and Probation.
κ1975 Statutes of Nevada, Page 1363 (CHAPTER 679, AB 803)κ
1975-76 1976-77
For the support of the department of parole and probation ................................................................... $1,342,456................................................................... $1,446,063
Sec. 37. Parole Board.
For the support of the parole board........................ 51,471................................................................... 51,730
Sec. 38. Commission on Crimes, Delinquency and Corrections.
The following sums are hereby appropriated for the support of:
Commission on crimes, delinquency, corrections, planning and training..................................................... 109,432................................................................... 120,246
Peace officer standards and training program....... 32,000................................................................... 35,200
Federal grants, crime commission for local government buy-in ................................................................... 72,681 94,903
Identification and communications division.......... 208,513................................................................... 215,213
Investigations and narcotics division.................... 610,116................................................................... 675,669
Sec. 39. State Communications Board.
For the support of the state communications board ................................................................... 82,132 ----------
Sec. 40. Department of Commerce.
The following sums are hereby appropriated for the support of:
Office of the director.................................................. 132,870................................................................... 134,660
Housing division........................................................ 39,491................................................................... 41,580
Insurance division..................................................... 582,835................................................................... 593,031
Fire marshal................................................................. 87,511................................................................... 87,520
Banking, savings and loan division........................ 267,663................................................................... 266,215
Consumer affairs division......................................... 221,536................................................................... 226,003
Real estate division.................................................... 566,254................................................................... 576,374
Sec. 41. Labor Commissioner.
For the support of the labor commissioner............ 247,217................................................................... 248,840
Sec. 42. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Office of the director.................................................. 223,945................................................................... 222,496
State environmental commission............................. 26,460................................................................... 26,412
Conservation districts............................................... 32,829................................................................... 32,936
State lands division................................................... 90,441................................................................... 89,997
Tahoe regional planning agency............................. 50,000................................................................... 50,000
Division of water resources...................................... 699,695................................................................... 702,495
California-Nevada compact commission................ 3,000................................................................... 3,000
Division of state parks.............................................. 1,169,281................................................................... 1,166,478
κ1975 Statutes of Nevada, Page 1364 (CHAPTER 679, AB 803)κ
1975-76 1976-77
Park planning and development........................ $159,271................................................................... $156,838
Land and water conservation............................ 53,095................................................................... 53,509
Park historic preservation.................................. 16,882................................................................... 16,884
Virginia & Truckee railroad................................ 15,300................................................................... 12,300
Division of forestry.................................................... 474,002................................................................... 414,576
Forestry nurseries............................................... 52,052................................................................... 66,238
Forest fire suppression....................................... 100,000................................................................... 100,000
Committee on federal land laws............................... 2,500................................................................... 2,500
Sec. 43. Department of Fish and Game.
For the support of the department of fish and game ................................................................... 18,000 18,000
Sec. 44. State Department of Agriculture.
For the support of the plant industry fund............ 719,245................................................................... 700,721
For the support of the veterinary medical services ................................................................... 219,494 214,944
Sec. 45. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board ................................................................... 5,000 5,000
Sec. 46. State Predatory Animal and Rodent Control Committee.
For the support of the state predatory animal and rodent control committee................................................. 349,911................................................................... 354,780
Sec. 47. High School Rodeo Association.
For the support of the high school rodeo association ................................................................... 2,500 2,500
Sec. 48. Advisory Mining Board.
For the support of the advisory mining board...... 1,500................................................................... 1,500
Sec. 49. Mining Cooperative Fund.
For the support of the mining cooperative fund... 155,0000................................................................... 165,000
Sec. 50. Department of Motor Vehicles.
For the support of the highway safety program... 8,240................................................................... 8,397
Sec. 51. State Board of Examiners.
For the support of the longevity incentive plan... 80,000................................................................... 80,000
Sec. 52. Virginia City Historic District Commission.
κ1975 Statutes of Nevada, Page 1365 (CHAPTER 679, AB 803)κ
1975-76 1976-77
For the support of the Virginia City historic district commission ................................................................... $6,000 $6,000
Sec. 53. Western Interstate Nuclear Board.
For the support of the western interstate nuclear board ................................................................... 15,000 15,000
Sec. 54. State Board of Examiners.
For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055 ................................................................... 89,848 125,509
Sec. 55. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund...................................... 2,642,604................................................................... 2,715,563
Sec. 56. The following sums are hereby appropriated from the state highway fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977.
Attorney General: Administrative fund.................. 254,994................................................................... 254,595
Public Service Commission....................................... 323,635................................................................... 338,552
Nevada Tax Commission........................................... 56,731................................................................... 59,565
Department of Motor Vehicles
Directors office................................................... 248,294................................................................... 241,126
Administrative services...................................... 790,504................................................................... 831,704
Automation.......................................................... 1,076,616................................................................... 1,113,576
Law enforcement, highway patrol..................... 2,776,546................................................................... 2,769,818
Drivers license.................................................... 916,758................................................................... 903,309
Motor carrier........................................................ 1,028,165................................................................... 1,039,720
Registration.......................................................... 1,304,174................................................................... 1,343,040
Highway safety program.................................... 8,240................................................................... 8,397
State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055...................................................... 24,613................................................................... 20,234
State board of examiners for the support of the longevity incentive plan.......................................... 5,000................................................................... 5,000
Sec. 57. The following sums are hereby appropriated from the state insurance fund in the state treasury for the
κ1975 Statutes of Nevada, Page 1366 (CHAPTER 679, AB 803)κ
1975-76 1976-77
purpose hereinafter expressed for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977.
State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055...................................................... $4,007................................................................... $3,294
Sec. 58. The following sums are hereby appropriated from the fish and game fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977.
For the support of the state predatory animal and rodent control committee................................................. 20,000................................................................... 20,000
Sec. 59. 1. Except as provided in subsection 3, the sums herein appropriated shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the 2 separate fiscal years, 1975-76 and 1976-77, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 60. Notwithstanding any other provisions of this act, the sums appropriated to:
1. Care of visually and aurally handicapped (section 23);
2. Higher education student loan (section 23);
3. Western interstate commission for higher education (section 27);
4. Maternal, child, school and special childrens services (section 32);
5. Aid to dependent children (section 32);
6. Assistance to aged and blind (section 32);
7. Medical care unit (section 32);
8. Food stamp program (section 32);
9. Child welfare services (section 32);
10. Longevity incentive plan (section 51);
11. Forest fire suppression (section 32);
κ1975 Statutes of Nevada, Page 1367 (CHAPTER 679, AB 803)κ
12. Consolidated bond interest and redemption fund (section 56), shall be available for both fiscal years 1975-76 and 1976-77, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
Sec. 61. Notwithstanding any other provision of this act, the sums appropriated for 1975-76 to the federal grants, crime commission by section 38 shall not be encumbered or committed for expenditure after June 30, 1977, and the unexpended balance shall revert to the general fund in the state treasury. The sums appropriated for 1976-77 to the federal grants, crime commission by section 38 shall not be encumbered or committed for expenditure after June 30, 1978, and the unexpended balance shall revert to the general fund in the state treasury.
Sec. 62. Notwithstanding any other provision of this act, the sums appropriated to the legislative fund by section 18 for the support of the legislative commission and the various divisions of the legislative counsel bureau shall be available for both fiscal years 1975-76 and 1976-77, and may be transferred among the legislative commission and the various divisions of the legislative counsel bureau and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 63. 1. Unencumbered balances of the appropriations herein made for the fiscal years 1975-76 and 1976-77 shall not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 of this section, unencumbered balances of these appropriations shall revert to the fund from which appropriated.
2. Any unencumbered balance of the appropriations made to the legislative fund by section 18, the higher education student loan program by section 23 and the western interstate commission for higher education by section 27 shall not revert to the general fund but shall constitute a balance carried forward.
Sec. 64. For the fiscal year ending June 30, 1975, there is hereby appropriated from the general fund in the state treasury:
1. The sum of $19,000 for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 769, Statutes of Nevada 1973.
2. The sum of $455 for the support of the archives division in the office of secretary of state as an additional and supplemental appropriation to that allowed and made by section 4 of chapter 769, Statutes of Nevada 1973.
3. The sum of $250,000 to the legislators retirement fund.
4. The sum of $6,000 to the public employees retirement board to be expended for the administration of the legislators retirement system.
5. The sum of $104,000 to the budget division of the department of administration for the purpose of preparing executive agency bill drafts in preparation for the 59th session of the Nevada legislature.
6. The sum of $2,400 for the support of the law library as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 769, Statutes of Nevada 1973.
κ1975 Statutes of Nevada, Page 1368 (CHAPTER 679, AB 803)κ
Sec. 65. This section and section 64 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1975.
________
Senate Bill No. 479Committee on Government Affairs
CHAPTER 680
AN ACT relating to county comptrollers; authorizing the appointment of county comptrollers in counties having a population less than 100,000; providing that in counties where there is a county administrator or county manager the county comptroller shall be appointed by the county administrator or county manager, with the confirmance of the board of county commissioners; providing for specification of procedures and duties of the county comptroller by the county administrator or county manager under certain circumstances; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 251.170 is hereby amended to read as follows:
251.170 1. [The board of county commissioners of] In each county having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce [shall appoint a county comptroller, who] :
(a) Where there is a county administrator or county manager, the county administrator or county manager, with the confirmation of the board of county commissioners, shall appoint a county comptroller.
(b) Where there is no county administrator or county manager, the board of county commissioners shall appoint a county comptroller. The county comptroller shall perform all of the duties required of county auditors under this chapter or any other applicable law of this state, including county ordinances.
2. [The board may fix the compensation of the county comptroller and may specify the procedures which he shall follow in performing the duties of his office.
3. The county comptroller shall be the chief fiscal officer of his county under the direction of the board of county commissioners.
4.] In any county having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
(a) Where there is a county administrator or county manager, the county administrator or county manager, with the confirmation of the board of county commissioners, may appoint a county comptroller.
(b) Where there is no county administrator or county manager, the board of county commissioners shall appoint a county comptroller.
The county comptroller shall perform all of the duties required of county auditors under this chapter or any other applicable law of this state, including county ordinances.
κ1975 Statutes of Nevada, Page 1369 (CHAPTER 680, SB 479)κ
3. The board may fix the compensation of the county comptroller. In counties where there is a county administrator or county manager, such administrator or manager may specify the procedures which the county comptroller shall follow in performing the duties of his office. In counties where there is no county administrator or county manager, the board of county commissioners may specify the procedures which the county comptroller shall follow in performing the duties of his office.
4. The county comptroller shall be the chief fiscal officer of his county under the direction of the county administrator or county manager, where there is one, subject to approval of the board of county commissioners. Where there is no county administrator or county manager, the county comptroller shall be under the direction of the board of county commissioners.
5. The county comptroller, as directed by the board of county commissioners, shall audit all books and records of any fund or department of the county and report the findings to the board.
[5.] 6. The county comptroller shall keep an office at the county seat of his county, which shall be kept open in accordance with the provisions of NRS 245.040.
________
Assembly Bill No. 637Assemblymen Glover and Jacobsen
CHAPTER 681
AN ACT relating to the Marlette Lake water system; authorizing the state board of examiners to issue and sell state securities in not to exceed the principal amount of $5,000,000, for the purpose of acquiring with the proceeds thereof certain facilities for and improvements to the Marlette Lake water system; prescribing other details and conditions concerning such securities; prescribing powers, duties and responsibilities of the state board of examiners and the state public works board; otherwise concerning such securities and properties by reference to the State Securities Law; authorizing the execution of a contract between the State of Nevada and Carson City for supplying water to Carson City from the Marlette Lake water system; making an appropriation; and providing other matters properly relating thereto.
[Approved May 23, 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 4, inclusive, of this act.
Sec. 2. Commission means the state board of examiners.
Sec. 3. Facilities means the works, facilities and appurtenances acquired by the State of Nevada pursuant to this act and other acts supplemental thereto for the improvement and modernization of the Marlette Lake water system, including without limitation all pipelines, conduits, pumping plants, intake facilities, aqueducts, laterals, water storage and regulatory facilities, collection and disposal lines, lands, easements, rights in land, water rights, distribution and storage reservoirs, other storage facilities, trunk, connection and other water mains, inlets, tunnels, flumes, canals, hydrants, filtration works, meters, pumping and gaging stations and equipment.
κ1975 Statutes of Nevada, Page 1370 (CHAPTER 681, AB 637)κ
easements, rights in land, water rights, distribution and storage reservoirs, other storage facilities, trunk, connection and other water mains, inlets, tunnels, flumes, canals, hydrants, filtration works, meters, pumping and gaging stations and equipment.
Sec. 4. Project means the acquisition of the facilities, as defined in section 3, by the state acting by and through the commission, as authorized by this act and by other acts supplemental thereto.
Sec. 5. The legislature finds and declares that:
1. A severe and critical shortage of water is imminent in the Carson City area which vitally affects the health and welfare of all of the residents of such area.
2. The state owns the Marlette Lake water system, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe County, Nevada.
3. The state is obligated by contract to provide the Virginia City Water Company or its successor with water from the Marlette Lake water system not in excess of 300,000 gallons per day and the Lakeview Water Company or its successor with water from such water system not in excess of 50,000 gallons per day, and to provide minor amounts to others.
4. Pursuant to the requirements of subsection 5 of NRS 331.160, the director of the department of administration has caused to be developed an engineering study prepared by Water Resources Consulting Engineers and Montgomery Engineers of Nevada, intended to suggest alternative methods of alleviating the existing water shortage by improvement and modernization of the Marlette Lake water system, and the state has selected that alternative which primarily involves improvement and utilization of the Hobart Creek reservoir.
5. The state is responsible for maintaining Marlette Lake as an efficient trout brood stock and spawn taking facility.
6. Bonds issued by the state pursuant to this act shall constitute a debt which is not subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of the State of Nevada, as from time to time amended, and may mature within not exceeding 55 years from their date.
7. The execution of a contract between the state and Carson City for the supplying of water to Carson City from the Marlette Lake water system is necessary and will be beneficial to both parties.
Sec. 6. 1. The state public works board is charged with the duty of acquiring the project authorized by this act:
(a) As provided in chapter 341 of NRS; and
(b) Shall prepare the plans, specifications and contract documents necessary to the acquisition of the project.
2. The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such project.
3. All work in connection with the project authorized by this act shall be approved by the state public works board, and each contract document pertaining to such work shall be approved by the attorney general.
κ1975 Statutes of Nevada, Page 1371 (CHAPTER 681, AB 637)κ
4. The state public works board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the project. Approved plans and specifications for such project shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids on either the whole or on a part or parts of such project, and may let separate contracts for different and separate portions of the project, or a combination contract, if savings will result thereby, to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 7. After receipt of a resolution from the state public works board certifying the need for moneys with which to acquire the project, the commission, on the behalf and in the name of the state, may:
1. Acquire the facilities.
2. Borrow money and otherwise become obligated in a total principal amount of not exceeding $5,000,000 to defray wholly or in part the cost of acquiring the facilities, and issue state securities to evidence such obligations.
Sec. 8. 1. Subject to the limitations as to the maximum principal amount in section 7 of this act, the commission 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 5 years from the effective date thereof, as the commission 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
(c) Any combination of such securities.
2. The cost of the project shall include in addition to the items specified in NRS 349.168 not to exceed the sum of $45,000 for the preparation, before construction is undertaken, of an environmental assessment under the direction of the state public works board to determine the manner of carrying out the Hobart alternative with the least practicable environmental damage, and not to exceed $6,500 for the employment and retention of financial consultants and attorneys at law. If necessary for its timely preparation, the state public works board or the department of general services, or both, may advance all or part of the cost of preparation of the environmental assessment from any moneys lawfully available to either agency, and any moneys so advanced shall be repaid to the general fund from the proceeds of the bond issue and credited to the account from which advanced. The state department of conservation and natural resources shall on or before January 1, 1977, prepare a watershed management plan for the Marlette Lake system, with particular emphasis on the portion affected by the Hobart alternative.
3. Nothing in this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission at any time as provided by the State Securities Law.
κ1975 Statutes of Nevada, Page 1372 (CHAPTER 681, AB 637)κ
4. Subject to existing contractual obligations, the net revenues pledged, if any, for the payment of state securities by the commission may be derived from the operation of all or any part of the income-producing facilities under the jurisdiction of the state, including without limitation the facilities acquired by the project.
Sec. 9. 1. After consultation with the Marlette Lake water system advisory committee and with the prior approval of the governor, the director of the department of general services is authorized to execute a contract on behalf of the state with Carson City, a consolidated municipality created by and existing pursuant to the provisions of chapter 213, Statutes of Nevada 1969, to carry out the selected Hobart alternative plan to develop additional water from the Marlette Lake water system and to make such additional water available to Carson City. Notwithstanding the provisions of chapter 213, Statutes of Nevada 1969, as amended, or any other statute, the mayor and the board of supervisors of Carson City are authorized to execute such a contract on behalf of Carson City, the term of which may not exceed 55 years.
2. The contract shall include a provision requiring Carson City to pay for a specified amount of water available for delivery each year, whether or not this amount of water is actually used.
3. The following matters shall also be considered in formulating the contract:
(a) Recognition of the existing contract obligations of the state concerning water from this source.
(b) Mutual releases because of impossibility of performance.
(c) Description of the improvements constituting the Hobart alternative.
(d) Reimbursement by Carson City to the state for these improvements.
(e) Criteria for the operation and maintenance of the Marlette Lake water system after the improvements are made, the respective responsibilities of the parties, and the allocation and payment of attendant costs.
(f) Sale or transfer to Carson City by the state of the states storage facilities in Ash Canyon, the transmission facilities from such storage reservoirs into Carson City, and the water distribution system within Carson City.
(g) Criteria for the operation and maintenance of the facilities and water system described in paragraph (f) by Carson City and assurances by Carson City that all state-owned facilities within the vicinity of the Carson City water system will be supplied with water.
(h) The method of measuring amounts of water sold and delivered to Carson City.
(i) The term of the contract.
(j) Water rates to be charged the state by Carson City for water supplied to state properties.
(k) Quality of the water sold and delivered.
(l) Future renegotiation of the contract.
4. Subsection 3 does not require that every matter enumerated be included or mentioned in the final contract. The intention of the legislature is that the director of the department of general services, with the approval of the governor, may execute a contract containing equitable provisions mutually beneficial to the parties to achieve the purposes stated in this act.
κ1975 Statutes of Nevada, Page 1373 (CHAPTER 681, AB 637)κ
approval of the governor, may execute a contract containing equitable provisions mutually beneficial to the parties to achieve the purposes stated in this act.
Sec. 10. 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. 11. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the 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. 12. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 13. 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. 14. There is hereby appropriated from the general fund in the state treasury to the state department of conservation and natural resources the sum of $25,000 for the preparation of the watershed management plan required by section 8 of this act.
Sec. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 617Committee on Finance
CHAPTER 682
AN ACT relating to public education; establishing the basic support guarantee for the school years 1975-76 and 1976-77; making an appropriation to and authorizing expenditures from the state distributive school fund; authorizing additional distributions under certain circumstances; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 387.122 is hereby amended to read as follows:
387.122 For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee for the school year commencing July 1, [1973,] 1975, and ending June 30, [1974,] 1976, and for the school year commencing July 1, [1974,] 1976, and ending June 30, [1975,] 1977, is established for each of the several school districts in the state as follows:
κ1975 Statutes of Nevada, Page 1374 (CHAPTER 682, SB 617)κ
for the school year commencing July 1, [1974,] 1976, and ending June 30, [1975,] 1977, is established for each of the several school districts in the state as follows:
1. Basic support guarantee per pupil:
[1973-74 1974-75] 1975-76 1976-77
Carson City School District....................... [$725 $752] $869 $907
Churchill County School District................ [701 729] 850 891
Clark County School District....................... [700 726] 857 896
Douglas County School District................. [703 731] 849 889
Elko County School District........................ [738 768] 903 946
Esmeralda County School District........... [1,770 1,844] 1,678 1,770
Eureka County School District................. [1,235 1,285] 1,405 1,479
Humboldt County School District.............. [793 824] 940 984
Lander County School District.................... [769 810] 912 955
Lincoln County School District................ [1,092 1,132] 1,293 1,350
Lyon County School District....................... [746 776] 884 926
Mineral County School District.................. [716 745] 862 903
Nye County School District......................... [906 943] 1,121 1,174
Pershing County School District................ [732 762] 889 932
Storey County School District................. [1,280 1,332] 1,361 1,426
Washoe County School District................. [687 714] 836 874
White Pine County School District............ [774 805] 916 958
2. Basic support guarantee per special education program unit is [$14,500] $16,000 for each special education program unit maintained and operated during at least 9 months of a school year, contingent upon the following limitations:
(a) As used in this subsection, special education program unit means an organized instructional unit which includes full-time services of a certificated employee providing a program of instruction in accordance with provisions of NRS 388.520.
(b) Support guarantee for any special education program unit maintained and operated during a period of less than 9 school months shall be in the same proportion to [$14,500] $16,000 as the period during which such program unit actually was maintained and operated is to 9 school months.
(c) The maximum amount of basic support for special education program units within each of the several school districts in the state before any reallocation, is as follows:
[1973-74 1974-75] 1975-76 1976-77
Carson City School District................ [$217,500 $232,000] $320,000 $336,000
κ1975 Statutes of Nevada, Page 1375 (CHAPTER 682, SB 617)κ
[1973-74 1974-75] 1975-76 1976-77
Churchill County School District......... [$130,500 $130,500] $160,000 $176,000
Clark County School District............... [3,349,500 3,509,000] 4,624,000 5,040,000
Douglas County School District.............. [87,000 87,000] 144,000 160,000
Elko County School District................... [203,000 217,500] 240,000 272,000
Esmeralda County School District........... [14,500 14,500] 16,000 16,000
Eureka County School District................. [14,500 14,500] 32,000 32,000
Humboldt County School District........... [87,000 87,000] 112,000 128,000
Lander County School District................ [43,500 43,500] 48,000 64,000
Lincoln County School District............... [58,000 58,000] 64,000 80,000
Lyon County School District................. [130,500 130,500] 160,000 160,000
Mineral County School District............... [87,000 87,000] 96,000 96,000
Nye County School District..................... [72,500 72,500] 112,000 112,000
Pershing County School District............. [29,000 29,000] 48,000 48,000
Storey County School District................. [14,500 14,500] 16,000 16,000
Washoe County School District......... [1,334,000 1,435,500] 1,760,000 1,920,000
White Pine County School District....... [130,500 130,500] 144,000 144,000 Any unused special education program unit allocations within this [subparagraph which are not utilized during fiscal year 1973-74] paragraph may be reallocated [during fiscal year 1973-74] to other county school districts by the state department of education.
κ1975 Statutes of Nevada, Page 1376 (CHAPTER 682, SB 617)κ
Any unused special education program unit allocations within this [subparagraph which are not utilized during fiscal year 1973-74] paragraph may be reallocated [during fiscal year 1973-74] to other county school districts by the state department of education. [First priority will] In such reallocation, first priority shall be given to special education programs with statewide implications [. Such reallocations shall not bring any individual county school districts total allocations for special education program units above the level of support for fiscal year 1974-75.] , and second priority shall be given to special education programs maintained and operated by school districts whose allocation is $48,000 or less. If there are more unused allocations than necessary to cover first priorities and second priorities, but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for such remaining programs shall be prorated. If there are more unused allocations than necessary to cover first priorities, but not enough to cover all programs of second priority, then payment for programs of second priority shall be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority shall be prorated.
Sec. 2. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts in the following manner:
(a) Basic support of each school district shall be computed by:
(1) Multiplying the basic support guarantee per pupil established in NRS 387.122 by the sum of:
(I) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.
(II) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.
(III) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.
(IV) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.
(V) One-fourth the average daily attendance-highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
(2) Multiplying the number of special education program units maintained and operated by the amount per program established in NRS 387.122.
(3) Adding the amounts computed in subparagraphs (1) and (2) of this paragraph.
κ1975 Statutes of Nevada, Page 1377 (CHAPTER 682, SB 617)κ
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
(1) The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the Nevada tax commission for the concurrent school year; and
(2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The Nevada tax commission shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.
(c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no apportionment shall be less than 10 percent of basic support.
(d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils and special education program units and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual counts of pupils and programs specified to be made for that school year pursuant to paragraph (a) of this subsection, and within limits specified in NRS 387.122, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.
(e) For any year when the average daily attendance-highest 3 months of a school district in any category is less than the average daily attendance-highest 3 months in such category during the prior year, and such lesser average daily attendance-highest 3 months was not anticipated at the time estimates were made by the superintendent of the county school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the [average daily attendance-highest 3 months] count of pupils enrolled on the last day of the first school month of the prior year in the category so affected for the [average daily attendance-highest 3 months] count of pupils enrolled on the last day of the first school month of the current year in the category so affected.
κ1975 Statutes of Nevada, Page 1378 (CHAPTER 682, SB 617)κ
school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the [average daily attendance-highest 3 months] count of pupils enrolled on the last day of the first school month of the prior year in the category so affected for the [average daily attendance-highest 3 months] count of pupils enrolled on the last day of the first school month of the current year in the category so affected. As a condition precedent to such authorization, the superintendent of the county school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, category means any one of the groups of persons separately described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123.
(f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
(1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
(2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
(3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.
(4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
κ1975 Statutes of Nevada, Page 1379 (CHAPTER 682, SB 617)κ
(5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.
(6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.
(7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
(8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as emergency loans are explained.
(9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 3. 1. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1975, and ending June 30, 1976, the sum of $62,527,390.
2. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1976, and ending June 30, 1977, the sum of $64,584,826.
3. The funds appropriated by subsections 1 and 2 shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years, 1975-1976 and 1976-1977, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
4. Transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
5. Notwithstanding any other provisions of this act, the moneys appropriated by subsections 1 and 2 are available for both fiscal years, 1975-76 and 1976-77, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
κ1975 Statutes of Nevada, Page 1380 (CHAPTER 682, SB 617)κ
6. After June 30, 1976, any unexpended balance of the appropriation made by subsection 1 for the fiscal year 1975-1976 shall be transferred to and added to the moneys appropriated by subsection 2 and may be expended during fiscal year 1976-1977, subject to the provisions of subsection 3.
7. After June 30, 1977, any unexpended balance of the appropriation made by subsection 2 for the fiscal year 1976-1977 together with any moneys transferred pursuant to subsection 6 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 4. 1. Expenditure of $8,190,000 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1975, and ending June 30, 1976.
2. Expenditure of $8,507,000 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1976, and ending June 30, 1977.
3. The following sums are hereby authorized for expenditure from the revenue sharing trust fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1975, and ending June 30, 1976, and beginning July 1, 1976, and ending June 30, 1977:
1975-76 1976-77
State distributive school fund........................................ $4,483,572 $4,483,572
4. For accounting and reporting purposes the sums authorized for expenditure in subsections 1, 2 and 3 are considered to be expended prior to any general fund appropriation made to the distributive school fund.
5. The funds authorized to be expended by the provisions of subsections 1, 2 and 3 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
6. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the state department of education, in subsections 1, 2 and 3, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount authorized in subsections 1, 2 and 3.
Sec. 5. The interim finance committee, after recommendation by the state board of examiners, may direct the state board of education to make additional distributions from the state distributive school fund to county school districts during the fiscal year 1976-77. Such additional distributions, if any, shall not exceed $2,614,400 or $19 times the total enrollment in the public schools of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 on the last day of the first school month of the 1976-77 school year, whichever is less.
κ1975 Statutes of Nevada, Page 1381 (CHAPTER 682, SB 617)κ
(a), (b), (c) and (d) of subsection 1 of NRS 387.123 on the last day of the first school month of the 1976-77 school year, whichever is less. Subject to this limitation, such additional distributions may be made under any one or any combination of the conditions set forth in the following subsections:
1. If the total dollar amount accrued to the credit of county school districts pursuant to the Local School Support Tax Law during the period from April 1, 1975, to December 31, 1975, inclusive, exceeds 107.5 percent of the total dollar amount accrued to the credit of county school districts pursuant to the Local School Support Tax Law during the period from April 1, 1974, to December 31, 1974, inclusive, additional distributions may be directed to be made within only one of the following limitations:
(a) If such 1975 taxes are at least 107.5 percent but less than 108 percent of such 1974 taxes, additional distributions may be as much as $8.50 per pupil, but not more than $1,169,600.
(b) If such 1975 taxes are at least 108 percent but less than 108.5 percent of such 1974 taxes. additional distributions may be as much as $10.60 per pupil, but not more than $1,458,560.
(c) If such 1975 taxes are at least 108.5 percent but less than 109 percent of such 1974 taxes, additional distributions may be as much as $12.70 per pupil, but not more than $1,747,520.
(d) If such 1975 taxes are at least 109 percent but less than 109.5 percent of such 1974 taxes, additional distributions may be as much as $14.80 per pupil, but not more than $2,036,480.
(e) If such 1975 taxes are at least 109.5 percent but less than 110 percent of such 1974 taxes, additional distributions may be as much as $16.90 per pupil, but not more than $2,325,440.
(f) If such 1975 taxes are at least 110 percent of such 1974 taxes, additional distributions may be as much as $19 per pupil, but not more than $2,614,400.
2. If the total count of pupils for apportionment purposes pursuant to NRS 387.124, including the count of pupils authorized to be recognized under provisions of paragraph (e) of subsection 2 of NRS 387.124, is not more than 135,600 for the 1975-76 school year, additional distributions may be as much as $2.63 per pupil, but not more than $361,200.
3. If the total assessed valuation of property established as the basis for property taxation to be levied and collected for 1976-77 is at least 113 percent of the assessed valuation of property established as basis for property taxation to be levied and collected for 1975-76, additional distributions may be as much as $1.67 per pupil, but not more than $230,431.
Before directing the additional distributions authorized by this section, the interim finance committee shall determine that there are sufficient moneys in the state distributive school fund to permit such additional allocations. In making this determination, the committee shall review 1975-76 enrollment data, 1976-77 estimated enrollments, property assessment data for the 1975-76 tax year, and the anticipated level of receipts in the state distributive school fund from revenue sharing and the slot machine tax credit.
κ1975 Statutes of Nevada, Page 1382 (CHAPTER 682, SB 617)κ
Sec. 6. 1. Any additional distributions made pursuant to section 5 of this act shall be apportioned on a per-pupil basis in the same proportions per pupil as exist among the basic support guarantees per pupil expressed in subsection 1 of NRS 387.122 for 1976-77.
2. Any money received by a school district pursuant to section 5 of this act shall be deposited and used in accordance with the provisions of NRS 387.205.
________
Assembly Bill No. 656Assemblyman Banner
CHAPTER 683
AN ACT relating to contractors; permitting contractors and subcontractors to stop work or terminate a contract or subcontract in certain cases where they have not been paid; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If, through no fault or act of a prime contractor or anyone employed by him, the owner fails to pay such contractor pursuant to their contract payment schedule, or within a reasonable time after maturity and presentation of charges where no payment schedule is established, any sum certified by the architect, engineer or other supervisory agent of the owner, or such sum as is otherwise properly due, or if the owner through his own act or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, then the contractor may, after 5 working days written notice to the owner, stop work or terminate the contract and recover from the owner payment for all work executed.
2. If, through no fault of a subcontractor or anyone employed by him, the contractor fails to pay such subcontractor pursuant to the subcontract payment schedule, or within a reasonable time after maturity and presentation of charges where no payment schedule is established, any sum certified by the architect, engineer or other supervisory agent of the owner or contractor, or such sum as is otherwise properly due, or if the contractor through his own acts or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, then the subcontractor may, after 5 working days written notice to the owner and the contractor, stop work or terminate the subcontract and recover from the contractor payment for all work executed.
________
κ1975 Statutes of Nevada, Page 1383κ
Senate Bill No. 492Senator Blakemore
CHAPTER 684
AN ACT relating to real estate brokers and salesmen; expanding the definition of real estate broker to include a person who sells, exchanges or leases used mobile homes under certain circumstances; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.030 is hereby amended to read as follows:
645.030 1. Within the meaning of this chapter, a real estate broker is any person, copartnership, association or corporation:
(a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon or any modular homes or other housing, including used mobile homes, offered or conveyed with any interest in real estate; or
(b) Who engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
2. Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands shall be deemed to be a real estate broker within the meaning of this chapter.
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Assembly Bill No. 737Committee on Government Affairs
CHAPTER 685
AN ACT relating to county economic development revenue bonds; enlarging their permitted uses; and providing other matters properly relating thereto.
[Approved May 23, 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:
Warehousing means the consignment of personal property from outside this state to a private warehouse within this state for temporary storage during the transit of the property to a final destination outside the state.
κ1975 Statutes of Nevada, Page 1384 (CHAPTER 685, AB 737)κ
storage during the transit of the property to a final destination outside the state.
Sec. 2. NRS 244.9192 is hereby amended to read as follows:
244.9192 Whenever used in NRS 244.9191 to 244.9219, inclusive, unless a different meaning clearly appears from the context, the [following] words and terms defined in NRS 244.9193 to 244.9196, inclusive, [and] , sections 2 to 5, inclusive, of [this act,] Senate Bill 364 of the 58th session of the Nevada legislature, and section 1 of this act have the meanings ascribed to them in [such] those sections.
Sec. 3. NRS 244.9196 is hereby amended to read as follows:
244.9196 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for manufacturing, industrial, warehousing or research and development enterprises.
2. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.
(b) In connection with furnishing of water if available on reasonable demand to members of the general public.
3. Any undertaking by a public utility, in addition to that allowed by subsection 2, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 4. NRS 244.9197 is hereby amended to read as follows:
244.9197 1. It is the intent of the legislature to authorize counties to finance, acquire, own, lease, improve and dispose of properties to the end that such counties may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in or remain in this state, in order to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources. It is, therefore, the intention of the legislature to vest such counties with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize counties to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
κ1975 Statutes of Nevada, Page 1385 (CHAPTER 685, AB 737)κ
safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is not intended hereby that any county shall itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
4. No county may by virtue of NRS 244.9191 to 244.9219, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate in the county which would offer substantial competition to an existing enterprise within the county whose intrastate markets are substantially the same.
5. NRS 244.9191 to 244.9219, inclusive, shall be liberally construed in conformity with this declaration of purpose.
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Assembly Bill No. 741Assemblyman Jacobsen
CHAPTER 686
AN ACT relating to the state legislature; expanding provisions constituting unlawful interference with the legislative process.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.542 is hereby amended to read as follows:
218.542 Every person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:
1. Prevents or attempts to prevent the legislature from conducting meetings.
2. Disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with a meeting of the legislature [.] , any of its committees or any committee or commission created by the legislature to perform legislative functions at the direction of the legislature.
3. Withholds, defaces, alters or destroys any official document or record of the legislature, which conduct interferes with the functioning of the legislature.
4. Withholds, defaces, alters or destroys any property owned or used by the legislature.
5. Remains in the legislative chamber, legislative building in Carson City, or any part thereof, or any room in which the legislature is conducting its business, after being advised that the law or rule of the legislature requires persons to leave after being asked to do so, and being asked to leave.
κ1975 Statutes of Nevada, Page 1386 (CHAPTER 686, AB 741)κ
requires persons to leave after being asked to do so, and being asked to leave.
6. Prevents or attempts to prevent any member of the legislature, or officer or employee thereof, from performing his official duties.
7. Coerces or attempts to coerce any member of the legislature, or officer or employee thereof, to perform any act under color of office, by any unlawful means, threats of violence, fraud or intimidation.
8. Possesses any firearm, explosive, dangerous device or deadly weapon in the legislative building or any other place where the legislature is conducting its business.
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Assembly Bill No. 751Assemblyman Harmon
CHAPTER 687
AN ACT relating to witnesses; permitting cash payments to be made to witnesses required to attend a criminal trial; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 50.235 is hereby amended to read as follows:
50.235 1. The county clerk in cases in the district court and the clerk of the justices court in cases in the justices court shall keep a payroll, enrolling thereon all names of witnesses in criminal cases, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of the trial shall: [forthwith give]
(a) Give a statement of the amounts due to such witnesses, to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof [.] ; or
(b) Make an immediate cash payment of the amount owing to each witness. The clerk shall take from each witness so paid a receipt signed by him and indicating the date of payment, date or dates of service and the amount paid. A duplicate of such receipt shall be immediately delivered to the appropriate county auditor, county recorder or county comptroller.
2. In criminal cases, where witnesses are subpenaed from without the county, or, [who,] being residents of another state, voluntarily appear as witnesses, at the request of the district attorney and the board of county commissioners of the county in which the court is held, they shall be allowed their actual and necessary traveling expenses incurred by them in going to and returning from the place where the court is held, and such sum per diem, not exceeding $3, as may be fixed by the district judge, who shall certify the same to the county clerk in cases in district court, or by the justice of the peace, who shall certify the same to the clerk of the justices court in cases in the justices court, for entry upon the payroll hereinbefore required.
κ1975 Statutes of Nevada, Page 1387 (CHAPTER 687, AB 751)κ
clerk of the justices court in cases in the justices court, for entry upon the payroll hereinbefore required.
Sec. 2. NRS 354.170 is hereby amended to read as follows:
354.170 [In] Except as provided in NRS 50.235, in every case in which the district court or district judge is authorized by law to order any money to be paid out of the county treasury, such order shall be first presented to the county auditor, who shall number and register the same, and he shall issue his warrant on any fund in the county treasury not otherwise specially appropriated or set apart.
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Assembly Bill No. 767Assemblyman Jacobsen
CHAPTER 688
AN ACT relating to the state legislature; clarifying certain duties of the director of the legislative counsel bureau with respect to publications; clarifying the duties of the legislative counsel with respect to the preparation of legislative measures; imposing a new bill drafting request deadline for executive agencies; emphasizing the confidential position of the legislative counsel bureau in handling legislative requests; placing fiscal note responsibility with the fiscal analyst; removing the director as a division chief; clarifying work priority during the legislative interim; clarifying the functions and powers of the legislative commission; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.120 is hereby amended to read as follows:
218.120 1. The director of the legislative counsel bureau shall keep on hand for the exclusive use of the legislature when in session [50] 5 copies of each volume of the Nevada Reports heretofore published.
2. No copy of any such volumes shall be taken from the office of the legislative counsel bureau until the person desiring the use of the same has deposited his written receipt therefor with the legislative counsel bureau.
3. All copies of Nevada Reports so taken from the office of the legislative counsel bureau shall be returned on or before the last day of any regular or special session of the legislature. If any person fails to return the reports he shall be liable for the value thereof, together with the costs of suit, to be recovered by suit in the name of the State of Nevada in any court of competent jurisdiction.
Sec. 2. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive, and section 1 of [this act.] Assembly Bill 267 of the 58th session of the Nevada legislature.
κ1975 Statutes of Nevada, Page 1388 (CHAPTER 688, AB 767)κ
2. Upon request, subject to the schedule provided in NRS 218.245, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature. Before the legislative counsel accepts from such agency or department any legislative measure involving the acquisition or disposition of state land and containing a legal description thereof, he shall require the submittal of a certificate verifying the completeness and accuracy of the description, as provided in NRS 232.115. The fact that the description is verified shall be noted in the summary of the bill or a special report concerning the description may be addressed to the legislative commission. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) Requests for legislative measures from each state agency or department shall, insofar as is possible, be processed in the order in which they are received, unless a different drafting priority is designated by the state agency or department.
(b) As soon as a state agency or department has requested 10 bills for any session the legislative counsel may request it to designate the drafting priority for each succeeding request.
(c) The drafting priority so designated shall guide the legislative counsel in the processing of the respective state agency and department requests, it being the purpose of this subsection to assure each state agency and department, as nearly as is possible, an equal priority rank.
3. Upon request, the legislative counsel shall aid and assist any [member of the legislature as to bills, resolutions and measures,] legislator in the preparation of bills and resolutions, drafting them [into] in proper form, and furnishing [to the member] the legislator the fullest information upon all matters within the scope of [the duties of the legislative counsel. When any legislator has requested the drafting of more than ten bills or resolutions for any session, the legislative counsel shall request him to designate the ten to which he assigns the highest priority, and the legislative counsel shall insofar as possible complete the drafting of the ten bills or resolutions so designated by each legislator. or the entire number if fewer than ten have been requested, before he proceeds with further drafting for a legislator whose requests are more than ten. The legislative counsel shall repeat the process of first drafting ten designated bills or resolutions for each legislator, if so many have been requested, until all bills and resolutions requested by legislators have been drafted.] his duties. Subject to the schedule provided in NRS 218.245, the legislative counsel shall, insofar as is possible, process all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) If he so desires, a legislator may designate a different drafting priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible. The drafting priority so designated shall guide the legislative counsel in the processing of the respective legislators requests.
(b) The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of such committees, shall not, except where urgency is recognized, take precedence over the priority schedule established or designated for legislators bills and resolutions.
κ1975 Statutes of Nevada, Page 1389 (CHAPTER 688, AB 767)κ
committees, shall not, except where urgency is recognized, take precedence over the priority schedule established or designated for legislators bills and resolutions.
4. [The legislative counsel and the] Neither the director nor any person in the legal division, audit division or research and fiscal analysis division of the legislative counsel bureau shall [not] oppose or urge legislation, except in the case of the legislative auditor, as his duties require him to make recommendations pursuant to the provisions of NRS 218.770, nor except as provided in subsection 6 shall [they] he reveal to any person outside thereof the contents or nature of any matter which has not become a public record, except with the consent of the person bringing such matter before [them.] him.
5. The legislative counsel shall give consideration to and service concerning any measure before the legislature and which is in any way requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
6. The legislative counsel may deliver to the superintendent of the state printing and records division of the department of general services and request that he print or preset the type for printing a legislative measure prior to its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 3. NRS 218.245 is hereby amended to read as follows:
218.245 1. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government prior to a regular session of the legislature unless:
(a) The request is approved by the governor or a designated member of his staff and transmitted to the legislative counsel before [September 1] October 1 preceding the convening of the session; or
(b) The request is made by a member of the legislature.
After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
2. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon written request of a member of the legislature or the governor.
Sec. 4. NRS 218.272 is hereby amended to read as follows:
218.272 1. Before any bill which makes an appropriation or changes any existing appropriation, fiscal liability or revenue which appears to be in excess of $2,000 is considered at a public hearing of any committee of the assembly or the senate, or before any vote is taken thereon by such committee, the [legislative counsel] research and fiscal analysis division shall obtain a fiscal note containing a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill, including, to the extent possible, a projection of such changes in future biennia.
κ1975 Statutes of Nevada, Page 1390 (CHAPTER 688, AB 767)κ
2. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, and section 1 of [this act,] chapter 160, Statutes of Nevada 1975, or in the joint rules of the senate and assembly, such estimates shall be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill relating exclusively to the executive budget.
Sec. 5. NRS 218.2725 is hereby amended to read as follows:
218.2725 1. Before any bill which affects the premiums charged to employers as provided in chapters 616 or 617 of NRS or the state insurance fund established by chapter 616 of NRS is considered at a public hearing of any committee of the assembly or the senate or before a vote is taken thereon by such committee, the [legislative counsel] research and fiscal analysis division shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.272 to 218.2758, inclusive, showing the financial impact on the premiums charged employers by the Nevada industrial commission and on the state insurance fund.
2. Such information shall be provided by the Nevada industrial commission upon request of the [legislative counsel.] research and fiscal analysis division.
3. The department of administration is not required to review such fiscal notes but upon request of any legislator, the [research director] research and fiscal analysis division shall review such fiscal note and submit [his] its findings to the requester.
Sec. 6. NRS 218.273 is hereby amended to read as follows:
218.273 1. Except as provided in subsection 2, fiscal notes are required on original bills only and not on amendments.
2. Whenever an amendment adopted by one house so affects a bill that the original fiscal note ceases to be valid, the presiding officer may direct the [legislative counsel] research and fiscal analysis division to obtain a new fiscal note showing the effect of the bill as amended.
Sec. 7. NRS 218.274 is hereby amended to read as follows:
218.274 Bills containing provisions for both appropriations and revenues or appropriations for more than one state agency shall carry notes from each such agency, unless in the case of a bill which would require notes prepared by several agencies, the [legislative counsel] research and fiscal analysis division determines that a single agency shall prepare a general note, or prepares a single consolidated fiscal note into which the information submitted by the several agencies is incorporated.
Sec. 8. NRS 218.2752 is hereby amended to read as follows:
218.2752 Whenever a bill is submitted to an agency for a fiscal note, the agency shall prepare the note and return it to the [legislative counsel] research and fiscal analysis division within 5 working days. The [legislative counsel] research and fiscal analysis division may extend such period for not more than 10 additional days if the matter requires extended research.
Sec. 9. NRS 218.2754 is hereby amended to read as follows:
218.2754 The summary of each bill introduced in the legislature shall:
1. If local government is involved, include the statement Fiscal Note: Local Government Impact, Fiscal Note: Appropriation Contained Herein or Fiscal Note: No; or
κ1975 Statutes of Nevada, Page 1391 (CHAPTER 688, AB 767)κ
2. Otherwise, include the statement Fiscal Note: Yes, Fiscal Note: No, Fiscal Note: Executive Budget, Fiscal Note: Appropriation Contained Herein or Fiscal Note: Effect less than $2,000,
whichever is appropriate.
The legislative counsel shall [determine whether a bill being drafted requires a fiscal note.] consult the research and fiscal analysis division to secure appropriate information for bill summaries.
Sec. 10. NRS 218.2755 is hereby amended to read as follows:
218.2755 1. After a bill has been drafted, the [legislative counsel] research and fiscal analysis division shall inform the requester that a fiscal note is required when [he submits] the draft is submitted to the requester for review. If the requester so directs, the [legislative counsel] research and fiscal analysis division shall promptly determine the agency to which the bill should be submitted and shall submit it for a fiscal note. If the requester is a legislator and desires to introduce the bill without a fiscal note, he may do so, but when the bill is introduced, the [legislative counsel] research and fiscal analysis division shall promptly determine the agency to which the bill is to be submitted and shall forward it to the agency to obtain the fiscal note.
2. The agency shall prepare the note in quadruplicate and return it within the required time to the [legislative counsel.] research and fiscal analysis division.
Sec. 11. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill is introduced, the [legislative counsel] research and fiscal analysis division shall submit a copy of the note to the requester. If the requester desires to introduce the bill, the legislative counsel shall attach a duplicate copy of the note to the bill and shall prepare the bill for introduction. The original, signed copy of the note shall be retained by the [legislative counsel] research and fiscal analysis division to be used as printers copy after the bill is introduced.
2. If the fiscal note is obtained after the bill has been introduced, the [legislative counsel] research and fiscal analysis division shall forward a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the original, signed copy to the superintendent of the state printing and records division of the department of general services for the purposes of printing.
3. The triplicate copy of the fiscal note shall be retained by the [legislative counsel.] research and fiscal analysis division.
4. The [legislative counsel] research and fiscal analysis division shall send a copy of the fiscal note to the chairman of the standing committee or committees to which the bill has been referred.
Sec. 12. Section 1 of chapter 160, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
[1.] Before any bill which has a financial impact on a local government is considered at a public hearing of any committee of the assembly or the senate or before a vote is taken thereon by such committee, the [legislative counsel shall request that the research and fiscal analysis division of the legislative counsel bureau shall provide a fiscal note in the manner and form provided for in NRS 218.272, 218.273, 218.2751, 218.2754, 218.2756, 218.2757 and 218.2758.
κ1975 Statutes of Nevada, Page 1392 (CHAPTER 688, AB 767)κ
form provided for in NRS 218.272, 218.273, 218.2751, 218.2754, 218.2756, 218.2757 and 218.2758.
2. The research and fiscal analysis division of the legislative counsel bureau] research and fiscal analysis division shall prepare [the] a fiscal note after consultation with the appropriate local governments or their representatives. [and return it to the legislative counsel within 5 working days. The legislative counsel may extend such period for not more than 10 additional days if the matter requires extended research.]
Sec. 13. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications shall be filed with the director of the legislative counsel bureau who shall request the superintendent of the state printing and records division of the department of general services to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the state printing and records division shall print only that amount of bills and legislative publications necessary for such requests and requirements.
2. Except as otherwise provided in this section, no bill or other legislative publication shall be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau. Any person, office or organization, except for those for which provision is otherwise made in this section, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill or resolution specified by bill or resolution number or [other legislative publication.] of each daily history, daily journal or index.
3. There is no limitation upon the number of bills or of such other legislative publications, or copies of either, that may be distributed, free of charge, to:
(a) Members of the legislature.
(b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.
(c) The legislative counsel bureau.
4. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or of such other legislative publication that is approved by the legislative functions committee of either the senate or assembly.
5. The following persons shall, automatically, receive free of charge in any 1 calendar year two copies of any bill or resolution or of any daily history, daily journal or index and additional copies upon approval of the legislative functions committee of either the senate or assembly:
(a) Elected state officers.
(b) County clerks, district attorneys, sheriffs, treasurers, assessors, recorders and auditors.
(c) Justices and the clerk of the supreme court.
(d) Judges and clerks of the district courts.
6. The following persons, offices or organizations, upon request, shall receive free of charge in any 1 calendar year two copies of any bill or resolution or [other legislative publication] of any daily history, daily journal or index and additional copies upon approval of the legislative functions committee of either the senate or assembly: