[Rev. 2/28/2019 11:19:58 AM]
κ1969 Statutes of Nevada, Page 601 (CHAPTER 346, AB 158)κ
criminally in that state with [the crime of] failing to provide for the support of [a] any person. [in such other state.]
2. The provisions for extradition of criminals not inconsistent [herewith shall] with this chapter apply to [any such] the demand, [although] even if the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and [although he had] has not fled therefrom. Neither the demand, the oath, nor any proceedings for [the] extradition pursuant to this section need state or show that the person whose surrender is demanded has fled from justice, or at the time of the commission of the crime was in the demanding [or other] state.
Sec. 5. NRS 130.080 is hereby amended to read as follows:
130.080 [Any obligor contemplated by NRS 130.070 who submits to the jurisdiction of the court of such other state and complies with the courts order of support shall be relieved of extradition for desertion or nonsupport entered in the courts of this state during the period of such compliance.] 1. Before making the demand upon the governor of another state for the surrender of a person charged criminally in this state with failing to provide for the support of a person, the governor of this state may require any prosecuting attorney of this state to satisfy him that at least 60 days prior thereto the obligee initiated proceedings for support under this chapter or that any proceeding would be of no avail.
2. If, under a substantially similar law, the governor of another state makes a demand upon the governor of this state for the surrender of a person charged criminally in that state with failure to provide for the support of a person, the governor may require any prosecuting attorney to investigate the demand and to report to him whether proceedings for support have been initiated or would be effective. If it appears to the governor that a proceeding would be effective but has not been initiated he may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
3. If proceedings have been initiated and the person demanded has prevailed therein the governor may decline to honor the demand. If the obligee prevailed and the person demanded is subject to a support order, the governor may decline to honor the demand if the person demanded is complying with the support order.
Sec. 6. NRS 130.090 is hereby amended to read as follows:
130.090 Duties of support applicable under this chapter are those imposed [or imposable] under the laws of any state where the obligor was present during the period for which support is sought. The obligor is presumed to have been present in the responding state during the period for which support is sought until otherwise shown.
Sec. 7. NRS 130.100 is hereby amended to read as follows:
130.100 Whenever the state, or a political subdivision thereof, furnishes support to an individual obligee, it has the same right to [invoke the provisions hereof as the obligee to whom the support was furnished] initiate a proceeding under this chapter as the individual obligee for the purpose of securing reimbursement [of expenditures so made] for support furnished and of obtaining continuing support.
Sec. 8. NRS 130.110 is hereby amended to read as follows:
130.110 All duties of support [are enforcible by action, irrespective of relationship between the obligor and obligee.
κ1969 Statutes of Nevada, Page 602 (CHAPTER 346, AB 158)κ
of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the district court.] , including the duty to pay arrearages, are enforcible by a proceeding under this chapter, including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is not available to the obligor.
Sec. 9. NRS 130.120 is hereby amended to read as follows:
130.120 1. The complaint shall be verified and shall state the name and, so far as known to the [plaintiff,] obligee, the address and circumstances of the [defendant and his dependents] obligor and the persons for whom support is sought and all other pertinent information. The [plaintiff] obligee may include in or attach to the complaint any information which may help in locating or identifying the [defendant,] obligor, including [, but without limitation by enumeration,] a photograph of the [defendant,] obligor, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer, his fingerprints, [or] and his social security number.
2. The complaint may be filed in the appropriate court of any state in which the obligee resides. The court shall not decline or refuse to accept or forward the complaint on the ground that it should be filed with some other court of this or any other state where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody between the same parties or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.
Sec. 10. NRS 130.130 is hereby amended to read as follows:
130.130 [The prosecuting official may, upon the request of the court, represent the plaintiff in any proceeding under this chapter.] If this state is acting as an initiating state the prosecuting attorney, upon the request of the court, shall represent the obligee in any proper proceeding under this chapter. If the prosecuting attorney neglects or refuses to represent the obligee, the attorney general may order him to comply with the request of the court or may undertake the representation.
Sec. 11. NRS 130.150 is hereby amended to read as follows:
130.150 If the initiating court [of this state acting as an initiating state] finds that the complaint sets forth facts from which it may be determined that the [defendant] obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the [defendant] obligor or his property, it shall so certify and shall cause [three copies of:
1. The complaint,
2. Its certificate, and
3. This chapter
to be transmitted to the court in the responding state.] three copies of the complaint and its certificate and one copy of this chapter to be sent to the responding court. Certification shall be in accordance with the requirements of the initiating state. If the name and address of [such] the responding court are unknown and the responding state has an information agency comparable to that established in the initiating state, it shall cause such copies to be transmitted to the state information agency or other proper official of the responding state, with a request that [it] the agency or official forward them to the proper court, and that the court of the responding state acknowledge their receipt to the [court of the initiating state.]
κ1969 Statutes of Nevada, Page 603 (CHAPTER 346, AB 158)κ
or official forward them to the proper court, and that the court of the responding state acknowledge their receipt to the [court of the initiating state.] initiating court.
Sec. 12. NRS 130.160 is hereby amended to read as follows:
130.160 [A court of this state acting either as an initiating or responding state may, in its discretion, direct that any part of or all fees and costs incurred in this state shall be waived, including, without limitation by enumeration, fees for filing, service of process, seizure of property, and stenographic service of both plaintiff and defendant, or either. Where the action is brought by or through the state or an agency thereof, there shall be no filing fee or reporters fee.] 1. An initiating court shall not require payment of either a filing fee or other cost from the obligee but may request the responding court to collect fees and costs from the obligor.
2. A responding court shall not require the posting of any bond, written undertaking, or security by the obligee, including bonds for the seizure or attachment of properly or require payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in part by the obligor or by the state or political subdivision thereof. These costs or fees do not have priority over amounts due to the obligee.
Sec. 13. NRS 130.170 is hereby amended to read as follows:
130.170 [When] 1. If the court of this state [, acting either as an initiating or responding state, has reason to believe that the defendant may flee the jurisdiction,] believes that the obligor may flee, it may:
[1.] (a) As an initiating [state,] court, request in its certificate that the [court of the responding state] responding court obtain the body of the [defendant] obligor by appropriate process [if that be permissible under the law of the responding state] ; or
[2.] (b) As a responding [state,] court, obtain the body of the [defendant] obligor by appropriate process.
2. Thereafter, the court may release the obligor upon his own recognizance or upon his giving a bond in an amount set by the court to assure his appearance at the hearing.
Sec. 14. NRS 130.180 is hereby amended to read as follows:
130.180 1. The attorney general is hereby designated as the state information agency under this chapter, and he shall:
[1.] (a) Compile a list of the courts and their addresses in this state having jurisdiction under this chapter and transmit [the same] it to the state information agency of every other state which has adopted this or a substantially similar law.
[2.] (b) Upon the adjournment of each session of the legislature, distribute copies of any amendments to this chapter and a statement of their effective date to all other state information agencies.
(c) Maintain a register of [such] lists of courts received from other states and transmit copies thereof as soon as possible after receipt to every court in this state having jurisdiction under this chapter.
(d) Forward to the court in this state which has jurisdiction over the obligor or his property, complaints, certificates and copies of the law which he receives from courts or information agencies of other states.
κ1969 Statutes of Nevada, Page 604 (CHAPTER 346, AB 158)κ
obligor or his property, complaints, certificates and copies of the law which he receives from courts or information agencies of other states.
2. If the attorney general does not know the location of the obligor or his property in the state and no state location service is available he shall use all means at his disposal to obtain this information, including the examination of official records in the state and other sources such as telephone directories, real properly records, vital statistics records, police records, requests for the name and address from employers who are able or willing to cooperate, records of motor vehicle license offices, requests made to the tax offices both state and federal where such offices are able to cooperate, and requests made to the Social Security Administration as permitted by the Social Security Act as amended.
3. After the deposit of three copies of the complaint and certificate and one copy of the law of the initiating state with the clerk of the appropriate court, if the attorney general knows or believes that the prosecuting attorney is not prosecuting the case diligently, the attorney general may undertake the representation.
Sec. 15. NRS 130.190 is hereby amended to read as follows:
130.190 [When the court of this state, acting as a responding state, receives from the court of an initiating state the aforesaid copies, it shall:
1. Docket the cause.
2. Notify the prosecuting official.
3. Set a time and place for a hearing.
4. Take such action as is necessary in accordance with the laws of this state to obtain jurisdiction.] 1. After the responding court receives copies of the complaint, certificate and law from the initiating court, the clerk of the court shall docket the case and notify the prosecuting attorney of his action.
2. The prosecuting attorney shall prosecute all proper cases diligently upon the request of the court. He shall take all action necessary in accordance with the laws of this state to enable the court to obtain jurisdiction over the obligor or his property and may initiate the proceedings under this chapter by civil summons or at any time request the court to set a time and place for a hearing and give notice thereof to the obligor in accordance with law.
3. The prosecuting attorney may, as necessary, utilize all the remedies available to a litigant in a civil proceeding, including attachment, execution and sequestration.
4. If the prosecuting attorney neglects or refuses to represent the obligee, the attorney general may order him to comply with the request of the court or may undertake, the representation.
Sec. 16. NRS 130.200 is hereby amended to read as follows:
130.200 [If a court of this state, acting as a responding state, is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the complaint or otherwise, the court shall communicate this fact to the court in the initiating state, shall on its own initiative use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended complaint from the court in the initiating state, but if such inability to obtain jurisdiction is based upon the defendants residence in another judicial district within the state, the court shall, on its own motion, forward the case to the appropriate district court for proceedings in accord with NRS 130.190.]
κ1969 Statutes of Nevada, Page 605 (CHAPTER 346, AB 158)κ
its own motion, forward the case to the appropriate district court for proceedings in accord with NRS 130.190.] 1. The prosecuting attorney on his own initiative shall use all means at his disposal to locate the obligor or his property, and if, because of inaccuracies in the complaint or otherwise, the court cannot obtain jurisdiction, the prosecuting attorney shall inform the court of what he has done and request the court to continue the case pending receipt of more accurate information or an amended complaint from the initiating court.
2. If the obligor or his property is not found in the county, and the prosecuting attorney discovers that the obligor or his property may be found in another county of this state or in another state, he shall so inform the court. Thereupon, the clerk of the court shall forward the documents received from the court to a court in the other county or to a court in the other state or to the information agency or other proper official of the other state with a request that the documents be forwarded to the proper court. All powers and duties provided by this chapter apply to the recipient of the documents so forwarded. If the clerk of a court of this state forwards documents to another court, he shall forthwith notify the initiating court.
3. If the prosecuting attorney has no information as to the location of the obligor or his property, he shall so inform the initiating court.
Sec. 17. NRS 130.210 is hereby amended to read as follows:
130.210 [The court shall conduct proceedings under this chapter in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed.] The court shall conduct proceedings under this chapter in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed. In any hearing for the civil enforcement of this chapter, the court is governed by the rules of evidence applicable in a civil court action in the district court. If the action is based on a support order issued by another court, a certified copy of the order shall be received as evidence of the duty of support and any arrearages which have accrued thereunder, subject only to any defenses available to an obligor with respect to paternity (section 46 of this act) or to a defendant in an action or a proceeding to enforce a foreign money judgment. Once an order of support is entered by the court in a proceeding under this chapter, it shall have the same effect and is subject to the same procedures, defenses and proceedings for reopening, modifying, vacating or staying as any support order of this state and may be enforced and satisfied in a like manner. The determination or enforcement of a duty of support owed to one obligee is unaffected by any interference by another obligee with rights of custody or visitation granted by a court.
Sec. 18. NRS 130.220 is hereby amended to read as follows:
130.220 1. If the [court of the responding state] responding court finds a duty of support, it may order the [defendant] obligor to furnish support or reimbursement therefor and subject the property of the [defendant] obligor to such order. Support orders made pursuant to this chapter shall require that payments be made to the clerk of the court of the responding state or other appropriate agency or office.
2. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued.
κ1969 Statutes of Nevada, Page 606 (CHAPTER 346, AB 158)κ
enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Sec. 19. NRS 130.230 is hereby amended to read as follows:
130.230 [The court of this state when acting as a responding state shall cause to be transmitted to the court of the initiating state a copy of all orders of support or for reimbursement therefor.] The responding court shall cause a copy of all support orders to be sent to the initiating court.
Sec. 20. NRS 130.240 is hereby amended to read as follows:
130.240 In addition to the foregoing powers, [the court of this state, when acting as a responding state, has the power to subject the defendant to such terms and conditions as the court may deem proper to assure compliance with its orders and in particular:
1. To require the defendant to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the defendant.
2. To require the defendant to make payments at specified intervals to the clerk of the court or the obligee and to report personally to the clerk of the court at such times as may be deemed necessary.
3. To punish the defendant who shall violate any order of the court to the same extent as is provided by law for contempt of court in any other suit or proceeding cognizable by the court.] a responding court may subject the obligor to any terms and conditions proper to assure compliance with its orders and in particular:
1. Require the obligor to furnish a cash deposit or bond of a character and amount to assure payment of any amount due.
2. Require the obligor to report personally and to make payments at specified intervals to the clerk of the court.
3. Punish, under the power of contempt, the obligor who violates any order of the court.
4. Enter judgment for arrearages which have accrued, and to direct that the obligor retire such arrearages in addition to his regular support payments.
Sec. 21. NRS 130.250 is hereby amended to read as follows:
130.250 [The court of this state when acting as a responding state shall have the following duties which may be carried out through the clerk of the court:
1. Upon the receipt of a payment made by the defendant pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating state; and
2. Upon request to furnish to the court of the initiating state a certified statement of all payments made by the defendant.] A responding court has the following duties which may be carried out through the clerk of the court:
κ1969 Statutes of Nevada, Page 607 (CHAPTER 346, AB 158)κ
1. To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or otherwise.
2. To furnish to the initiating court upon request a certified statement of all payments made by the obligor.
Sec. 22. NRS 130.260 is hereby amended to read as follows:
130.260 [The court of this state when acting as an initiating state shall have the duty, which may be carried out through the clerk of the court, to] An initiating court shall receive and disburse forthwith all payments made by the [defendant or transmitted by the court of the responding state.] obligor or sent by the responding court. This duty may be carried out through the clerk of the court or other appropriate agency or office.
Sec. 23. NRS 130.280 is hereby amended to read as follows:
130.280 [Any order of support issued by a court of this state when acting as a responding state shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both.] 1. A support order made by a court of this state pursuant to this chapter does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially similar law or any other law, regardless of priority of issuance, unless otherwise specifically provided by the court in proper cases.
2. Amounts paid for a particular period pursuant to any support order made by the court of another state shall be credited against the amounts accruing or accrued for the same period under any support order made by the court of this state pursuant to a proceeding under this chapter. Arrearages which have accrued prior to an order of a court of this state in a proceeding under this chapter shall be computed in a like manner.
Sec. 24. NRS 130.290 is hereby amended to read as follows:
130.290 Participation in any [proceedings] proceeding under this chapter [shall not confer upon any court jurisdiction of] does not confer jurisdiction upon any court over any of the parties thereto in any other [proceedings.] proceeding.
Sec. 25. NRS 130.300 is hereby amended to read as follows:
130.300 If any provision [hereof] of this chapter or the application thereof to any person or circumstance is held invalid, [such] the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are [declared to be] severable.
Sec. 26. Chapter 130 of NRS is hereby amended by adding thereto the provisions set forth as sections 27 to 55, inclusive, of this act.
Sec. 27. Court means the district court of this state and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.
Sec. 28. Duty of support means a duty of support whether imposed or imposable by law or by order, decree or judgment of any court, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance or otherwise and includes the duty to pay arrearages of support past due and unpaid.
κ1969 Statutes of Nevada, Page 608 (CHAPTER 346, AB 158)κ
Sec. 29. Governor includes any person performing the functions of governor or the executive authority of any state covered by this chapter.
Sec. 30. Initiating court means the court in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.
Sec. 31. Initiating state means a state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.
Sec. 32. Law includes both common and statutory law.
Sec. 33. Obligee means a person including a state or political subdivision to whom a duty of support is owed or a person including a state or political subdivision that has commenced a proceeding for enforcement of an alleged duty of support or for registration of a support order. It is immaterial if the person to whom a duty of support is owed is a recipient of public assistance.
Sec. 34. Obligor means any person owing a duty of support or against whom a proceeding for the enforcement of a duty of support or registration of a support order is commenced.
Sec. 35. Prosecuting attorney means the public official in the appropriate place who has the duty to enforce criminal laws relating to the failure to provide for the support of any person.
Sec. 36. Register means to file in the registry of foreign support orders.
Sec. 37. Registering court means any court of this state in which a support order of a rendering state is registered.
Sec. 38. Rendering state means a state in which the court has issued a support order for which registration is sought or granted in the court of another state.
Sec. 39. Responding court means the court in which the responsive proceeding is commenced.
Sec. 40. Responding state means a state in which any responsive proceeding pursuant to the proceeding in the initiating state is commenced.
Sec. 41. State includes a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any foreign jurisdiction in which this or a substantially similar reciprocal law is in effect.
Sec. 42. Support order means any judgment, decree or order of support in favor of an obligee, whether temporary or final or subject to modification, revocation or remission, regardless of the kind of action or proceeding in which it is entered.
Sec. 43. Jurisdiction of any proceeding under this chapter is vested in the district court.
Sec. 44. If the obligee is not present at the hearing and the obligor denies owing the duty of support alleged in the complaint or offers evidence constituting a defense, the court, upon request of either party, may continue the hearing to permit evidence relative to the duty to be adduced by either party by deposition or interrogatories or by appearing in person before the court. The court may designate the judge of the initiating court as a person before whom a deposition may be taken or interrogatories propounded.
κ1969 Statutes of Nevada, Page 609 (CHAPTER 346, AB 158)κ
Sec. 45. If at the hearing the obligor is called for examination as an adverse party and he declines to answer upon the ground that his testimony may tend to incriminate him, the court may require him to answer, in which event he is immune from criminal prosecution with respect to matters revealed by his testimony, except for perjury committed in this testimony.
Sec. 46. If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the paternity issue. Otherwise the court may adjourn the hearing until the paternity issue has been adjudicated.
Sec. 47. 1. A responding court shall not stay the proceeding or refuse a hearing under this chapter because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody in this or any other state. The court shall hold a hearing and may issue a support order pendente lite. In aid thereof it may require the obligor to give a bond for the prompt prosecution of the pending proceeding.
2. If the other action or proceeding is concluded before the hearing in the instant proceeding and the judgment therein provides for the support demanded in the complaint being heard under this chapter, the court must conform its support order to the amount allowed in the other action or proceeding unless the court is of the opinion for good cause shown that another amount would be proper. Thereafter, the court shall not stay enforcement of its support order because of the retention of jurisdiction for enforcement purposes by the court in the other action or proceeding.
Sec. 48. 1. This chapter applies if both the obligee and the obligor are in this state but in different counties, or if both obligee and obligor reside in the same county. In such cases the proceedings may be initiated by the prosecuting attorney making application to the district court to represent the obligee. The court may request the prosecuting attorney to represent the obligee as in other matters under this chapter, upon a showing of one of the following:
(a) Present financial hardship; or
(b) No substantial compliance with a support order or agreement for at least 6 months prior to application.
2. In cases where the obligee and the obligor are in the same state but in different counties, if the court of the county in which the complaint is filed finds that the complaint sets forth facts from which it may be determined that the obligor owes a duty of support and finds that a court of another county in this state may obtain jurisdiction over the obligor or his property, the clerk of the court shall send the complaint and a certification of the findings to the court of the county in which the obligor or his property is found.
3. The clerk of the court of the county receiving these documents shall notify the prosecuting attorney of their receipt. The prosecuting attorney and the court in the county to which the copies are forwarded shall have duties corresponding to those imposed upon them when acting for this state as a responding state.
κ1969 Statutes of Nevada, Page 610 (CHAPTER 346, AB 158)κ
4. In cases where the obligee and obligor reside in the same county, the distinction of initiating and responding courts will be considered merged in one uniform civil action for support originating in the district court of the county where both parties reside, and all otherwise relevant portions of this chapter shall apply to such a proceeding.
Sec. 49. 1. If the attorney general or the prosecuting attorney is of the opinion that a support order is erroneous and presents a question of law warranting an appeal in the public interest, he may:
(a) Perfect an appeal to the supreme court, if the support order was issued by a court of this state; or
(b) If the support order was issued in another state, cause the appeal to be taken in the other state.
2. The expenses of appeal may be paid on the attorney generals order from funds appropriated for his office, or, where the appeal is taken by the prosecuting attorney, by the county involved.
Sec. 50. If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in sections 51 to 55, inclusive, of this act.
Sec. 51. The obligee may register the foreign support order in a court of this state in the manner, with the effect and for the purposes provided in sections 50 to 55, inclusive, of this act.
Sec. 52. The clerk of the court shall maintain a registry of foreign support orders in which he shall file foreign support orders.
Sec. 53. 1. If this state is acting either as a rendering or a registering state the prosecuting attorney, upon the request of the court, shall represent the obligee in proceedings under sections 49 to 54, inclusive, of this act.
2. If the prosecuting attorney neglects or refuses to represent the obligee, the attorney general may order him to comply with the request of the court or may undertake the representation.
Sec. 54. 1. An obligee seeking to register a foreign support order in a court of this state shall transmit to the clerk of the court:
(a) Three certified copies of the order with all modifications thereof;
(b) One copy of the reciprocal enforcement of support act of the state in which the order was made;
(c) A statement verified and signed by the obligee, showing:
(1) The post office address of the obligee;
(2) The last-known place of residence and post office address of the obligor;
(3) The amount of support remaining unpaid;
(4) A description and the location of any property of the obligor available upon execution; and
(5) A list of the states in which the order is registered.
2. Upon receipt of these documents the clerk of the court, without payment of a filing fee or other cost to the obligee, shall file them in the registry of foreign support orders. The filing constitutes registration under this chapter.
3. Promptly upon registration, the clerk of the court shall send, by certified or registered mail, to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. He shall also docket the case and notify the prosecuting attorney of his action.
κ1969 Statutes of Nevada, Page 611 (CHAPTER 346, AB 158)κ
the prosecuting attorney of his action. The prosecuting attorney shall proceed diligently to enforce the order.
Sec. 55. 1. Upon registration, the confirmed registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses and proceedings for reopening, modifying, vacating or staying as a support order of this state and may be enforced and satisfied in like manner.
2. The obligor has 20 days after the mailing of notice of the registration in which to petition the court to vacate the registration or for other relief. If he does not so petition, the registered support order is confirmed.
3. At the hearing to enforce the registered support order, the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment concerning any arrearages which have accrued thereunder. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering state. If the obligor shows to the court any ground upon which enforcement of a support order of this state may be stayed or modified, the court shall stay enforcement of the order, or modify it, for an appropriate period, if the obligor furnishes the same security for payment of the support ordered that is required for a support order of this state.
________
Assembly Bill No. 345Mr. Fry
CHAPTER 347
AN ACT relating to service of process; extending the provision for service of process on the director of department of motor vehicles as the lawful attorney of a motorist involved in an accident; clarifying the provision relating to service of process on motorists using public roads in this state; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.070 is hereby amended to read as follows:
14.070 1. The use and operation of a motor vehicle over the public roads, streets or highways, or in any other area open to the public and commonly used by motor vehicles, in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by such operator, on behalf of himself and his principal or master, his executor, administrator or personal representative, of the director of the department of motor vehicles to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him, his principal or master, his executor, administrator or personal representative, growing out of such use or resulting in damage or loss to person or property, and the use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
κ1969 Statutes of Nevada, Page 612 (CHAPTER 347, AB 345)κ
him, his principal or master, his executor, administrator or personal representative, growing out of such use or resulting in damage or loss to person or property, and the use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
2. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the director of the department of motor vehicles or in his office, and such service shall be deemed sufficient upon the operator; provided, that notice of such service and a copy of the process shall forthwith be sent by registered mail by the plaintiff to the defendant at the address supplied by the defendant in his accident report, if any, and if not, at the best address available to the plaintiff, and a return receipt signed by the defendant or a return of the Post Office Department stating that the defendant refused to accept delivery or could not be located, or that the address was insufficient, and the plaintiffs affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued. Personal service of such notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada shall be the equivalent of mailing, and that such personal service may be proved by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued.
3. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
4. The fee of $2 paid by the plaintiff to the director of the department of motor vehicles at the time of the service shall be taxed in his costs if he prevails in the suit. The director of the department of motor vehicles shall keep a record of all such process, which shall show the day and hour of service.
5. The foregoing provisions of this section with reference to the service of process upon such an operator defendant shall not be deemed exclusive, but if such operator defendant is found within the State of Nevada he shall be served with process in the State of Nevada.
6. The provisions of this section apply to nonresident motorists and to resident motorists who have left the state or cannot be found within the state following an accident which is the subject of an action for which process is served pursuant to this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 613κ
Assembly Bill No. 371Mr. Howard
CHAPTER 348
AN ACT relating to county fire protection districts; exempting cattle within such districts from the ad valorem district tax levy; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 474.200 is hereby amended to read as follows:
474.200 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified upon all property, both real and personal, except as provided in subsection 2, subject to taxation within the boundaries of the district, including the net proceeds of mines. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. Cattle and other livestock which are defined as personal property in NRS 361.030 are not property subject to taxation under the provisions of subsection 1.
3. When levied, the tax shall be entered upon the assessment rolls and collected in the same manner as state and county taxes.
[3.] 4. When the tax is collected it shall be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.
Sec. 2. NRS 474.514 is hereby amended to read as follows:
474.514 No indebtedness, as defined in NRS 350.586, including outstanding indebtedness, shall be incurred by any district organized pursuant to NRS 474.460 in an aggregate principal amount exceeding 5 percent of the total last-assessed valuation of taxable property (excluding motor vehicles[)] and cattle) situated within the district.
Sec. 3. NRS 474.515 is hereby amended to read as follows:
474.515 1. An annual general (ad valorem) tax shall be levied upon all property, both real and personal, subject to taxation within the district and collected by the district sufficient to pay the interest on and the principal of the general obligation securities of the district as the same become due.
2. Cattle and other livestock which are defined as personal property in NRS 361.030 are not property subject to taxation under the provisions of subsection 1.
3. The proceeds of such taxes are specially appropriated to the payment of such principal and interest.
[3.] 4. Such appropriation shall not be repealed nor the taxes postponed or diminished until such principal and interest has been wholly paid.
[4.] 5. The payment of such securities, the levy of such taxes, and the appropriation of the proceeds thereof shall be in the manner delineated in NRS 350.592 to 350.602, inclusive, and other provisions of the Local Government Securities Law supplemental thereto.
κ1969 Statutes of Nevada, Page 614 (CHAPTER 348, AB 371)κ
in NRS 350.592 to 350.602, inclusive, and other provisions of the Local Government Securities Law supplemental thereto.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 379Committee on Taxation
CHAPTER 349
AN ACT to amend NRS 369.280, relating to summary suspension and revocation of intoxicating liquor licenses, by authorizing the Nevada tax commission to suspend such licenses; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.280 is hereby amended to read as follows:
369.280 1. Notwithstanding any other provision of this chapter, the board of county commissioners shall have the right to suspend or revoke summarily any license in cases appearing to it to be of an aggravated and flagrant violation of law.
2. On request, in all such cases, the tax commission shall conduct a hearing covering the proceedings and evidence, if any, before the board of county commissioners, and any additional evidence offered by the board of county commissioners or the licensee.
3. The hearing before the tax commission shall be had on reasonable notice of time, place and subject matter to the licensee and the board of county commissioners, and the tax commission shall decide the matter without delay by either confirming, modifying or setting aside the action of the board of county commissioners.
4. If the tax commission finds that a licensee is violating any of the provisions of this chapter, the commission may issue a summary suspension of the violators license. The commission shall notify the board of county commissioners of such suspension. Within 10 days after such notice the tax commission shall conduct a public hearing in the matter in the appropriate county. The board of county commissioners may appear before the tax commission at the hearing.
________
κ1969 Statutes of Nevada, Page 615κ
Assembly Bill No. 491Mr. Bryan
CHAPTER 350
AN ACT relating to dangerous drugs; specifying that a certified copy of regulations concerning dangerous drugs is prima facie evidence thereof; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A certified copy of any regulation of the board declaring any drug to be a dangerous drug as defined in NRS 454.220 is prima facie evidence in any court of the contents thereof.
________
Assembly Bill No. 490Messrs. Bryan, Torvinen, Close and Reid
CHAPTER 351
AN ACT specifying dangerous drugs; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 454.220 is hereby amended to read as follows:
454.220 Dangerous drug means any drug unsafe for self-medication or unsupervised use on animals and includes [all drugs:
1. Which have] the following:
1. Any substance which the director of the Bureau of Narcotics and Dangerous Drugs of the United States Department of Justice, after investigation, has found to have, and by regulation designates as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
2. Any drug which has been approved by the Food and Drug Administration for general distribution and [bear] bears the legend: Caution: Federal law prohibits dispensing without prescription; or
[2. The] 3. Any drug the sale of which has been restricted to prescription only by regulation adopted by the board because the board has found such drugs to be dangerous to public health or safety.
________
κ1969 Statutes of Nevada, Page 616κ
Assembly Bill No. 469Committee on Health and Welfare
CHAPTER 352
AN ACT authorizing the state health officer to appoint the commissioner of food and drugs.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.135 is hereby amended to read as follows:
439.135 As provided in chapter 585 of NRS, the [director] state health officer shall designate and appoint, for the enforcement of chapter 585 of NRS, a commissioner and such other agent or agents as he may deem necessary.
Sec. 2. NRS 585.200 is hereby amended to read as follows:
585.200 The [director of the department of health, welfare and rehabilitation] state health officer shall designate and appoint, for the enforcement of this chapter, a commissioner and such other agents as he may deem necessary.
________
Assembly Bill No. 431Mr. Frank Young
CHAPTER 353
AN ACT relating to gaming; clarifying the manner of counting slot machines for the purpose of administering the quarterly and annual state license fees.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For purposes of administering the quarterly state license fee imposed by NRS 463.373 and the annual state license fee imposed by NRS 463.375, a slot machine means any device, contrivance or machine, otherwise fitting the description provided by NRS 463.0127, which was intended by manufacture or design to be played or operated by one person, notwithstanding the fact that any such device, contrivance or machine may have been installed in a licensed gaming establishment in conjunction with one or more like or similar devices, contrivances or machines for the purpose of affording one person an opportunity to play or operate any such combination.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 617κ
Assembly Bill No. 590Committee on Health and Welfare (By request)
CHAPTER 354
AN ACT relating to old-age assistance; establishing a presumption that any transfer of property was not made in good faith; allowing the welfare division, in determining the amount of assistance, to disregard income which federal regulation requires to be disregarded; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427.200 is hereby amended to read as follows:
427.200 Assistance shall be granted under this chapter to any person who has all of the following qualifications combined at the time of receiving assistance:
1. Is 65 years of age or older; but if the Congress of the United States shall enact any law reducing the age of eligibility for old-age assistance, such reduced age limit shall be the age limit under this chapter.
2. Is a resident of the State of Nevada who has actually resided in this state for a period of 5 years or more during the 9 years immediately preceding the making of the application for such assistance, the last 1 year of which shall have been continuous and immediately preceding the making of such application.
3. Is in need of financial or other assistance as provided for in this chapter and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health and needs as provided for in this chapter.
4. Is not an inmate of a public institution except as a patient in a public medical institution, and who is not a patient in any institution for tuberculosis or for mental diseases or has been diagnosed as having tuberculosis or psychosis and is not a patient in any medical institution as a result thereof.
5. Has not, at any time within 3 years immediately prior to the filing of the application for assistance pursuant to the terms of this chapter made any deed, conveyance, bill of sale, assignment or other transfer of property so as to render himself eligible for such assistance under this chapter. If such a transfer of property has been made, a rebuttable presumption arises against the applicant to the effect that the transfer was not made in good faith but in order to render the applicant eligible for assistance.
Sec. 2. NRS 427.230 is hereby amended to read as follows:
427.230 1. After completion of such investigation by the welfare division, on the basis of its findings the welfare division shall decide whether the applicant is eligible for assistance under the provisions of this chapter, the amount of such assistance, and the date on which such assistance shall begin. Such assistance shall be paid monthly to the applicant in the manner provided for in this chapter.
2. In determining the amount of assistance to be granted to an eligible applicant, the welfare division may disregard all net earnings or other income and resources which now are or after the effective date of this act may be required to be disregarded under federal law or regulations providing grants to this state for old-age assistance.
κ1969 Statutes of Nevada, Page 618 (CHAPTER 354, AB 590)κ
act may be required to be disregarded under federal law or regulations providing grants to this state for old-age assistance.
________
Assembly Bill No. 616Mr. Capurro
CHAPTER 355
AN ACT relating to public works contracts; providing for the arbitration of disputes on public works contracts; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any agency of this state and any political subdivision, municipal corporation or district and any public officer or person charged with the drafting of specifications for the construction, alteration or repair of public works, may include in such specifications a clause permitting arbitration of a dispute arising between the agency and a contractor if the dispute cannot otherwise be settled.
2. Any dispute requiring arbitration shall be handled in accordance with the industrys arbitration rules as administered by the American Arbitration Association.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 628Committee on Education
CHAPTER 356
AN ACT relating to boards of trustees of school districts; authorizing the payment of compensation to such trustees; empowering such trustees to hire a stenographer; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.320 is hereby amended to read as follows:
386.320 1. If the average daily attendance of pupils between the ages of 6 years and 17 years attending school in the school district for the immediately preceding school year is less than 1,000: [, the clerk]
(a) The clerk and president of the board of trustees may each receive a salary of $20 for each board of trustees meeting they attend, not to exceed $40 a month.
(b) The other trustees may each receive a salary of $15 for each board of trustees meeting they attend, not to exceed $30 a month.
κ1969 Statutes of Nevada, Page 619 (CHAPTER 356, AB 628)κ
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and such stenographer may be paid $10 for each meeting attended.
2. If the average daily attendance of pupils between the ages of 6 years and 17 years attending school in the school district for the immediately preceding school year is 1,000 or more: [, the clerk]
(a) The clerk and president of the board of trustees may each receive a salary of $40 for each board of trustees meeting they attend, not to exceed $80 a month.
[3. The clerk shall:
(a) Keep the minutes of all meetings and transactions of the board of trustees.
(b) Subject to the written direction of the board of trustees, draw all orders for the payment of moneys belonging to the school district.]
(b) The other trustees may each receive a salary of $35 for each board of trustees meeting they attend, not to exceed $70 a month.
(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees; and such stenographer may be paid $20 for each meeting attended.
Sec. 2. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The clerk shall:
1. Keep the minutes of all meetings and transactions of the board of trustees.
2. Subject to the written direction of the board of trustees, draw all orders for the payment of moneys belonging to the school district.
________
Assembly Bill No. 629Committee on Ways and Means
CHAPTER 357
AN ACT concerning the University of Nevada, Las Vegas; authorizing the acquisition of certain specified facilities thereat, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, duties, rights, privileges, immunities, liabilities, limitations and other details in connection with the University of Nevada, Las Vegas, its board of regents, such facilities, such securities, the revenues for their payment, their proceeds, other moneys and pledges and liens pertaining thereto, including without limitation by reference to the University Securities Law; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the University Securities Law; but the following terms whenever used or referred to in this act and in the University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
κ1969 Statutes of Nevada, Page 620 (CHAPTER 357, AB 629)κ
University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
Sec. 2. Net pledged revenues means all the pledged revenues, as defined in this act, without any deduction of any operation and maintenance expenses except as provided in such definition of pledged revenues.
Sec. 3. Pledged revenues means the student fees, as defined in this act, and if hereafter authorized by law, all net income and revenues, if any, to be derived from the operation of income-producing facilities of the university or from other available sources and to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended.
Sec. 4. Project means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on the campus of the University of Nevada, Las Vegas, as delineated and described in section 6 of this act, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. Student fees means the gross fees hereinafter described in this section from students attending the University of Nevada, Las Vegas, and using or being served by, or having the right to use, or having the right to be served by the student activities building, known as the Student Union Building, at the University of Nevada, Las Vegas, which fees are commonly designated as the University of Nevada, Las Vegas Student Center Building Fee (formerly designated the Nevada Southern University Student Center Building Fee) and the University of Nevada, Las Vegas, Capital Improvement Fee (formerly designated the Nevada Southern University Capital Improvement Fee), and if hereafter authorized by law, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended. The designated Building Fee now consists of $27 per academic semester for each full-time student and $2 per credit for each part-time student for any attendance at the University of Nevada, Las Vegas (i.e., for the regular academic year of two semesters, the evening division, and summer school), which fee commenced to accrue upon the completion of the acquisition of such Student Union Building. The designated Capital Improvement Fee now consists of $42 per academic semester for each full-time student and $3 per credit for each part-time student for any attendance at the University of Nevada, Las Vegas, for the regular academic year of two semesters (but excluding any evening division student and any summer school student). A full-time student course in any semester consists of at least 7 credit hours, and a part-time student course in any semester consists of not more than 6 credit hours.
Sec. 6. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct, otherwise acquire and improve (or any combination thereof) with incidentals comprising the project, and excluding any costs defrayed with moneys available therefor other than proceeds of any securities herein authorized, a college of education building on the campus of the University of Nevada, Las Vegas;
κ1969 Statutes of Nevada, Page 621 (CHAPTER 357, AB 629)κ
defrayed with moneys available therefor other than proceeds of any securities herein authorized, a college of education building on the campus of the University of Nevada, Las Vegas;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $1,600,000, in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including without limitation proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. Upon the request of the board, all phases of the planning, design, construction and equipment of the project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 8. 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 University 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. 9. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 10. 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. 11. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 622κ
Assembly Bill No. 630Committee on Ways and Means
CHAPTER 358
AN ACT concerning the University of Nevada, Reno; authorizing the acquisition of certain specified facilities thereat, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, duties, rights, privileges, immunities, liabilities, limitations and other details in connection with the Universty of Nevada, Reno, its board of regents, such facilities, such securities, the revenues for their payment, their proceeds, other moneys and pledges and liens pertaining thereto, including without limitation by reference to the University Securities Law; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the University Securities Law; but the following terms whenever used or referred to in this act and in the University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 4, inclusive, of this act.
Sec. 2. Pledged revenues means the student fees as defined in section 4 of this act.
Sec. 3. Project means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on the campus of the University of Nevada, Reno, as delineated and described in section 5 of this act, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 4. Student fees means the gross fees hereafter described in this section from students attending the University of Nevada, Reno, which fees are commonly designated as the University of Nevada, Reno, Capital Improvement Fee, and if hereafter authorized by law, all additional student fees, if any to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended. The designated Capital Improvement Fee now consists of $42 per academic semester for each full-time student and $3 per credit for each part-time student for any attendance at the University of Nevada, Reno, for the regular academic year of two semesters (but excluding any evening division student and any summer school student). A full-time student course in any semester consists of at least 7 credit hours, and a part-time student course in any semester consists of not more than 6 credit hours.
Sec. 5. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct, otherwise acquire and improve (or any combination thereof) the following described facilities on the campus of the University of Nevada, Reno, consisting of the following components, and with incidentals comprising the project, at costs not exceeding the respective amounts set forth opposite the description of each component (excluding any costs defrayed with moneys available therefor other than proceeds of any securities herein authorized):
κ1969 Statutes of Nevada, Page 623 (CHAPTER 358, AB 630)κ
University of Nevada, Reno, consisting of the following components, and with incidentals comprising the project, at costs not exceeding the respective amounts set forth opposite the description of each component (excluding any costs defrayed with moneys available therefor other than proceeds of any securities herein authorized):
(1) Chemistry and lecture buildings of the physical science building project, phase II ................................. $1,900,000
(2) College of education building ............................................................................................................................ $2,000,000
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $3,900,000, in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including without limitation proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 6. Upon the request of the board, all phases of the planning, design, construction and equipment of the project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 7. 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 University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 8. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 9. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 624κ
Assembly Bill No. 631Committee on Ways and Means
CHAPTER 359
AN ACT to amend an act entitled An Act authorizing the acquisition of certain specified projects and the issuance and sale of revenue bonds and other securities by the University of Nevada for such projects and the use and repayment of the receipts of such securities; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; and providing other matters properly relating thereto, approved January 26, 1967.
[Approved April 15, 1969]
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 4, Statutes of Nevada 1967, at page 23, is hereby amended to read as follows:
Section 1. The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:
1. Acquisition or acquire includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any body corporate and politic therein, or any person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any properties pertaining to the project, as defined in subsection [3] 4 of this section, or an interest in the project.
2. Board means the board of regents of the University of Nevada.
3. Pledged revenues means the [proceeds of a capital improvement fee of at least $42 per semester per student in the regular academic day program during the regular academic year of two semesters (but excluding any nighttime students and excluding any summer students).] student fees as defined in subsection 5 of this section.
4. Project means the chemistry and lecture buildings of the physical science building project on the [Washoe County] campus of the University of Nevada, Reno, to be acquired under the phase I construction on behalf and in the name of the university by the board, equipment and furnishings therefor, and structures, improvements and other appurtenances relating thereto.
5. Student fees means the gross fees hereinafter described in this subsection from students attending the University of Nevada, Reno, which fees are commonly designated as the University of Nevada, Reno, Capital Improvement Fee, and if hereafter authorized by law, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended. The designated Capital Improvement Fee now consists of $42 per academic semester for each full-time student and $3 per credit for each part-time student for any attendance at the University of Nevada, Reno, for the regular academic year of two semesters (but excluding any evening division student and any summer school student).
κ1969 Statutes of Nevada, Page 625 (CHAPTER 359, AB 631)κ
of Nevada, Reno, for the regular academic year of two semesters (but excluding any evening division student and any summer school student). A full-time student course in any semester consists of at least 7 credit hours, and a part-time student course in any semester consists of not more than 6 credit hours.
6. University means the University of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 665Committee on Judiciary
CHAPTER 360
AN ACT relating to bail; increasing the time period prior to forfeiture of bail; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 178.508 is hereby amended to read as follows:
178.508 If the undertaking or money deposited instead of bail is in excess of $50, the court shall direct that the sureties first be given notice by certified mail that the defendant has failed to appear, and the undertaking or money instead of bail shall not be declared forfeited until [the fifth day] 30 days after the notice is mailed. A copy of the notice shall be transmitted to the district attorney at the time notice is given to the sureties.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 667Committee on Judiciary
CHAPTER 361
AN ACT relating to the Nevada state prison; restricting the earning of credits for good behavior to the period of actual incarceration; requiring that such credits be deducted from the maximum term imposed; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every convict who is sentenced to the state prison after June 30, 1969, who has no infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year.
κ1969 Statutes of Nevada, Page 626 (CHAPTER 361, AB 667)κ
laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit shall be recorded on a monthly basis as earned for actual time served.
2. The mode of reckoning credits shall be as show in the following table:
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year....................................................................... 2 months 2 months
2 years..................................................................... 2 months 4 months
3 years..................................................................... 4 months 8 months
4 years..................................................................... 4 months 1 year
5 years..................................................................... 5 months 1 year, 5 months
6 years..................................................................... 5 months 1 year, 10 months
7 years..................................................................... 5 months 2 years, 3 months
8 years..................................................................... 5 months 2 years, 8 months
9 years..................................................................... 5 months 3 years, 1 month
10 years................................................................... 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made shall be deducted from the maximum term imposed by the sentence and shall apply to parole eligibility as provided in NRS 213.120.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for convicts whose diligence in labor or study surpasses the general average and for convicts who donate their blood for charitable purposes.
4. No convict allowed to go outside the prison walls on parole may earn the credits herein provided after the effective date of his release upon parole.
5. Each convict is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 as determined by the warden.
Sec. 2. NRS 209.280 is hereby amended to read as follows:
209.280 1. Every convict who is sentenced to the state prison on or before June 30, 1969, who shall have no infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits shall be as shown in the following table:
κ1969 Statutes of Nevada, Page 627 (CHAPTER 361, AB 667)κ
SCHEDULE OF CREDITS
Number of years Good time Total good Time to be served if
of sentence. granted. time made. full time is made.
1st year...................... 2 months 2 months 10 months
2nd year..................... 2 months 4 months 1 year, 8 months
3rd year...................... 4 months 8 months 2 years, 4 months
4th year...................... 4 months 1 year 3 years,
5th year...................... 5 months 1 year, 5 months 3 years, 7 months
6th year...................... 5 months 1 year, 10 months 4 years, 2 months
7th year...................... 5 months 2 years, 3 months 4 years, 9 months
8th year...................... 5 months 2 years, 8 months 5 years, 4 months
9th year...................... 5 months 3 years, 1 month 5 years, 11 months
10th year.................... 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for convicts whose diligence in labor or study surpasses the general average and for convicts who donate their blood for charitable purposes.
4. Each convict shall be entitled to the deductions allowed by this section unless the board shall find that for misconduct or other cause reported by the warden he shall not receive them.
________
Assembly Bill No. 669Committee on Health and Welfare
CHAPTER 362
AN ACT relating to registered pharmacists; permitting such pharmacists to trade or exchange drugs for business purposes.
[Approved April 15, 1969]
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 a new section which shall read as follows:
A registered pharmacist may trade or exchange drugs with another such pharmacist when any such trade or exchange is necessary to the business of either such pharmacist.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 628κ
Assembly Bill No. 671Mr. Schouweiler
CHAPTER 363
AN ACT relating to discovery and evidence; prohibiting the discovery of certain matters heard by hospital and medical society committees; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2:
(a) The proceedings and records of organized committees of hospital medical staffs having the responsibility of evaluation and improvement of the quality of care rendered in such hospital and medical review committees of medical societies are not subject to discovery proceedings.
(b) No person who attends a meeting of any such committee may be required to testify concerning the proceedings at such meetings.
2. The provisions of subsection 1 do not apply to:
(a) Any statement made by a person in attendance at such meeting who is a party to an action or proceeding the subject of which is reviewed at such meeting.
(b) Any statement made by a person who is requesting hospital staff privileges.
(c) The proceedings of any meeting considering an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 696Messrs. Bryan and Reid
CHAPTER 364
AN ACT relating to preliminary hearings; making exclusion of witnesses discretionary with the magistrate; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.204 is hereby amended to read as follows:
171.204 The magistrate [shall,] may, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel. the attorney general, the district attorney of the county, the defendant and his counsel, the witness who is testifying, the officer having the defendant or a witness in his custody, and any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
κ1969 Statutes of Nevada, Page 629 (CHAPTER 364, AB 696)κ
person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 705Committee on Government Affairs
CHAPTER 365
AN ACT relating to property tax; providing for the correction of tax rolls by the county assessor and county treasurer; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.765 is hereby amended to read as follows:
361.765 1. Whenever a clerical or typographical error or errors [shall] appear upon the real or personal property tax roll of any county which have not been corrected by any officer or board vested by law with the duty of correcting such errors, the county assessor of the county upon whose tax roll such errors appear shall make a report thereof to the board of county commissioners of such county.
2. The board of county commissioners shall thereupon examine the error or errors so reported, together with such evidence as may be presented in connection therewith, and, if satisfied that such errors or any of them are purely clerical or typographical shall:
(a) By and order entered in the minutes of the board authorize and direct the county treasurer to correct the error or errors so reported so as to conform to the true assessment; and
(b) Serve a copy of such order on the county treasurer, who shall thereupon make the corrections and change the tax roll or rolls in conformity therewith.
3. Whenever it appears that corrections of the mathematical or typographical errors on the tax roll are necessary, the county assessor may, with the concurrence of the county treasurer, make corrections in the assessed valuation of any property within the county. When such corrections are made, the county treasurer shall make such adjustments as are necessary to the tax rolls.
4. At the end of each fiscal year the county treasurer shall report to the board of county commissioners all corrections made under subsection 3 during such fiscal year. The board of county commissioners shall approve or disapprove each correction reported. The county treasurer shall make any adjustments to the tax rolls made necessary by the disapproval by the board of county commissioners of any corrections made.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 630κ
Assembly Bill No. 709Mr. Glaser
CHAPTER 366
AN ACT providing for the perpetuation of public land survey corners; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 26 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. This chapter may be cited as the Corner Perpetuation and Filing Law.
Sec. 3. It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the location of such corners, thereby providing for property security and a coherent system of property location and identification, and eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 14, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Accessory to a corner means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories to a corner may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes or other physical objects.
Sec. 6. Board means the state board of registered professional engineers.
Sec. 7. Corner, means a property corner, a property-controlling corner, a public land survey corner or any combination of these.
Sec. 8. Corner record means a written record of the establishment or restoration of a corner or accessory to a corner.
Sec. 9. Monument means a physical structure that occupies the exact position of a corner.
Sec. 10. Property-controlling corner for a property means a public land survey corner or any property corner which does not lie on a property line of the property in question, but which controls the location of one or more of the property corners of such property.
Sec. 11. Property corner means a geographic point on the surface of the earth which is on and a part of a property line and controls the location of such line.
Sec. 12. Public land survey corner means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States Government.
Sec. 13. Reference monument means a special monument which does not occupy the same geographical position as the corner itself, whose spatial relationship to the corner is recorded and which serves to witness the corner.
κ1969 Statutes of Nevada, Page 631 (CHAPTER 366, AB 709)κ
does not occupy the same geographical position as the corner itself, whose spatial relationship to the corner is recorded and which serves to witness the corner.
Sec. 14. Surveyor means any person who is authorized pursuant to chapter 625 of NRS to practice land surveying.
Sec. 15. A surveyor shall complete, sign and file or cause to be filed with the county recorder of the county in which the corner is situated a written record of the establishment or restoration of a public land survey corner. Such a filing shall be made for every public land survey corner and accessory to such corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within 30 days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.
Sec. 16. A surveyor may file any corner record as to any property corner, property-controlling corner, reference monument or accessory to a corner.
Sec. 17. The board shall, by regulation, prescribe the information which is to be included in the corner record and the form in which such corner record is to be presented and filed.
Sec. 18. 1. The county recorder of the county containing the corner shall:
(a) Receive the completed corner record and preserve it in a hard-bound book. The books shall be numbered in numerical order.
(b) Make such records available for public inspection during all usual office hours.
2. The fee for filing any corner record shall be $2.50, except that no fee shall be charged for filing:
(a) A written record of all corners, monuments and their accessories established prior to July 1, 1969, where such record is completed as required by this chapter and is offered for filing before January 1, 1970.
(b) Any survey performed by authorized personnel of the federal, state or local governments.
Sec. 19. Where a corner record of a public land survey corner is required to be filed under the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner and the accessories to such corner so that such corner and accessories may be readily located at any time in the future.
Sec. 20. No corner record may be filed unless it is signed by a registered land surveyor or, in the case of any agency of the United States Government, by the official making the making the survey, who shall designate his official title and the agency for which he is employed.
Sec. 21. Corner records concerning corners established, reestablished or restored may be filed before July 1, 1969.
Sec. 22. Any surveyor who fails to comply with the provisions for this chapter is guilty of gross negligence, incompetency or misconduct in the practice of land surveying as a registered land surveyor and may have his certificate as a registered land surveyor revoked pursuant to NRS 625.410 or, at the boards discretion, may be fined not more than $500.
κ1969 Statutes of Nevada, Page 632 (CHAPTER 366, AB 709)κ
Sec. 23. For the purpose of section 21 of this act, this act shall become effective upon passage and approval. For all other purposes, this act shall become effective July 1, 1969.
________
Assembly Bill No. 736Committee on Judiciary
CHAPTER 367
AN ACT relating to court costs; requiring the plaintiff to notify a defendant when a required undertaking is filed; providing the time within which to answer or otherwise plead to the complaint; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.130 is hereby amended to read as follows:
18.130 1. When a plaintiff in an action resides out of the state, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of $300; or in lieu of such undertaking, the plaintiff may deposit $300, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. The plaintiff, upon filing the undertaking or depositing the security, shall notify the defendant of such filing or deposit, and the defendant, after receipt of such notice, shall have 10 days or the period allowed under NRCP 12(a), whichever is longer, in which to answer or otherwise plead to the complaint.
2. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed.
3. Each of the sureties on the undertaking mentioned in subsection 1 shall annex to the same an affidavit that he is a resident and householder, or freeholder, within the county and is worth double the amount specified in the undertaking, over and above all his just debts and liabilities, exclusive of property exempt from execution.
4. After the lapse of 30 days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.
________
κ1969 Statutes of Nevada, Page 633κ
Assembly Bill No. 740Committee on Commerce
CHAPTER 368
AN ACT relating to gaming; declaring the policy of the state to preserve free competition.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.130 is hereby amended to read as follows:
463.130 1. It is hereby declared to be the policy of this state that all establishments where gambling games are conducted or operated or where gambling devices are operated and manufacturers, sellers and distributors of certain gambling devices and equipment in the State of Nevada shall be licensed and controlled so as to [better] protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada [.] , and to preserve the competitive economy and the policies of free competition of the State of Nevada.
2. Any license issued pursuant to this chapter shall be deemed to be a revocable privilege and no holder thereof shall be deemed to have acquired any vested rights therein or thereunder.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 123Committee on Agriculture
CHAPTER 369
AN ACT relating to weights and measures; adding definitions; clarifying certain terms and applicability of the law; modifying allowable units of measure for dairy product containers; providing penalties; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act and NRS 581.010 and 581.020, have the meanings ascribed to them in sections 3 and 4 of this act and NRS 581.010 and 581.020.
Sec. 3. Correct means any weight, measure, or weighing or measuring device that is accurate within applicable tolerances as determined by tests made with suitable standards and meets all applicable specifications and regulations adopted by the state sealer of weights and measures.
Sec. 4. Incorrect means any weight, measure, or weighing or measuring device that is not accurate within applicable tolerances as determined by tests made with suitable standards or fails to comply with any applicable specifications or regulations adopted by the state sealer of weights and measures.
κ1969 Statutes of Nevada, Page 634 (CHAPTER 369, AB 123)κ
applicable specifications or regulations adopted by the state sealer of weights and measures.
Sec. 5. NRS 561.305 is hereby amended to read as follows:
561.305 The department shall establish and maintain a laboratory or laboratories for the following purposes:
1. The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
4. The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.
5. The testing of economic poisons, insecticides, fungicides, herbicides and rodenticides as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.260 to 555.460, inclusive.
6. The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of [NRS 581.010 to 581.460, inclusive.] chapter 581 of NRS.
7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds, as may be necessary under the provisions of chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
9. The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
10. The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the executive director and which can be made with equipment available in any such laboratory. Any citizen shall have the privilege of submitting samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the executive director.
Sec. 6. NRS 581.010 is hereby amended to read as follows:
581.010 [As used in this chapter, package] Package and container [shall] include any closed carton, box, barrel, bag, keg, drum, bundle, jar, crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel, package, or paper wrapper.
Sec. 7. NRS 581.020 is hereby amended to read as follows:
581.020 [As used in this chapter, person shall be construed to impart both singular and plural as the case demands, and shall include a corporation, company, society and association.] Person includes both the singular and plural number, and includes an individual, firm, partnership, corporation, company, society or association.
κ1969 Statutes of Nevada, Page 635 (CHAPTER 369, AB 123)κ
Sec. 8. NRS 581.070 is hereby amended to read as follows:
581.070 1. The state sealer of weights and measures shall have the power to, and he shall:
(a) Inspect, test, try, and ascertain if they are correct [, all weights,] and in compliance with applicable specifications and regulations, all commercial weights, measures and weighing or measuring devices, kept [, offered or exposed for sale, sold,] or used or employed commercially in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption purchased or offered for sale, hire or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination.
(b) From time to time, weigh or measure and inspect packages or amounts of commodities of whatever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they are offered for sale or sold in a manner in accordance with law.
(c) [At least once each year, or as often as he may deem necessary, see that all weights, measures and weighing or measuring devices used are correct.] Test, at such time intervals as he may deem necessary, all commercial weights, measures and weighing or measuring devices used, to see that they are correct and in compliance with applicable specifications and regulations.
2. The state sealer of weights and measures, for the purpose mentioned in subsection 1 and in the general performance of his official duties, may enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, junk dealer, driver of any delivery vehicle, or any person whatsoever, and require him, if necessary, to proceed to the nearest authorized place which the state sealer of weights and measures may specify for the purpose of making the proper tests.
Sec. 9. NRS 581.080 is hereby amended to read as follows:
581.080 Whenever the state sealer of weights and measures compares weights, measures or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession [,] and are in compliance with applicable regulations and specifications, he shall suitably seal or mark such weights, measures or weighing and measuring devices. [with appropriate devices.]
Sec. 10. NRS 581.090 is hereby amended to read as follows:
581.090 1. The state sealer of weights and measures shall condemn and seize, and may destroy, incorrect weights, measures or weighing or measuring devices which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet, in his best judgment, may be repaired, or may be brought into compliance with applicable specifications and regulations, he shall mark or tag as condemned for repairs.
2. The owners or users of any weights, measures or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within such reasonable period as may be specified by the state sealer of weights and measures, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the state sealer of weights and measures.
κ1969 Statutes of Nevada, Page 636 (CHAPTER 369, AB 123)κ
by the state sealer of weights and measures, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the state sealer of weights and measures.
3. Any weights, measures or weighing and measuring devices which have been condemned for repairs and have not been repaired as required in this section shall be confiscated by the state sealer of weights and measures.
4. Except as provided in this subsection, it is unlawful for any person other than the state sealer of weights and measures or his appointees to remove, break, mutilate, deface or destroy any violation notice or tag or any security seal affixed to any weight or weighing or measuring device by the state sealer of weights and measures or his appointees. The state sealer of weights and measures may authorize registered repairmen to break seals and remove violation notices for the purpose of repairing commercial weighing and measuring equipment.
Sec. 11. NRS 581.320 is hereby amended to read as follows:
581.320 1. [Containers used for the sale of milk or cream shall be of the capacity of 1 gallon, one-half gallon, 1 quart, 1 pint, 10 fluid ounces, or one-half pint.] All fluid dairy products, including cream, sour cream and buttermilk, shall be packaged for retail sale only in units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon. Containers used for the sale of [milk or cream] such products shall be marked upon the side of each container with its capacity. The name, initial or trade-mark of the manufacturer shall be marked upon the side or bottom.
2. [Certain container sizes not specified in subsection 1 may, with the written approval of the state sealer of weights and measures, be used by restaurants for service of milk with meals.] This section does not apply to eating establishments serving milk in glasses with meals.
Sec. 12. This act shall become effective at 12:01 a.m. of July 1, 1969.
________
Assembly Bill No. 749Committee on Transportation
CHAPTER 370
AN ACT relating to vehicle combinations; providing procedures for the approval and issuance of special permits to operate vehicle combinations; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.522 is hereby amended to read as follows:
484.522 1. No bus or motortruck shall exceed a length of 40 feet.
2. Expect as provided in subsection 3, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
κ1969 Statutes of Nevada, Page 637 (CHAPTER 370, AB 749)κ
3. The department of highways, by rule and regulation, shall provide for the operation of vehicle combinations in excess of 70 feet in length, but in no event exceeding 105 feet. Such rules and regulations shall establish standards for the operation of such vehicles, which standards shall be consistent with their safe operation upon the public highways and shall include, but not be limited to, the following:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles shall not be permitted on highways where, in the opinion of the department of highways, their use would be inconsistent with the public safety due to narrow roadway, excessive grades, extreme curvature or vehicular congestion.
4. [Not later than the 3rd Monday of January 1969, the department of highways shall file with the legislature the standards promulgated under this section and shall make such recommendations as they deem appropriate to assist in making legislative determinations as to future operations under this section.
5. This section does not apply to vehicles used by a public utility for the transportation of poles.] Vehicle combinations operated under the provisions of subsection 3 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of highways, carry vehicle loads not to exceed the values set forth in the following formula: W=500 (LN/(N-1) + 12N +36), wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
The distance between axles shall be measured to the nearest foot. When a fraction is exactly one-half foot the next largest whole number shall be used. Such permits may be restricted in such manner as the department of highways deems necessary and may, at the option of the department of highways, be canceled without notice. No such permits may be issued for operation on any highway where such operation would prevent the state from receiving federal funds for highway purposes.
5. Upon approving an application for a permit to operate vehicle combinations under the provisions of subsection 4, the department of highways shall withhold issuance of the permit until such time as the applicant has furnished proof of compliance with the provisions of section 2 of this act.
6. This section does not apply to vehicles used by a public utility for the transportation of poles.
Sec. 2. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. After the department of highways has approved an application for a permit under the provisions of subsection 4 of NRS 484.522, and prior to issuance, the department shall issue special identifying devices for vehicle combinations to be operated under such special permit, which shall be carried and displayed on any vehicle combination operating under such permit in such manner as the department of highways determines.
κ1969 Statutes of Nevada, Page 638 (CHAPTER 370, AB 749)κ
vehicle combinations to be operated under such special permit, which shall be carried and displayed on any vehicle combination operating under such permit in such manner as the department of highways determines. The devices issued may be transferred from one vehicle combination to another under such conditions as the department may, by rule and regulation prescribe, but shall not be transferred from one person to another without prior approval of the department. Such devices shall be used only on motor vehicles regularly licensed under the provisions of NRS 706.540 or 706.550.
2. The annual fee for each vehicle combination identifying device or devices shall be $20 for each 1,000 pounds or fraction thereof of gross vehicle combination weight in excess of 77,000 pounds, which fee shall be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, and in no event to be less than $50. Such fee shall be paid in addition to all other fees required under the provisions of this chapter.
3. Any person operating a vehicle combination licensed pursuant to the provisions of subsection 2, who is apprehended operating a vehicle combination in excess of the gross vehicle load for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a vehicle combination without having complied with the provisions of NRS 484.522 and section 2 of this act is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
5. The department may require such reports and the maintenance of such records as is deemed necessary for the administration and enforcement of NRS 484.522 and section 2 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 107Senators Swobe, Harris, Hug, Slattery and Young
CHAPTER 371
AN ACT to amend an act entitled An act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 102, Statutes of Nevada 1903, at page 184, is hereby amended by adding thereto three new sections, to be designated as sections 10.151, 10.152 and 10.153 of article XII, respectively, which shall immediately follow section 10.150 of article XII, and shall read as follows:
κ1969 Statutes of Nevada, Page 639 (CHAPTER 371, SB 107)κ
article XII, respectively, which shall immediately follow section 10.150 of article XII, and shall read as follows:
Section 10.151. The interest on special assessments and on improvement bonds payable out of the fund created by special assessment may be fixed at one or more rates.
Section 10.152. Any action or proceeding to contest the validity of:
1. Any proceeding relating to the creation or designation of any improvement district or area for special assessment;
2. Any ordinance creating or designating such district or area; or
3. The creation or designation of such district or area, must be commenced within 30 days after the adoption of the ordinance creating or designating such district or area. Any action or proceeding to contest any of the proceedings thereafter or any special assessment must be commenced within 15 days after the special assessment is confirmed by the city council.
Section 10.153. 1. The provisions of this charter relative to special assessments, improvement bonds payable therefrom and proceedings in connection therewith are in addition and supplemental to, and not in substitution for, the powers conferred by any general law, including but not limited to the Consolidated Local Improvements Law (chapter 271 of NRS), as amended. The provisions of this charter are intended to provide a separate and alternate method, not an exclusive one, to the methods provided by general law, and the provisions of this charter shall not operate as a limitation on special assessments imposed, bonds issued or proceedings taken pursuant to general law or a special act which provides an alternate method or proceeding therefor.
2. The provisions of subsection 1 are not a change in, but are declaratory of, the preexisting law.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 278Committee on Finance
CHAPTER 372
AN ACT providing for the payment of necessary expenses incurred in returning persons arrested for violations of parole and probation to the State of Nevada from the reserve for statutory contingency fund and for the payment by the governor of certain costs and expenses incurred in criminal extraditions from funds appropriated for that purpose; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.215 is hereby amended to read as follows:
176.215 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed 5 years.
κ1969 Statutes of Nevada, Page 640 (CHAPTER 372, SB 278)κ
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. The parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the circumstances of violation. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
3. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of such court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may continue or revoke the probation or suspension of sentence, and may cause the sentence imposed to be executed.
4. The necessary expenses of returning to the State of Nevada a person arrested for violation of probation shall be a charge upon the State of Nevada, and shall be paid [by the parole and probation officer under the direction of the board, in the same manner as that in which other claims against the state are paid, from any funds appropriated and set aside for that purpose.] out of the reserve for statutory contingency fund upon approval by the state board of examiners.
Sec. 2. NRS 179.225 is hereby amended to read as follows:
179.225 When the punishment of the crime is the confinement of the criminal in the Nevada state prison, the expenses shall be paid [out of the reserve for statutory contingency fund] from funds appropriated to the governor upon approval by the state board of examiners; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning such prisoner.
Sec. 3. NRS 213.153 is hereby amended to read as follows:
213.153 The necessary expenses of returning to the State of Nevada a person arrested for violation of parole shall be a charge upon the State of Nevada, and shall be paid [by the chief parole and probation officer under the direction of the board, in the same manner as that in which other claims against the state are paid, from any funds appropriated and set aside for that purpose.] out of the reserve for statutory contingency fund upon approval by the state board of examiners.
Sec. 4. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
κ1969 Statutes of Nevada, Page 641 (CHAPTER 372, SB 278)κ
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for the payment of claims which are obligations of the state under NRS 7.260, 41.037, 176.215, 176.485, 177.345, [179.225,] 179.310, 212.040, 212.050, 212.070, 213.153, 214.040 and 353,120.
________
Senate Bill No. 314Committee on Finance
CHAPTER 373
AN ACT relating to the state purchasing act; simplifying procedure for making estimates of requirements for supplies by using agencies; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.260 is hereby amended to read as follows:
333.260 1. The chief shall determine the requirements of supplies and materials of the using agencies according to records of past experience, and according to estimates of anticipated requirements furnished by the various using agencies. The chief shall set up and maintain current cumulative purchase records of all materials and supplies purchased for the using agencies.
2. Prior to the scheduled date for purchasing any class of commodities, the chief shall [distribute forms for] make estimates of requirements among all the using agencies using the commodities included in that class. [A separate set of estimates shall be used for each major class of commodities, and before the estimate forms are distributed among the using agencies, the names, the specifications and the units of measures of the commodities and the quantities consumed by the several agencies during the past period shall be listed on the forms.
3. Upon receipt of the estimate forms, the head of such using agency shall make his best estimate of his anticipated requirements for each commodity listed on each estimate form for the period specified. In so doing he shall be guided by the statement of quantities consumed in the past periods and his knowledge of the requirements for his program of work for the ensuing period. In arriving at the estimate of requirements, quantities in stock shall not be deducted from the actual quantities estimated to be needed.] The chief may make the estimates by summarizing the requisitions of materials and supplies submitted by the using agencies.
4. Using agencies requiring information such as prices, specifications, and the procurement of any supplies, materials and equipment for present or future needs shall obtain this information through the chief.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 642κ
Senate Bill No. 326Committee on Federal, State and Local Governments
CHAPTER 374
AN ACT relating to the annexation of territory by a city; permitting such annexation without a petition when the territory is owned in fee by the city.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.670 is hereby amended to read as follows:
268.670 l. Notwithstanding the provisions of NRS 268.610 to 268.668, inclusive, the governing body of a city may annex:
(a) Contiguous territory owned in fee by the city.
(b) Other contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.
2. For the purposes of this section, contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the state or by the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 327Committee on Federal, State and Local Governments
CHAPTER 375
AN ACT relating to gaming license fees; clarifying the distribution of such fees by county treasurers; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.390 shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers.
κ1969 Statutes of Nevada, Page 643 (CHAPTER 375, SB 327)κ
be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes.
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such [remaining] moneys, and the incorporated city or town shall receive 50 percent of such [remaining] moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 644κ
Senate Bill No. 359Clark County Delegation
CHAPTER 376
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5.60 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as added by chapter 272, Statutes of Nevada 1959, at page 341, is hereby amended to read as follows:
Section 5.60. System of Civil Service Established. There is hereby created a system of civil service of the city of Las Vegas, applicable to and governing all employees of the city of Las Vegas, Nevada, except duly elected officials, the city manager, department heads [and the chief deputy or assistant to the department head or elected official.] , the chief deputies or assistants to such elected officials, city manager or department heads, such other deputies or assistants as have been appointed to positions which have been established by the board of commissioners and which, by their nature, require the performance of elected officials, city managers or department heads duties, and such other officials and employees as have been appointed to positions which have been established by the board and which, by their nature, require the holders thereof to be licensed by a state agency. The said system of civil service shall be based upon merit principles of personnel administration which shall contain the fundamental conditions of service and the basic rights, duties and obligations of the employees of the city of Las Vegas.
To the end that there may be no undue hardship imposed upon any officer or employee of said city who shall have attained a certain grade, rank or position pursuant to chapter 193, Statutes of Nevada 1951, and rules and regulations adopted as therein authorized, as a result of continuous service, every officer and employee who has been in the employ of said city for more than six (6) months immediately prior to the adoption of this amendatory act, and who is otherwise qualified as a regular employee, shall be entered into the civil service of the city and to the position, grade or rank held by such officer and employee at the time of the adoption of this amendatory act. All other officers and employees, not otherwise excluded from civil service, shall be regarded as probationary employees who are serving out the balance of their working test period before obtaining regular status.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 645κ
Senate Bill No. 382Senator Monroe
CHAPTER 377
AN ACT to amend an act entitled An Act incorporating the City of Wells, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto, approved March 22, 1967.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 49 of chapter II of the charter of the City of Wells, being chapter 159, Statutes of Nevada 1967, at page 302, is hereby amended to read as follows:
Section 49. Streets, sidewalks, parks and public grounds: Power of council. The board of councilmen have power:
1. To lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
2. To plant or direct and regulate the planting of ornamental shade trees, in or along and upon streets, avenues, sidewalks, parks and public grounds.
3. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
4. To prevent and remove obstructions and encroachments upon the same.
5. To provide for and regulate crosswalks, curbs and gutters.
6. To name streets, avenues or other public places, and to change the names thereof.
7. To provide for and regulate the numbering of houses and lots.
8. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
9. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.
10. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury, or obstruction to, any street, avenue, alley, park or public ground.
11. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public grounds and buildings, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
12. To regulate or prevent the flying of flags, banners or signs across the street from buildings.
13. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds or upon sidewalks.
14. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues and public places.
κ1969 Statutes of Nevada, Page 646 (CHAPTER 377, SB 382)κ
locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues and public places.
15. To regulate or prohibit any public demonstrations and processions.
16. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
17. To prevent and regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.
18. To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
19. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
20. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
21. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
22. To lay out, build, establish, acquire, open, improve, maintain and operate golf courses, driving ranges, club houses, pro shops and other facilities useful, convenient or necessary in connection therewith; to aid, support and cooperate with any nonprofit corporation or association formed under the laws of the State of Nevada for the purpose of engaging in such activities, by the donation, lease or sale of lands, buildings, improvements and personal property, the donation of funds and the payment for and acquiring of a membership or memberships in such a corporation or association.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 485Committee on Finance
CHAPTER 378
AN ACT relating to the state treasurer; authorizing a special revolving fund; making an appropriation; and providing other matters properly relating thereto.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 356 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state treasurer shall maintain a special revolving fund of $20,000 to be used to cash:
κ1969 Statutes of Nevada, Page 647 (CHAPTER 378, SB 485)κ
(a) State warrants; and
(b) Checks for not more than $25, drawn by or payable to an employee or officer of the state.
The treasurer may refuse to cash any check drawn by or payable to a state employee if the treasurer has reason to doubt that such check will be honored or if the drawer has a record of issuing checks which are not honored.
2. This revolving fund shall be kept partly in cash and partly in the form of a special checking account in a state or national bank in Carson City. The cash portion of the fund shall be replenished as required by withdrawal from the checking account.
3. Within 2 days after cashing any check or warrant, the state treasurer shall deposit such check or warrant for collection to the credit of the special checking account. Any check presented for payment which is dishonored shall be delivered to the state controller to recover the amount of the check pursuant to NRS 227.230. The state treasurer shall be liable for any amount not recovered by the state controller.
4. All amounts recovered by the state controller or made good by the state treasurer or his bondsman shall be deposited in the special checking account.
Sec. 2. NRS 356.010 is hereby amended to read as follows:
356.010 1. All moneys, except as provided in section 1 of this act, under the control of the state treasurer belonging to the state shall be deposited in any state or national bank or banks in the State of Nevada, or in any bank or banks outside of the State of Nevada as provided in NRS 356.100, and such depositary banks shall handle, collect and pay all checks, drafts and other exchange without cost to the state.
2. Such deposits shall be made only with the written consent and approval of the state board of finance. The written consent and approval of the state board of finance to make deposits of state moneys in banks shall be delivered to the state treasurer and filed in his office, and a copy thereof shall be filed in the office of the secretary of state, and shall be a public record.
3. Any sums so deposited shall be deemed to be in the state treasury if the bank or banks in which such money is deposited shall, prior to or simultaneously with the making of the deposits, furnish security as provided in NRS 356.010 to 356.110, inclusive.
Sec. 3. There is hereby appropriated from the general fund in the state treasury the sum of $20,000 to establish the special revolving fund provided in section 1 of this act.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 648κ
Senate Bill No. 426Committee on Finance
CHAPTER 379
AN ACT increasing the compensation of members of the Nevada gaming commission.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.026 is hereby amended to read as follows:
463.026 1. The members of the commission shall each receive as compensation [$25] $40 for each day actually employed on the work of the commission.
2. In addition to the compensation provided for in subsection 1, the chairman of the commission shall receive an annual salary of $500.
3. In addition to such salary, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
________
Senate Bill No. 469Committee on Finance
CHAPTER 380
AN ACT to amend an act entitled An Act making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969; and providing other matters properly relating thereto, approved April 20, 1967.
[Approved April 15, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 51 of the above-entitled act, being chapter 441, Statutes of Nevada 1967, at page 1193, is hereby amended to read as follows:
Section 51. 1. After June 30, 1969, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on [September 1, 1969.] June 30, 1970.
2. If on September 1, 1969, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau by section 21 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The Western Regional Higher Education Compact fund by section 29 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
κ1969 Statutes of Nevada, Page 649 (CHAPTER 380, SB 469)κ
but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 491Committee on Finance
CHAPTER 381
AN ACT authorizing the transfer of certain appropriated funds for the support of the welfare division of the department of health, welfare and rehabilitation for the fiscal year ending June 30, 1969, to implement assistance payable under the aid to dependent children program.
[Approved April 15, 1969]
Whereas, The aid to dependent children program caseload is not following the projected increases and required assistance payments may exceed the appropriations made therefor for the fiscal year ending June 30, 1969; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the period from the effective date of this act until June 30, 1969, upon demonstration of proof of need by the welfare division of the department of health, welfare and rehabilitation, the chief of the budget division of the department of administration is authorized to transfer not to exceed $15,000 from any moneys appropriated to the welfare division of the department of health, welfare and rehabilitation by section 30 of chapter 441, Statutes of Nevada 1967, and section 1 of chapter 162, Statutes of Nevada 1969, for the support of welfare division administration, old-age assistance, aid to the blind and child welfare services for the fiscal year ending June 30, 1969, for the additional support of aid to dependent children for the fiscal year ending June 30, 1969.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 486Messrs. Reid and Bryan
CHAPTER 382
AN ACT relating to deputy sheriffs, eliminating residence requirements; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 248.040 is hereby amended to read as follows:
248.040 1. Each sheriff shall have power to appoint, in writing signed by him, one or more deputies, who are empowered to perform all the duties devolving on the sheriff of the county.
κ1969 Statutes of Nevada, Page 650 (CHAPTER 382, AB 486)κ
2. No deputy sheriff shall be qualified to act as such unless [:
(a) He shall have been a resident of the State of Nevada for at least 6 months prior to the date of his appointment.
(b) He] he has taken an oath to discharge the duties of the office faithfully and impartially. The oath shall be certified on the back of his appointment and filed in the office of the county auditor.
3. The sheriff shall be responsible for all the acts of his deputy or deputies, and may remove such deputy or deputies at pleasure. The sheriff may also require of his deputies such bonds as to him shall seem proper.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 766Committee on Judiciary
CHAPTER 383
AN ACT increasing the duration of support for illegitimate children.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 126.230 is hereby amended to read as follows:
126.230 1. If the finding or verdict be against the defendant, the court shall give judgment against him declaring paternity and for support of the child.
2. The judgment shall be for annual amounts, equal or varying, having regard to the obligation of the father under NRS 126.030, as the court directs, until the child, if male, reaches the age of [16] 21 years [.] or, if female, reaches the age of 18 years.
3. The payments may be required to be made at such periods or intervals as the court directs.
4. In addition to providing for support, the judgment may also provide for the payment of the necessary expenses incurred by or for the mother in connection with the birth of the child.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 651κ
Assembly Bill No. 746Committee on Judiciary
CHAPTER 384
AN ACT relating to gaming; providing for the licensing and inspection of all equipment and materials used in gambling which are manufactured, sold or distributed in the state; providing a penalty; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.650 is hereby amended to read as follows:
463.650 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada any form of manufacture, selling or distribution of any device, equipment, material or machine used in gambling, except pinball machines, [in which the odds are operated, produced or determined electronically or electrically,] without having first procured a license for such manufacture, selling or distribution as provided in NRS 463.650 and 463.660.
2. Any person whom the commission determines to be a suitable person to receive a license under the provisions of NRS 463.650 and 463.660, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold any license under NRS 463.650 and 463.660 shall be at all times on the applicant or licensee.
Sec. 2. NRS 463.670 is hereby amended to read as follows:
463.670 1. The legislature finds and declares as facts:
(a) That the inspection of electronic and mechanical devices and all other equipment and materials used in gambling is essential to carry out the provisions of this chapter; and
(b) That such inspection is greatly facilitated in the case of such devices, equipment and materials manufactured within this state by the opportunity to inspect components prior to assembly and to examine the methods of manufacture.
2. The board [shall] may inspect every device or machine used in gambling, except pinball machines, [in which the odds are operated, produced or determined electronically or electrically,] and all other equipment or materials which [is] are manufactured, sold or distributed [for] :
(a) For use in this state, before such device [is] , equipment or materials are put into play.
(b) In this state for use outside this state, before such device, equipment or materials are shipped out of this state.
3. In addition to all other fees and charges imposed by this chapter, the board [shall] may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which shall [be based upon] not exceed the actual cost of inspection [but shall not exceed:
(a) For each device or machine manufactured within the State of Nevada, $10.
κ1969 Statutes of Nevada, Page 652 (CHAPTER 384, AB 746)κ
(b) For each device or machine manufactured outside the State of Nevada, $25.] and investigation.
Sec. 3. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who possesses any device, equipment or material which has been manufactured, sold or distributed in violation of NRS 463.650 is guilty of a misdemeanor.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 685Committee on Government Affairs
CHAPTER 385
AN ACT relating to secured transactions; permitting a microfilm system of filing; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. A filed financing statement which states a maturity date of the obligation secured of 5 years or less is effective until such maturity date and thereafter for a period of 60 days. Any other filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of such 60-day period after a stated maturity date or on the expiration of such 5-year period, as the case may be, unless a continuation statement is filed prior to the lapse. Upon such lapse the security interest becomes unperfected. A filed financing statement which states that the obligation secured is payable on demand is effective for 5 years from the date of filing.
3. A continuation statement may be filed by the secured party:
(a) Within 6 months before and 60 days after a stated maturity date of 5 years or less; and
(b) Otherwise within 6 months prior to the expiration of the 5-year period specified in subsection 2.
Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it.
κ1969 Statutes of Nevada, Page 653 (CHAPTER 385, AB 685)κ
otherwise, the filing officer may remove a lapsed statement from the files and destroy it.
4. A filing officer shall mark each statement with a consecutive file number and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number and the address of the debtor given in the statement.
5. The uniform fee for filing, indexing and furnishing filing data for an original or a continuation statement on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
6. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing.
Sec. 2. NRS 104.9404 is hereby amended to read as follows:
104.9404 1. Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor a statement that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must include or be accompanied by the assignment or a statement by the secured party of record that he has assigned the security interest to the signer of the termination statement. If the affected secured party fails to send such a termination statement within 10 days after proper demand therefor he shall be liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.
2. On presentation to the filing officer of such a termination statement he must note it in the index. The filing officer shall remove from the files, mark terminated and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto.
3. The uniform fee for filing and indexing a termination statement, including sending or delivering the financing statement, on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
4. If the filing officer has microfilmed the original documents, he shall make copies of the microfilmed documents, mark the copies terminated and send or deliver to the secured parties and to the debtor the copies marked terminated.
Sec. 3. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the statement by indication in the statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. Either the original secured party or the assignee may sign this statement as the secured party. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in subsection 4 of NRS 104.9403.
κ1969 Statutes of Nevada, Page 654 (CHAPTER 385, AB 685)κ
statement the filing officer shall mark the same as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
3. After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.
4. Where the filing officer maintains a microfilm system he may, after microfilming the original document and making the appropriate notations, return it to the person who presented it for filing.
________
Assembly Bill No. 681Mrs. Tyson
CHAPTER 386
AN ACT relating to state lands; authorizing the transfer of certain state land to the Clark County Association for Retarded Children; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register, on behalf of the division of state lands of the state department of conservation and natural resources, is hereby directed to convey to the Clark County Association for Retarded Children, without consideration, that property owned by the State of Nevada and situated in Clark County, Nevada, described as follows:
Commencing at the northeast corner of section 2, T. 21 S., R. 60 E., M.D.B. & M.; thence S. 02°02′20″ E. along the east line of Section 2, a distance of 887.18 feet to the true point of beginning; thence continuing S. 02°02′20″ E. along the east line of Section 2, a distance of 452.55 feet; thence S.
κ1969 Statutes of Nevada, Page 655 (CHAPTER 386, AB 681)κ
a distance of 452.55 feet; thence S. 87°57′40″ W., 50.00 feet to a point on the proposed westerly right-of-way line of Jones Blvd. (proposed 100 feet wide); thence continuing S. 87°57′40″ W., 173.55 feet; thence N. 30°02′20″ W., 350.48 feet; thence N. 59°57′40″ E., 230.61 feet to a point of curvature of a curve concave to the southeast and having a radius of 392.93 feet; thence northeasterly along such curve through a central angle of 10°10′00″, an arc length distance of 69.72 feet to a point of compound curvature of a curve concave to the southeast and having a radius of 200.00 feet and subtending a central angle of 25°42′30″; thence easterly along such curve an arc length distance of 89.74 feet to a radial point on the proposed curved westerly right-of-way line (having a radius of 350.00 feet) of Jones Blvd.; a radial bearing from such point on such curve bears S. 73°24′59″ E.; thence N. 87°57′40″ E. a distance of 31.67 feet to the true point of beginning; containing 3.004 acres, more or less.
Reserving therefrom the following-described parcel of land containing 0.263 acres, more or less, for future roadway and utility purposes:
Commencing at the most northeasterly corner of the last-described parcel of land; thence S. 87°57′40″ W. a distance of 31.67 feet to a point of intersection with the proposed curved westerly right-of-way line of Jones Blvd. (proposed 100 feet wide); such curve having a radius of 350.00 feet and being concave to the southeast; a radial bearing from such point bears S. 73°24′59″ E.; such point also being the true point of beginning; thence southerly along such curve through a central angle of 8°43′54″, an arc length distance of 53.34 feet to a radial point on such curve; thence from a tangent bearing N. 7°51′07″ E., northerly along a curve concave to the southwest having a radius of 20.00 feet through a central angle of 101°57′45″, an arc length distance of 35.59 feet to a point of compound curvature of a curve concave to the southeast, having a radius of 170.00 feet; thence southwesterly along such curve through a central angle of 15°45′42″, an arc length distance of 46.77 feet to a point of compound curvature of a curve concave to the southeast, having a radius of 362.93 feet; thence southwesterly along such curve through a central angle of 10°10′00″, an arc length distance of 64.40 feet to a point of tangency; thence S. 59°57′40″ W., 230.61 feet; thence N. 30°02′20″ W., 30.00 feet; thence N. 59°57′40″ E., 230.61 feet to a point of curvature of a curve concave to the southeast having a radius of 392.93 feet; thence northeasterly along such curve through a central angle of 10°10′00″, an arc length distance of 69.72 feet to a point of compound curvature of a curve concave to the south having a radius of 200.00 feet; thence easterly along such curve through a central angle of 25°42′30″, an arc length distance of 89.74 feet to the true point of beginning.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 656κ
Assembly Bill No. 673Mr. Swackhamer
CHAPTER 387
AN ACT relating to counties; establishing the boundary line between Eureka and Lander counties; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 243 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The boundary line between Eureka and Lander counties is hereby defined and established as follows: Beginning at a point on the east boundary of section 18, T. 36 N., R. 48 E., at the intersection of the east boundary of section 18 and the Elko County line; thence southerly along the east boundary of sections 18, 19, 30 and 31 of T. 36 N., R. 48 E., to the southeast corner of section 31; thence westerly along the south boundary of section 31 to the NW corner of section 5, T. 35 N., R. 48 E.; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 35 N., R. 48 E., to the SW corner of section 32; thence westerly along the north boundary of section 5, T. 34 N., R. 48 E., to the NW corner of section 5; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32 of T. 34 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 33 N., R. 48 E., to the SW corner of section 32; thence westerly along the north boundary of section 5, T. 32 N., R. 48 E., to the NW corner of section 5; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 32 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 31 N., R. 48 E., to the SW corner of section 32; thence easterly along the south boundary of section 32 to the NW corner of section 5, T. 30 N., R. 48 E.; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 30 N., R. 48 E., to the SW corner of section 32; thence easterly along the south boundary of section 32 to the NW corner of section 5, T. 29 N., R. 48 E.; thence southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 29 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 28 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 27 N., R. 48 E., to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 26 N., R. 48 E., to the SW corner of section 32; thence easterly along the south boundary of section 32 to the NW corner of section 4, T. 25 N., R. 48 E.; thence southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 25 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west line of sections 4, 9, 16, 21, 28 and 33, T. 24 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T.
κ1969 Statutes of Nevada, Page 657 (CHAPTER 387, AB 673)κ
28 and 33, T. 23 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 22 N., R. 48 E., to the SW corner of section 33; thence continuing southerly along the west boundary of sections 4, 9, 16, 21, 28 and 33, T. 21 N., R. 48 E., to the SW corner of section 33; thence westerly along the south boundary of section 32, T. 21 N., R. 48 E., to the N 1/4 corner of section 5, T. 20 N., R. 48 E.; thence southerly along the north-south 1/4 section line of sections 5, 8, 17, 20, 29 and 32, T. 20 N., R. 48 E., to the S 1/4 corner of section 32; thence continuing along the north-south 1/4 section line of sections 5, 8, 17, 20, 29 and 32, T. 19 N., R. 48 E., to the S 1/4 corner of section 32; thence continuing southerly along the north-south 1/4 section line of sections 5, 8, 17, 20, 29 and 32, T. 18 N., R. 48 E., to the S 1/4 corner of section 32; thence westerly along the south boundary of section 32 to the NW corner of section 5, T. 17 1/2 N., R. 48 E., (unsurveyed); thence southerly along the west boundary of sections 5 and 8, T. 17 1/2 N., R. 48 E., (unsurveyed), to the SW corner of section 8; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 17 N., R. 48 E. (unsurveyed), to the SW corner of section 32; thence continuing southerly along the west boundary of sections 5, 8, 17, 20, 29 and 32, T. 16 N., R. 48 E., to the SW corner of section 32; thence westerly along the south boundary of section 31, T. 16 N., R. 48 E., to the NW corner of section 5, T. 15 N., R. 48 E.; thence southerly along the west boundary of section 5 to its intersection with the Nye County line. All township and range references are to the Mount Diablo Base and Meridian.
Sec. 2. NRS 243.110 is hereby amended to read as follows:
243.110 The county of Eureka is hereby created, with the following boundaries: All that portion of the State of Nevada bounded and described as follows: Beginning at a point on the north boundary line of Lander County, equidistant between the northeast and northwest corners of Lander County; thence running [due south from the initial point] southerly along the line established in section 1 of this act to the south boundary line of Lander County; thence running east along the south boundary line of Lander County to the southeast corner of Lander County; thence running north along the east boundary line of Lander County to the northwest corner of White Pine County; thence running west along the south boundary line of Elko County to the southwest corner of Elko County; thence running along the west boundary line of Elko County to the northeast corner of Lander County; thence running west along the north boundary line of Lander County to the place of beginning.
Sec. 3. NRS 243.125, 243.135, 243.195 and 243.205 are hereby repealed.
________
κ1969 Statutes of Nevada, Page 658κ
Assembly Bill No. 634Messrs. Ashworth, Bowler, Bryan, Close, Reid, Wilson, Frank Young, Mrs. Tyson, Messrs. Lowman and Hilbrecht
CHAPTER 388
AN ACT relating to county fair and recreation boards in counties of 120,000 or more population; changing the composition of such boards; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.7802 is hereby amended to read as follows:
244.7802 1. The county fair and recreation board shall consist of [five] nine members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county.
(c) One member by the governing body of one of the other incorporated cities in the county.
(d) Four members to be appointed by the members selected pursuant to paragraphs (a), (b) and (c). Such members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. Such lists shall be composed of nominees respectively who are actively engaged in:
(1) The resort hotel industry.
(2) The motel industry.
(3) The finance industry.
(4) General business or commerce.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (c) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.
4. Members appointed pursuant to paragraph (d) of subsection 1 shall be appointed for a term of 2 years. Any such member may succeed himself.
________
κ1969 Statutes of Nevada, Page 659κ
Assembly Bill No. 585Committee on Health and Welfare
CHAPTER 389
AN ACT directing the conveyance of certain state land from the division of state lands of the state department of conservation and natural resources to the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register shall convey to the department of health, welfare and rehabilitation, State of Nevada, without consideration, that property owned by the State of Nevada and situated in Clark County, Nevada, described as follows:
Lots 29, 30, 31, 32, 40, 41, 42 and the SE 1/4 of the NE 1/4 of Section 2, T. 21 S., R. 60 E., M.D.B. & M., containing 78.58 acres, more or less.
Excepting and reserving therefrom, the following-described parcel of land, being a portion of the NE 1/4 of Section 2, T. 21 S., R. 60 E., M.D.B. & M.:
Commencing at the northeast corner of Section 2, T. 21 S., R. 60 E., M.D.B. & M.; thence S. 02°02′20″ E. along the east line of Section 2, a distance of 887.18 feet to the true point of beginning; thence continuing S. 02°02′20″ E. along the east line of Section 2, a distance of 452.55 feet; thence S. 87°57′40″ W., 50.00 feet to a point on the proposed westerly right-of-way line of Jones Blvd. (proposed 100 feet wide); thence continuing S. 87°57′40″ W., 173.55 feet; thence N. 30°02′20″ W., 350.48 feet; thence N. 59°57′40″ E., 230.61 feet to a point of curvature of a curve concave to the southeast and having a radius of 392.93 feet; thence northeasterly along such curve through a central angle of 10°10′00″, an arc length distance of 69.72 feet to a point of compound curvature of a curve concave to the southeast and having a radius of 200.00 feet and subtending a central angle of 25°42′30″; thence easterly along such curve an arc length distance of 89.74 feet to a radial point on the proposed curved westerly right-of-way line (having a radius of 350.00 feet) of Jones Blvd.; a radial bearing from such point on such curve bears S. 73°24′59″ E., thence N. 87°57′40″ E. a distance of 31.67 feet to the true point of beginning, containing 3.004 acres, more or less.
Further excepting and reserving therefrom the following-described parcel of land containing 0.263 acres, more or less, for future roadway and utility purposes:
Commencing at the most northeasterly corner of the last-described parcel of land; thence S. 87°57′40″ W. a distance of 31.67 feet to a point of intersection with the proposed curved westerly right-of-way line of Jones Blvd. (proposed 100 feet wide); such curve having a radius of 350.00 feet and being concave to the southeast; a radial bearing from such point bears S. 73°24′59″ E.; such point also being the true point of beginning; thence southerly along such curve through a central angle of 8°43′54″, an arc length distance of 53.34 feet to a radial point on such curve; thence from a tangent bearing N.
κ1969 Statutes of Nevada, Page 660 (CHAPTER 389, AB 585)κ
curve through a central angle of 8°43′54″, an arc length distance of 53.34 feet to a radial point on such curve; thence from a tangent bearing N. 7°51′07″ E., northerly along a curve concave to the southwest having a radius of 20.00 feet through a central angle of 101°57′45″, an arc length distance of 35.59 feet to a point of compound curvature of a curve concave to the southeast, having a radius of 170.00 feet; thence southwesterly along such curve through a central angle of 15°45′42″, an arc length distance of 46.77 feet to point of compound curvature of a curve concave to the southeast, having a radius of 362.93 feet; thence southwesterly along such curve through a central angle of 10°10′00″, an arc length distance of 64.40 feet to a point of tangency; thence S. 59°57′40″ W., 230.61 feet; thence N. 30°02′20″ W., 30.00 feet; thence N. 59°57′40″ E., 230.61 feet to a point of curvature of a curve concave to the southeast having a radius of 392.93 feet; thence northeasterly along such curve through a central angle of 10°10′00″, an arc length distance of 69.72 feet to a point of compound curvature of a curve concave to the south having a radius of 200.00 feet; thence easterly along such curve through a central angle of 25°42′30″, an arc length distance of 89.74 feet to the true point of beginning.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 569Committee on Government Affairs
CHAPTER 390
AN ACT relating to housing authorities; permitting such authorities to compensate their commissioners; providing a maximum compensation; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 315.070 is hereby amended to read as follows:
315.070 [No commissioner shall receive compensation for his services, but shall be] 1. A commissioner is entitled to necessary expenses, including travel expenses, incurred in the discharge of his duties.
2. A housing authority may provide, by resolution, that each commissioner is entitled to receive compensation of $20 for each meeting attended.
3. No commissioner may receive as compensation more than $40 in a calendar month.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 661κ
Assembly Bill No. 516Committee on Health and Welfare
CHAPTER 391
AN ACT relating to group care facilities; establishing methods for making assistance payments; defining terms; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 431.010 is hereby amended to read as follows:
431.010 As used in this chapter:
1. Group care facility means an establishment maintained for the purpose of:
(a) Furnishing food and shelter, in single or multiple facilities, to four or more aged, infirm or handicapped adult persons unrelated to the proprietor; or
(b) Furnishing, either during pregnancy or after delivery, food and shelter in single or multiple facilities, commonly known as maternity homes, to two or more females unrelated to the operator; and
(c) Providing personal care or services which meet some need, other than nursing care, beyond basic needs of food, shelter and laundry.
2. Intermediate care facility means an adult group care facility that meets the safety and sanitation requirements of nursing homes licensed by the State of Nevada, and provides a higher level of personal care and health supervision plus 24-hour awake supervision for 10 or more ambulatory or semiambulatory adult individuals.
3. Person means any individual, firm, partnership, corporation, company or association and the legal successor thereof.
4. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
Sec. 2. Chapter 431 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. 1. Prior to the fifth day of each month, the licensee of each group care facility shall notify the welfare division of the names of the state welfare recipients who are residents of the group care facility.
2. Any assistance payments made by the welfare division for the food and shelter of a resident of a group care facility may be made on a monthly basis to the licensee of such group care facility in trust for that resident.
3. If a resident of a group care facility changes residence or dies, the licensee of the facility shall repay to the welfare division that portion of the monthly assistance payment which was made for the food and shelter of the resident but which was in excess of the pro rata portion of food and shelter provided by the licensee to the resident during the month.
4. Any assistance payments made by the welfare division for the personal needs of a resident of a group care facility shall be made directly to the resident or to his authorized agent or representative.
Sec. 4. 1. The welfare division shall arrange for transportation to a group care facility of any state welfare recipient who has been assigned to such group care facility.
κ1969 Statutes of Nevada, Page 662 (CHAPTER 391, AB 516)κ
2. If any state welfare recipient who is a resident of a group care facility moves out of such facility, the welfare division shall remove any personal belongings left by the recipient in the facility and dispose of them in accordance with procedures adopted by the state welfare board. If the welfare division does not remove such belongings within 30 days, the licensee may sell or otherwise dispose of such belongings.
Sec. 5. The welfare division shall make an agreement with each individual adult group care facility specifying the rate of payment and describing the personal care and health supervision to be provided the recipient.
Sec. 6. NRS 449.020 is hereby amended to read as follows:
449.020 As used in NRS 449.020 to 449.240, inclusive, hospital:
1. Means any institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness, including convalescence, and including medical care during and after pregnancy, to which a person may be admitted for overnight stay or longer.
2. Includes any sanitarium [, rest home and nursing home.] and rest home.
________
Assembly Bill No. 387Messrs. Getto, Howard, Glaser, Jacobsen, Dini, Lowman, Homer, Hilbrecht, Kean, Tim Hafen, Frank Young, Bryan Hafen, Swackhamer, Ashworth, Bowler, May, Fry, Mrs. Tyson, Messrs. Prince, Swallow, Espinoza, Mrs. Brookman, Messrs. Bryan, Viani, Mrs. Frazzini, Miss Foote and Mr. Wood
CHAPTER 392
AN ACT relating to the personal property tax; including livestock within the personal property tax exemption while they are in transit; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.160 is hereby amended to read as follows:
361.160 1. Personal property in transit through this state is personal property: [, goods, wares and merchandise:]
(a) Which is moving in interstate commerce through or over the territory of the State of Nevada; or
(b) Which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward.
Such property is deemed to have acquired no situs in Nevada for purposes of taxation. Such property shall not be deprived of exemption because while in the warehouse the property is assembled, bound, joined, manufactured, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged, or because the property is being held for resale to customers outside the State of Nevada. The exemption granted shall be liberally construed to effect the purposes of NRS 361.160 to 361.185, inclusive.
κ1969 Statutes of Nevada, Page 663 (CHAPTER 392, AB 387)κ
2. Personal property within this state as mentioned in NRS 361.030 and NRS 361.045 to 361.155, inclusive, shall not include personal property in transit through this state as defined in this section.
Sec. 2. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 361.160 to 361.185, inclusive:
1. Processed includes feeding, watering and caring for livestock, and slaughtering of livestock.
2. Warehouse includes any enclosed area in which livestock are fed, watered and cared for or in which other personal property is stored.
For the purpose of this section, the feeding, watering and caring for livestock may be for warming up or finishing but is not restricted to those purposes, but does not include grazing or ranging.
Sec. 3. NRS 571.035 is hereby amended to read as follows:
571.035 1. At the completion of each annual assessment [,] and its equalization, the county assessor of each county shall prepare [from the assessment book of such year, as corrected by the board of county commissioners,] a statement showing the total number of stock cattle, milk cows, bulls, horses, mules, burros, asses, stallions, jacks, hogs, pigs, goats and poultry assessed, or exempted from taxation pursuant to NRS 361.160, in such county and the ownership and location of the same, and shall forward the statement to the department.
2. The department shall fix an annual special tax on each head of the following specified classes of livestock, and not exceeding the following rates per head for each class:
Class Rate per head
Stock cattle.............................................................................................. $0.28
Milk cows ............................................................................................... .53
Bulls......................................................................................................... .75
Horses...................................................................................................... .36
Mules....................................................................................................... .36
Burros or asses....................................................................................... .07
Stallions................................................................................................... .75
Jacks......................................................................................................... .75
Hogs......................................................................................................... .07
Pigs........................................................................................................... .035
Goats........................................................................................................ .06
Poultry..................................................................................................... .003
3. The department shall send notice of the special tax on each head of the specified classes of livestock to the board of county commissioners of each county prior to the annual levy of taxes by the board, and, when so notified, the board shall, at the time of the annual levy of taxes, levy the special taxes fixed by the department.
4. The special taxes shall be collected as other taxes, and transmitted to the state treasurer, who shall deposit the taxes in the livestock inspection fund.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 664κ
Assembly Bill No. 299Mr. Jacobsen
CHAPTER 393
AN ACT relating to property of certain deceased persons; providing for the disposition thereof by county treasurers; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 259.010 is hereby amended to read as follows:
259.010 1. Every township in this state is hereby made a coroners district, except [that the provisions of this chapter shall not apply in any case] in any county where a coroner is appointed pursuant to the provisions of NRS 244.163.
2. The provisions of this chapter, except NRS 259.150 to 259.180, inclusive, do not apply to any county where a coroner is appointed pursuant to the provisions of NRS 244.163.
Sec. 2. NRS 259.160 is hereby amended to read as follows:
259.160 1. Upon payment of money into the county treasurers office in such case, he shall place it to the credit of the county. [If it be property, he shall proceed upon reasonable notice to sell the same at public sale, and place the proceeds to the credit of the county.] Upon the delivery of property, he shall:
(a) Deliver such property to the public administrator for disposition according to law; or
(b) Give written notice to the public administrator of his intention to sell such property at public sale.
2. If within 10 days after the giving of notice pursuant to paragraph (b) of subsection 1, the public administrator claims the property for disposition, the county treasurer shall deliver it to him.
3. If the public administrator does not claim the property as provided in subsection 1, the county treasurer may, after giving notice by posting at the courthouse for at least 10 days, sell the property at public sale and place the proceeds to the credit of the county.
Sec. 3. NRS 259.170 is hereby amended to read as follows:
259.170 If the money [be] or the proceeds from the sale of property are demanded within 6 years, the county treasurer shall pay the same to the person legally authorized to receive it, but the same may be paid at any subsequent time to the representatives of the deceased upon an order from the tribunal invested with the power to allow claims against the county.
Sec. 4. NRS 259.180 is hereby amended to read as follows:
259.180 After the inquest, if no one take charge of the body, the justice of the peace shall cause the same to be decently buried. [and pay the expense thereof from any money found with the deceased. If no such money is found, then the same shall be charged against the county.] The expenses of the burial shall be paid from the money deposited with the county treasurer or the estate of the deceased, as the case may be. If the deceased has no money or estate, or the money or estate of the deceased is insufficient to bear the entire cost of burial, the county in which the deceased is buried shall bear the cost of the burial in excess of any money or estate available.
κ1969 Statutes of Nevada, Page 665 (CHAPTER 393, AB 299)κ
deceased is buried shall bear the cost of the burial in excess of any money or estate available.
Sec. 5. NRS 244.163 is hereby amended to read as follows:
244.163 1. The boards of county commissioners shall have the power and jurisdiction in their respective counties to create by ordinance the office of county coroner, to prescribe his qualifications and duties and to make appointments to such office.
2. Any coroner so appointed shall be governed [exclusively] by the ordinances pertaining to such office which may be enacted by the board of county commissioners, and the provisions of [chapter 259 of NRS] NRS 259.020 to 259.140, inclusive, and 259.190 to 259.240, inclusive, shall not be applicable.
3. For any offense relating to the violation or willful disregard of such duties or trusts of office as may be specified by the respective boards of county commissioners, all coroners holding office by appointment pursuant to this section shall be subject to such fines and criminal penalties, including misdemeanor penalties and removal from office by indictment, accusation or otherwise, as shall be prescribed by the aforesaid ordinance. This subsection shall apply to all deputies, agents, employees and other persons employed by or exercising the powers and functions of the coroner.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 279Committee on Government Affairs (By request)
CHAPTER 394
AN ACT authorizing the sale of certain real property; making an appropriation to defray the cost of selling the property; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register is hereby authorized and directed to sell for cash, at not less than the appraised value plus the costs of sale, the following described parcel of real property, including any improvements thereon, belonging to the State of Nevada, situated and lying in Washoe County, Nevada:
Beginning at the section corner common to Sections 5, 6, 7 and 8, T. 19 N., R. 20 E., M.D.B. & M.; thence S. 0°41′08″ W., along the eastern boundary of the property owned by the State of Nevada a distance of 195.07 feet to a point in the northern right-of-way line for Nevada Interstate Route 80; thence N. 88°56′45″ W., along such right-of-way line a distance of 166.63 feet to a point; thence N. 80°24′30″ W., continuing along such right-of-way line a distance of 540.74 feet to an intersection with the western boundary of the property owned by the State of Nevada; thence N. 0°20′57″
κ1969 Statutes of Nevada, Page 666 (CHAPTER 394, AB 279)κ
E., along such western boundary a distance of 106.17 feet to the northwest corner of such property; thence S. 89°39′03″ E., along the northern boundary of such property a distance of 701.48 feet to the point of beginning, containing 2.577 acres, more or less.
Sec. 2. Before offering such property for sale, the state land register shall have the property appraised by not less than two independent appraisers.
Sec. 3. After receipt of the reports of the two appraisers, the state land register shall cause a notice of intention to sell the described property to be published once a week for 3 consecutive weeks in a newspaper of general circulation published in Washoe County, Nevada.
Sec. 4. The sale of such property shall be made to the highest responsible bidder at public auction at not less than the average of the two appraisals plus the costs of the sale. The state land register shall deposit the net proceeds received from the sale of such property in the general fund in the state treasury.
Sec. 5. The state land register is authorized to execute all necessary documents to effectuate the sale of the described property, which documents shall be approved by the attorney general before they become effective.
Sec. 6. There is hereby appropriated from the general fund in the state treasury to the state land office the sum of $2,000 to be expended by the state land register to defray the costs of the sale of the property described in section 1 of this act, any remainder of which sum shall be returned to the general fund after the sale of such property in accordance with sections 1 to 5, inclusive, of this act.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 166Mrs. Tyson
CHAPTER 395
AN ACT directing the state land register to convey certain state land from the division of state lands of the state department of conservation and natural resources to the buildings and grounds division of the department of administration; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state land register shall convey to the buildings and grounds division of the department of administration, without consideration, that property owned by the State of Nevada, situated in Clark County, Nevada, described as follows:
The N 1/2 of the SW 1/4 of the SE 1/4 of the SW 1/4, the S 1/2 of the NW 1/4 of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SW 1/4 of the SE 1/4 of the SW 1/4 of Section 1, T.
κ1969 Statutes of Nevada, Page 667 (CHAPTER 395, AB 166)κ
the SE 1/4 of the SW 1/4 of Section 1, T. 21 S., R. 61 E., M.D.B. & M., containing 12.5 acres, more or less.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 53Mr. McKissick
CHAPTER 396
AN ACT to amend NRS 18.010, relating to compensation of attorneys in civil actions, by basing the allowance of attorneys fees to the plaintiff upon the amount recovered; and authorizing the court to allow attorneys fees to counterclaimants and defendants under certain circumstances.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding, including:
(a) Clerks fees.
(b) Costs of depositions obtained by the prevailing party and used by him at the trial.
(c) Jury fees as provided in NRS 6.150.
(d) Witness fees of witnesses as provided in NRS 48.290.
2. The court may allow to the prevailing party the fees of expert witnesses in an amount not to exceed $250.
3. The court may make an allowance of attorneys fees to:
(a) The plaintiff as prevailing party when the plaintiff has not [sought recovery in excess of] recovered more than $10,000; or
(b) The [defendant] counterclaimant as prevailing party when [the defendant] he has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 668κ
Assembly Bill No. 91Mr. Homer
CHAPTER 397
AN ACT relating to nursing home administrators; providing for their licensure; creating a state board of examiners for such administrators; prescribing its duties and powers; providing for fees; providing penalties; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in sections 3 to 5, inclusive, of this act.
Sec. 3. Board means the Nevada state board of examiners for nursing home administrators.
Sec. 4. 1. Nursing home means any proprietary or nonprofit institution or facility defined as a nursing home for licensing purposes by Nevada Revised Statutes or rules and regulations adopted by the health division of the department of health, welfare and rehabilitation, which is maintained and operated primarily to provide convalescent or long-term nursing care to one or more ill persons.
2. Nursing home does not include any place providing care and treatment primarily for the acutely ill.
Sec. 5. Nursing home administrator means a person who manages, supervises and is in general administrative charge of a nursing home.
Sec. 6. There is hereby created within the health division of the department of health, welfare and rehabilitation the Nevada state board of examiners for nursing home administrators.
Sec. 7. The board shall be composed of:
1. The director of the department of health, welfare and rehabilitation or his designee; and
2. Four members appointed by the governor. Three of the appointed members shall be nursing home administrators and the fourth appointed member shall be an administrator of a general hospital or a member of the medical profession or para-medical professions.
Sec. 8. 1. The term of the director of the department of health, welfare and rehabilitation shall be coincident with the term of his office.
2. The first appointed members of the board shall be appointed for the following terms:
(a) One member shall be appointed for a term of 1 year.
(b) One member shall be appointed for a term of 2 years.
(c) Two members shall be appointed for terms of 3 years.
3. After the expiration of the terms designated in subsection 2, the terms of all appointive members shall be 3 years.
Sec. 9. 1. The governor may remove any appointed member of the board for misconduct in office, incompetency, neglect of duty or other good cause.
κ1969 Statutes of Nevada, Page 669 (CHAPTER 397, AB 91)κ
2. A vacancy occurring in the office of an appointive member of the board shall, as appropriate, be filled by the governor for the unexpired portion of the term or for a new term.
Sec. 10. 1. Immediately after the first board is appointed, the members of the board shall meet and elect from their membership a chairman, vice chairman and a secretary.
2. Thereafter, a chairman and vice chairman shall be elected annually.
3. The secretary of the board shall serve as secretary at the pleasure of the board.
Sec. 11. 1. The board shall hold at least one regular annual meeting and may meet at such other times as a meeting may be called by the chairman or a majority of the membership.
2. Three members of the board shall constitute a quorum for the transaction of business.
3. Each member of the board is entitled to receive per diem and travel expenses in accordance with rules adopted by the board not to exceed the amount provided by law for state employees.
Sec. 12. 1. The board shall:
(a) Develop, impose and enforce standards which must be met by individuals in order to receive licenses as nursing home administrators. Such standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators.
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.
(c) Issue licenses to individuals determined, after the application of such techniques, to meet such standards.
(d) Revoke or suspend licenses previously issued by the board in any case when the individual holding such license is determined substantially to have failed to conform to the requirements of such standards.
(e) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period they serve as such, comply with the requirements of such standards.
(f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards.
(g) Conduct a continuing study in investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.
(h) Conduct a program of training and instruction designed to enable all individuals to obtain the qualifications necessary to meet the standards set by the board for qualification as a nursing home administrator.
2. All the records kept by the board, not otherwise privileged, shall be public records.
κ1969 Statutes of Nevada, Page 670 (CHAPTER 397, AB 91)κ
Sec. 13. 1. The secretary of the board shall receive and account for all moneys paid to the board under this chapter. The secretary shall transmit such moneys to the state treasurer, who shall keep them in a separate fund account to be designated as the Nevada state board of examiners for nursing home administrators fund account.
2. All moneys received by the board under this chapter shall be used to:
(a) Pay the per diem and travel expenses of the board.
(b) Administer the provisions of this chapter.
3. Any moneys which remain at the end of the fiscal year shall be retained by the board for future disbursement for the purposes enumerated in subsection 2.
Sec. 14. The board shall:
1. Maintain a register of all applications for licensure as a nursing home administrator showing:
(a) The name, age and place of residence of the applicant.
(b) The name and address of the nursing home of which the applicant is to be administrator.
(c) The date of the application.
(d) The date on which the application was reviewed and the action taken on the application.
(e) The serial number of the license, if any, issued to the applicant.
(f) Such other information as the board may deem pertinent.
2. Maintain a current register of all nursing home administrators licensed under this chapter showing the status of such license.
Sec. 15. 1. The board shall prescribe and furnish an application form for the use of all persons who desire to be licensed under this chapter.
2. All applications filed with the board must be accompanied by the required fee, which fee shall be fixed by the board in an amount not to exceed $100.
3. The board may fix and charge an additional fee to cover the cost of administering the examinations if the board determines that there are not sufficient other funds to cover such costs.
Sec. 16. 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 nursing home.
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 nursing home;
(b) The laws governing the operation of nursing homes and the protection of the patients interests; and
(c) The elements of good nursing home 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 nursing home.
3. Pass an examination conducted and prescribed by the board under the provisions of this chapter.
κ1969 Statutes of Nevada, Page 671 (CHAPTER 397, AB 91)κ
4. Meet such other standards and qualifications as the board may from time to time adopt within the purposes of this chapter.
Sec. 17. Every person who is acting in the capacity of a nursing home administrator on July 1, 1969, may qualify for licensure as a nursing home administrator, without examination, if he meets the other requirements and standards of section 16 of this act.
Sec. 18. 1. The board shall issue a numbered license, in such form as it may prescribe, to each applicant who meets the requirements of section 16 of this act and shall affix its official seal to such license.
2. Each license issued by the board under this chapter shall expire on December 31 of the year following the year of its issuance and shall be renewed biennially.
3. Any licensed nursing home administrator may renew his license by applying for such renewal in the manner prescribed by the board and paying the renewal fee fixed by the board.
Sec. 19. The board may issue a nursing home administrators license, without examination, to any applicant who holds a current license as a nursing home administrator from another jurisdiction, if the board finds that the standards for licensure in the other jurisdiction are the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified.
Sec. 20. 1. The board may, after notice and hearing, suspend or revoke the license of any nursing home administrator for any of the following:
(a) The conviction of a felony, or of any offense involving moral turpitude.
(b) Obtaining a license by the use of fraud or deceit.
(c) The violation of any of the provisions of this chapter.
(d) Aiding or abetting any person in the violation of any of the provisions of NRS 449.020 to 449.240, inclusive, as such provisions pertain to nursing homes.
(e) The violation of any rule or regulation of the board prescribing additional standards of conduct for nursing home administrators.
2. The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days prior to the date of such hearing.
3. Hearings for the suspension or revocation of a license issued under this chapter shall be governed by the Nevada Administrative Procedure Act.
Sec. 21. Any person who acts in the capacity of a nursing home administrator and does not have a current valid license issued under the provisions of this chapter is guilty of a misdemeanor.
Sec. 22. 1. The provisions of this chapter do not apply to any institution conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of such church or denomination.
2. Notwithstanding the provisions of section 21 of this act, no license is required of any individual responsible for the planning, organizing, directing and controlling of such institutions.
κ1969 Statutes of Nevada, Page 672 (CHAPTER 397, AB 91)κ
Sec. 23. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A nursing home licensed pursuant to the provisions of NRS 449.020 to 449.240, inclusive, shall not operate except under the supervision of a nursing home administrator licensed under the provisions of sections 2 to 22, inclusive, of this act.
________
Assembly Bill No. 191Mr. Jacobsen
CHAPTER 398
AN ACT relating to the Nevada state museum; providing for salary and position adjustments of certain employees; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 381.120 is hereby amended to read as follows:
381.120 1. The board of trustees [shall have the power to] may employ and fix the duties, powers [, compensations] and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
2. The trustees may employ any of their members in a staff or other position.
3. [The staff of the Nevada state museum shall be in the unclassified service of the state, but the custodial, clerical and maintenance employees of the museum shall be in the classified service. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in NRS 281.115.] Except for the director and two assistants specified by the board of trustees, all employees of the Nevada state museum whose salaries are paid from the general fund appropriation shall be in the classified service of the state. The director shall receive an annual salary in the amount specified in NRS 281.115. The board of trustees may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.
4. When any [such] employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense in accordance with the provisions of NRS 281.160.
________
κ1969 Statutes of Nevada, Page 673κ
Assembly Bill No. 264Committee on Transportation
CHAPTER 399
AN ACT relating to power cycles; changing the definition of a power cycle; requiring manufacturers of power cycles to present an affidavit that cycles offered for sale to certain-aged minors come within the limits of the definition; providing penalties; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 486.020 is hereby amended to read as follows:
486.020 As used in this chapter, power cycle [includes:
1. Every motor scooter and bicycle with motor attached, which weighs not to exceed 400 pounds avoirdupois, fully equipped, including a muffler, but without gasoline or oil, and propelled by a motor or engine not to exceed 6 1/2 horsepower, designed to travel on not more than two wheels in contact with the ground at a maximum speed of not to exceed 35 miles per hour.
2. Every tricycle or other motor vehicle, except a tractor, which weighs not to exceed 700 pounds avoirdupois, fully equipped, including a muffler, but without gasoline or oil, and propelled by a motor or engine developing not to exceed 6 1/2 horsepower, designed to travel on not more than three wheels in contact with the ground at a maximum speed not to exceed 35 miles per hour.] means every motor vehicle equipped with a seat or saddle for the use of the driver designed to travel on not more than three wheels in contact with the ground and propelled by a motor of 70 cc. displacement or less which produces 6 1/2 horsepower or less.
Sec. 2. Chapter 486 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person may offer a power cycle for sale within this state to persons 14 or 15 years of age unless the manufacturer has submitted to the department an affidavit setting forth:
2. The state, jurisdiction or county of manufacture.
3. The name of the manufacturer and the title of the affiant.
4. The fact that all power cycles listed in the affidavit are fitted with a motor of 70 cc. displacement or less which produces 6 1/2 brake horsepower or less, measured at the rear wheel at sea level.
5. The name under which the vehicles are sold, the engine model numbers, the series numbers and the actual brake horsepower at the rear wheel under full throttle at maximum RPMs as measured by a dynamometer test.
6. The fact that the motors were not originally motors capable of generating more than 6 1/2 brake horsepower.
7. That the manufacturer will furnish specifications or engineering data related to such power cycles to the department upon demand and without cost.
________
κ1969 Statutes of Nevada, Page 674κ
Assembly Bill No. 267Committee on Transportation
CHAPTER 400
AN ACT relating to motor vehicle dealers; protecting such dealers from unfair trade practices of motor vehicle manufacturers and their agents; providing penalties; providing certain remedies; and providing other matters properly relating thereto
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. No motor vehicle manufacturer, wholesaler, distributor, factory branch or representative thereof may induce by means of coercion, intimidation or discrimination any dealer to:
1. Order or accept delivery of any motor vehicle, parts or accessories therefor, or any other commodity which was not voluntarily ordered by such dealer.
2. Order or accept delivery of any motor vehicle with special features, appliances, accessories or equipment not included in the list price of such vehicle as publicly advertised by the manufacturer thereof.
3. Order from any person any parts, accessories, equipment, machinery, tools, appliances or other commodity.
Sec. 3. No motor vehicle manufacturer, wholesaler, distributor, factory branch or representative thereof may:
1. Cancel or fail to renew the franchise of any dealer without fairly compensating such dealer at a fair going business value for the capital investment of such dealer 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 such dealer on the day the cancellation or nonrenewal is effective.
3. For the purposes of this section, good faith is the duty of each party to a franchise to act in a fair and equitable manner toward each other, in order to guarantee one party freedom from coercion, intimidation or threats of coercion or intimidation from the other party; but recommendation, endorsement, exposition, persuasion, urging or argument shall not be deemed to constitute a lack of good faith.
Sec. 4. No motor vehicle manufacturer, wholesaler, distributor, factory branch or representative thereof may:
1. Encourage, aid or abet a dealer to sell motor vehicles through any false, deceptive or misleading sales or financing practice.
2. Refuse to deliver to a dealer having a franchise with such manufacturer, wholesaler or branch, within 60 days after an order of such dealer has been received in writing unless inability to deliver is caused by shortage or curtailment of material, labor, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the motor vehicle manufacturer.
κ1969 Statutes of Nevada, Page 675 (CHAPTER 400, AB 267)κ
services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the motor vehicle manufacturer.
3. Induce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, promotion activity or scheme, or method of implementing the sale of motor vehicles.
4. Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any motor vehicle which is being sold under franchise, when such advertisement, display or promotion works to the detriment, embarrassment or financial disadvantage of such dealer, unless such dealer has agreed thereto in writing.
Sec. 5. Any person who is injured in his business or property by a violation of any provision in sections 2 to 8, inclusive, of this act, or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of sections 2 to 8, inclusive, of this act, may bring a civil action in the district court in which the dealers place of business is located to enjoin further violations and to recover the actual damages sustained by him together with the costs of the suit, including a reasonable attorneys fee.
Sec. 6. 1. The director shall revoke or refuse to issue a dealers license for a franchise replacing a canceled or terminated franchise if a civil action pursuant to section 5 of this act is pending and was filed within 60 days following the written notification of the cancellation or nonrenewal of an existing franchise and a certified copy of such complaint alleging the date of such notification is filed with the department within 60 days by the complaining dealer.
2. The court in which such action was filed may, however, in order to maintain adequate and competitive service in the area or upon a showing of good cause by the manufacturer, distributor or factory branch order the director to issue such dealers license if the dealer complies with the provisions of chapter 482 of NRS pertaining to licensing of vehicle dealers.
Sec. 7. 1. Upon the filing of a complaint pursuant to section 5 of this act by a complaining dealer within 60 days following the written notification of the cancellation or nonrenewal of the existing franchise, any canceled or nonrenewed franchise of the complaining dealer shall stay in full force and effect until the complaint has been expeditiously disposed of, unless the court, pursuant to section 6 of this act, has ordered the director to issue a dealers license to a new franchisee.
2. If the new franchise is given by a manufacturer, distributor or factory branch for the sale of the same make of vehicle in the same area of responsibility as that covered in the canceled or terminated franchise, such act shall be prima facie evidence that the new franchise replaced the canceled or terminated franchise.
Sec. 8. Nothing in sections 2 to 8, inclusive, of this act shall be construed to impair the obligations of a contract or to prevent a manufacturer, distributor, representative or any other person, whether or not licensed under sections 2 to 8, inclusive, of this act, from requiring performance of a written contract entered into with any licensee under sections 2 to 8, inclusive, of this act, nor shall the requirement of such performance constitute a violation of any of the provisions of sections 2 to 8, inclusive, of this act; but any such contract, or the terms thereof, requiring performance, shall have been freely entered into and executed between the contracting parties.
κ1969 Statutes of Nevada, Page 676 (CHAPTER 400, AB 267)κ
performance constitute a violation of any of the provisions of sections 2 to 8, inclusive, of this act; but any such contract, or the terms thereof, requiring performance, shall have been freely entered into and executed between the contracting parties.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 599Washoe-Storey Counties Districts Delegation
CHAPTER 401
AN ACT relating to counties; amending procedures for selling and purchasing real property; permitting a county to initiate county road realignments; permitting counties to establish departments of public works; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The boards of county commissioners of each of the counties of the state may create a department of public works devoted primarily to buildings and grounds facilities, engineering, buildings and safety, waterworks, sewers, sewage, garbage and refuse disposal facilities, public sanitary facilities, works for the treatment and purification of water, recreational facilities and streets and access roads.
2. The county commissioners may appoint a director of public works and may provide for the appointment of such other employees as are necessary to carry out the functions of the department.
Sec. 2. NRS 244.275 is hereby amended to read as follows:
244.275 1. The board of county commissioners shall have power and jurisdiction in their respective counties:
(a) To purchase any real or personal property necessary for the use of the county.
(b) To lease any real or personal property necessary for the use of the county. The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.
2. No purchase of real property shall be made unless the value of the same [be] has been previously appraised and fixed by [three disinterested persons] one or more competent real estate appraisers to be appointed for that purpose by the [district judge. The persons] county commissioners. The person or persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability. Purchases of real property from other federal, state or local governments are exempt from such requirement of appraisement.
3. Where a county has selected the cash basis of accounting pursuant to NRS 354.622, the board of county commissioners may enter into secured transactions or contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.
κ1969 Statutes of Nevada, Page 677 (CHAPTER 401, AB 599)κ
secured transactions or contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.
Sec. 3. NRS 244.276 is hereby amended to read as follows:
244.276 1. Any county may buy, sell or exchange property, when deemed necessary or proper to realign, change, vacate or otherwise adjust any of the streets, alleys, avenues or other thoroughfares, or portions thereof, within its limits in the manner set forth in subsection 2.
2. Whenever a petition signed by all property holders owning or controlling property abutting on any street, avenue, alley or other thoroughfare, which may be affected by realignment, change, vacation or adjustment, is presented to any board of county commissioners, praying to have such street, alley, avenue or other thoroughfare realigned, changed, vacated or otherwise adjusted, or upon the resolution of the board of county commissioners, the board of county commissioners may make such realignment, change, vacation or other adjustment as it may deem proper, by purchase, sale, proceedings in eminent domain or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, in order to carry out any necessary realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 637Committee on Elections
CHAPTER 402
AN ACT relating to incorporated cities; conforming election dates; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.629 is hereby amended to read as follows:
266.629 1. A general city election shall be held in each city of the third class on the 1st Tuesday after the 1st Monday in [May] June of the first odd-numbered year after incorporation, and on the same day either every 2 years or every 4 years thereafter as determined by ordinance, at which shall be elected one mayor and three councilmen.
2. A candidate for any office to be voted for at the general city election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance.
3. Candidates for mayor shall be voted upon by the electors of the city at large.
κ1969 Statutes of Nevada, Page 678 (CHAPTER 402, AB 637)κ
city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of this chapter.
Sec. 2. NRS 267.110 is hereby amended to read as follows:
267.110 1. Any city having adopted a charter under the provisions of this chapter shall have, under the charter:
(a) All of the powers enumerated in the general laws of the state for the incorporation of cities.
(b) Such other powers necessary and not in conflict with the constitution and laws of the State of Nevada to carry out the commission form of government.
2. The charter, when submitted, shall:
(a) Fix the number of commissioners, their terms of office, and their duties and compensation.
(b) Provide for all necessary appointive and elective officers for the form of government therein provided, and fix their salaries and emoluments, their duties and powers.
(c) Fix, in accordance with the provisions of NRS 266.623 and 266.626 or with the provisions of NRS 266.629, the time for the first and subsequent elections for all elective officers, and, after such first election and the qualification of the officers thereat elected, the old officers, and all boards or officers shall be abolished, together with the emoluments thereof, and shall cease to exist.
3. If this form of government shall be adopted by any unincorporated town or unincorporated area, the board of county commissioners shall fix the boundaries of the new city in accordance with the petition therefor, and shall, by resolution, declare such city duly incorporated under the provisions of this chapter.
Sec. 3. Section 7 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 401, is hereby amended to read as follows:
Section 7. Officers, Election of: Election, When and How Held. On the first Tuesday after the first Monday in [May 1957,] June 1973, and at each successive interval of four years, there shall be elected by the qualified voters of the City of Caliente, at a general election to be held for that purpose a mayor, in and for said city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. [At said election on the first Tuesday after the first Monday in May 1957, there shall be elected by the qualified voters of the said city three councilmen being composed of the one from each ward who receives the greatest number of votes at said election, provided that of these three so elected the one receiving the largest popular vote shall hold office for four years, and the other two shall hold office for two years, thus giving the city a mayor and one councilman with a four-year term, and two councilmen with a two-year term.] On the first Tuesday after the first Monday in [May 1959,] June 1971, and each successive interval of [two] four years thereafter, there shall be elected, by the qualified voters of said city, one councilman who shall hold office for four years [and one councilman who shall hold office for two years and until their successors] and until his successor shall have been elected and qualified. At the election on the first Tuesday after the first Monday in [May 1959,] June 1973, and every four years thereafter, there shall be two councilmen elected [, as aforesaid, and of these two the one receiving the largest popular vote shall be elected for the four-year term and the other one for the two-year term.
κ1969 Statutes of Nevada, Page 679 (CHAPTER 402, AB 637)κ
first Tuesday after the first Monday in [May 1959,] June 1973, and every four years thereafter, there shall be two councilmen elected [, as aforesaid, and of these two the one receiving the largest popular vote shall be elected for the four-year term and the other one for the two-year term. In the event of a tie the results shall be determined by lot.] for terms of four years. The city council of said city shall order the general election, and shall determine the place in said city for the holding of the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of said city election in said city, the council of the City of Caliente shall have the power to provide for such deficiency.
Sec. 4. (Deleted by amendment.)
Sec. 5. (Deleted by amendment.)
Sec. 6. (Deleted by amendment.)
Sec. 7. Section 3 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1095, is hereby amended to read as follows:
Section 3. Officers, Election of-Election, When and How Held-Supervisors.
1. The incumbent mayor and supervisors of the city of Elko shall hold office after the effective date of this charter for the remainder of the terms to which they were respectively elected.
2. On the first Tuesday after the first Monday in [May 1967,] June 1971, and at each successive interval of four years thereafter there shall be elected at large by the qualified voters of the city of Elko at a general election to be held for that purpose a mayor in and for said city who shall hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in [May 1967,] June 1973, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of said city two supervisors who shall hold office for four years and until their successors shall have been elected and qualified. The board of supervisors of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of said city election then the board of supervisors of said city of Elko shall have the power to provide for such deficiency.
Sec. 8. Section 7 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 664, is hereby amended to read as follows:
Section 7. Officers, Election of-Election, When and How Held-Councilmen. At the election as above provided for and on the first Tuesday after the first Monday in [May 1957,] June 1971, and at each successive interval of 2 years thereafter, there shall be elected at large by the qualified resident voters of the city of Gabbs, at a general election to be held for that purpose, a mayor and three councilmen.
κ1969 Statutes of Nevada, Page 680 (CHAPTER 402, AB 637)κ
by the qualified resident voters of the city of Gabbs, at a general election to be held for that purpose, a mayor and three councilmen. The mayor shall hold office for a period of 2 years, one councilman for a period of 4 years, and two councilmen for a period of 2 years and until their successors shall have been elected and qualified. The [councilman-elect having received the largest number of votes cast in the 1955 election shall hold office for the first period of 4 years, and thereafter the] 4-year term of councilman shall alternate ward to ward. The board of councilmen of the city shall order the general election and shall determine the place in the city for holding the same, and the mayor of the city shall make proclamation thereof, and otherwise the election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of the city election, then the board of councilmen of the city of Gabbs shall have the power to provide for such deficiency.
Sec. 9. Section 7.5 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, as added by chapter 221, Statutes of Nevada 1957, at page 311, is hereby amended to read as follows:
Section 7.5. Any qualified resident voter of the city of Gabbs who shall have voted at the last previous general municipal election shall not be required to register in order to be entitled to vote at the next succeeding general election of the city of Gabbs. Registration of voters for each general municipal election shall close on [April] May 1 next preceding such election.
Sec. 10. Section 3 of chapter II of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 400, Statutes of Nevada 1967, at page 1078, is hereby amended to read as follows:
Section 3. Officers, Election of; Election, When and How Held; Councilmen. The elective officers of the city of North Las Vegas, consisting of the mayor, four councilmen and the municipal court judge, elected or appointed prior to [March 28, 1957,] the effective date of this act, shall go out of office and their terms shall expire on the Tuesday after the election to he held on the first Tuesday after the first Monday in [May, 1957,] June 1973, it being the intention to require the election of all elective officers in the manner hereinafter provided at the election to be held in [May, 1957,] June 1973, notwithstanding the fact that such elective officers may have been elected or appointed to fill unexpired terms for periods of time extending beyond the Tuesday after the election to be held on the first Tuesday after the first Monday in [May, 1957,] June 1973. On the first Tuesday after the first Monday in [May, 1957,] June 1973, and at each successive interval of four years, there shall be elected by the qualified voters of the city of North Las Vegas, at a general election to be held for that purpose, a mayor, in and for the city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At the election on the first Tuesday after the first Monday in [May, 1957,] June 1973, there shall be elected by the qualified voters of the city, [four] two councilmen who have received the largest number of votes cast in the city at such election.
κ1969 Statutes of Nevada, Page 681 (CHAPTER 402, AB 637)κ
largest number of votes cast in the city at such election. [; provided, however, that the two councilmen receiving the greatest percentage of votes in the city shall hold office for a period of four years, and the remaining two councilmen shall hold office for a period of two years, thus giving the city a mayor and two councilmen with a four-year term, and two councilmen with a two-year term. At the end of the two years, the two councilmen who run and are successfully elected shall have a term of office of four years, thereby creating a hold-over type of council.] There shall also be elected at each biennial election one municipal court judge who shall be elected in the same manner as the mayor and council and who shall serve for a two-year period and until his successor shall have been elected and qualified. In the event of any tie, the results shall be determined by lot. On the first Tuesday after the first Monday in [May 1959,] June 1971, and each successive interval of two years thereafter, there shall be elected in the city at large by the qualified voters of the city, two councilmen who shall hold office for four years and until their successors shall have been elected and qualified. The city council of the city shall order the general election, and shall determine the places in the city for the holding of the same, and the mayor of the city shall make proclamation thereof, and otherwise the election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of the city election in the city, the council of the city of North Las Vegas shall have the power to provide for such deficiency.
Sec. 11. Section 3.5 of chapter II of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 440, Statutes of Nevada 1965, at page 1214, is hereby amended to read as follows:
Section 3.5. Declaration of Candidacy, Filing, Primary Election. The city council shall provide by ordinance for a time before which persons seeking city office must declare their candidacy and file the necessary documents. If for any municipal general election held during or after [1967] 1971 there are three or more candidates for the offices of mayor or municipal court judge, or five or more candidates for the two city councilman offices to be elected, a primary election for such office or offices shall be held on the Tuesday following the 1st Monday of [April] May preceding such general election. The names of the two candidates for mayor and municipal court judge and the names of the four candidates for city councilman who receive the highest number of votes in the primary election shall be placed on the ballot for the general election unless one of the candidates for mayor or municipal court judge receives a majority of the total votes cast for that office in the primary election, in which case only the name of that candidate shall be placed on the ballot for the general election.
Sec. 12. Section 3 of chapter II of the charter of the City of Wells, being chapter 159, Statutes of Nevada 1967, at page 284, is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 682 (CHAPTER 402, AB 637)κ
Section 3. Officers, election of; Election, when and how held; councilmen. On the 1st Tuesday after the 1st Monday in [May] June of each odd-numbered year, there shall be elected at large by the qualified resident voters of the City of Wells, at a general election to be held for that purpose, three councilmen. The councilman at each of such elections receiving the largest number of votes shall hold office for 4 years and the remaining two councilmen-elect shall hold office for 2 years. On the 1st Tuesday after the 1st Monday in [May 1967,] June 1971, and at each successive interval of 4 years thereafter, there shall be elected at large by the qualified resident voters of the City of Wells, at the general election to be held in part for that purpose, a mayor. The mayor-elect and councilmen-elect shall hold office for their respective terms, which shall commence the first day of July following their election. The board of councilmen of the city shall order the general election and shall determine the place in the city for holding such election, and the mayor of the city shall make proclamation thereof. Otherwise the election and any special city election and the manner of holding such elections shall be governed by the laws of the State of Nevada governing general elections, so far as such laws may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of any city election, then the board of councilmen of the City of Wells has the power to provide for such deficiency.
Registration for such elections and for any special city elections shall be had in the manner provided in the general election law.
Appointment of the officers of election shall be made by the board of councilmen of the City of Wells. Ballots need not be in any particular form or of any particular paper or of any particular size, if such ballots clearly indicate the candidates to be voted for and the questions or propositions to be voted for or against.
No candidate for office at such general elections is entitled to have his name placed upon the official ballot unless such candidate at least 20 days before the date of such election pays to the City of Wells by delivery to the city clerk the sum of $5 as a filing fee. In addition to paying such filing fee the candidate shall execute and file with the city clerk, coincidentally with the paying of such filing fee, a verified statement showing that the candidate possesses the qualifications as required by the provisions of section 6 of chapter II of this act, as amended, for the office for which he is a candidate.
Each person desiring to become a candidate who has paid his filing fee and filed his verified statement as herein set forth is entitled to have his name placed upon the official ballot.
Sec. 13. Section 56 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, at page 173, is hereby amended to read as follows:
Section 56. The first municipal election in this city shall be held on the first Tuesday after the first Monday in [May, 1907,] June 1971, and on the same day every two years thereafter, at which time there shall be elected one Mayor by the qualified electors of said city at large, Councilmen as hereinbefore provided, and one City Clerk. All elections held under this charter shall be governed by the provisions of general election laws of the State so far as the same can be made applicable.
κ1969 Statutes of Nevada, Page 683 (CHAPTER 402, AB 637)κ
laws of the State so far as the same can be made applicable. The conduct and carrying on of all city elections, except the first, shall be under the control of the Council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof and do all other or further things necessary to carry the same into effect.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 659Messrs. Glaser and Roy Young
CHAPTER 403
AN ACT relating to the Elko Community College; repealing certain provisions of a special law; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Sections 1 to 6, inclusive, of an act entitled An Act relating to education; establishing a pilot project for community colleges; directing further study of their feasibility generally; and providing other matters properly relating thereto, approved February 26, 1968, being chapter 25, Statutes of Nevada 1968, at page 54, are hereby repealed.
Sec. 2. The board of trustees of Elko County school district shall transfer all funds held by it on July 1, 1969, for the benefit of Elko Community College and not encumbered or committed for expenditure to the board of regents of the University of Nevada for the benefit of Elko Community College.
________
Assembly Bill No. 636Messrs. Wood and Webb
CHAPTER 404
AN ACT relating to the registration of vehicles; providing that different classifications of vehicles shall be registered at different times; providing definitions; providing penalties; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Calendar year means a year commencing at 12 p.m. December 31 and ending at 12 p.m. the following December 31.
Sec. 3. Converter dolly means a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a full trailer.
κ1969 Statutes of Nevada, Page 684 (CHAPTER 404, AB 636)κ
Sec. 4. Fiscal year means a year commencing at 12 p.m. June 30 and ending at 12 p.m. the following June 30.
Sec. 5. Passenger car means a motor vehicle designed for carrying 10 persons or less, except a motorcycle, power cycle or motor-driven cycle.
Sec. 6. 1. Except as provided in subsection 4, every passenger car and motorcycle, and every trailer having an unladened weight of 3,500 pounds or less, except a converter dolly, shall be registered for a period of 12 consecutive months from the month of the first registration by the owner in this state.
2. Every mobile home shall be registered on a fiscal year basis.
3. Every other vehicle shall be registered on a calendar year basis.
4. Upon the application of the owner of a fleet of vehicles of a type referred to in subsection 1, the director may permit such an owner to register such fleet on a calendar year basis.
Sec. 7. NRS 482.010 is hereby amended to read as follows:
482.010 When used in this chapter, the words and terms in NRS 482.013 to 482.135, inclusive, and sections 2 to 6, inclusive, of this act, shall, for the purposes of this chapter, have the meanings ascribed to them in NRS 482.013 to 482.135, inclusive, and sections 2 to 5, inclusive, of this act, except in those instances where the context clearly indicates a different meaning.
Sec. 8. NRS 482.240 is hereby amended to read as follows:
482.240 1. Upon a registration of a vehicle the department shall issue a certificate of registration to the owner.
2. When an applicant for registration or transfer of registration shall be unable, for any reason, to submit to the department in support of such application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration.
3. The department may, upon proof of ownership satisfactory to it, issue a certificate of ownership prior to registration of the vehicle concerned. The certificate of registration issued under this chapter shall be valid only during the registration period or calendar year for which it is issued, and a certificate of ownership shall be valid until canceled by the department upon the transfer of interest therein.
[4. The department shall not issue a certificate of ownership for a vehicle which was previously registered or purchased in any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province, or country unless the application for the certificate of ownership is accompanied by a motor vehicle inspection certificate signed by a representative of the department or by a dealers report of sale by a licensed vehicle dealer.]
Sec. 9. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department and its agents in registering a vehicle shall:
(a) Collect the annual license fee as provided for in this chapter.
κ1969 Statutes of Nevada, Page 685 (CHAPTER 404, AB 636)κ
(b) Collect, as agent for the county in which the applicant resides, the privilege tax on the vehicle.
(c) Issue to the applicant a temporary certificate of registration valid 15 days only and not renewable, or a certificate of registration, together with the regular license plate or plates.
2. Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.
3. [Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle] Every vehicle referred to in subsection 1, of section 6 of this act being registered for the first time in Nevada shall be taxed for privilege tax purposes for a 12-month period. Every vehicle referred to in subsection 3 of section 6 of this act being registered for the first time in Nevada shall be taxed for privilege tax purposes pro rata on a monthly basis upon the amount of time remaining in the current registration year.
Sec. 10. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates. The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. Effective upon the issue of all license plates after January 1, 1967, all license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and: [the year for which issued.]
(a) If issued for a calendar year, such year.
(b) If issued for a registration period other than a calendar year, the month and year such registration expires.
4. The registration numbers assigned shall be coded for Carson City and the several counties and consecutively numbered. The code letters shall be at the left of the number plate, as follows: Carson City, OR; Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmeralda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye, NY; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be.
κ1969 Statutes of Nevada, Page 686 (CHAPTER 404, AB 636)κ
commencing with 1 to 99,999, shall be used for each county as the need may be. The director may assign an additional letter, excluding H, I, O, P, Q and U, to follow the county code letter in Clark and Washoe counties at any time the number of registrations in such counties requires an additional letter.
Sec. 11. NRS 482.275 is hereby amended to read as follows:
482.275 1. The license plates for a motor vehicle other than a motorcycle or power cycle shall be attached thereto, one in the front and the other in the rear. The license plate issued for all other vehicles required to be registered hereunder shall be attached to the rear thereof. Number plates shall be so displayed during the current [registration year.] calendar year or registration period.
2. Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.
Sec. 12. NRS 482.280 is hereby amended to read as follows:
482.280 1. [Every vehicle registration under this chapter] The registration of every vehicle referred to in subsection 1 of section 6 of this act shall expire at midnight on the last day of the last month of the registration period. The registration of every vehicle referred to in subsection 3 of section 6 of this act shall expire at midnight on December 31. [each year.] The department shall mail [annually] to each holder of a valid registration certificate an application form for renewal registration for the following [year.] registration period. Such forms shall be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application to any agent or office of the department.
2. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
3. [Such renewal shall take effect on January 1 of each year. The certificate of registration issued under this chapter shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually.
4.] An owner who has made proper application for renewal of registration previous to [January 1] the expiration of the current registration but who has not received the number plate or plates or registration card for the ensuing [year shall be] registration period is entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding [year] registration period for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.
[5.] 4. Registration of a truck or trailer having an unladened weight of 3,650 pounds or more for a half year shall be permitted if the applicant files with the department an affidavit showing that such truck or trailer has not in fact been operated on the highways in this state during the first 6 months of the registration period.
κ1969 Statutes of Nevada, Page 687 (CHAPTER 404, AB 636)κ
of 3,650 pounds or more for a half year shall be permitted if the applicant files with the department an affidavit showing that such truck or trailer has not in fact been operated on the highways in this state during the first 6 months of the registration period.
[6.] 5. No fee shall be required for the month of December for a new [car] vehicle required to be registered on the calendar year registration period which is delivered in good faith during that month, and the department shall register such new [car] vehicle for the next succeeding registration period.
Sec. 13. NRS 482.321 is hereby amended to read as follows:
482.321 1. Any manufacturer of or dealer in vehicles in this state qualified to receive a dealers license shall be entitled to register not more than five new vehicles of the make for which he is a licensed and franchised dealer in his name upon the payment of only the registration and licensing fee as provided in this chapter without being subject to the payment of privilege taxes, and may transfer such registrations to other new vehicles without payment of such taxes.
2. Vehicles so registered shall be subject to the payment of privilege taxes by the purchaser from such dealer at the time of their transfer to such purchaser.
3. The transferee of the vehicle shall be required to pay the registration fees and privilege taxes [pro rata on a monthly basis upon the time remaining in the current registration year] before he is entitled to a transfer of the registration and title in his name. Such transferee shall apply for registration as provided in NRS 482.215.
4. Nothing contained in this section shall be construed to apply to work or service vehicles.
Sec. 14. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration shall expire.
2. The holder of [such] the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the second motor vehicle over the registration fee and privilege tax on the first motor vehicle. Application for transfer of registration shall be made in person, if practicable, to any office or agent of the department, and the license plate or plates shall not be used upon a second vehicle until registration of such vehicle is complete. In computing the privilege tax, the department or its agent shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle.
3. In computing the registration fee for vehicles referred to in subsection 1 of section 6 of this act, the department or its agent shall credit the portion of the registration fee paid on the first vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the second vehicle.
κ1969 Statutes of Nevada, Page 688 (CHAPTER 404, AB 636)κ
rata basis against the registration fee due on the second vehicle. If the amount owed on the registration fee or privilege tax on the second vehicle is less than the credit on the registration fee or privilege tax on the first vehicle no refund shall be allowed.
4. If the license plate or plates are not appropriate for the second motor vehicle, the plate or plates shall be surrendered to the department and an appropriate plate or plates shall be issued. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
[4.] 5. If application for transfer of registration is not made within 60 days after destruction of or transfer of ownership of or interest in any motor vehicle, the license plate or plates shall be surrendered to the department on or before the 60th day for cancellation of the registration.
Sec. 15. NRS 482.400 is hereby amended to read as follows:
482.400 1. Except as provided in subsection 3, upon a transfer of the title or interest of a legal owner or owner in or to a vehicle registered under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
2. Immediately thereafter the transferee shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes [on such vehicle pro rata on a monthly basis upon the time remaining in the current registration year.] due.
3. If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for such vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes [on such vehicle pro rata on a monthly basis upon the time remaining in the current registration year.] due. The dealer shall not be required to register, pay a transfer or registration fee for, or pay a privilege tax on any such vehicle.
Sec. 16. NRS 482.545 is hereby amended to read as follows:
482.545 It shall be unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current registration period or calendar year, subject to the exemption allowed in NRS 482.320 to 482.355, inclusive, 482.385 to 482.395, inclusive, and 482.420.
2. To display or cause or permit to be displayed or to have in possession any registration card or registration number plate knowing the same to be fictitious or to have been canceled, revoked, suspended or altered.
3. To lend to or knowingly permit the use of by one not entitled thereto any registration card or registration number plate issued to the person so lending or permitting the use thereof.
4. To fail or to refuse to surrender to the department, upon demand, any registration card or registration number plate which has been suspended, canceled or revoked as provided in this chapter.
κ1969 Statutes of Nevada, Page 689 (CHAPTER 404, AB 636)κ
any registration card or registration number plate which has been suspended, canceled or revoked as provided in this chapter.
5. To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application.
Sec. 17. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Assembly Bill No. 731Committee on Transportation
CHAPTER 405
AN ACT relating to registration and license fees of motor vehicles; increasing the flat registration fee of certain trucks; defining the term motortruck and providing a schedule of registration fees therefor; amending the schedule of unladened weight license fees for motor carriers; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Motortruck means every motor vehicle designed, used or maintained primarily for the transportation of property.
Sec. 2. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every truck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a flat registration fee of [$7.] $9.
4. For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every [truck or] trailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds............................................................... $8
3,550 to and including 3,649 pounds............................................................... 10
3,650 to and including 3,749 pounds............................................................... 12
3,750 to and including 3,849 pounds............................................................... 14
3,850 to and including 3,949 pounds............................................................... 16
3,950 to and including 3,999 pounds............................................................... 18
κ1969 Statutes of Nevada, Page 690 (CHAPTER 405, AB 731)κ
5. For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds........................................................... $10
3,550 to and including 3,649 pounds........................................................... 12
3,650 to and including 3,749 pounds........................................................... 14
3,750 to and including 3,849 pounds........................................................... 16
3,850 to and including 3,949 pounds........................................................... 18
3,950 to and including 3,999 pounds........................................................... 20
4,000 to and including 5,049 pounds........................................................... 25
6. For every [truck or] trailer having an unladened weight of 4,000 pounds or more, except mobile homes, truck-tractor and semitrailer, and for every truck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property. Whenever a camper is attached to a motortruck the camper shall be considered as a load and the fees imposed by this section upon the motortruck shall be based on the unladened weight of the motortruck, exclusive of the camper.
[6.] 7. For every mobile home, the registration fee shall be $5.50.
[7.] 8. Except as provided in subsection [8,] 9, for each transfer of registration the fee shall be $2.
[8.] 9. The fee for transfer of a registration to any motor vehicle enumerated in subsection [5] 6 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
Sec. 3. NRS 706.540 is hereby amended to read as follows:
706.540 1. Except as otherwise provided in NRS 706.530 and in this section, payments for licenses of all other motor vehicles shall be made according to the following schedule of fees:
Unladened weight Fee
[Up to and including 4,000 pounds............................................................. $15
4,001 pounds to and including 5,000 pounds............................................ 28]
5,001 pounds to and including 6,000 pounds..................................... [45] $45
6,001 pounds to and including 7,000 pounds............................................ 72
7,001 pounds to and including 8,000 pounds............................................ 99
8,001 pounds to and including 9,000 pounds............................................ 126
9,001 pounds to and including 10,000 pounds.......................................... 153
10,001 pounds to and including 11,000 pounds........................................ 180
11,001 pounds to and including 12,000 pounds........................................ 207
12,001 pounds to and including 13,000 pounds........................................ 234
13,001 pounds to and including 14,000 pounds........................................ 261
14,001 pounds to and including 15,000 pounds........................................ 288
15,001 pounds to and including 16,000 pounds........................................ 315
16,001 pounds to and including 17,000 pounds........................................ 342
17,001 pounds to and including 18,000 pounds........................................ 369
18,001 pounds to and including 19,000 pounds........................................ 396 19,001 pounds to and including 20,000 pounds........................ $423
κ1969 Statutes of Nevada, Page 691 (CHAPTER 405, AB 731)κ
19,001 pounds to and including 20,000 pounds........................................ $423
20,001 pounds and over................................................................................ 450
2. For the purposes of this section each motor vehicle, including a trailer and semitrailer, shall be considered a separate vehicle, but no license shall be required for converter gear dollies. Notwithstanding any other provisions of NRS 706.010 to 706.700, inclusive, the number of trailers to be licensed shall be a number equivalent to the number usually towed by the power units licensed.
3. The unladened weight fee of vehicles carrying permanently mounted equipment, such as but not limited to ready-mix concrete vehicles, well-drilling vehicles and similar classes of vehicles specifically designated by the department, shall be determined by using a weight equivalent to 70 percent of the total weight of such vehicles, fully equipped but exclusive of load.
4. Such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and property.
5. The weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by a public weighmaster as provided in NRS 706.310. Should any motor vehicle within the terms of this chapter be changed in any respect after the weighing thereof, which change shall increase the unladened weight thereof, the department may require another weighing thereof and additional fees paid thereon.
6. Notwithstanding any other provisions of chapter 706 of NRS, the owner of any motor vehicle weighing 5,000 pounds or less, including station wagons, which vehicle is used primarily for the transportation of property, may pay a fee of $15 for a motor carrier license, and the department shall issue license plates of the same type as are issued to vehicles which are required to pay the fees under this section.
________
Senate Bill No. 61Senator Monroe
CHAPTER 406
AN ACT to amend an act entitled An Act incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto, approved April 13, 1965, as amended.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 30 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1110, as amended by chapter 526, Statutes of Nevada 1967, at page 1516, is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 692 (CHAPTER 406, SB 61)κ
amended by chapter 526, Statutes of Nevada 1967, at page 1516, is hereby amended to read as follows:
Section 30. The said board of supervisors shall have the following powers:
1. To 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 this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money for corporate purposes, including the acquisition of a public utility, after the issuance of a proclamation setting forth the amount, terms, maximum rate of interest and duration of the proposed indebtedness, the fund from which it is to be paid, and in the case of a public utility the estimated cost as shown by an expert appraisal. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by the board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice. The form, sale and redemption of the bonds shall comply with the provisions of NRS 350.080 to 350.190, inclusive, including any amendments thereto by the 53rd Session of the legislature of the State of Nevada, which are hereby adopted by reference.
κ1969 Statutes of Nevada, Page 693 (CHAPTER 406, SB 61)κ
hereby adopted by reference. The board may secure the payment of any general obligation bonds of the city by making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.
6. To issue refunding bonds in the manner provided by NRS 350.241 to 350.247, inclusive, which are hereby adopted by reference.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
κ1969 Statutes of Nevada, Page 694 (CHAPTER 406, SB 61)κ
measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles.
κ1969 Statutes of Nevada, Page 695 (CHAPTER 406, SB 61)κ
regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses, and to fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.
12. To lay out, establish, open, alter, widen, extend, [establish and enforce a uniform grade for grade, pave, or otherwise improve] narrow and vacate, either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks and public grounds, [and to vacate the same.] or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing or in any other way improve the same, and by ordinance, resolution or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire and repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through such sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in such premises may be refused unless such charge and fee is paid.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the [street] streets and sidewalks, and in public places [.] , including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The board of supervisors shall have the power to acquire property within the city by any lawful means, including parking eminent domain, for the purpose of establishing off-street public parking facilities for vehicles.
κ1969 Statutes of Nevada, Page 696 (CHAPTER 406, SB 61)κ
the power to acquire property within the city by any lawful means, including parking eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The board of supervisors may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the board of supervisors may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
20.5. To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, wrecked, dismantled or discarded vehicles or vehicle bodies and machinery, dead animals and any offensive matter from public or private property by contract or otherwise. To regulate the collection, removal, hauling, conveying, transporting, disposal or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants and employees. To fix, impose and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting and disposal is made.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.
28. To regulate the ringing of bells, blowing of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
κ1969 Statutes of Nevada, Page 697 (CHAPTER 406, SB 61)κ
the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, street car tracks, and connecting and terminal tracks.
31. To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.
37. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
κ1969 Statutes of Nevada, Page 698 (CHAPTER 406, SB 61)κ
pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
43.5. To construct, within or without the city limits, works designed to protect the city from floods; to acquire by purchase or condemnation any property or water right necessary or appropriate for such purpose; and to enact all ordinances and regulations necessary to carry the power conferred in this subsection into effect.
44. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
κ1969 Statutes of Nevada, Page 699 (CHAPTER 406, SB 61)κ
50. To enforce the keeping and use of proper weights and measures by venders.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
52.5. To require by ordinance the owners of real property to remove therefrom insecure or unsafe buildings, walls, chimneys, stacks or other structures, also all filth, garbage, offal, ashes, shavings, weeds, grass, leaves, manure, papers, boards, partially burned structures, debris resulting from fires, wrecked, dismantled or discarded vehicles and machinery and the bodies, parts and pieces of wrecked, dismantled or discarded vehicles and machinery, and all dangerous, nauseous, inflammable and unhealthful matter, to fill unenclosed or dangerous excavations and to drain all cesspools and standing water, within such times as may be provided in such ordinance. In the event of the failure of any property owner to comply with the provisions of such ordinance, the city may perform or cause to be performed the work required by the ordinance, at the expense of such owner, and the city shall have a lien therefor upon the property chargeable therewith until paid, and, if the board of supervisors so directs, the assessor shall levy the cost of such work as fixed by the board of supervisors as a tax against such property and the same shall be included in the next assessment roll thereafter made and be enforced and collected in the same manner and at the same time as other taxes. The board of supervisors may, however, foreclose such lien by appropriate legal proceedings, or may collect the cost of such work from the owner of the property or other person or persons liable therefor through a civil action, or may pursue any other remedy authorized by law or the ordinances of the city.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1969 Statutes of Nevada, Page 700 (CHAPTER 406, SB 61)κ
convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63.5. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zones, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction, and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said board of supervisors if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62 and 63 of said section 30 of chapter 2 of said act; provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extended by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
κ1969 Statutes of Nevada, Page 701 (CHAPTER 406, SB 61)κ
described in subsections 61, 62 and 63 of said section 30 of chapter 2 of said act; provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extended by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam-generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large [within the limits of] in the city of poultry, hogs, horses, mules, [asses,] cattle, swine, sheep, goats, [geese, and all kinds of poultry;] dogs and other animals; to establish and maintain a pound and [appoint a pound keeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same.] to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city [treasury] treasurer to be disposed of according to law.
κ1969 Statutes of Nevada, Page 702 (CHAPTER 406, SB 61)κ
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.
74. To regulate and prohibit the carrying of concealed weapons.
75. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
76. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
77. To provide for and regulate the numbering of houses and lots.
78. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose except as otherwise provided in subsection 5.
79. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
80. To acquire, develop, enlarge, improve and equip a public airport. This grant of power is in addition to and not in lieu of any other grant of power in this respect by any general or special law, including without limitation chapter 218, Statutes of Nevada 1963.
κ1969 Statutes of Nevada, Page 703 (CHAPTER 406, SB 61)κ
of power in this respect by any general or special law, including without limitation chapter 218, Statutes of Nevada 1963.
81. To condemn [property for public uses.] any property, real or personal, necessary or required for the public use of the city, in the manner prescribed by general law. All rights of eminent domain may be exercised by the city in relation thereto, including, but not limited to, the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Elko, the State of Nevada, or any of its political subdivisions, the Federal Government or any agency or instrumentality thereof, corporate or otherwise, beyond the corporate limits for water facilities, pumping plants, waterlines, water-distribution systems, sewer plants, sewer effluent, sewage disposal lines, water drainage, storage and control facilities and systems and appurtenances thereto.
82. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
83. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of supervisors to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of supervisors, his ratable proportion of the cost of paving, grading or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof.
84. To regulate and control the construction and maintenance of any tubes, pipes or pipelines, conduits, ditches, signal bells, warning signs, cables, wires and other electrical, telegraph and mechanical appliances in, along, over, under and across the streets, alleys and public places; but no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
85. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the city or within 1 mile outside of the city limits.
86. To require the construction and repair of sidewalks, curbs and gutters by the owners of abutting lots, and to construct and repair the same at city expense. If the expense thereof is paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected, and the lien shall be completed by the filing of a statement of the cost thereof with a description of the property in the office of the county recorder of Elko County, Nevada.
87. To adopt and enforce by ordinance all such regulations, in case no express provision is made, in this charter, as the board of supervisors may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every and all acts and things necessary or required for the execution of the powers conferred or which may be necessary fully to carry out the purpose or intent thereof.
κ1969 Statutes of Nevada, Page 704 (CHAPTER 406, SB 61)κ
and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every and all acts and things necessary or required for the execution of the powers conferred or which may be necessary fully to carry out the purpose or intent thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 201Senator Pozzi
CHAPTER 407
AN ACT relating to budgeting for administrative costs of the state personnel system; specifying reporting procedures; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.115 is hereby amended to read as follows:
284.115 1. The chief shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost [per budgeted classified position] , expressed as a percentage of gross annual salaries paid, of carrying out the functions of the personnel division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of such cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost [per budgeted classified position, as determined by the chief, multiplied by the number of budgeted classified positions provided for in the budget of such department, agency or institution.] estimated pursuant to subsection 1.
3. Except as provided in subsection 5, on July 1 of each year each department, agency and institution shall pay to the chief for deposit in the personnel operating fund the amount of money appropriated to or authorized for such department, agency or institution for personnel administration costs pursuant to its budget.
4. Any moneys remaining in the personnel operating fund on July 1 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
5. Any state department, agency or institution may pay the personnel administration costs required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.
κ1969 Statutes of Nevada, Page 705 (CHAPTER 407, SB 201)κ
6. Changes in personnel assessments are effective only at the beginning of a fiscal year and require prior notice to the governor. The governor shall transmit such changes to the legislature, as part of his budget, for its approval.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 203Committee on Transportation
CHAPTER 408
AN ACT establishing a fee to be charged for issuance of a manufacturers or dealers license certificate.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.325 is hereby amended to read as follows:
482.325 1. Applications for a manufacturers or dealers license shall be filed upon forms supplied by the department, and the applicant shall furnish: [such]
(a) Such proof as the department may deem necessary that the applicant is a manufacturer or dealer.
(b) A fee of $25.
2. Upon receipt of such application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealers license certificate containing the latters name and the address of his fixed place of business.
________
Senate Bill No. 217Committee on Judiciary
CHAPTER 409
AN ACT relating to professional corporations; permitting architects and professional engineers to join in the formation of such corporations; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 89.050 is hereby amended to read as follows:
89.050 1. [A] Except as provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.
κ1969 Statutes of Nevada, Page 706 (CHAPTER 409, SB 217)κ
and may invest its funds in any form of real property, securities or any other type of investment.
2. A professional corporation may be organized for the purpose of rendering professional service relating to architecture and engineering, and may be composed of persons, partnerships, firms or associations engaged in the practice of architecture as provided in chapter 623 of NRS, and persons, partnerships, firms or associations engaged in the practice of professional engineering as provided in chapter 625 of NRS.
3. A professional corporation may render professional service only through its officers and employees, all of whom shall be duly authorized to render such professional service.
Sec. 2. NRS 623.350 is hereby amended to read as follows:
623.350 Nothing in this chapter shall be construed as preventing firms, partnerships, corporations or associations of architects and engineers from practicing as such, provided each member of such firm, partnership or association is registered under the provisions of this chapter [.] or chapter 625 of NRS.
Sec. 3. NRS 625.240 is hereby amended to read as follows:
625.240 1. A firm, a copartnership, a corporation or a joint-stock association may engage in the practice of professional engineering in this state, if the principal member or members of the firm, copartnership, corporation or joint-stock association in responsible charge of engineering work are registered professional engineers under the provisions of this chapter [.] and the other members of the firm, copartnership, corporation or joint-stock association are registered under this chapter or chapter 623 of NRS.
2. Every office or place of business of any firm, copartnership, corporation or joint-stock association engaged in the practice of professional engineering shall have a registered professional engineer in residence and in direct responsible supervision of the engineering work conducted in such office or place of business. The provisions of this subsection do not apply to firms, copartnerships, corporations or joint-stock associations:
(a) Practicing professional engineering for their own benefit and not engaging in the practice of professional engineering for others or offering professional engineering services to others.
(b) Engaged in the practice of professional engineering at offices established for limited or temporary purposes, such as offices established for the convenience of field survey crews, or offices established for construction inspection.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 707κ
Senate Bill No. 250Committee on Finance
CHAPTER 410
AN ACT relating to highways; creating the position of the highway business manager in the department of highways; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The highway business manager shall:
1. Have a degree in business administration or experience which, in the opinion of the highway board, is equivalent thereto.
2. Be responsible for the administrative and financial functions of the department of highways, and for the development and planning for upgrading and modernization of such functions of a nonengineering nature as may be designated by the engineer.
Sec. 2. NRS 408.175 is hereby amended to read as follows:
408.175 1. Subject to the provisions of chapter 284 of NRS, the engineer shall:
(a) Appoint assistant engineers, who shall, in the absence, inability or failure of the engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.
(b) Employ a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.
(c) Appoint a highway business manager, who shall perform duties as designated pursuant to section 1 of this act.
(d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.
2. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in NRS 281.115.
Sec. 3. NRS 408.180 is hereby amended to read as follows:
408.180 The engineer, assistant engineers, highway business manager and the accountant of the department shall each:
1. Take the official oath.
2. File a bond with the secretary of state in the sum of $250,000, conditioned upon the faithful performance of their respective duties and by all persons employed by them, and upon the proper expenditure of the moneys constituting the state highway revolving fund hereinafter authorized, drawn upon checks or vouchers, signed by them or any one of them, in accordance with law, and the rendering of a true account to the board of any and all moneys so expended. The bonds shall be approved by the governor, and the premiums on such bonds, if surety company bonds are furnished, shall be paid from the state highway fund.
Sec. 4. NRS 408.185 is hereby amended to read as follows:
408.185 1. The engineer, assistant engineers, highway business manager and accountant are hereby authorized to use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
κ1969 Statutes of Nevada, Page 708 (CHAPTER 410, SB 250)κ
produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
2. Such mechanical facsimile signature devices shall be of such nature that the facsimile signature plate may be inserted and removed from the mechanical device only by use of two locking keys.
3. Such facsimile signatures shall be made and used only under the personal direction and supervision of the engineer, assistant engineers, highway business manager and accountant respectively.
4. All of the facsimile signature plates and locking keys shall at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use shall be prevented.
________
Senate Bill No. 297Committee on Health and Welfare
CHAPTER 411
AN ACT relating to barbers and barbering; raising the limit on examination fees which may be charged by the state barbers health and sanitation board.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 643.090 is hereby amended to read as follows:
643.090 1. Each applicant for a license as a practitioner of barbering shall file an application duly verified by him for an examination before the board.
2. The application shall be in such form and shall contain such matters as may be required by the board.
3. Each application must be accompanied by the fees provided by subsection 4.
4. The board shall annually fix the examination fees, which shall not be more than [$50.] $75.
5. Each applicant shall, at the time of filing the application and annually thereafter, file a certificate of a licensed physician certifying that such applicant is free from tuberculosis and other communicable diseases.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 303Senator Swobe
CHAPTER 412
AN ACT relating to trusts; adopting the Revised Uniform Principal and Income Act.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. Sections 2 to 25, inclusive, of this act may be cited as the Revised Uniform Principal and Income Act.
κ1969 Statutes of Nevada, Page 709 (CHAPTER 412, SB 303)κ
Sec. 3. As used in sections 2 to 25, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in sections 4 to 9, inclusive, of this act.
Sec. 4. Income means the return in money or property derived from the use of principal, including return received as:
1. Rent of real or personal property, including sums received for cancellation or renewal of a lease.
2. Interest on money lent, including sums received as consideration for the privilege of prepayment of principal except as provided in section 15 of this act on bond premium and bond discount.
3. Income earned during the administration of a decedents estate as provided in section 13 of this act.
4. Corporate distributions as provided in section 14 of this act.
5. Accrued increment on bonds or other obligations issued at discount as provided in section 15 of this act.
6. Receipts from business and farming operations as provided in section 16 of this act.
7. Receipts from disposition of natural resources as provided in sections 17 and 18 of this act.
8. Receipts from other principal subject to depletion as provided in section 19 of this act.
9. Receipts from disposition of underproductive property as provided in section 20 of this act.
Sec. 5. Income beneficiary means the person to whom income is presently payable or for whom it is accumulated for distribution as income.
Sec. 6. Inventory value means the cost of property purchased by the trustee and the market value of other property at the time it became subject to the trust, but in the case of a testamentary trust the trustee may use any value finally determined for the purpose of an estate or inheritance tax.
Sec. 7. Principal means the property which has been set aside by the owner or the person legally empowered so that it is held in trust eventually to be delivered to a remainderman while the return or use of the principal is in the meantime taken or received by or held for accumulation for an income beneficiary. Principal includes:
1. Consideration received by the trustee on the sale or other transfer of principal, on repayment of a loan or as a refund, replacement or change in the form of principal.
2. Proceeds of property taken on eminent domain proceedings.
3. Proceeds of insurance upon property forming part of the principal, except proceeds of insurance upon a separate interest of an income beneficiary.
4. Stock dividends, receipts on liquidation of a corporation and other corporate distributions as provided in section 14 of this act.
5. Receipts from the disposition of corporate securities as provided in section 15 of this act.
6. Royalties and other receipts from the disposition of natural resources as provided in sections 17 and 18 of this act.
κ1969 Statutes of Nevada, Page 710 (CHAPTER 412, SB 303)κ
7. Receipts from other principal subject to depletion as provided in section 19 of this act.
8. Any profit resulting from any change in the form of principal except as provided in section 20 of this act on underproductive property.
9. Receipts from disposition of underproductive property as provided in section 20 of this act.
10. Any allowances for depreciation established under section 16 and paragraph 2 of subsection 1 of section 21 of this act.
Sec. 8. Remainderman means the person entitled to the principal of the trust including income which has been accumulated and added to the principal.
Sec. 9. Trustee means an original trustee and any successor or added trustee.
Sec. 10. 1. A trust shall be administered with due regard to the respective interests of income beneficiaries and remaindermen. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:
(a) In accordance with the terms of the trust instrument;
(b) In the absence of any contrary terms of the trust instrument, in accordance with the provisions of sections 2 to 25, inclusive, of this act; or
(c) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of those entitled to principal, and in view of the manner in which men of ordinary prudence, discretion and judgment would act in the management of their own affairs.
2. If the trust instrument gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal or partly to each, no inference of imprudence or partiality arises from the fact that the trustee has made an allocation contrary to a provision of sections 2 to 25, inclusive, of this act.
Sec. 11. After determining income and principal in accordance with the terms of the trust instrument or of sections 2 to 25, inclusive, of this act, the trustees shall charge to income or principal expenses and other charges in the manner provided in sections 21 to 23, inclusive, of this act.
Sec. 12. 1. An income beneficiary is entitled to income from the date specified in the trust instrument, or, if no date is specified, from the date an asset becomes subject to the trust. In the case of an asset becoming subject to a trust by reason of a will, such asset becomes subject to the trust as of the date of the death of the testator even though there is an intervening period of administration of the testators estate.
2. In the administration of a decedents estate or where an asset becomes subject to a trust by reason of a will, receipts:
(a) Due but not paid at the date of death of the testator are principal.
(b) In the form of periodic payments, except corporate distributions to stockholders, but including rent, interest or annuities, not due at the date of the death of the testator shall be treated as accruing from day to day. That portion of the receipt accruing before the date of death is principal, and the balance is income.
κ1969 Statutes of Nevada, Page 711 (CHAPTER 412, SB 303)κ
3. In all other cases, any receipt from an income-producing asset is income even though the receipt was earned or accrued in whole or in part before the date when the asset became subject to the trust.
4. On termination of an income interest, the income beneficiary whose interest is terminated, or his estate, is entitled to income:
(a) Undistributed on the date of termination;
(b) Due but not paid to the trustee on the date of termination;
(c) In the form of periodic payments, except corporate distributions to stockholders, but including rent, interest or annuities, not due on the date of termination, accrued from day to day.
5. Corporate distributions to stockholders shall be treated as due on the day fixed by the corporation for determination of stockholders of record entitled to distribution or, if no date is fixed, on the date of declaration of the distribution by the corporation.
Sec. 13. 1. Unless the will otherwise provides and subject to subsection 2, all expenses incurred in connection with the settlement of a decedents estate, including debts, funeral expenses, estate taxes, interest and penalties concerning taxes, family allowances, fees of attorneys and personal representatives, and court costs shall be charged against the principal of the estate.
2. Unless the will otherwise provides, income from the assets of a decedents estate after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be determined in accordance with the rules applicable to a trustee under sections 2 to 25, inclusive, of this act and distributed as follows:
(a) To specific legatees and devisees, the income from the property bequeathed or devised to them respectively, less taxes, ordinary repairs and other expenses of management and operation of the property, and an appropriate portion of interest accrued since the death of the testator and of taxes imposed on income, excluding taxes on capital gains, which accrue during the period of administration.
(b) To all other legatees and devisees, except legatees of pecuniary bequests not in trust, the balance of the income, less the balance of taxes, ordinary repairs, and other expenses of management and operation of all property from which the estate is entitled to income, interest accrued since the death of the testator and taxes imposed on income, excluding taxes on capital gains, which accrue during the period of administration, in proportion to their respective interests in the undistributed assets of the estate computed at times of distribution on the basis of inventory value.
3. Income received by a trustee under subsection 2 shall be treated as income of the trust.
Sec. 14. 1. Corporate distributions of shares of the distributing corporation, including distributions in the form of a stock split or stock dividend, are principal. A right to subscribe to shares or other securities issued by the distributing corporation accruing to stockholders on account of their stock ownership and the proceeds of any sale of the right are principal.
2. Except to the extent a corporation indicates that some part of a corporate distribution is a settlement of preferred or guaranteed dividends accrued since the trustee became a stockholder or is in lieu of an ordinary cash dividend, a corporate distribution is principal if the distribution is pursuant to a:
κ1969 Statutes of Nevada, Page 712 (CHAPTER 412, SB 303)κ
accrued since the trustee became a stockholder or is in lieu of an ordinary cash dividend, a corporate distribution is principal if the distribution is pursuant to a:
(a) Call of shares;
(b) Merger, consolidation, reorganization or other plan by which assets of the corporation are acquired by another corporation; or
(c) Total or partial liquidation of the corporation, including any distribution which the corporation indicates is a distribution in total or partial liquidation or any distribution of assets, other than cash, pursuant to a court decree or final administrative order by a government agency ordering distribution of the particular assets.
3. Distributions made from ordinary income by a regulated investment company or by a trust, qualifying and electing to be taxed under federal law as a real estate investment trust, are income. All other distributions made by the company or trust, including distributions from capital gains, depreciation or depletion, whether in the form of cash or an option to take new stock or cash or an option to purchase additional shares, are principal.
4. Except as provided in subsections 1, 2 and 3, all corporate distributions are income, including cash dividends, distributions of or rights to subscribe to shares or securities or obligations of corporations other than the distributing corporation and the proceeds of the rights or property distributions. Except as provided in subsections 2 and 3, if the distributing corporation gives a stockholder an option to receive a distribution either in cash or in its own shares, the distribution chosen is income.
5. The trustee may rely upon any statement of the distributing corporation as to any fact relevant under any provision of sections 2 to 25, inclusive, of this act concerning the source or character of dividends or distributions of corporate assets.
Sec. 15. 1. Bonds or other obligations for the payment of money are principal at their inventory value, except as provided in subsection 2 for discount bonds. No provision shall be made for amortization of bond premiums or for accumulation for discount. The proceeds of sale, redemption or other disposition of the bonds or obligations are principal.
2. The increment in value of a bond or other obligation for the payment of money payable at a future time in accordance with a fixed schedule of appreciation in excess of the price at which it was issued is distributable as income. The increment in value is distributable to the beneficiary who was the income beneficiary at the time of increment from the first principal cash available or, if none is available, when realized by sale, redemption or other disposition. Whenever unrealized increment is distributed as income but out of principal, the principal shall be reimbursed for the increment when realized.
Sec. 16. 1. If a trustee uses any part of the principal in the continuance of a business of which the settlor was a sole proprietor or a partner, the net profits of the business, computed in accordance with generally accepted accounting principles for a comparable business, are income. If a loss results in any fiscal or calendar year, the loss falls on principal and shall not be carried into any other fiscal or calendar year for purposes of calculating net income.
κ1969 Statutes of Nevada, Page 713 (CHAPTER 412, SB 303)κ
2. Generally accepted accounting principles shall be used to determine income from an agricultural or farming operation, including the raising of animals or the operation of a nursery.
Sec. 17. 1. If any part of the principal consists of a right to receive royalties, overriding or limited royalties, working interests, production payments, net profit interests or other interests in minerals or other natural resources in, on or under land, the receipts from taking the natural resources from the land shall be allocated as follows:
(a) If received as rent on a lease or extension payments on a lease, the receipts are income.
(b) If received from a production payment, the receipts are income to the extent of any factor for interest or its equivalent provided in the governing instrument. There shall be allocated to principal the fraction of the balance of the receipts which the unrecovered cost of the production payment bears to the balance owed on the production payment, exclusive of any factor for interest or its equivalent. The receipts not allocated to principal are income.
(c) If received as a royalty, overriding or limited royalty or bonus, or from a working, net profit or any other interest in minerals or other natural resources, receipts not provided for in the preceding paragraphs of this section shall be apportioned on a yearly basis in accordance with this paragraph whether or not any natural resource was being taken from the land at the time the trust was established. Twenty-seven and one-half percent of the gross receipts, not to exceed 50 percent of the net receipts remaining after payment of all expenses, direct and indirect, computed without allowance for depletion, shall be added to principal as an allowance for depletion. The balance of the gross receipts, after payment therefrom of all expenses, direct and indirect, is income.
2. If a trustee, on the effective date of this act, held an item of depletable property of a type specified in this section he shall allocate receipts from the property in the manner used before the effective date of this act, but as to all depletable property acquired after the effective date of this act by an existing or new trust, the method of allocation provided in this section shall be used.
3. This section does not apply to timber, water, soil, sod, dirt, turf or mosses.
Sec. 18. If any part of the principal consists of land from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with paragraph (c) of subsection 1 of section 10 of this act.
Sec. 19. Except as provided in sections 17 and 18 of this act, if the principal consists of property subject to depletion, including leaseholds, patents, copyrights, royalty rights and rights to receive payments on a contract for deferred compensation, receipts from the property, not in excess of 5 percent per year of its inventory value, are income, and the balance is principal.
Sec. 20. 1. Except as otherwise provided in this section, a portion of the net proceeds of sale of any part of principal which has not produced an average net income of at least 1 percent per year of its inventory value for more than a year, including as income the value of any beneficial use of the property by the income beneficiary, shall be treated as delayed income to which the income beneficiary is entitled as provided in this section.
κ1969 Statutes of Nevada, Page 714 (CHAPTER 412, SB 303)κ
use of the property by the income beneficiary, shall be treated as delayed income to which the income beneficiary is entitled as provided in this section. The net proceeds of sale are the gross proceeds received, including the value of any property received in substitution for the property disposed of, less the expenses, including capital gains tax, if any, incurred in disposition and less any carrying charges paid while the property was underproductive.
2. The sum allocated as delayed income is the difference between the net proceeds and the amount which, had it been invested at simple interest at 4 percent per year while the property was underproductive, would have produced the net proceeds. This sum, plus any carrying charges and expenses previously charged against income while the property was underproductive, less any income received by the income beneficiary from the property and less the value of any beneficial use of the property by the income beneficiary, is income, and the balance is principal.
3. An income beneficiary or his estate is entitled to delayed income under this section as if it accrued from day to day during the time he was a beneficiary.
4. If principal subject to this section is disposed of by conversion into property which cannot be apportioned easily, including land or mortgages (for example, realty acquired by or in lieu of foreclosure), the income beneficiary is entitled to the net income from any property or obligation into which the original principal is converted while the substituted property or obligation is held. If within 5 years after the conversion the substituted property has not been further converted into easily apportionable property, no allocation as provided in this section shall be made.
Sec. 21. 1. The following charges shall be made against income:
(a) Ordinary expenses incurred in connection with the administration, management or preservation of the trust property, including regularly recurring taxes assessed against any portion of the principal, water rates, premiums on insurance taken upon the interests of the income beneficiary, remainderman or trustee, interest paid by the trustee, and ordinary repairs.
(b) A reasonable allowance for depreciation on property subject to depreciation under generally accepted accounting principles, but no allowance shall be made for depreciation of that portion of any real property used by a beneficiary as a residence or for depreciation of any property held by the trustee on the effective date of this act for which the trustee is not then making an allowance for depreciation.
(c) One-half of court costs, attorneys fees and other fees on periodic judicial accounting, unless the court directs otherwise.
(d) Court costs, attorneys fees and other fees on other accountings or judicial proceedings if the matter primarily concerns the income interest, unless the court directs otherwise.
(e) One-half of the trustees regular compensation, whether based on a percentage of principal or income, and all expenses reasonably incurred for current management of principal and application of income.
(f) Any tax levied upon receipts defined as income under sections 2 to 25, inclusive, of this act or the trust instrument and payable by the trustee.
2. If charges against income are of unusual amount, the trustee may by means of reserves or other reasonable means charge them over a reasonable period of time and withhold from distribution sufficient sums to regularize distributions.
κ1969 Statutes of Nevada, Page 715 (CHAPTER 412, SB 303)κ
by means of reserves or other reasonable means charge them over a reasonable period of time and withhold from distribution sufficient sums to regularize distributions.
Sec. 22. The following charges shall be made against principal:
1. Trustees compensation not chargeable to income under paragraphs (d) and (e) of subsection 1 of section 21 of this act, special compensation of trustees, expenses reasonably incurred in connection with principal, court costs and attorneys fees primarily concerning matters of principal and trustees compensation computed on principal as an acceptance, distribution or termination fee.
2. Charges not provided for in subsection 1 of section 21 of this act, including the cost of investing and reinvesting principal, the payments on principal of an indebtedness, including a mortgage amortized by periodic payments of principal, expenses for preparation of property for rental or sale, and, unless the court directs otherwise, expenses incurred in maintaining or defending any action to construe the trust or protect it or the property or assure the title of any trust property.
3. Extraordinary repairs or expenses incurred in making a capital improvement to principal, including special assessments, but a trustee may establish an allowance for depreciation out of income to the extent permitted by paragraph (b) of subsection 1 of section 21 of this act and by section 16 of this act.
4. Any tax levied upon profit, gain or other receipts allocated to principal, notwithstanding denomination of the tax as an income tax by the taxing authority.
5. If an estate or inheritance tax is levied in respect of a trust in which both an income beneficiary and a remainderman have an interest, any amount apportioned to the trust, including interest and penalties, even though the income beneficiary also has rights in the principal.
Sec. 23. Regularly recurring charges payable from income shall be apportioned to the same extent and in the same manner that income is apportioned under section 12 of this act.
Sec. 24. Except as specifically provided in the trust instrument, the will or sections 2 to 25, inclusive, of this act, sections 2 to 25, inclusive, of this act apply to any receipt or expense received or incurred after the effective date of this act by any trust or decedents estate, whether established before or after the effective date of this act and whether the asset involved was acquired by the trustee before or after the effective date of this act.
Sec. 25. Sections 2 to 25, inclusive, of this act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
________
κ1969 Statutes of Nevada, Page 716κ
Senate Bill No. 260Senator Slattery
CHAPTER 413
AN ACT relating to dead bodies; permitting any disposition of the residue resulting from the cremation of a dead body; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 451.020 is hereby amended to read as follows:
451.020 1. Except in cases of dissection provided for in NRS 451.010, and where a dead body shall rightfully be carried through or removed from the state for the purpose of burial elsewhere, every dead body of a human being lying within this state, and the remains of any dissected body after dissection, shall be decently buried or cremated within a reasonable time after death.
2. The residue resulting from the cremation of the body of a deceased person may be transported in this state in any manner, without any permit therefor, and may be disposed of in any manner desired, or directed by the decedent, by the person charged by law with the duty of burying the body.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 264Committee on Finance
CHAPTER 414
AN ACT making supplemental and other appropriations from the general fund in the state treasury for various purposes; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury:
1. The sum of $3,000 to the special silicosis fund created pursuant to NRS 443.145.
2. The sum of $700 as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 441, Statutes of Nevada 1967, to the office of the director of the department of health, welfare and rehabilitation for the payment of office rent.
3. The sum of $4,002 as an additional and supplemental appropriation to that allowed and made by section 19 of chapter 441, Statutes of Nevada 1967, for the support of the Nevada commission on equal rights of citizens.
4. The sum of $3,910 as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 441, Statutes of Nevada 1967, for the support of district judges travel.
κ1969 Statutes of Nevada, Page 717 (CHAPTER 414, SB 264)κ
5. The sum of $4,265 as an additional and supplemental appropriation to that allowed and made by section 23 of chapter 441, Statutes of Nevada 1967, for the support of the law division of the Nevada state library.
6. The sum of $31,633 to the buildings and grounds division of the department of administration for the following purposes:
(a) The sum of $16,383 may be expended for payment of costs incurred in opening the state office building in Elko, Nevada; for extra janitorial and maintenance service to be provided the 55th session of the Nevada legislature; and for payment of costs incurred for snow removal.
(b) The sum of $15,250 may be expended for landscaping, fencing and miscellaneous improvements in the outdoor reception area at the governors mansion.
7. The sum of $1,250 to the law division of the Nevada State library for the purchase of an additional set of United States Reports.
Sec. 2. After June 30, 1969, any unexpended balances of the appropriations made by section 1 of this act shall not be encumbered or committed for expenditure and on June 30, 1970, shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 283Committee on Commerce
CHAPTER 415
AN ACT to amend NRS 645.340, relating to real estate licenses, by making verbal changes in the qualifications for licenses for brokers and salesmen; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.340 is hereby amended to read as follows:
645.340 1. [Every applicant for a license as a real estate broker or real estate salesman shall be:] The division shall not approve the issuance of a brokers or salesmans license to any person unless such person is:
(a) 21 years of age or over [.] ;
(b) A citizen of the United States, or [shall have declared an] has filed a formal declaration of intention to become a citizen of the United States [.] ; and
(c) A bona fide resident of the State of Nevada, as evidenced by actual physical presence in the state for a period of at least 6 months next immediately preceding the filing of the application for a license.
2. [No brokers license shall be issued to a copartnership, association or corporation unless all the members of any such copartnership or association who will actively engage in the real estate business, and all of the officers and directors of any such corporation who will actively engage in the real estate business are:
κ1969 Statutes of Nevada, Page 718 (CHAPTER 415, SB 283)κ
(a) 21 years of age or over.
(b) Citizens of the United States; but any person not a citizen of the United States may be eligible for license if due proof is made to the commission that he has declared his intention to become a citizen of the United States.
(c) Residents of the State of Nevada for a period of at least 6 months next immediately preceding the filing of the application for license.] 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.
________
Senate Bill No. 338Committee on Judiciary
CHAPTER 416
AN ACT relating to mailing precincts; eliminating a conflict in the general law concerning the division of precincts; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish such precinct as a mailing precinct, and shall forthwith mail notification to the deputy registrar for such precinct.
2. The county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine such mailing precincts into absent ballot precincts and such precincts shall be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the preceding general election, or any newly established precinct with less than 200 registered electors, may be designated an absent ballot mailing precinct.
[4. When any precinct contains more than 800 registered voters within its boundaries, the area shall be divided into separate precincts.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 719κ
Senate Bill No. 289Senator Swobe
CHAPTER 417
AN ACT to amend the title of and to amend an act entitled An Act relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the department, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe and Ormsby Counties, Nevada, and in other counties of the state, which the department deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the director of the state department of conservation and natural resources; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto, approved April 26, 1963; and providing other matters properly relating thereto, approved February 5, 1964.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above entitled act, being chapter 11, Statutes of Nevada 1964, as last amended by chapter 52, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 2. 1. Notwithstanding the provisions of any other statute, and subject to the limitations contained in this act, the state department of conservation and natural resources, with the consent of the governor, may acquire real and personal property by exchange, lease, gift, grant, devise, purchase or by one or more condemnation proceedings brought in the name of the State of Nevada, and title to or any interest in real and personal property lying within the following described areas of Washoe, Ormsby and Douglas Counties, Nevada, which the department deems necessary and proper for the extension, improvement or development of the state park system:
T. 16 N., R. 18 E.
Sec. 25, all;
Sec. 26, NE 1/4, E 1/2 SE 1/4, Lot 2 of NW 1/4, Lot 3 of SW 1/4, Lots 4 and 5 of SE 1/4;
κ1969 Statutes of Nevada, Page 720 (CHAPTER 417, SB 289)κ
Sec. 35, E 1/2 E 1/2, Lots 1 and 2 of NE 1/4, Lots 3 and 4 of SE 1/4;
Sec. 36, all.
T. 16 N., R. 19 E.
Sec. 19, E 1/2, Lot No. 1 of NW 1/4, Lot No. 1 of SW 1/4;
Sec. 20, all;
Sec. 28, SW 1/4, S 1/2 NW 1/4, NW 1/4 NW 1/4;
Sec. 29, all;
Sec. 30, E 1/2, Lots No. 1 and No. 2 of NW 1/4, Lots No. 1 and No. 2 of SW 1/4.
T. 15 N., R. 18 E.
Sec. 1, Lot No. 2 of NE 1/4;
Sec. 2, Lots No. 1 and No. 2 of NE 1/4, Lots 1, 2, 3 of NW 1/4, SE 1/4, Lots 4 and 5 of SW 1/4;
Sec. 12, NW 1/4 SW 1/4 [;] , NW 1/4;
Sec. 13, SW 1/4 SE 1/4, SW 1/4;
Sec. 14, SE 1/4, E 1/2 SW 1/4, Lots 3 and 4 of SW 1/4, E 1/2 NE 1/4;
Sec. 22, all of fractional SE 1/4;
Sec. 23, all of fractional section;
Sec. 24, all;
Sec. 25, all;
Sec. 26, all;
Sec. 27, all of fractional section;
Sec. 33, Ormsby County, all of Lot 1 of SE 1/4;
Sec. 34, Ormsby County, all of fractional section;
Sec. 35, Ormsby County, all;
Sec. 36, Ormsby County, all.
T. 15 N., R. 19 E.
Sec. 4, Lots No. 1 and No. 2 of NE 1/4, Lots No. 1 and No. 2 of NW 1/4;
Sec. 5, Lot No. 2 of NE 1/4, Lots No. 1 and No. 2 of NW 1/4, SW 1/4;
Sec. 6, Lots No. 1 and No. 2 of NE 1/4, SE 1/4, Lots No. 1 and No. 2 of NW 1/4, N 1/2 of Lot No. 1 of SW 1/4 [;] , W 1/2 SW 1/4 , SE 1/4 SW 1/4;
Sec. 7, N 1/2 of Lot No. 2 of NW 1/4, Lot No. 1 of NW 1/4;
Sec. 19, Lots No. 1 and No. 2 of SW 1/4;
Sec. 21, S 1/2 SW 1/4;
Sec. 30, Lot No. 2 of NW 1/4.
T. 14 N., R. 18 E.
Those portions of Sections 1 and 2 lying northerly and easterly of State Route 28 and northerly and westerly of State Route 3 (U.S. 50), in Douglas County.
T. 14 N., R. 19 E.
Those portions of Sections 5 and 6 lying northerly and easterly of State Route 28 and northerly and westerly of State Route 3 (U.S. 50), in Douglas County.
All range references are to the Mount Diablo Base and Meridian.
2. In addition, the state department of conservation and natural resources may acquire title to or any interest in the real property lying in the following survey townships in Washoe, Ormsby and Douglas Counties, Nevada, for inclusion in the state park system, which property is administered by the United States Forest Service and is contiguous to lands authorized for acquisition under subsection 1 or owned by the state, in exchange for state lands within the state park system of equal or comparable value:
κ1969 Statutes of Nevada, Page 721 (CHAPTER 417, SB 289)κ
in the following survey townships in Washoe, Ormsby and Douglas Counties, Nevada, for inclusion in the state park system, which property is administered by the United States Forest Service and is contiguous to lands authorized for acquisition under subsection 1 or owned by the state, in exchange for state lands within the state park system of equal or comparable value:
T. 14 N., R. 18 E.
T. 14 N., R. 19 E.
T. 15 N., R. 18 E.
T. 15 N., R. 19 E.
T. 16 N., R. 19 E.
All range references are to the Mount Diablo Base and Meridian.
3. The state department of conservation and natural resources shall not acquire any real or personal property lying within the areas of Washoe, Ormsby and Douglas Counties, Nevada, described subsection 1, by exchange, lease, purchase or by condemnation proceedings unless a portion of such real or personal property is contiguous to property owned or leased by the State of Nevada.
[3.] 4. Before acquiring any real or personal property by exchange, lease or purchase, or before commencing a condemnation proceeding for acquisition, the state department of conservation and natural resources shall cause an appraisal to be made by at least one qualified, disinterested appraiser to determine the fair market value of such real or personal property. With the approval of the governor and the attorney general, the director of the department may employ one or two additional qualified, disinterested appraisers for this purpose. The department may acquire such real or personal property by exchange, lease or purchase for a price in excess of the fair market value so determined only after the state board of examiners finds, after conducting a public hearing, that such property is an integral part of and essential to the extension, improvement or development of the state park system and that such acquisition is in the best interest of the state. Notice of the public hearing shall be given by one publication in a newspaper printed in and having a general circulation in the county in which the property proposed to be acquired is located at least 20 days prior to the date set for the public hearing and shall contain:
(a) The legal description of the property to be acquired;
(b) The amount of the fair market value;
(c) The price the department proposes to pay for such property; and
(d) The date, time and place of the public hearing.
[4.] 5. Proceedings for the condemnation of any real or personal property or any interest therein shall be taken under the provisions of chapter 37 of NRS relating to eminent domain, but no such proceedings shall be commenced by the state department of conservation and natural resources after May 1, 1971. Nothing herein contained shall be construed to affect any such proceedings which are pending on May 1, 1971. The department shall not commence any such proceedings unless:
(a) The provisions of subsection [3] 4 relating to appraisals have been complied with;
κ1969 Statutes of Nevada, Page 722 (CHAPTER 417, SB 289)κ
(b) There is in the state parks and outdoor recreation acquisition and development fund an unencumbered balance which together with funds firmly committed for this purpose from competent private sources and from the Federal Land and Water Conservation Fund Act of 1964, Public Law 88-578 (78 Stat. 897), is equal to at least 120 percent of the fair market value of the property to be condemned as established by the required appraisal; and
(c) The director of the state department of conservation and natural resources has issued a declaration declaring that public interest and necessity require acquisition by the State of Nevada of the property or interest therein, described in the declaration, and that such acquisition is necessary and proper for the extension, improvement or development of the state park system.
[5.] 6. The declaration of the director of the state department of conservation and natural resources shall be prima facie evidence:
(a) Of the public necessity of such proposed acquisition.
(b) That such real or personal property or interest therein is necessary therefor.
(c) That such proposed acquisition is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.
[6.] 7. Nothing in this section shall be construed to limit the department in the exercise of the power of eminent domain herein granted to but one condemnation proceeding, it being the intention of the legislature that one or more such proceedings may, if necessary, be instituted for the acquisition of title to or any interest in real and personal property.
[7.] 8. All legal actions in all courts brought under the provisions of this section to enforce the power of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.
Sec. 2. The title of the above entitled act, being chapter 11, Statutes of Nevada 1964, at page 26, is hereby amended to read as follows:
An Act relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the department, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe, [and] Ormsby and Douglas Counties, Nevada, and in other counties of the state, which the department deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the director of the state department of conservation and natural resources; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto, approved April 26, 1963; and providing other matters properly relating thereto.
κ1969 Statutes of Nevada, Page 723 (CHAPTER 417, SB 289)κ
and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto, approved April 26, 1963; and providing other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 351Committee on Health and Welfare
CHAPTER 418
AN ACT relating to public health; repealing registration requirements; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.520 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 367Committee on Federal, State and Local Governments
CHAPTER 419
AN ACT relating to the subdivision of land; providing for the mapping for industrial or commercial development; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If land is subdivided which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of this chapter.
κ1969 Statutes of Nevada, Page 724 (CHAPTER 419, SB 367)κ
2. No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 372Senator Slattery
CHAPTER 420
AN ACT relating to the minimum wage for males; increasing the minimum wage for male employees in private employment; providing for overtime pay; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 608.250 is hereby amended to read as follows:
608.250 1. [Except as otherwise provided in subsection 2, the minimum wages which may be paid to male persons in private employment within the state are as follows:
(a) For minors under 18 years of age, $1 per hour, or $8 for 1 day of 8 hours, or $48 for 1 week of 6 days of 8 hours each.
(b) For persons 18 years of age or older, $1.25 per hour or $10 for 1 day of 8 hours, or $60 for 1 week of 6 days of 8 hours each.
2. The provisions of subsection 1 do not apply to male persons:
(a) In domestic service or in an agricultural pursuit.
(b) Governed by the provisions of the Fair Labor Standards Act of 1938, as amended, being 29 U.S.C. §§ 201 to 219, inclusive.] Except as otherwise provided in subsections 3 and 4, the minimum wages which may be paid to male persons in private employment within the state are as follows:
(a) For minors under 18 years of age:
(1) From the effective date of this act until February 1, 1970, $1.15 per hour.
(2) From February 1, 1970, to February 1, 1971, $1.30 per hour.
(3) From February 1, 1971, $1.45 per hour.
(b) For persons 18 years of age or older:
(1) From the effective date of this act until February 1, 1970, $1.30 per hour.
(2) From February 1, 1970, to February 1, 1971, $1.45 per hour.
(3) From February 1, 1971, $1.60 per hour.
2. Except as otherwise provided in subsections 3 and 5, overtime pay at the rate of 1 1/2 times the employees regular rate of pay shall be paid by an employer to any employee who works more than 8 hours in any 24-hour period or more than 48 hours in any work week.
3. The provisions of subsections 1 and 2 do not apply to male persons in domestic service or in an agricultural pursuit.
4. The provisions of subsection I do not apply to male persons whose minimum wages are established by the Fair Labor Standards Act of 1938, as amended (29 U.S.C.
κ1969 Statutes of Nevada, Page 725 (CHAPTER 420, SB 372)κ
minimum wages are established by the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219).
5. The provisions of subsection 2 do not apply to male persons whose rates of overtime pay are established by, or who are specifically exempted from the provisions of, the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219).
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 376Senator Fransway
CHAPTER 421
AN ACT relating to unfair employment practices; transferring to the labor commissioner the responsibility of enforcing the provisions prohibiting discrimination based on sex; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with:
(a) The Nevada commission on equal rights of citizens if the complaint is based on discrimination because of race, color, religion or national origin.
(b) The labor commissioner if the complaint is based on discrimination because of sex.
2. The Nevada commission on equal rights of citizens may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion or national origin, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex.
Sec. 3. When any complaint is filed with the labor commissioner alleging any unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, or when the labor commissioner initiates his own investigation of any such practice, the labor commissioner may, but only after holding a public hearing:
1. Make appropriate findings of fact;
2. Serve a copy of such findings upon any person found to have engaged in any such practice within 20 days after any such finding of unfair practice is made; and
3. If such person does not cease and desist from the unfair practice so found within 20 days after service is so made, apply to the appropriate district court for an injunction against such continued unfair practice.
In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the labor commissioner for the purpose of determining whether the labor commissioners findings were arbitrary, capricious or without foundation.
κ1969 Statutes of Nevada, Page 726 (CHAPTER 421, SB 376)κ
may consider only evidence introduced at a hearing before the labor commissioner for the purpose of determining whether the labor commissioners findings were arbitrary, capricious or without foundation.
Sec. 4. NRS 613.430 is hereby amended to read as follows:
613.430 No action authorized by NRS 613.420 may be brought after the expiration of 60 days from the date of the act complained of. When a complaint is filed with the Nevada commission on equal rights of citizens pursuant to NRS 613.410, or with the labor commissioner pursuant to section 2 of this act, the limitation provided by this section is tolled as to any action authorized by NRS 613.420 during the pendency of such complaint before the commission [.] or the labor commissioner.
________
Senate Bill No. 377Committee on Labor
CHAPTER 422
AN ACT empowering the labor commissioner to accept gifts and grants of money for programs and services administered by him; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 607 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The labor commissioner is authorized to accept, with the approval of the governor, gifts and grants of money from the Federal Government which may become or are made available for programs and services administered by the labor commissioner.
2. All such money shall be deposited in the state treasury for the use of the labor commissioner in accordance with the conditions and purposes under which given or granted.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 396Committee on Transportation
CHAPTER 423
AN ACT relating to vehicles on public highways; authorizing motor carrier field agents to enforce vehicle weight limits; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.580 is hereby amended to read as follows:
484.580 1. Authority for the enforcement of the provisions of NRS 484.530 to 484.590, inclusive, shall be vested in the Nevada highway patrol and in motor carrier field agents under the jurisdiction of the department of motor vehicles.
κ1969 Statutes of Nevada, Page 727 (CHAPTER 423, SB 396)κ
patrol and in motor carrier field agents under the jurisdiction of the department of motor vehicles.
2. Any officer of the Nevada highway patrol or motor carrier field agent having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales, in the event such scales are within 5 miles.
3. Whenever an officer or agent upon weighing a vehicle and load as provided in subsection 2 determines that the weight is unlawful, such officer or agent may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of such vehicle to those limits permitted under NRS 484.530 to 484.590, inclusive. All materials so unloaded shall be cared for by the carrier of such material and shall be cared for at the expense of the carrier. The officer or agent may allow the driver of the inspected vehicle to continue on his journey if any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484.530 to 484.590, inclusive, but the penalties provided in NRS 484.590 shall be exercised for the overload violation.
4. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the Nevada highway patrol or motor carrier field agent upon a weighing of the vehicle to stop and otherwise comply with the provisions of NRS 484.530 to 484.590, inclusive, shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 413Committee on Health and Welfare
CHAPTER 424
AN ACT relating to vital statistics; abolishing fees for local registrars; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 440.710 is hereby amended to read as follows:
440.710 1. [Subject to the provisions of subsection 2, each local registrar shall be paid the sum of 50 cents for each birth certificate and each death certificate, properly and completely made out and registered with him, and correctly recorded and promptly returned by him to the state registrar, as required by this chapter. If no births and no deaths were registered during any month, the local registrar shall be entitled to be paid the sum of 50 cents for each report to that effect if such report is made promptly as required by this chapter.
2. If the local registrar receives any salary from the state, city or county for his services then the fees provided for in subsection 1 shall not be allowed.
κ1969 Statutes of Nevada, Page 728 (CHAPTER 424, SB 413)κ
county for his services then the fees provided for in subsection 1 shall not be allowed.
3. Each month the state registrar shall certify to the state treasurer the number of births and deaths properly registered, together with the names of the local registrars and the amounts due each at the rates fixed in this section, and the state controller is authorized to draw his warrant on the state treasurer for the amount of the claims of the local registrars, and the state treasurer is directed to pay the same.
4.] In counties where deputy registrars are appointed, the board of county commissioners shall allow them a monthly salary or the sum of $1 for each birth and death certificate executed by them.
[5.] 2. No local health officer shall require from undertakers or persons acting as undertakers any fee for the issuance of burial or removal permits under this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 432Committee on Judiciary
CHAPTER 425
AN ACT relating to mechanics liens; permitting delivery of certain documents by certified mail; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.239 is hereby amended to read as follows:
108.239 1. Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of NRS 108.221 to 108.2394, inclusive, on the premises to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements shall be filed within 10 days of the last publication of the notice. The plaintiff and other parties adversely interested shall be allowed 5 days to answer such statements.
3. If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in subsection 2, mail to such other lien claimants, by registered [mail,] or certified mail, or deliver in person, a copy of the notice as published.
κ1969 Statutes of Nevada, Page 729 (CHAPTER 425, SB 432)κ
4. The summons and complaint shall be served upon the defendant, and the defendant shall be allowed to answer, deny or otherwise plead or defend, as provided by the Nevada Rules of Civil Procedure.
5. The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the same to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
6. On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.221 to 108.2394, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
7. If the proceeds of sale, after the payment of cost, are not sufficient to satisfy the whole amount of such liens included in the decree of sale, then the proceeds shall be apportioned according to the right of the several parties. In case the proceeds of the sale amount to more than the sum of the liens and the cost of sale, then the remainder shall be paid over to the owner of the property.
8. Each party whose claim is not satisfied in the manner herein provided for shall have personal judgment for the residue against the party legally liable for the same if such person has been personally summoned or has appeared in the action.
9. This section shall be applicable to actions in justices courts as to action on, trial of and sale of premises under mechanics liens, where the sum involved is within the provisions of paragraph (k) of subsection 1 of NRS 4.370.
Sec. 2. NRS 108.2392 is hereby amended to read as follows:
108.2392 1. Any lien may be assigned in the same manner as any other chose in action after it has been perfected by recording.
2. No assignment of a lien prior to recording shall be effective until written notice of the assignment has been given to the owner by the assignee. Any such notice shall be sufficient if delivered in person or mailed by certified mail to the person named as owner in the building permit. After such notice the assignee may perfect the lien in his own name.
3. Two or more lien claimants of the same class may assign their lien claims by written assignment, signed by each assignor, to any other person or lien claimant of the same class, and the assignee may commence and prosecute the action upon all of the lien claims in his own name.
4. In the event that a claim for which a lien may be filed is assigned before it is perfected, such assignment shall not discharge or defeat the right to perfect such lien, if such claim is reassigned to the lien claimant, and thereafter such lien claim is timely perfected.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 730κ
Senate Bill No. 444Senator Young
CHAPTER 426
AN ACT relating to trade regulation; providing for the sale of rifles and shotguns to residents of Nevada and contiguous states in accordance with provisions of federal law; and providing other matters properly relating thereto.
[Approved April 16, 1969]
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 a new section which shall read as follows:
1. Residents of the State of Nevada may purchase rifles and shotguns in states contiguous to Nevada if:
(a) Such residents conform to the applicable provisions of the federal firearms control law (18 U.S.C. § 921 et seq.) and any regulation promulgated thereunder.
(b) Such residents conform to the provisions of law applicable to such a purchase in Nevada and in the state where the purchase is made.
2. Residents of a state contiguous to the State of Nevada may purchase rifles and shotguns in Nevada if:
(a) Such residents conform to the applicable provisions of the federal firearms control law (18 U.S.C. § 921 et seq.) and any regulation promulgated thereunder.
(b) Such residents conform to the provisions of law applicable to such purchase in Nevada and in the state where such persons reside.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 450Committee on Judiciary
CHAPTER 427
AN ACT relating to mechanics liens; eliminating notice requirements where contractors or suppliers deal directly with an owner of property; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.2394 is hereby amended to read as follows:
108.2394 1. Every person, firm, partnership, corporation or other legal entity, other than one who performs only labor, who claims the benefit of NRS 108.221 to 108.2394, inclusive, shall, within 31 days after the first delivery of material or performance of work or services under his contract, deliver in person or by certified mail to the owner or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement a notice in substantially the following form:
κ1969 Statutes of Nevada, Page 731 (CHAPTER 427, SB 450)κ
Notice to Owner of Materials Supplied or Work or Services Performed
To:.........................................................
(Owners name and address)
The undersigned notifies you that he has supplied materials or performed work or services as follows:
...............................................................................................................................................
(General description of materials, work or services and anticipated total value)
for improvement of real property identified as (property description or street address) under contract with (general contractor or subcontractor). This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, claim a lien as provided by law against the property if the undersigned is not paid.
.......................................................
(Claimant)
2. Such notice shall not constitute a lien or give actual or constructive notice of a lien for any purpose.
3. No lien for materials furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.2394, inclusive, unless such notice has been given.
4. The notice shall not be verified, sworn to or acknowledged.
5. [No notice is required pursuant to this section with respect to materials purchased directly by the owner.] A general contractor or other person who contracts directly with an owner or sells materials directly to an owner is not required to give notice pursuant to this section.
6. As used in this section, owner does not include any person, firm or corporation whose only interest in the real property is under a mortgage, deed of trust or other security arrangement.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 456Committee on Judiciary
CHAPTER 428
AN ACT relating to law enforcement; creating a commission on crimes, delinquency and corrections; providing for a director and a committee on peace officers standards and training; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 216 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in such sections.
κ1969 Statutes of Nevada, Page 732 (CHAPTER 428, SB 456)κ
Sec. 3. Commission means the commission on crimes, delinquency and corrections.
Sec. 4. Committee means the peace officers standards and training committee.
Sec. 5. Crime Control Act means the Federal Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, approved June 19, 1968.
Sec. 6. Delinquency Control Act means the Federal Juvenile Delinquency Prevention and Control Act of 1968, P.L. 90-445, approved July 31, 1968.
Sec. 7. Law enforcement means all activities pertaining to crime prevention or reduction and to enforcement of criminal law.
Sec. 8. Unit of general local government means any political subdivision or Indian tribe which performs law enforcement functions.
Sec. 9. 1. There is hereby created as an independent agency within the executive department of this state the commission on crime, delinquency and corrections.
2. The purposes of the commission are:
(a) To develop a comprehensive statewide plan for the improvement of law enforcement throughout the state;
(b) To define, develop and correlate programs and projects for the state and units of general local government in the state or for any combination of the state and units of general local government for improvement in law enforcement; and
(c) To establish priorities for the improvement of law enforcement throughout the state.
Sec. 10. 1. The commission shall consist of a chairman and 16 members, who shall:
(a) Be representative of law enforcement agencies of the state and units of general local government within the state.
(b) Be appointed by and responsible to the governor.
(c) Serve at the pleasure of the governor.
2. The governor shall appoint a chairman of the commission.
3. The governor may appoint additional persons, who shall act in nonvoting advisory capacities to the commission.
4. Members of the commission shall serve without compensation but may be reimbursed from commission funds for necessary travel and per diem expenses in the amounts provided by law.
Sec. 11. The commission may:
1. Apply for and accept grants and allocations awarded under the Crime Control Act, under the Delinquency Control Act or by any agency of the Federal Government.
2. Accept gifts or donations of funds, services, materials or property from any source and use such gifts or donations for the proper administration of the commission.
3. Contract with public agencies, private firms or individuals for such goods, services and facilities as may be necessary to develop and implement a statewide law enforcement and delinquency control plan.
Sec. 12. The commission shall be administered by a director, who shall:
κ1969 Statutes of Nevada, Page 733 (CHAPTER 428, SB 456)κ
1. Be appointed by and responsible to the governor.
2. Serve at the pleasure of the governor.
3. Be in the unclassified service of the State of Nevada under chapter 284 of NRS.
Sec. 13. The director has the following powers:
1. To call and conduct any meetings which may be necessary for the administration of the commission.
2. To appoint within the limits of legislative appropriations and pursuant to chapter 284 of NRS any necessary personnel.
3. To do all things necessary for the proper performance of the functions of the commission and administration of sections 9 to 13, inclusive, of this act.
Sec. 14. 1. There is established within the commission a peace officers standards and training committee consisting of five members, who shall he appointed by the governor from the membership of the commission.
2. The purpose of the committee is to provide for and encourage training and education of peace officers in order to improve law enforcement and to develop methods for the prevention and reduction of crime and for the detection and apprehension of criminals.
Sec. 15. NRS 216.020 is hereby amended to read as follows:
216.020 1. The [commission] committee shall elect one of its members as chairman and one of its members as vice chairman.
2. At any meeting, three members shall constitute a quorum.
[3. The attorney general shall summon the commission to its first meeting.]
Sec. 16. NRS 216.060 is hereby amended to read as follows:
216.060 For the purpose of raising the level of competence of state and local law enforcement officers, the [commission] committee shall adopt, and may from time to time amend, rules establishing minimum standards relating to physical, mental and moral fitness which shall govern the recruitment of any [city, county or] unit of general local government or of any state agency employing peace officers.
Sec. 17. NRS 216.070 is hereby amended to read as follows:
216.070 In establishing standards for training, the [commission] committee may, as far as is consistent with the purposes of this chapter, permit required training to be obtained at existing institutions approved by the [commission.] committee.
Sec. 18. NRS 216.080 is hereby amended to read as follows:
216.080 The [commission] committee shall make such inquiries as may be necessary to determine whether [every city, county and state agency] the state and every unit of general local government is adhering to the standards for recruitment and training established by the [commission.] committee.
Sec. 19. NRS 216.010, 216.030, 216.040 and 216.050 are hereby repealed.
________
κ1969 Statutes of Nevada, Page 734κ
Senate Bill No. 457Senator Swobe
CHAPTER 429
AN ACT relating to zoning; providing alternative methods of granting or denying requests for variances and special exceptions; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.300 is hereby amended to read as follows:
278.300 1. The board of adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures.
(b) To hear and decide, in accordance with the provisions of any such regulation, requests for [special exceptions or] variances, or for interpretation of any map, or for decisions upon other special questions upon which the board is authorized by any such regulation to pass.
(c) Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize [, upon an appeal relating to the property,] a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.
(d) To hear and decide requests for special use permits or other special exceptions, in such cases and under such conditions as the regulations may prescribe.
2. The unanimous concurring vote of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official or agency, or to decide in favor of the appellant.
Sec. 2. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. The governing body may provide for the granting of special use permits or other special exceptions, and if it so provides, shall further provide:
1. For the granting of all such permits or exceptions by the board of adjustment;
2. For the granting of all such permits or exceptions by the planning commission; or
3. For the granting of enumerated categories of such permits or exceptions by the board of adjustment or the planning commission, and the granting of other such permits or exceptions by the other body.
κ1969 Statutes of Nevada, Page 735 (CHAPTER 429, SB 457)κ
exceptions by the board of adjustment or the planning commission, and the granting of other such permits or exceptions by the other body.
Sec. 4. The governing body may reserve to itself the power to review decisions of the board of adjustment or planning commission, or both, with respect to special exceptions or variances, or both, and to affirm, modify or reverse any such decision.
Sec. 5. 1. Any person or persons having a record title or interest in land that has been subdivided as provided in this chapter may have the plat or any portion thereof, or any street therein contained, as shown in the final map thereof which has been filed in accordance with this chapter, altered or changed, upon application to the planning commission.
2. Abandonment or vacation of any portion of the plat or of any street contained therein is governed by the provisions of NRS 278.470 and 278.480.
3. Abandonment of a subdivision map or reversion of any subdivision to acreage is governed by the provisions of NRS 278.490.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 474Committee on Labor
CHAPTER 430
AN ACT relating to employment on public works; defining wages; providing for the contents of public works contracts concerning wage rates; repealing provisions relating to minimum wages for unskilled male labor; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 338.010 is hereby amended to read as follows:
338.010 As used in [NRS 338.010 to 338.090, inclusive:] this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Public body means the state, county, city, town, village, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
3. Public work means new construction of and the repair and reconstruction work on all public buildings, public highways, public roads, public streets and alleys, public utilities paid for in whole or in part by public funds, publicly owned water mains and sewers, public parks and playgrounds, and all other publicly owned works and property.
4. Wages means:
(a) The basic hourly rate of pay; and
κ1969 Statutes of Nevada, Page 736 (CHAPTER 430, SB 474)κ
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs, or other bona fide fringe benefits which are a benefit to the workman.
The obligation of a contractor or subcontractor to make such wage payments in accordance with the prevailing wage determination of the labor commissioner may be discharged by the making of payments in cash, or by making contributions to an established third person pursuant to a fund, plan or program in the name of the workman.
5. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.
Sec. 2. NRS 338.020 is hereby amended to read as follows:
338.020 1. Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, shall contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages shall not be less than the rate of such wages then prevailing in the county, city, town, village or district it this state in which the public work is located, which prevailing rate of wages shall have been determined in the manner provided in NRS 338.030. [; provided:
1. That when] 2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workmen so employed shall apply and shall be stated clearly to such mechanics and workmen when employed. [; and
2. That in no case shall the daily rate of wages be less than $5.]
Sec. 3. NRS 338.100 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 475Committee on Finance
CHAPTER 431
AN ACT relating to gaming; providing that the Nevada gaming commission and the state gaming control board shall present their claims against the general fund separately.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board shall be paid from the general fund on claims presented by the commission and the board, respectively, and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to this chapter. The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant hereto, there is hereby created the state gaming control board revolving fund.
κ1969 Statutes of Nevada, Page 737 (CHAPTER 431, SB 475)κ
hereto, there is hereby created the state gaming control board revolving fund. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the same to the state treasurer, the treasurer shall pay the same. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.
3. The chairman of the hoard is authorized to use the revolving fund to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations hereof. In allowing such expenses the chairman shall not be limited or bound by the provisions of NRS 281.160 or any act amendatory thereof or supplemental thereto.
4. After the expenditure of money from the revolving fund, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving fund. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the same or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the same.
5. Expenditures from the revolving fund shall not exceed $30,000 in any 1 fiscal year. Authorization for expenditures from the revolving fund shall in no event be deemed to be an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving fund shall be deemed administrative expenses of this chapter and shall be included in the total of expenditures to which such limitation is applicable.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 476Committee on Finance
CHAPTER 432
AN ACT creating the donated commodities revolving fund for the use of the purchasing division of the department of administration in acquiring donated commodities from the Federal Government; abolishing the school lunch revolving fund and disposing of the moneys therein; and providing other matters properly relating thereto.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The donated commodities revolving fund is hereby created for the use of the chief in acquiring commodities donated by the Federal Government and its agencies.
κ1969 Statutes of Nevada, Page 738 (CHAPTER 432, SB 476)κ
use of the chief in acquiring commodities donated by the Federal Government and its agencies.
2. Costs of freight, storage, handling charges and other administrative expenses, including compensation of purchasing division personnel, incidental to the acquisition of such donated commodities may be paid from the donated commodities revolving fund.
Sec. 2. NRS 387.110 is hereby repealed.
Sec. 3. On July 1, 1969:
1. The balance of the school lunch revolving fund less $3,500 shall be transferred to the donated commodities revolving fund.
2. The sum of $3,500 shall be transferred from the school lunch revolving fund to the general fund in the state treasury.
________
Senate Bill No. 478Committee on Finance
CHAPTER 433
AN ACT making an appropriation from the general fund in the state treasury for the relief of certain payees of stale state warrants; and providing other matters properly relating thereto.
[Approved April 16, 1969]
Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and
Whereas, Warrants bearing the following dates and numbers payable to the order of the following-named individuals for the stated itemized amounts were heretofore issued by the state controller and the state treasurer and were not presented for payment within the time allowed by law:
DATE WARRANT NUMBER PAYEE AMOUNT
4-21-64 Accts. Payable 57250 W. H. Norton Jr. $7.00
4-21-64 Accts. Payable 57361 T. M. Norton 7.00
5-20-64 Accts. Payable 66562 M. Tassone 7.00
12-14-65 Accts. Payable 29789 B. U. Hooper 7.41
4-15-66 Accts. Payable 55635 K. E. Niles 40.00
7-29-66 Accts. Payable 1620 Jewel Drycleaning
& Laundry 1.25
3-17-67 Accts. Payable 54684 S. Elberger 8.56
4-19-67 Accts. Payable 66347 J. W. Jaurequito 3.00
9-28-67 Accts. Payable 16875 B. C. Doherty 10.00
10-09-67 Accts. Payable 20430 A. E. Rosecrans 10.00
9-02-67 Welfare 023367 C. Callahan 9.00
________
$110.22
and
Whereas, Such amounts represented by such stale warrants constitute debts of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury the sum of $110.22, to be paid as follows:
κ1969 Statutes of Nevada, Page 739 (CHAPTER 433, SB 478)κ
W. H. Norton Jr..................................................................................................... $7.00
T. M. Norton............................................................................................................ 7.00
M. Tassone.............................................................................................................. 7.00
B. U. Hooper............................................................................................................ 7.41
K. E. Niles............................................................................................................... 40.00
Jewel Drycleaning & Laundry............................................................................... 1.25
S. Elberger................................................................................................................ 8.56
J. W. Jaurequito....................................................................................................... 3.00
B. C. Doherty......................................................................................................... 10.00
A. E. Rosecrans..................................................................................................... 10.00
C. Callahan............................................................................................................... 9.00
2. The state controller is directed to draw his warrants for the sums specified above, and the state treasurer is directed to pay such warrants.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 483Committee on Federal, State and Local Governments
CHAPTER 434
AN ACT relating to public securities; eliminating conflicting amendments to the charters of the cities of Reno and Sparks.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of Article XVIII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 246, Statutes of Nevada 1967, at page 731, is hereby amended to read as follows:
Section 4. 1. The city council shall have the power to purchase, construct, reconstruct, condemn, install, alter, enlarge, extend, improve, better, equip, furnish, or otherwise acquire one or more of the following facilities, together with necessary components, appurtenances and sites therefor, to wit:
(a) A sanitary sewer system, storm sewer system, municipal transportation system, flood control system or drainage system;
(b) A city hall, police stations, jails, fire stations, courthouses, garages, municipal office buildings, maintenance shops, off-street parking garages, libraries, auditoriums, convention halls, recreation centers, transportation terminals, museums, fallout shelters or public buildings;
(c) Parks, zoos, golf courses, swimming pools, skating rinks or recreational structures;
(d) Airports, garbage disposal facilities, parking lots or public projects;
(e) Streets, alleys, boulevards, highways, overpasses, underpasses, curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;
(f) Vehicles or equipment for any department of the city;
and to wholly or partially defray the cost thereof by the issuance of debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds or notes (hereafter sometimes collectively referred to in this section as securities), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations.
κ1969 Statutes of Nevada, Page 740 (CHAPTER 434, SB 483)κ
bonds or notes (hereafter sometimes collectively referred to in this section as securities), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations. Any power granted by Section 4 of Article XVIII may be exercised on one or more occasions and, if the council deems it appropriate, jointly with any other power granted by said section.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created to additionally secure their payment. The council shall, in the manner provided by law, including with limitation [NRS 350.250,] the Local Government Securities Law as from time to time amended, make an annual levy sufficient to meet the payments of principal and interest on securities issued pursuant to subsection 2 of Section 4 of Article XVIII, as the same become due, provided that the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent that other revenues of the city are available for the payment of such principal and interest.
3. As an alternative to the procedure prescribed by subsection 2 of Section 4 of Article XVIII, the council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and subject to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged. Subject to being included within the limitation on indebtedness of Section 3, Article XVI, their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine.
4. Securities issued pursuant to Section 4 of Article XVIII shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, and shall mature at any time or times from and after such date or dates as the Council may determine, but in no event shall any security be issued to run for a longer period than 30 years from the date of such security. Said securities shall bear interest at a rate or rates not exceeding [6] 7 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first interest payment date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the State as determined by the council; and said securities, at the option of the council, may be in one or more series and may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each security so redeemed as determined by the council.
κ1969 Statutes of Nevada, Page 741 (CHAPTER 434, SB 483)κ
date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the State as determined by the council; and said securities, at the option of the council, may be in one or more series and may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each security so redeemed as determined by the council.
5. Each series of securities issued pursuant to subsection 2 of Section 4 of Article XVIII shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or in any other manner the council may determine.
6. Each series of securities issued pursuant to subsection 3 of Section 4 of Article XVIII may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified nor the estimated duration of any revenues pledged to the payment of said securities, whichever is earlier.
7. Securities issued pursuant to Section 4 of Article XVIII, shall be negotiable in form, fully negotiable within the meaning of and for all purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities, and payable to bearer, subject to any provisions for their registration for payment. Securities may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at the holders option, or for registration for payment only in either manner designated; and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion. Unless registered for payment as to both principal and interest and there thus be no coupons, said securities shall have negotiable interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each set of coupons attached to any security, if interest on said security is represented by coupons, shall be consecutively numbered and each coupon shall bear the number of the security to which it is attached. Said securities shall be signed by the mayor of the city, countersigned by the county treasurer as ex officio city treasurer, and signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer. Any of said officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed.
κ1969 Statutes of Nevada, Page 742 (CHAPTER 434, SB 483)κ
after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed. The clerk of the city may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any security. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the security or coupon, as the case may be. The securities and any coupons thereto attached, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any security or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the securities or coupons appertaining thereto, or upon both the securities and such coupons.
8. Securities issued pursuant to Section 4 of Article XVIII shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by said ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
9. Any ordinance authorizing the issuance of securities pursuant to subsections 2 or 3 of Section 4 of Article XVIII or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
κ1969 Statutes of Nevada, Page 743 (CHAPTER 434, SB 483)κ
or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the city may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
(q) The terms and conditions upon which the holders of the securities, or any portion, percentage or amount of them, may enforce any covenants or provisions made hereunder or duties imposed thereby.
κ1969 Statutes of Nevada, Page 744 (CHAPTER 434, SB 483)κ
or any portion, percentage or amount of them, may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
10. Before offering securities issued pursuant to subsection 2 or subsection 3 of Section 4 of Article XVIII for public sale or before adopting an ordinance authorizing the issuance of such securities which have been privately sold, the council shall submit the question of issuing said securities to the electors of the city at a general election or at a special election which the council may call for that purpose. The question to be submitted at said election shall contain [the] the purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed [6] 7 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine. Whenever the council has ordered an election, the city clerk shall cause notice of the election to be published in some newspaper having a general circulation in the city once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election. Except as hereafter provided, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will he open, which shall be the same as provided for general elections.
(c) The purposes for which the securities are issued.
(d) The maximum amount of the securities.
(e) The maximum rate of interest, not to exceed [6] 7 percent per annum.
(f) The maximum number of years which the securities are to run. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.
κ1969 Statutes of Nevada, Page 745 (CHAPTER 434, SB 483)κ
the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election. Such election shall be held and conducted as nearly as possible as provided by NRS 350.020 to 350.070, both inclusive, as from time to time amended and supplemented, and, to the extent not inconsistent herewith, in the manner provided for the election of city officers. No ordinance, resolution, question of issuing securities or other proceeding of the council adopted in the exercise of the powers conferred by this Section 4 of Article XVIII shall be subject to any referendum or other vote of the electors.
11. The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS [350.120 to 350.160,] 350.616 to 350.626, both inclusive, as from time to time amended, or at private sale. Securities shall be sold for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount of not exceeding [6] 7 percent of the principal amount thereof and at a price which will not result in [a net interest rate to the municipal corporation] an effective interest rate of more than [6] 7 percent per annum. [computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds.] No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided.) The council may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the securities.
12. This Section 4 of Article XVIII, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the acquisition of facilities and the authorization and issuance of securities hereunder. Except as provided by Section 3 of Article XVI of this charter, no other statute or law or provision of this charter with regard to the acquisition of facilities and the authorization or issuance of securities that 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. The powers conferred by this Section 4 of Article XVIII shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter. No part of this Section 4 of Article XVIII shall repeal or affect any other law or part thereof, it being intended that this Section 4 of Article XVIII shall provide a separate method for the city of accomplishing its objectives, and not an exclusive one and this Section 4 shall not be construed as repealing, amending or changing any such other law. This Section 4 of Article XVIII shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.
Sec. 2. Section 15.01 of Article XV of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 140, Statutes of Nevada 1967, at page 261, is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 746 (CHAPTER 434, SB 483)κ
chapter 140, Statutes of Nevada 1967, at page 261, is hereby amended to read as follows:
Section 15.01. 1. The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost to acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
3. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
4. (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding [6] 7 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.
κ1969 Statutes of Nevada, Page 747 (CHAPTER 434, SB 483)κ
series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of such securities so redeemed as determined by the council.
(b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.
(c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.
(d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.
(e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.
(f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.
(g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:
(1) May provide for the initial issuance of one or more securities (in this paragraph (g) called bond) aggregating the amount of the entire issue or any portion thereof.
(2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(3) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(4) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.
κ1969 Statutes of Nevada, Page 748 (CHAPTER 434, SB 483)κ
denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.
(h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council:
(1) Proof of ownership.
(2) Proof of loss or destruction.
(3) A surety bond in twice the face amount of the security and coupons.
(4) Payment of the cost of preparing and issuing the new security.
(i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the treasurer, with the seal of the city affixed thereto and attested by the clerk.
(j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.
(k) Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
(l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
(m) The securities and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
(n) Any officer herein authorized or permitted to sign any security, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the security or coupons pertaining thereto, or upon both the security and such coupons.
(o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
5. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
κ1969 Statutes of Nevada, Page 749 (CHAPTER 434, SB 483)κ
agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
κ1969 Statutes of Nevada, Page 750 (CHAPTER 434, SB 483)κ
permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
(q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
6. The council is hereby authorized to sell securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS [350.120 to 350.160,] 350.616 to 350.626, inclusive, or at private sale. The council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
κ1969 Statutes of Nevada, Page 751 (CHAPTER 434, SB 483)κ
7. Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.
Sec. 3. Sections 110 and 111 of Senate Bill No. 152 and sections 26 and 27 of Senate Bill No. 354 of the 55th session of the Nevada legislature are hereby repealed.
Sec. 4. This act shall become effective:
1. Only if both Senate Bill No. 152 and Senate Bill No. 354 of the 55th session of the Nevada legislature become law; and
2. At a time one minute after the second of such bills to become law does become law.
________
Senate Bill No. 222Committee on Federal, State and Local Governments
CHAPTER 435
AN ACT making comprehensive revisions in chapter 332 of NRS, being the Local Government Purchasing Act.
[Approved April 16, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 332.040 is hereby amended to read as follows:
332.040 1. Except as otherwise provided by law, in letting all contracts where the estimated aggregate amount required to perform the contract [in the aggregate] exceeds $2,500, the governing body shall advertise such contract or contracts twice within a period of [15] 10 days, with at least [10] 5 days intervening between such advertisements.
κ1969 Statutes of Nevada, Page 752 (CHAPTER 435, SB 222)κ
advertise such contract or contracts twice within a period of [15] 10 days, with at least [10] 5 days intervening between such advertisements.
2. Such advertisement shall be by notice to bid to be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication shall be in any newspaper published in the state having general circulation in the county.
3. Such notice shall state:
(a) The nature, character and object of the contract.
(b) If plans and specifications are to constitute part of the contract, where such plans and specifications may be seen.
(c) The time and place where the bids will be received and opened.
(d) Such other matters as may properly pertain to giving notice to bid.
4. No [contract] bid may be [awarded] opened for a period of at least [5] 4 days after the last publication.
Sec. 2. NRS 332.050 is hereby amended to read as follows:
332.050 Except as otherwise provided by law, a governing body may let a contract of any nature without advertising if:
1. The estimated amount required to perform the contract is greater than $1,000 but does not exceed $2,500.
2. [Requests for informal] Informal requests for bids have been submitted to [and such bids have been received from] at least three persons who are capable of performing the contract [.] , unless the item required is a sole source item.
Sec. 3. NRS 332.060 is hereby amended to read as follows:
332.060 1. Except as otherwise provided by law, a governing body or its authorized representative may enter into a contract of any nature without advertising or requesting bids when the estimated amount required to perform the contract is $1,000 or less.
2. Nothing in this section shall prohibit a governing body from advertising for or requesting bids.
Sec. 4. NRS 332.070 is hereby amended to read as follows:
332.070 1. [If the governing body determines by resolution that an emergency exists affecting the public health, safety or welfare, contracts necessary to contend with such emergency shall not be subject to the competitive bidding requirements of this chapter.
2. Any such resolution shall set forth the nature of the danger to public health, safety or welfare.
3. No contract let pursuant to such a resolution may be let in an amount exceeding $10,000.] If the chief administrative officer of the local government determines that an emergency exists affecting the public health, safety or welfare, and if a majority of the governing body at a regular or special meeting concurs in such determination, a contract or contracts necessary to contend with such emergency may be let without complying with the competitive bidding requirements of this chapter.
2. For the purposes of this section, an emergency is one which:
(a) Results from the occurrence of a disaster such as, but not limited to, fire, flood, hurricane or disease; or
(b) May lead to impairment of the health or safety of the public if not immediately attended to.
κ1969 Statutes of Nevada, Page 753 (CHAPTER 435, SB 222)κ
Sec. 5. NRS 332.080 is hereby amended to read as follows:
332.080 When a governing [board] body or its authorized representative has advertised for or requested bids in letting a contract, [such contract shall be let to the lowest bid from a responsible bidder.] the award shall be made to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder will be judged on the basis of price, performance to specifications, bidders qualifications, and the best interest of the public, each of such factors being considered.
Sec. 6. NRS 332.090 is hereby amended to read as follows:
332.090 1. Any [and] or all bids received in response to [an] a formal advertisement [or request for informal bids] may be rejected by the governing body, if such governing body determines that any such bidder is not responsive or responsible or that the quality of [his] the services, supplies, materials, equipment or labor proffered does not conform to requirements or if the public interest would be served by such a rejection.
2. Any or all bids received in response to an informal request for bids may be rejected by the governing body or its authorized representative if such governing body or its authorized representative determines that:
(a) Any such bidder is not responsive or responsible; or
(b) The quality of the services, supplies, materials, equipment or labor proffered does not conform to requirements; or
(c) The public interest would be served by such a rejection.
Sec. 7. NRS 332.110 is hereby amended to read as follows:
332.110 All bids received in response to [an advertisement or a request for informal bids shall be opened publicly at a regular or special meeting of the governing body.] a formal advertisement or an informal request for bids shall be opened publicly at a time and place set by the governing body or its authorized representative.
Sec. 8. NRS 332.120 is hereby amended to read as follows:
332.120 1. No contract awarded may be assigned to any other person without the consent of the governing body.
2. No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body not to be a responsible [bidder for] person to perform the particular contract.
Sec. 9. NRS 332.130 is hereby amended to read as follows:
332.130 1. Bond, with sufficient surety, in such amount as may be determined necessary by the governing [board,] body or its representative, may be required of [all bidders.] each bidder on a particular contract.
2. Any such bond may be to insure proper performance of the contract and save, indemnify and keep harmless the local government against all loss, damages, claims, liabilities, judgments, costs and expenses which may accrue against the local government in consequence of the [granting] awarding of the contract.
Sec. 10. NRS 332.140 is hereby amended to read as follows:
332.140 Contracts which by their nature are not adapted to award by competitive bidding, such as contracts for items which may only be purchased from a single source, [and] contracts for additions to and repairs and maintenance of equipment owned by the local government which may be more efficiently added to, repaired or maintained by a certain person, and contracts for equipment which, by reason of the training of the personnel of or an inventory of replacement parts maintained by, the local government is compatible with the existing equipment owned by the local government, shall not be subject to the competitive bidding requirements of this chapter.
κ1969 Statutes of Nevada, Page 754 (CHAPTER 435, SB 222)κ
and contracts for equipment which, by reason of the training of the personnel of or an inventory of replacement parts maintained by, the local government is compatible with the existing equipment owned by the local government, shall not be subject to the competitive bidding requirements of this chapter.
Sec. 11. NRS 332.150 is hereby amended to read as follows:
332.150 1. No member of [any] the governing body may be interested, directly or indirectly, in any contract entered into by the governing body; but the governing body may purchase supplies, not to exceed [$30] $100 in the aggregate in any 1 calendar month, from such a member, when not to do so would be of great inconvenience [.] due to a lack of other local source.
2. A member who supplies pursuant to subsection 1 shall not vote on the allowance of the claim therefor.
3. A violation of this section is a misdemeanor and cause for removal from office.
Sec. 12. NRS 332.170 is hereby amended to read as follows:
332.170 Any disclosure in advance of the opening of bids, whether in response to advertising or an informal request for [informal] bids, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void the advertisement or request.
Sec. 13. NRS 332.180 is hereby amended to read as follows:
332.180 When purchasing personal property, the governing body may solicit and accept advantageous trade-in allowances for personal property of the governing body which has been determined by the governing body to be no longer required for public use [.] , and may award any bid to the bidder submitting the lowest net bid after deduction of such trade-in allowance.
Sec. 14. NRS 332.190 is hereby amended to read as follows:
332.190 All sales or leases of personal property of the governing body shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property [.] ; but the governing body may sell any such personal property at public auction if it deems such a sale desirable and in the best interests of the local government.
Sec. 15. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 755κ
Assembly Bill No. 89Mr. Homer
CHAPTER 436
AN ACT relating to certain bond elections; changing the form of statement made by registered electors who are property owners; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.050 is hereby amended to read as follows:
349.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days next preceding such election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of any county of the state, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of one or more counties of the state, he shall, after making the required [affidavit,] statement under penalty of perjury, be furnished, by the officers conducting the election, a ballot printed on colored paper.
Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, [an affidavit,] a statement under penalty of perjury, showing that he is the owner of or the spouse of the owner of real property assessed on the assessment rolls in the state.
Sec. 2. NRS 350.050 is hereby amended to read as follows:
350.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days and in the precinct 10 days next preceding the election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall, after making the required [affidavit,] statement under penalty of perjury, be furnished, by the officers conducting the election, a ballot printed on colored paper.
4. Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make, before one of the officers of the election, any of whom is authorized to take the same, [an affidavit] a statement under penalty of perjury, showing that he is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation.
κ1969 Statutes of Nevada, Page 756 (CHAPTER 436, AB 89)κ
5. The provisions of the election laws of this state relating to absent voting shall apply to all bond elections hereunder except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the municipal corporation.
(b) Upon receipt of an application, if the clerk shall determine that the applicant is entitled to vote at the election, the clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the municipal corporation, the clerk shall enclose with the official absent voters ballot a form of [affidavit] statement under penalty of perjury to be executed by the applicant [before a notary public or other officer authorized to administer oaths] showing that he is the owner of or the spouse of the owner of real property in the municipal corporation.
(c) The clerk shall enclose with the official absent voters ballot and the form of [affidavit,] statement under penalty of perjury, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed [affidavit] statement under penalty of perjury showing that he is the owner of or the spouse of the owner of real property in the municipal corporation, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed [affidavit] statement under penalty of perjury of the voter showing that he is the owner of or the spouse of the owner of real property in the municipal corporation, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed [affidavit] statement under penalty of perjury shall be rejected by the election board.
(f) Notwithstanding any other provision of this subsection 5, if a bond question is submitted at a primary election or other general election except for a regular municipal election or at a special county election, the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question is other than the county clerk.
κ1969 Statutes of Nevada, Page 757 (CHAPTER 436, AB 89)κ
the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question is other than the county clerk.
Sec. 3. NRS 387.375 is hereby amended to read as follows:
387.375 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. If a registered elector is the owner of or the spouse of the owner of real property in the county school district, assessed on the assessment roll of the county, he shall, after making the required [affidavit,] statement under penalty of perjury, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, [an affidavit,] a statement under penalty of perjury, showing that he is the owner or the spouse of the owner of real property so assessed in the county school district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in the county school district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4. The provisions of the election laws of this state relating to absent voting shall apply to all school bond elections except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county school district.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner or real property in the county school district, the county clerk shall enclose with the official absent voters ballot a form of [affidavit] statement under penalty of perjury to be executed by the applicant [before a notary public or other officer authorized to administer oaths] showing that he is the owner of or the spouse of the owner of real property in the county school district.
(c) The county clerk shall enclose with the official absent voters ballot and the form of [affidavit,] statement under penalty of perjury, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed [affidavit] statement under penalty of perjury showing that he is the owner of or the spouse of the owner of real property in the county school district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
κ1969 Statutes of Nevada, Page 758 (CHAPTER 436, AB 89)κ
of perjury showing that he is the owner of or the spouse of the owner of real property in the county school district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed [affidavit] statement under penalty of perjury of the voter showing that he is the owner of or the spouse of the owner of real property in the county school district, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed [affidavit] statement under penalty of perjury shall be rejected by the election board.
Sec. 4. NRS 387.570 is hereby amended to read as follows:
387.570 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. If a registered elector is the owner of or the spouse of the owner of real property in a county the area of which is within the joint school district, assessed on the assessment roll of the county, he shall, after making the required [affidavit,] statement under penalty of perjury, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, [an affidavit,] a statement under penalty of perjury, showing that he is the owner or the spouse of the owner of real property so assessed in the county the area of which is within the joint school district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in a county the area of which is within the joint school district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4. The provisions of the election laws of this state relating to absent voting shall apply to all school bond elections except:
κ1969 Statutes of Nevada, Page 759 (CHAPTER 436, AB 89)κ
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, the county clerk shall enclose with the official absent voters ballot a form of [affidavit] statement under penalty of perjury to be executed by the applicant [before a notary public or other officer authorized to administer oaths] showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
(c) The county clerk shall enclose with the official absent voters ballot and the form of [affidavit,] statement under penalty of perjury, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with [executed affidavit] the executed statement under penalty of perjury showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed [affidavit] statement under penalty of perjury of the voter showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed [affidavit] statement under penalty of perjury shall be rejected by the election board.
________
κ1969 Statutes of Nevada, Page 760κ
Assembly Bill No. 263Committee on Transportation
CHAPTER 437
AN ACT relating to driving while under the influence of intoxicating liquor or drugs; separating these offenses and extending the scope thereof; providing penalties; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.050 is hereby amended to read as follows:
484.050 1. It [shall be] is unlawful for any person [, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state.
2.] who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle on any highway.
2. It is unlawful for any person who is under the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle on a highway. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state does not constitute a defense against any charge of violating this subsection.
3. Any person who violates the provisions of this section [shall be] is guilty of a misdemeanor. The convicted persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.
[3.] 4. Upon a subsequent conviction within 10 years for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 and by imprisonment in the county jail for not less than 10 days nor more than 6 months. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
[4.] 5. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
Sec. 2. NRS 483.460 is hereby amended to read as follows:
483.460 The department shall forthwith revoke the license of any operator or chauffeur upon receiving a record of such operators or chauffeurs conviction of any of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the operation of a motor vehicle.
2. A second conviction of driving a motor vehicle while under the influence of intoxicating liquor or [a narcotic drug;] the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or of inhalation, ingestion, application or other use of any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders the driver incapable of safely driving; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection [3] 4 of NRS 484.050.
κ1969 Statutes of Nevada, Page 761 (CHAPTER 437, AB 263)κ
organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders the driver incapable of safely driving; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection [3] 4 of NRS 484.050.
3. Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
5. Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or operation of motor vehicles.
6. Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
Sec. 3. Section 38 of Assembly Bill No. 270 of the 55th session of the Nevada legislature is hereby repealed.
Sec. 4. NRS 483.460 is hereby amended to read as follows:
483.460 [The] Unless otherwise provided by law, the department shall forthwith revoke, for a period of 1 year, the license of any [operator or chauffeur] driver upon receiving a record of such [operators or chauffeurs] drivers conviction of any of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the [operation] driving of a motor vehicle.
2. A second conviction of driving a motor vehicle while under the influence of intoxicating liquor or the influence of any narcotic drug as defined in NRS 453.020, dangerous drug as defined in NRS 454.220 or hallucinogenic drug as defined in NRS 454.460, or of inhalation, ingestion, application or other use of any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders the driver incapable of safely driving; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection 4 of NRS 484.050.
3. Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
5. Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, and sections 2 to 7, inclusive, of Assembly Bill No. 270 of the 55th session of the Nevada legislature, or under any other law relating to the ownership or [operation] driving of motor vehicles.
6. Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
Sec. 5. Sections 1, 2 and 3 of this act and this section shall become effective upon passage and approval. Section 4 of this act shall become effective on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 762κ
Assembly Bill No. 274Messrs. Ashworth and Bowler
CHAPTER 438
AN ACT relating to industrial insurance; establishing a maximum amount to be deemed earned by an employee for the purposes of premium payments by an employer.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.400 is hereby amended to read as follows:
616.400 1. Every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the commission with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the month; and
(b) A segregation of employment in accordance with the requirements of the commission,
together with the premium due thereon.
2. In determining the total amount paid to employees for services performed during a year, the maximum amount earned by any one employee during the year shall be deemed to be $15,600.
3. Any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than 60 days.
[3.] 4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 shall operate as a rejection of this chapter, effective at the expiration of the period covered by his estimate.
[4.] 5. If an audit of the accounts or actual payroll of such employer shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate.
[5.] 6. The commission shall diligently proceed, by use of registered mail or by other suitable means, to notify any employer and his representative or his representative of any failure on his part to comply with the foregoing provisions; but such notice or its omission shall in no way modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
________
κ1969 Statutes of Nevada, Page 763κ
Assembly Bill No. 273Messrs. Close, McKissick, Miss Foote, Messrs. Mello, Bowler and Lowman
CHAPTER 439
AN ACT relating to the solemnization of marriages; providing for a commissioner of civil marriages; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.030 is hereby amended to read as follows:
122.030 [The] 1. With respect to any marriage solemnized prior to January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy of such record duly certified by the recorder, shall be received in all courts and places as presumptive evidence of the fact of the marriage.
2. With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy of such record duly certified by the recorder, shall be received in all courts and places as presumptive evidence of the fact of the marriage.
Sec. 2. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license shall be substantially in the following form:
Marriage License
|
State of Nevada
County of................................. |
} |
ss. |
These presents are to authorize any minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within [his county,] a township wherein he is permitted to solemnize marriages, or any commissioner of civil marriages or his deputy within a commissioner township wherein they are permitted to solemnize marriages, to join in marriage . of .., in the county of .., State of .. Previously married? .. Wife deceased? .. Divorced? .. When? .. Where? .. [On what grounds? ..] And .. of .., in the county of .., State of .. Previously married? .. Husband deceased? .. Divorced? .. When? .. Where? ..; [On what grounds? ..;] and to certify the same according to law.
Witness my hand and the seal of the district court of the .. judicial district of the State of Nevada, in and for the county of .., this . day of .. A.D. 19 ...
.......................................................
(Seal) Clerk
.......................................................
Deputy clerk
κ1969 Statutes of Nevada, Page 764 (CHAPTER 439, AB 273)κ
Sec. 3. NRS 122.080 is hereby amended to read as follows:
122.080 1. After receipt of the marriage license previously issued to persons wishing to be married as provided in NRS 122.040 and 122.050, it shall be lawful for any justice of the supreme court, or for any judge of the district court, or any justice of the peace in his township [,] if it is not a commissioner township, or any commissioner of civil marriages within his county and within a commissioner township therein, or any deputy commissioner of civil marriages within the county of his appointment and within a commissioner township therein, to join together as husband and wife all persons not prohibited by this chapter.
2. Nothing in this section shall be construed to prohibit:
(a) A justice of the peace of one township, while acting in the place and stead of the justice of the peace of any other township, from performing marriage ceremonies within the other township [.] , if such other township is not a commissioner township.
(b) A justice of the peace of one township performing marriages in another township of the same county where there is no duly qualified and acting justice of the peace [.] , if such other township is not a commissioner township.
3. Any justice of the peace in the state who solemnizes marriages or performs marriage ceremonies in a commissioner township is guilty of a misdemeanor.
Sec. 4. NRS 122.090 is hereby amended to read as follows:
122.090 No marriage solemnized before any person professing to be a judge, justice, [or] minister, commissioner of civil marriages or deputy commissioner of civil marriages shall be deemed or adjudged to be void, nor shall the validity thereof be in any way affected on account of any want of jurisdiction or authority, provided it be consummated with a full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage.
Sec. 5. NRS 122.110 is hereby amended to read as follows:
122.110 1. In the solemnization of marriage, no particular form shall be required except that the parties shall declare, in the presence of the justice, judge, minister [or magistrate,] , justice of the peace, commissioner of civil marriages or deputy commissioner of civil marriages, and the attending witnesses, that they take each other as husband and wife.
2. In every case there shall be at least two witnesses present besides the person performing the ceremony.
Sec. 6. NRS 122.130 is hereby amended to read as follows:
122.130 1. Every person solemnizing a marriage shall make a record thereof, and within 30 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.
2. The certificate may be in the following form:
|
State of Nevada
County of................................. |
} |
ss. |
This is to certify that the undersigned, a [justice of the peace of .. County (] minister of the gospel, [judge or justice,] (judge, justice of the peace of .. County, commissioner of civil marriages or deputy commissioner of civil marriages, as the case may be), did on the ..
κ1969 Statutes of Nevada, Page 765 (CHAPTER 439, AB 273)κ
or deputy commissioner of civil marriages, as the case may be), did on the .. day of .., A.D. 19 , at .......................... (address or church) .., .. (city) .. , join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F. and G.H., witnesses.
.......................................................
[Justice of the Peace]
Title
3. All certificates shall be recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he shall receive the fees designated in subsection 2 of NRS 122.060.
Sec. 7. NRS 122.220 is hereby amended to read as follows:
122.220 1. It shall be unlawful for any supreme court justice, judge of a district court, [in his district,] or justice of the peace, [in his county,] or minister of any religious society or congregation, [within this state,] commissioner of civil marriages or deputy commissioner of civil marriages to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage shall exhibit to him a license from the county clerk as provided by law.
2. Any judge of a district court, or justice of the peace, or minister, or commissioner of civil marriages or deputy commissioner of civil marriages violating the provisions of subsection 1 shall be guilty of a misdemeanor.
Sec. 8. Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth in sections 9 to 22, inclusive, of this act.
Sec. 9. As used in this chapter, commissioner township means:
1. Until January 1, 1973, a township in which, at the close of registration for the last preceding general election, there were 8,000 or more registered voters.
2. On and after January 1, 1973, a township in which, at the close of registration for the last preceding general election, there were 6,000 or more registered voters.
Sec. 10. The county clerk for each county in which a commissioner township is located shall be commissioner of civil marriages for such township. The commissioner of civil marriages shall solemnize marriages within each commissioner township located within his county. The county clerk shall not receive additional compensation for acting in the capacity of commissioner of civil marriages.
Sec. 11. 1. The commissioner of civil marriages may appoint deputy commissioners of civil marriages, who shall solemnize marriages in commissioner townships under the direction of the commissioner, and who shall perform such other duties as the commissioner may direct. A deputy commissioner of civil marriages shall not solemnize marriages at any time other than during the working hours or shift which he is employed.
2. The deputy commissioners of civil marriages shall be employees of the county clerks office, shall be compensated by salary and by such other benefits as are available to other county personnel regularly employed in the same county clerks office. The compensation of any deputy commissioner of civil marriages shall not be based in any manner upon the number or volume of marriages that he may solemnize in the performance of his duties.
κ1969 Statutes of Nevada, Page 766 (CHAPTER 439, AB 273)κ
upon the number or volume of marriages that he may solemnize in the performance of his duties.
3. In counties which contain commissioner townships and in which deputy commissioners of civil marriages are employed, no more than two deputy commissioners shall be on duty within the courthouse of such county for the purpose of solemnizing marriages at any one time.
Sec. 12. The county shall provide a suitable area separate from the marriage license bureau or other place where marriage licenses are issued for the solemnizing of marriages. The area shall be appropriately furnished by the county to provide a tranquil atmosphere and the solemnizing ceremony shall be privately conducted in a dignified manner without haste.
Sec. 13. The county shall provide suitable office space, office equipment, office supplies, and secretarial or other clerical personnel necessary for the proper operation of the office of the commissioner of civil marriages, and all personnel engaged in the operation of such office shall be employees of the county clerks office.
Sec. 14. (Deleted by amendment.)
Sec. 15. The commissioner of civil marriages or his deputy commissioner of civil marriages is entitled to receive as his fee for solemnizing a marriage during regular office hours on weekdays the sum of not more than $15. The fee for solemnizing a marriage on Saturdays, Sundays, holidays or during any hours other than regular business hours is not more than $20. All fees received for solemnizing marriages by the commissioner or his deputy shall be deposited in the county general fund.
Sec. 16. (Deleted by amendment.)
Sec. 17. The hours of operation for the office of the commissioner of civil marriages shall be established by the commissioner in his sole discretion.
Sec. 18. The office of the commissioner of civil marriages and each room therein shall prominently display on the wall, or other appropriate place, a sign informing all people who avail themselves of the services of the commissioner of civil marriages of the following facts:
1. That the solemnization of the marriage by the commissioner of civil marriages is not necessary for a valid marriage and that the parties wishing to be married may have a justice of the peace within a township where such justice of the peace is permitted to perform marriages, or any minister of their choice who holds a valid certificate within the state perform the ceremony;
2. The amount of the fee to he charged for solemnization of a marriage, including any extra charge to be made for solemnizing a marriage after regular working hours in the office of the commissioner of civil marriages;
3. That all fees charged are paid into the county general fund of the particular county involved;
4. That other than the statutory fee, the commissioner of civil marriages and the deputy commissioners of civil marriages are precluded by law from receiving any gratuity fee or remuneration whatsoever for solemnizing a marriage; and
κ1969 Statutes of Nevada, Page 767 (CHAPTER 439, AB 273)κ
5. That if the commissioner of civil marriages, any deputy commissioner of civil marriages, or any other employee in the office of the commissioner or in the office of the county clerk solicits such an extra gratuity fee or other remuneration, the matter should be reported to the district attorney for such county.
Sec. 19. No other fee may be charged or received by the commissioner of civil marriages for solemnizing a marriage or for any other pertinent service other than the fee established, by section 15 of this act.
Sec. 20. The commissioner of civil marriages, and all of the county clerks employees, shall not solicit, accept or receive any gratuity, remuneration or fee whatsoever for the solemnizing of marriages and shall not participate in or receive the benefits of any fees solicited or received by any other person.
Sec. 21. Signs may be displayed to inform any person of the location of the office of the commissioner of civil marriages. Such signs shall have printed thereon only the following words: Office of the Commissioner of Civil Marriages. Such signs shall be displayed in a conservative manner commensurate with the dignified function of the office of the commissioner of civil marriages.
Sec. 22. Any person who violates any provision of sections 9 to 22, inclusive, of this act is guilty of a misdemeanor.
Sec. 23. This act shall become effective on January 1, 1971.
________
Assembly Bill No. 323Mr. Howard
CHAPTER 440
AN ACT relating to television maintenance facilities; providing that no franchise may be granted by a local government, or certificate of public convenience and necessity issued by the public service commission of Nevada, to any television company in certain counties where a television district has been organized, without the approval of the voters of such district.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.185 is hereby amended to read as follows:
244.185 1. [The] Except as provided in section 5 of this act, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of county property or that portion of the county dedicated to public use for the maintenance of cables or wires, underground, on the surface or on poles, for the transmission of the television picture.
2. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this section, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.
κ1969 Statutes of Nevada, Page 768 (CHAPTER 440, AB 323)κ
of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.
Sec. 2. NRS 266.305 is hereby amended to read as follows:
266.305 [The] Except as provided in section 5 of this act, the city council shall have the power to contract with, authorize or grant any person, company or association a franchise 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 picture.
Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Before the city council or other governing body of any incorporated city or town in any county having a population of less than 50,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, grants a franchise to any person, company or association to construct, maintain and operate a television installation system where a general improvement district has been formed in the county where such city or town is located, to exercise the powers conferred by NRS 318.1192, such city council or governing body shall notify the board of county commissioners of such county of its intention to grant such a franchise. Such franchise shall not be granted unless it is approved by the qualified electors of such district in the manner prescribed in section 5 of this act.
Sec. 4. NRS 269.125 is hereby amended to read as follows:
269.125 1. In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners shall have the power and duty to hold, manage, use and dispose of the real and personal property of any unincorporated town or city and the board of county commissioners shall collect all dues and demands belonging to or coming to the same. No sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of the town or city, appointed by a district judge of the county, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value.
2. [The] Except as provided in section 5 of this act, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association, with the approval of the town board involved, a franchise to construct, maintain and operate a television installation system which requires the use of the property of any unincorporated town in the county or that portion of the unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this subsection, and a member of any board of county commissioners shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of NRS 244.320.
Sec. 5. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any area where a general improvement district has been formed which exercises the powers conferred by NRS 318.1192, in a county having a population of less than 50,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, no franchise may be granted under NRS 244.185, 266.305, 269.125 and section 3 of this act and no certificate of public convenience and necessity may be issued under chapter 711 of NRS, unless approved by the qualified electors of such district.
κ1969 Statutes of Nevada, Page 769 (CHAPTER 440, AB 323)κ
which exercises the powers conferred by NRS 318.1192, in a county having a population of less than 50,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, no franchise may be granted under NRS 244.185, 266.305, 269.125 and section 3 of this act and no certificate of public convenience and necessity may be issued under chapter 711 of NRS, unless approved by the qualified electors of such district.
2. The board of county commissioners of the county where such a district is located shall order that the question of approval of such franchise or certificate be voted upon by the qualified electors of such district not less than 30 days nor more than 90 days after such franchise is approved by the county commissioners or notice is received of approval by the city council or of readiness to issue such certificate by the public service commission of Nevada. If no regular election is to be held within the period prescribed in this subsection, the board of county commissioners shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general election. The general election laws of the state shall apply to any special election held under the provisions of this section.
Sec. 6. Chapter 711 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Before the commission issues a certificate of public convenience and necessity to any CATV company in any county having a population of less than 50,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, where a general improvement district has been organized which exercises the powers conferred by NRS 318.1192, it shall notify the board of county commissioners in such county of its readiness to issue such certificate. Such certificate shall not be issued unless it is approved by the qualified electors of such district in the manner prescribed in section 5 of this act.
________
Assembly Bill No. 351Mr. Torvinen
CHAPTER 441
AN ACT relating to abandoned vehicles; providing for the removal of certain vehicles; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.250 is hereby amended to read as follows:
487.250 1. [If the vehicle is appraised at a value of $100 or less the] The department or political subdivision shall, within 48 hours after the appraisal:
(a) Notify the director of the department of the removal of the vehicle. The notice shall contain:
(1) A description of the vehicle.
κ1969 Statutes of Nevada, Page 770 (CHAPTER 441, AB 351)κ
(2) The appraised value of the vehicle.
(3) A statement as to whether the vehicle will be junked or dismantled.
(b) Notify the director of the Nevada highway patrol.
(c) Notify the registered owner and any person having a security interest in the vehicle by registered mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds [within 15 days] and pays the costs of removal.
2. Failure to reclaim [the vehicle] within 15 days after official notification a vehicle appraised at $100 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.
3. If all recorded interests in [the vehicle] a vehicle appraised at $100 or less are waived, either as provided in subsection 2 or by written disclaimer by any person having an interest in the vehicle, the department shall issue a certificate of dismantling.
Sec. 2. NRS 487.270 is hereby amended to read as follows:
487.270 1. Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage shall have a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.
2. If the vehicle is appraised at a value of more than $100 and is not reclaimed within 90 days, the owner of the garage may satisfy his lien [as provided in NRS 484.280.] , in accordance with the provisions of NRS 108.267 to 108.360, inclusive.
Sec. 3. NRS 487.280 is hereby repealed.
________
Assembly Bill No. 367Committee on Agriculture
CHAPTER 442
AN ACT relating to livestock; providing for the collection of a tax for meat-promotion efforts; providing for the disposition of such tax; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection fund is hereby created in the state treasury for the use of the department.
2. The following special taxes, fees and moneys shall be deposited in the livestock inspection fund:
(a) All special taxes on livestock as provided by law [.] , except the tax levied pursuant to section 3 of this act.
(b) Fees and moneys collected pursuant to the provisions of NRS 564.010 to 564.150, inclusive.
κ1969 Statutes of Nevada, Page 771 (CHAPTER 442, AB 367)κ
(c) Fees collected pursuant to the provisions of [NRS 565.010 to 565.170, inclusive.] chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.
(e) Fees collected under the provisions of NRS 573.010 to 573.190, inclusive.
(f) Fees collected under the provisions of NRS 576.010 to 576.150, inclusive.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as may be necessary under the provisions of chapter 571 of NRS.
3. Expenditures from the livestock inspection fund shall be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
Sec. 2. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The Nevada beef promotion fund account is hereby created in the state treasury. The proceeds of the special tax on cattle levied pursuant to section 3 of this act shall be deposited in this fund account, and all refunds made pursuant to section 3 of this act shall be paid from this fund account.
2. On or before June 30 of each year, the state controller shall draw his warrant in favor of the National Livestock and Meat Board for the amount in the Nevada beef promotion fund account and shall transmit such warrant to the payee through the executive director, to be used to promote the consumption of domestic beef and beef products and for the general benefit of beef producers.
Sec. 3. Chapter 575 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state department of agriculture shall fix an annual special tax, to be known as the beef promotion tax, on all cattle appearing on the tax rolls, the rate of which shall not exceed 5 cents per head. The department shall send notice of the rate of this special tax to each board of county commissioners prior to the annual levy of taxes, and the board shall include this tax at the rate fixed in such annual levy. The special tax shall be collected as other taxes, and the proceeds transmitted to the state treasurer for deposit in the Nevada beef promotion fund account.
2. During the month of April, any person who has paid the special tax levied pursuant to this section may file a claim for refund with the department, accompanied by a receipt showing such payment. Upon verification of the correctness of the claim, the department shall transmit it to the state controller for payment from the Nevada beef promotion fund.
Sec. 4. This act shall become effective upon passage and approval for the purpose of fixing and levying the beef promotion tax to be collected during the fiscal year beginning July 1, 1971. For all other purposes, this act shall become effective July 1, 1969.
________
κ1969 Statutes of Nevada, Page 772κ
Assembly Bill No. 382Mr. Close, Mrs. Brookman, Messrs. Wilson and Bowler
CHAPTER 443
AN ACT relating to county government; providing powers for county governments for promoting civil and equal rights; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to powers elsewhere conferred upon counties, any county may institute a program of discussion and conciliation for the realization of civil and equal rights of residents of the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 492Messrs. Mello, Howard, Close, Branch, May, Wilson and Schouweiler
CHAPTER 444
AN ACT relating to the state apprenticeship council; providing salaries for members when attending meetings of the council; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 610.080 is hereby amended to read as follows:
610.080 1. Each member of the state apprenticeship council shall receive a salary of $25 per day while attending state apprenticeship council meetings.
2. All members of the state apprenticeship council and the state director of apprenticeship shall be allowed their necessary travel and living expenses while attending state apprenticeship council meetings away from their respective places of residence. Such expenses shall be paid at the same rate and in the same manner as other state officers like expenses are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 773κ
Assembly Bill No. 614Mrs. Brookman, Messrs. Close and Wilson
CHAPTER 445
AN ACT relating to civil and equal rights; authorizing cities to institute and fund programs for the realization of such rights; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to powers elsewhere conferred upon cities, any city may institute a program of discussion and conciliation for the realization of civil and equal rights of residents of the city.
2. As used in this section, city means an incorporated city or an incorporated town.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 660Mr. Torvinen
CHAPTER 446
AN ACT providing for the protection and propagation of native fauna and flora; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. 1. The legislature finds that:
(a) The economic growth of the State of Nevada has been attended with some serious and unfortunate consequences. Nevada has experienced the extermination or extirpation of some of her native species of animals, including fish and vertebrate wildlife. Serious losses have occurred and are occurring in other species of native wild animals with important economic, educational, historical, political, recreational, scientific and aesthetic values.
(b) The people of the State of Nevada have an obligation to conserve and protect the various species of native fish and wildlife that are threatened with extinction.
2. The purpose of sections 2 to 7, inclusive, of this act, is to provide a program for the:
(a) Conservation, protection, restoration and propagation of selected species of native fish and other vertebrate wildlife, including migratory birds; and
(b) Perpetuation of the populations and habitats of such species.
κ1969 Statutes of Nevada, Page 774 (CHAPTER 446, AB 660)κ
Sec. 3. A species or subspecies of native fish, wildlife and other fauna shall he regarded as threatened with extinction when the commission, after consultation with competent authorities, determines that its existence is endangered and its survival requires assistance because of overexploitation, disease or other factors or its habitat is threatened with destruction, drastic modification or severe curtailment. Any animal so declared to be threatened with extinction shall be placed on the list of fully protected species, and no member of its kind may be captured, removed or destroyed at any time by any means except under special permit issued by the commission.
Sec. 4. Where any bird, mammal or other wildlife which is declared to be in danger of extinction pursuant to section 3 of this act is found to be destructive of domestic animals or fowl or a menace to health, the commission may provide for its destruction or its removal, alive, for translocating.
Sec. 5. The commission shall utilize the land acquisition authority vested in it by chapter 504 of NRS and its land management authority to carry out a program for conserving, protecting, restoring and propagating selected species of native fish, wildlife and other vertebrates and their habitats which are threatened with extinction and destruction.
Sec. 6. The governor shall review the programs which he administers and, to the extent practicable, utilize such programs in furtherance of the purpose of sections 2 to 7, inclusive, of this act, and shall encourage other state and federal agencies to use their authorities in such a manner.
Sec. 7. In carrying out the program authorized by sections 2 to 7, inclusive, of this act, the director of fish and game shall cooperate, to the maximum extent practicable, with other states and with the counties in the State of Nevada, and he may enter into agreements with such other states and counties and with other legal entities for the administration and management of any area established pursuant to sections 2 to 7, inclusive, of this act, for the conservation, protection, restoration and propagation of species of native fish, wildlife and other fauna which are threatened with extinction.
Sec. 8. Any person who kills, injures, captures, pursues, transports, possesses dead or alive or employs in falconry any hawk or other birds of prey known as raptors, except under a permit granted by the director of fish and game, is guilty of a misdemeanor.
Sec. 9. The director of fish and game may issue permits for the capture, sale, transporting or possession of any species, native or otherwise, of owl, hawk or other birds of prey, including all raptors, or of the skin, plumage or other parts thereof if such species has been declared by the director of fish and game to be abundant or harvestable.
Sec. 10. 1. Any person who practices falconry or trains birds of prey shall obtain a license for such purpose from the state board of fish and game commissioners. The fees for such licenses shall be set by the director of fish and game.
2. License applications shall be accompanied by evidence of the applicants legal residence in Nevada and by affidavits from two licensed or recognized falconers certifying as to the competency of the applicant properly to care for birds of prey and to engage in falconry.
3. The holder of a license issued pursuant to this section shall file with the director of fish and game an annual report enumerating and describing the captures and losses of birds of prey during the year and showing a record of the prey captured.
κ1969 Statutes of Nevada, Page 775 (CHAPTER 446, AB 660)κ
with the director of fish and game an annual report enumerating and describing the captures and losses of birds of prey during the year and showing a record of the prey captured. The licensee may obtain from the wild or by purchase only two birds per year and may have no more than two birds in possession or under license.
4. Birds of prey shall not be taken, captured or disturbed during the months in which they breed.
5. This section does not prohibit the capture or killing of a hawk or an owl by holders of scientific collecting permits, except that rare and endangered species cannot be killed by holders of scientific collecting permits or holders of licenses issued pursuant to this section.
Sec. 11. Chapter 527 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 17, inclusive, of this act.
Sec. 12. 1. The legislature finds that:
(a) The economic growth of the State of Nevada has been attended with some serious and unfortunate consequences. Nevada has experienced the extermination or extirpation of some of her native species of flora. Serious losses have occurred and are occurring in other species of flora with important economic, educational, historical, political, recreational, scientific and aesthetic values.
(b) The people of the State of Nevada have an obligation to conserve and protect the various species of flora which are threatened with extinction.
2. The purpose of sections 12 to 17, inclusive, of this act is to provide a program for the conservation, protection, restoration and propagation of selected species of flora and for the perpetuation of the habitats of such species.
Sec. 13. A species or subspecies of native flora shall be regarded as threatened with extinction when the state forester firewarden, after consultation with competent authorities, determines that its existence is endangered and its survival requires assistance because of overexploitation, disease or other factors or because its habitat is threatened with destruction, drastic modification or severe curtailment. Any species declared to be threatened with extinction shall be placed on the list of fully protected species, and no member of its kind may be removed or destroyed at any time by any means except under special permit issued by the state forester firewarden.
Sec. 14. Where any species of flora which is declared to be in danger of extinction pursuant to section 13 of this act is found to be dangerous to domestic animals or fowl or a menace to health, the state forester firewarden may provide for its destruction or its removal, alive, for translocating.
Sec. 15. (Deleted by amendment.)
Sec. 16. The governor shall review the programs which he administers and, to the extent practicable, utilize such programs in furtherance of the purpose of sections 12 to 17, inclusive, of this act and shall encourage other state and federal agencies to use their authorities in such a manner.
Sec. 17. In carrying out the program authorized by sections 12 to 17, inclusive, of this act, the state forester firewarden shall cooperate, to the maximum extent practicable, with other states and with the counties in the State of Nevada, and he may enter into agreements with such other states and counties and with other legal entities for the administration and management of any area established pursuant to sections 12 to 17, inclusive, of this act, for the conservation, protection, restoration and propagation of species of native flora which are threatened with extinction.
κ1969 Statutes of Nevada, Page 776 (CHAPTER 446, AB 660)κ
states and counties and with other legal entities for the administration and management of any area established pursuant to sections 12 to 17, inclusive, of this act, for the conservation, protection, restoration and propagation of species of native flora which are threatened with extinction.
________
Assembly Bill No. 205Messrs. Lowman, Torvinen, Smith, Bryan, Reid, Branch, Close, McKissick, Swallow and Kean
CHAPTER 447
AN ACT creating the narcotics and dangerous drug division under the administration of the state board of parole commissioners; defining terms; providing for the appointment of an administrator and prescribing his qualifications; defining the powers and duties of the division; creating funds for the administration of the division; making an appropriation; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in this chapter, administrator means the chief of the narcotic and dangerous drug division.
Sec. 3. 1. There is hereby created under the administration of the state board of parole commissioners a narcotic and dangerous drug division.
2. The chief parole and probation officer shall supervise all administrative activities of such division.
Sec. 4. The administrator shall be appointed by the chief parole and probation officer with the consent of the state board of parole commissioners.
Sec. 5. 1. The administrator shall have:
(a) At least 10 years experience as a peace officer, at least four of which shall have been in a supervisory capacity.
(b) A background of experience in drug violation investigative procedures and a thorough knowledge of the nature and complications of drug abuse.
2. The administrator shall:
(a) Receive an annual salary in the amount specified in NRS 281.115.
(b) Be allowed the per diem expense allowances and travel expenses fixed by law.
Sec. 6. 1. The administrator shall employ such agents and technical and clerical staff as may be necessary to the operation of the narcotic and dangerous drug division in accordance with the provisions of chapter 284 of NRS.
2. For the purposes of the administration of this chapter, the administrator and agents assisting local law enforcement agencies in investigation of alleged violations of laws relating to the use, possession or sale of narcotic or dangerous drugs are invested with the powers of a peace officer of the State of Nevada.
κ1969 Statutes of Nevada, Page 777 (CHAPTER 447, AB 205)κ
narcotic or dangerous drugs are invested with the powers of a peace officer of the State of Nevada.
Sec. 7. The narcotic and dangerous drug division shall:
1. Promote and operate programs to disseminate information to the people of this state concerning the dangers of narcotic and dangerous drug use.
2. Provide laboratory facilities for the assistance of law enforcement agencies in investigating and prosecuting violations of laws relating to the use, possession or sale of narcotic and dangerous drugs.
3. Provide personnel upon the request of a local law enforcement agency to assist in the investigation of alleged violations of laws relating to the use, possession or sale of narcotic or dangerous drugs.
4. Provide a system for recording all information received by it relating to persons who have allegedly violated any criminal law of this state when in the investigation of such violation it appeared that there was some connection with narcotic or dangerous drugs.
5. Furnish, upon application from a law enforcement agency, all information pertaining to any person of which there is a record.
Sec. 8. Every sheriff and chief of police shall furnish to the narcotic and dangerous drug division, on forms prepared by the division, all information obtained in the investigation or prosecution of any person who has allegedly violated any criminal law of this state when in the investigation of such violation it appeared there was some connection with narcotic or dangerous drugs.
Sec. 9. The narcotic and dangerous drug division may accept any gifts or bequests of personal property, tangible or intangible.
Sec. 10. The narcotic and dangerous drug division may accept:
1. Funds appropriated and made available by any Act of Congress for any program administered by the division as provided by law.
2. Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for any program administered by the division as provided by law.
3. Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the division as provided by law.
Sec. 11. The administrator may fix reasonable fees for the sale of miscellaneous printed materials pertaining to narcotic and dangerous drugs which are purchased or prepared by the narcotic and dangerous drug division.
Sec. 12. 1. The narcotic and dangerous drug receipts fund account is hereby created in the state treasury for the use of the narcotic and dangerous drug division.
2. All fees and moneys received by the narcotic and dangerous drug division under the provisions of sections 9 to 11, inclusive, of this act shall be deposited in such fund account.
3. Expenditures from the fund account shall be made only for the purposes authorized in this chapter.
4. All moneys in the fund account shall be paid out on claims approved by the administrator as other claims against the state are paid.
Sec. 13. Moneys to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund, and except as provided in section 14 of this act shall be paid out on claims as other claims against the state are paid.
κ1969 Statutes of Nevada, Page 778 (CHAPTER 447, AB 205)κ
except as provided in section 14 of this act shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the administrator before they are paid.
Sec. 14. 1. There is hereby created the narcotic and dangerous drug investigative fund account in the state treasury.
2. The administrator may, from time to time, withdraw from such fund account such sums as he determines necessary to assist local law enforcement agencies or the narcotic and dangerous drug division in the purchase of narcotic or dangerous drugs for evidence and in the employment of persons other than peace officers to obtain evidence. The administrator may keep such sums in a bank account or in cash.
3. Upon the written request of the administrator for the withdrawal of any such sum, the state controller is directed to draw his warrant in favor of the administrator in an amount not to exceed the legislative appropriation or any limitations set on such appropriation by the legislature.
Sec. 15. 1. For the period from the effective date of this act to July 1, 1969, there is hereby appropriated from the general fund in the state treasury the sum of $7,851 for the support of the narcotic and dangerous drug division of the state board of parole commissioners. Of the moneys appropriated by this subsection not more than $6,351 may be expended for salaries and payroll costs; not more than $500 may be expended for travel within the state; and not more than $1,000 may be expended for operating expenses. No equipment may be acquired.
2. Any moneys remaining unexpended on September 30, 1969, of the amount appropriated by subsection 1 shall revert to the general fund in the state treasury.
Sec. 16. This act shall become effective upon passage and approval.
________
Assembly Bill No. 149Messrs. Lowman and Smith
CHAPTER 448
AN ACT relating to the acquisition of public buildings; creating the Nevada building authority; providing for the issuance of bonds and other securities; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 27 of NRS is hereby amended by adding thereto a new chapter, to consist of the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Agency includes the University of Nevada.
2. Authority means the Nevada building authority.
3. Board includes the board of regents of the University of Nevada.
Sec. 3. 1. There is hereby created the Nevada building authority, a body corporate and politic, to consist ex officio of the members of the state planning board.
κ1969 Statutes of Nevada, Page 779 (CHAPTER 448, AB 149)κ
body corporate and politic, to consist ex officio of the members of the state planning board.
2. The manager of the state planning board shall serve as secretary of the authority without additional compensation.
Sec. 4. 1. The authority shall hold regular and stated meetings at such times and places as may be necessary to perform properly all duties required of the authority.
2. Five members of the authority shall constitute a quorum.
3. The secretary of the authority shall keep a record of all proceedings of the authority and shall preserve all papers, documents and records belonging to the authority.
Sec. 5. The purposes of the authority are to:
1. Build and otherwise provide administrative, office and other facilities for use by the State of Nevada and its agencies;
2. Conduct continuous studies into the need for such facilities; and
3. Serve the legislature of the State of Nevada by making reports and recommendations concerning the provision of such facilities.
Sec. 6. The authority shall:
1. Make thorough and continuous investigations of the needs of the State of Nevada for office structures, including:
(a) Necessary electric, gas, steam and water utilities as a part thereof; and
(b) Administrative and storage facilities of every kind deemed by the authority necessary or convenient for the efficient operation of any unit which is a part of any department, board, commission or other agency of the State of Nevada.
2. Obtain estimates of the cost of any such building project it deems necessary or convenient for the efficient operation of any unit of the state, and formulate and recommend a list of such projects.
3. Present a report, including its recommendations, to the governor not later than the first day of November immediately preceding the convening of each regular session of the legislature, and present a duplicate of such report to the legislature.
Sec. 7. 1. The authority may:
(a) Acquire by purchase or otherwise, including the exercise of the power of eminent domain, construct, complete, remodel, maintain, furnish and equip any building or other facility which the legislature specifically approves by law.
(b) Acquire property of every kind and description, whether real, personal or mixed, by gift, purchase or otherwise, which is incidental to a project approved pursuant to paragraph (a).
(c) Acquire real property of the State of Nevada controlled by any department, board, commission or other agency of the state, the jurisdiction of which is transferred by such department, board, commission or other agency to the authority.
2. Any department, board, commission, agency or officer of this state may transfer jurisdiction of any property under its or his control to the authority when such transfer is approved in writing by the governor as being advantageous to the state and is not prohibited by any prior grant, contract or federal law.
κ1969 Statutes of Nevada, Page 780 (CHAPTER 448, AB 149)κ
Sec. 8. 1. The authority may:
(a) Lease any building or facility, or space within any building or facility, to any department, board, commission or other agency of the State of Nevada for any term of years which does not exceed the reasonably anticipated useful life of the building or facility; and
(b) Charge a rental for the use of such building, facility or space.
2. Any lease which creates a tenancy from year to year or from biennium to biennium shall provide that the rent under such lease is payable solely from:
(a) Appropriations which may be made in each biennium by the legislature for the support of the department, board, commission or other agency, and if so payable constitutes the first claim on each such appropriation;
(b) Any revenues derived by the lessee from the operation of the leased premises, and if so payable constitutes the first claim on any such revenues; or
(c) A combination of these sources.
3. A lease for any fixed term longer than 2 years may contain the provisions authorized by subsection 2 or may, if so authorized in the particular case by act of the legislature, contain a pledge that the legislature will appropriate from time to time the amounts necessary to pay the rents reserved, either in full or to the extent not defrayed from revenues, as the lease may respectively provide.
4. If any rent under a lease made pursuant to this section is unpaid, the authority may maintain and operate the building, facility or space, or lease it to any other person or persons, natural or artificial, for any purpose to which the building, facility or space is suited.
5. If any lease made pursuant to this section contains a provision for the acquisition of the leased premises by the State of Nevada or by any department, board, commission or other agency of the state, such provision shall require the payment to the authority of not less than the full value of the building or facility at the time of such acquisition, based on its original cost to the authority and its remaining reasonably anticipated useful life, and the cost of any land owned by the authority.
Sec. 9. The authority may:
1. Enter into all necessary contracts regarding any matter connected with any corporate purpose within the objects and purposes of this chapter;
2. Employ all agents and employees necessary to carry out the duties and purposes of the authority;
3. Adopt all necessary bylaws, rules and regulations for the conduct of the business and affairs of the authority, and for the management and use of such facilities and sites acquired under the powers granted by this chapter; and
4. Have and use a corporate seal.
Sec. 10. The authority may:
1. Borrow money and issue and sell its bonds or other securities in such amount or amounts as the authority may from time to time determine for the purpose of acquiring, constructing, completing, remodeling, maintaining, furnishing or equipping any such facility.
2. Refund and refinance such bonds or other securities from time to time as often as it finds to be advantageous and in the public interest to do so.
κ1969 Statutes of Nevada, Page 781 (CHAPTER 448, AB 149)κ
to time as often as it finds to be advantageous and in the public interest to do so.
3. Pledge any and all income of such authority, and any revenues derived from such facilities, to secure the payment of such bonds and to redeem such bonds.
Sec. 11. 1. All bonds issued by the authority may mature at such time or times, not exceeding 50 years from their respective dates of issuance, and may bear interest at such rate or rates not exceeding 7 percent per annum as shall be fixed by resolution of the authority, and may be sold by the authority in such manner as it may deem to be in the best public interest.
2. Such bonds shall be sold at such price or prices that the net interest rate on the proceeds therefrom will not exceed 7 percent per annum, based on the average maturity of such bonds and computed according to standard tables of bond values.
Sec. 12. 1. All bonds or other securities issued by the authority shall be payable solely from:
(a) Revenues to be derived from the operation of any buildings or facilities acquired, constructed, completed, remodeled, furnished or equipped in whole or in part with the proceeds of bonds or other securities issued by the authority; and
(b) Income to be derived from rental leases to state departments, boards, commissions or other agencies, or from leases to others as provided in this chapter.
2. Each such bond shall state upon its face that it is payable solely from revenues derived from the operation of buildings or facilities acquired, constructed, completed, remodeled, furnished or equipped in whole or in part with the proceeds of the sale of bonds or other securities issued by the authority, or from the income to be derived from rental leases as provided in this chapter, or both. Each such bond shall state upon its face that it does not constitute an obligation of the State of Nevada, or of any department, board, commission or agency thereof, within the meaning of any provision of the constitution or statutes of the State of Nevada.
Sec. 13. 1. Any resolution of the authority for the issuance of bonds may provide for the exchange of any such bonds after issuance for bonds of larger or smaller denominations, if the bonds in changed denominations are exchanged for the original bonds in like aggregate principal amounts and in such manner that no overlapping interest is paid. Such bonds in changed denominations shall bear interest at the same rate or rates, shall mature on the same date or dates, shall be as nearly as practicable in the same form, except for an appropriate recital as to the exchange, and shall in all other respects, except as to denominations and numbers, be identical as to details with the original bonds surrendered for exchange.
2. If any exchange is made pursuant to this section, the bonds surrendered by the holders at the time of the exchange shall be canceled.
3. Any such exchange shall be made only at the request of the holders of the bonds to be surrendered, and the authority may require all expenses incurred in connection with such exchange, including the authorization and issuance of the new bonds, to be paid by such holders.
κ1969 Statutes of Nevada, Page 782 (CHAPTER 448, AB 149)κ
Sec. 14. 1. The authority may fix the terms and details, not otherwise provided in this chapter, of bonds issued under this chapter, and without limiting the generality of this subsection may by resolution provide:
(a) Their denominations and form, either coupon or registered.
(b) Their conversion privileges, if any.
(c) The manner of their execution, which may include the use of facsimile signatures.
(d) The medium and place or places of their payment.
(e) For their redemption with or without premium.
2. Any bonds bearing the signature of officers in office at the date of the signing of such bonds are valid and binding for all purposes, notwithstanding that before the delivery of such bonds any or all such persons whose signatures appear thereon have ceased to be such officers.
Sec. 15. 1. All bonds issued under this chapter, except those bonds which are issued in fully registered form, shall be fully negotiable within the meaning and for all the purposes of the Uniform Commercial Code-Investment Securities.
2. All bonds issued under the provisions of this chapter, the interest thereon and the transfer thereof shall not be taxed for any purpose within this state.
Sec. 16. Prior to the issuance of any bonds under this chapter, the authority by resolution shall find and certify that all conditions precedent to the issuance of such bonds as set forth in this chapter have been complied with, which finding and certification shall be conclusive, and any bond issued under this chapter shall be incontestable in any court in the State of Nevada with respect to such finding and certification.
Sec. 17. 1. The authority may provide for the refunding of any bonds issued pursuant to this chapter. All or part of any issue of bonds issued under this chapter may be so refunded and all or part of several issues may be refunded into a single issue of refunding bonds.
2. Such refunding bonds may be secured in such manner and may be payable from such sources as the authority by resolution may provide, within the limitations imposed by this chapter upon bonds issued by the authority generally.
3. Refunding bonds may be:
(a) Exchanged for not less than a like principal amount of the bonds authorized to be refunded;
(b) Sold; or
(c) Exchanged in part and sold in part.
4. If the bonds are sold, the proceeds of the sale not required for the payment of expenses, and in any event in an amount sufficient to assure the payment of the bonds refunded when such bonds become available for payment, may be escrowed and invested in obligations of the United States of America or of the State of Nevada in such manner as may be provided by resolution of the authority.
5. This section does not permit the call of bonds issued pursuant to this chapter for redemption in order to refund such bonds or in order to pay such bonds prior to their stated maturity, unless the right to call such bonds for redemption or repurchase was specifically reserved and stated in such bonds at the time of their issuance and all conditions with respect to the manner, price and time applicable to such call for redemption or repurchase are strictly observed.
κ1969 Statutes of Nevada, Page 783 (CHAPTER 448, AB 149)κ
in such bonds at the time of their issuance and all conditions with respect to the manner, price and time applicable to such call for redemption or repurchase are strictly observed.
Sec. 18. The charges, fees or rentals established and collected by the authority for the use of any buildings or facilities acquired, constructed, completed, remodeled, furnished or equipped in whole or in part with the proceeds of bonds or other securities issued as provided in this chapter shall be sufficient at all times to pay:
1. Maintenance and operation costs for such buildings or facilities; and
2. Principal of and interest on any bonds or other securities so issued.
Sec. 19. The total gross income from the sale of bonds or other securities, all charges, fees or rentals, and all other revenue derived from any project undertaken pursuant to this act shall be paid to the state treasurer, to be held by him in trust for the purposes of this chapter in a special fund known as the Nevada public building fund. Disbursements shall be made from such fund upon the order of the authority.
Sec. 20. The authority shall keep account of the total gross income derived from each separate project undertaken by it pursuant to the provisions of this chapter. Disbursements from a given account in the Nevada public building fund shall be ordered by the authority only for the payment of:
1. The cost of maintenance and operation of a building or facility in the project from which the moneys in that account were derived;
2. The principal of and interest on the bonds or other securities of the authority issued for such project; and
3. Any other purposes set forth in the resolution of the authority authorizing the issuance of those bonds.
Sec. 21. The authority shall cause an audit of the accounts of the authority to be made annually by an accountant or accountants authorized to practice accounting under the laws of this state.
Sec. 22. The provisions of this chapter and of any resolution or proceeding of the authority authorizing the issuance of bonds under this chapter constitute a contract with the holders of such bonds. The provisions of this chapter are enforcible either in law or in equity, by suit, action, writ of mandate or other proceeding in any court of competent jurisdiction to enforce and compel the performance of any duty or duties required by or under this chapter or any resolution or proceeding of the authority authorizing the issuance of such bonds, including the establishment of sufficient charges, fees or rentals and the application of the income from a project under this chapter as provided in this chapter.
Sec. 23. 1. The authority may provide for the publication of any resolution which it may adopt for the issuance of bonds under this chapter, in one issue of a newspaper having general circulation within the state. For a period of 30 days after the date of such publication any person in interest may contest the legality of such resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of such bonds, but after such time no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause.
κ1969 Statutes of Nevada, Page 784 (CHAPTER 448, AB 149)κ
2. If any official who is required by the proceedings for the issuance of bonds under this chapter to sign such bonds refuses to affix his signature thereto, alleging as a reason the illegality of the bonds to be signed, the authority may apply for a writ of mandate requiring him to sign.
3. The legislature expressly finds and declares that the importance of providing for the building needs of the state and its inhabitants is such that any action brought pursuant to this section should be given precedence over the other matters pending before the court in which it is brought.
Sec. 24. NRS 353.342 is hereby amended to read as follows:
353.342 1. The following funds and groups are hereby established in the state treasury:
(a) Bond fund.
(b) General bonded debt and interest group.
(c) General fixed assets group.
(d) General fund.
(e) Highway fund.
(f) Intragovernmental service fund.
(g) Nevada public building fund.
(h) Planning board construction fund.
[(h)] (i) Public employees retirement system fund.
[(i)] (j) Special revenue fund.
[(j)] (k) State trust and agency fund.
2. All resources and financial transactions of the state government shall be accounted for within the funds and groups established in subsection 1.
3. All funds shall be consolidated except where specific legislative enactment requires the maintenance of separate funds. Existing and new activities of state government, as authorized by the legislature from time to time, shall be accounted for within the framework of the funds established in this section.
4. Addition of a fund shall be by amendment to the Funds Consolidation Law. Whenever a new fund is created or established without amending the Funds Consolidation Law, the reference to a fund in the new act shall be construed to mean fund account.
Sec. 25. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All property of the Nevada building authority, both real and personal, is exempt from taxation.
Sec. 26. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 785κ
Assembly Bill No. 771Committee on Ways and Means
CHAPTER 449
AN ACT making an appropriation from the general fund in the state treasury to the state controller for the purpose of implementing the Fiscal and Accounting Procedures Law; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $500,000 to the state controller for the purpose of implementing the Fiscal and Accounting Procedures Law.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 772Committee on Commerce
CHAPTER 450
AN ACT relating to gaming; permitting the Nevada gaming commission and the state gaming control board to refuse to reveal certain matters in certain court proceedings; prohibiting early closing dates in certain transfers of gaming property; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The commission and the board may refuse to reveal, in any court proceeding except a proceeding brought by the State of Nevada, the identity of an informant, or the information obtained from the informant, or both the identity and the information.
Sec. 3. When any person contracts to sell or lease any property or interest in property, real or personal, under circumstances which require the approval or licensing of the purchaser or lessee by the commission, the contract shall not specify a closing date for the transaction which is earlier than the expiration of 90 days after the submission of the completed application for such approval or licensing. Any provision of such a contract which specifies an earlier closing date is void for all purposes, but such invalidity does not affect the validity of any other provision of the contract.
________
κ1969 Statutes of Nevada, Page 786κ
Assembly Bill No. 786Committee on Elections
CHAPTER 451
AN ACT relating to elections; requiring separate verification of voting machine totals and correction if appropriate during canvass of vote; extending the time for canvassing; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In precincts or districts where voting machines are used, the county clerk shall personally or by deputy compare the statement of votes cast with the figures shown on each voting machine where such comparisons appear necessary, and shall note on the statement any discrepancies discovered.
Sec. 2. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the [10th] 15th day following the election.
2. In making its canvass, the board of county commissioners shall: [note]
(a) Note separately any clerical errors discovered; [, and shall take]
(b) In counties where voting machines are used, note and correct any discrepancies discovered by the county clerk in the statements of votes submitted by the precinct election boards; and
(c) Take account of the changes resulting from such discovery, so that the result declared will represent the true vote cast.
3. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 10 days after the day of election.
4. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
________
κ1969 Statutes of Nevada, Page 787κ
Senate Bill No. 383Senator Dodge
CHAPTER 452
AN ACT relating to law libraries; modifying the procedure for establishing law libraries in certain counties; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 380.010 is hereby amended to read as follows:
380.010 [It shall be discretionary with the board of county commissioners of any county to provide by ordinance for the application of the provisions of this chapter to such county.]
1. The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.
2. The board of county commissioners of any county with a population under 20,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. Such board may exercise or delegate the exercise of any power granted to a board of law library trustees under this chapter.
3. Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.110 and 380.130 to 380.200, inclusive.
Sec. 2. NRS 380.020 is hereby amended to read as follows:
380.020 1. Any law library established by ordinance [under the provisions of this chapter] as provided by subsection 1 of NRS 380.010 shall be governed and managed by a board of law library trustees.
2. A board of law library trustees shall consist of not less than five nor more than seven members. The district judge or judges of the judicial district in which the county is situated shall be ex-officio trustees, and the board of county commissioners shall appoint a sufficient number of trustees to complete the board from members of the bar of the county.
3. Appointive members of the board shall be appointed by the board of county commissioners at the first meeting of the board of county commissioners in each January, and shall serve for terms of 1 year.
Sec. 3. NRS 380.130 is hereby amended to read as follows:
380.130 1. Whenever it shall appear to the board of county commissioners of any county having a law library that for any reason any debt incurred in the purchase and establishment of such library has not been fully paid or materially reduced with the funds provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding, the board of county commissioners may, at the next annual tax levy, levy a special tax upon all taxable property within the county, both real and personal, including the net proceeds of mines, sufficient to raise a sum which will discharge any such indebtedness, but no more. Such sum shall be placed in the law library fund in the county treasury and shall be used [by the board of law library trustees] for the payment of such indebtedness and for no other purpose.
2. In lieu of the levy of a special tax as provided in subsection 1, the board of county commissioners of any county having a law library may, in the discretion of such board of county commissioners, transfer from the general funds of the county to the law library fund a sufficient sum of money to pay any debts incurred in the purchase and establishment and maintenance of such library, which has not been fully paid or materially reduced with the funds provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.
κ1969 Statutes of Nevada, Page 788 (CHAPTER 452, SB 383)κ
in the discretion of such board of county commissioners, transfer from the general funds of the county to the law library fund a sufficient sum of money to pay any debts incurred in the purchase and establishment and maintenance of such library, which has not been fully paid or materially reduced with the funds provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.
Sec. 4. NRS 380.140 is hereby amended to read as follows:
380.140 1. Subject to the provisions of subsection 2, whenever any law library established under the provisions of this chapter, being uninsured, shall have been destroyed by fire or by other public calamity, the board of county commissioners of the county in which such library was situated shall, at the next time that other tax levies are made, levy a special tax upon all taxable property, both real and personal, within the county, sufficient to raise a sum which will discharge any indebtedness owing for books so destroyed and a further sum sufficient [to enable the board of law library trustees] to replace the library or to provide one substantially like it.
2. The sums so to be raised for such purposes shall not exceed in the aggregate the sum of $5,000 for any one law library.
3. The proceeds derived from such special tax levy shall be placed in the law library fund in the county treasury, and shall be drawn upon for the purpose herein authorized. [by the board of law library trustees.]
Sec. 5. NRS 380.150 is hereby amended to read as follows:
380.150 The board of county commissioners shall provide a library room for the use of a law library established under the provisions of this chapter whenever such room may be demanded by [the] a board of law library trustees [.] of that county or as the need for such room may otherwise appear.
Sec. 6. NRS 380.160 is hereby amended to read as follows:
380.160 The law library shall be free:
1. To the judiciary, without payment of dues.
2. To county officials of the county, without payment of dues.
3. To all inhabitants of the county, upon payment of such dues [as may be ordained by the board of law library trustees and under such rules and regulations as may be provided by the board.] and under such conditions as may be prescribed by rule or regulation by a board of law library trustees or by the board of county commissioners in a county having no board of law library trustees.
Sec. 7. NRS 380.190 is hereby amended to read as follows:
380.190 1. Whenever the board of county commissioners of any county in which a law library has been established pursuant to the provisions of this chapter shall desire to discontinue such law library, the board of county commissioners shall discontinue the law library by the enactment of an ordinance. The ordinance shall provide for:
(a) The discontinuance of the law library.
(b) The transfer of the law library books to the chambers of the district judge or judges of the county.
(c) The keeping thereafter of such books in the judges chambers.
(d) The transfer of all moneys in the law library fund to the county school district fund.
(e) The abolishment of the offices of law library trustees [.] , if any.
κ1969 Statutes of Nevada, Page 789 (CHAPTER 452, SB 383)κ
2. After such an ordinance shall take effect, the county clerk shall not set aside the fees provided for in NRS 380.110.
Sec. 8. NRS 380.200 is hereby amended to read as follows:
380.200 Wherever a law library [and a board of trustees to govern the same have] has been provided by law in any county, or in any city and county, prior to March 25, 1913, this chapter shall not affect such law library [or board of trustees] or be considered a repeal of any legislation under which such library was established may be now governed.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 470Committee on Finance
CHAPTER 453
AN ACT relating to state salaries; increasing the compensation of certain elected state officers, justices of the supreme court and the district judges; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. [Until the 1st Monday in January 1969, the justice of the supreme court whose term of office expires on the 1st Monday in January 1969 shall receive an annual salary of $20,000. From and after the 1st Monday in January 1969, his successor and successors in office shall receive an annual salary of $22,000.
2.] Until the 1st Monday in January 1971, the justice of the supreme court whose term of office expires on the 1st Monday in January 1971 shall receive an annual salary of $20,000. From and after the 1st Monday in January 1971, his successor and successors in office shall receive an annual salary of [$22,000.
3. The justice elected for a term of 6 years at the general election in 1966 and the justices appointed by the governor on October 1, 1967, and their respective successors, shall receive an annual salary of $22,000.] $28,000.
2. Until the 1st Monday in January 1973, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1973 shall receive an annual salary of $22,000. From and after the 1st Monday in January 1973, their successors in office shall receive an annual salary of $28,000.
3. Until the 1st Monday in January 1975, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1975 shall receive an annual salary of $22,000. From and after the 1st Monday in January 1975, their successors in office shall receive an annual salary of $28,000.
4. All salaries [herein] provided for in this section shall be payable in [semimonthly] biweekly installments as other state officers are paid.
κ1969 Statutes of Nevada, Page 790 (CHAPTER 453, SB 470)κ
Sec. 2. NRS 3.030 is hereby amended to read as follows:
3.030 1. Until the 1st Monday in January [1967,] 1971, the annual salary of each district judge provided for in NRS 3.010 shall be [$17,500.] $19,500. From and after the 1st Monday in January [1967,] 1971, the annual salary of each district judge provided for in NRS 3.010 shall be [$19,500.] $24,000.
2. All of the salaries shall be paid in [monthly] biweekly installments out of the district judges salary fund, which is hereby created in the state treasury. [and which shall be supplied in the following manner:
(a) From the moneys provided by direct legislative appropriation from the general fund, the state treasurer and state controller shall remit quarterly to the respective county treasurers a sum of money equal to such countys proportionate share of the money necessary to pay the judge or judges of its district their respective salaries for such quarter. Each countys proportionate share shall be based upon the number of counties within the judicial district of which such county is a part.
(b) Immediately upon receipt of the moneys provided for in paragraph (a) of this subsection, the respective county treasurers shall remit the same to the state treasurer and the state controller for deposit in the district judges salary fund.]
3. No salary of any district judge shall be paid in advance.
Sec. 3. NRS 213.015 is hereby amended to read as follows:
213.015 1. [Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $18,000 shall, as a member of the board, receive an annual salary of $2,000.
2.] Until the 1st Monday in January 1971:
(a) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $20,000, shall [on and after the 1st Monday in January 1967,] as a member of the board, receive an annual salary of $2,000.
[3.] (b) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $22,000 shall receive no salary as a member of the board.
[4.] 2. From and after the 1st Monday in January 1971:
(a) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $22,000 shall, as a member of the board, receive an annual salary of $6,000.
(b) Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $28,000 shall receive no salary as a member of the board.
3. The salaries provided for in this section shall be paid out of moneys provided by direct legislative appropriation from the general fund.
Sec. 4. NRS 223.050 is hereby amended to read as follows:
223.050 [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the governor shall receive an annual salary of [$20,000.] $25,000. From and after the 1st Monday in January [1967,] 1971, the governor shall receive an annual salary of [$25,000.] $30,000.
Sec. 5. NRS 224.050 is hereby amended to read as follows:
224.050 1. [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the lieutenant governor shall receive an annual salary of [$3,600.]
κ1969 Statutes of Nevada, Page 791 (CHAPTER 453, SB 470)κ
salary of [$3,600.] $4,500. From and after the 1st Monday in January [1967,] 1971, the lieutenant governor shall receive an annual salary of [$4,500.] $6,000.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor shall receive $40 per day for such times as he may be actually employed as governor or president of the senate, and if he travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the senate is actually convened, travel expenses at the rate of 10 cents per mile traveled.
3. In addition to the salary provided in subsections 1 and 2, if the lieutenant governor does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed a per diem expense allowance of $25 for each day he is away from his home and for the entire period that the legislature is in session.
4. The lieutenant governor shall receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
Sec. 6. NRS 225.050 is hereby amended to read as follows:
225.050 [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the secretary of state shall receive an annual salary of [$12,000.] $15,000. From and after the 1st Monday in January [1967,] 1971, the secretary of state shall receive an annual salary of [$15,000.] $18,000.
Sec. 7. NRS 226.090 is hereby amended to read as follows:
226.090 [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the state treasurer shall receive an annual salary of [$12,000.] $15,000. From and after the 1st Monday in January [1967,] 1971, the state treasurer shall receive an annual salary of [$15,000.] $18,000.
Sec. 8. NRS 227.060 is hereby amended to read as follows:
227.060 [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the state controller shall receive an annual salary of [$12,000.] $15,000. From and after the 1st Monday in January [1967,] 1971, the state controller shall receive an annual salary of [$15,000.] $18,000.
Sec. 9. NRS 228.070 is hereby amended to read as follows:
228.070 1. [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the attorney general shall receive an annual salary of [$17,000.] $18,000. From and after the 1st Monday in January [1967,] 1971, the attorney general shall receive an annual salary of [$18,000.] $22,500.
2. The attorney general is permitted to engage in the private practice of law.
Sec. 10. NRS 512.070 is hereby amended to read as follows:
512.070 [From July 1, 1965, until] Until the 1st Monday in January [1967,] 1971, the inspector of mines shall receive an annual salary of [$12,000.] $15,000. From and after the 1st Monday in January [1967,] 1971, the inspector of mines shall receive an annual salary of [$15,000.]
κ1969 Statutes of Nevada, Page 792 (CHAPTER 453, SB 470)κ
[1967,] 1971, the inspector of mines shall receive an annual salary of [$15,000.] $18,000.
________
Assembly Bill No. 719Mr. Jacobsen
CHAPTER 454
AN ACT relating to the Kingsbury Fire Protection District; validating the creation of the Kingsbury Fire Protection District and all acts thereof; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The creation of the Kingsbury Fire Protection District, including all acts of its directors, all contracts entered into, all elections, all annexations of territory and all rules and regulations adopted thereby, are hereby validated, ratified, approved and confirmed.
Sec. 2. The Kingsbury Fire Protection District, as it exists on the effective date of this act, encompasses the territory described as follows:
Beginning at a point on the Nevada-California state line at the intersection of the section line common to Sections 35 and 36, T. 13 N., R. 18 E., M.D.B. & M., thence northerly along the section line to the common corner to Sections 25, 26, 35 and 36, T. 13 N., R. 18 E.; thence east approximately one-half mile to the quarter corner common to Sections 25 and 36; thence north one-fourth mile to the NW corner of the SW 1/4 of the SE 1/4 of Section 25; thence east approximately one-half mile to the NE corner of the SE 1/4 of SE 1/4 of Section 25; thence north one-fourth mile to the quarter corner common to Section 25, T. 13 N., R. 18 E., and Section 30, T. 13 N., R. 19 E.; thence east approximately three-fourths mile to the SE corner of SW 1/4 of NE 1/4, Section 30, T. 13 N., R. 19 E.; thence north approximately 1 mile to the SE corner of the SW 1/4 of NE 1/4 of Section 19, T. 13 N., R. 19 E.; thence west one-fourth mile to the center of Section 19, T. 13 N., R. 19 E.; thence northerly along the centerline of Section 19 approximately 540 feet to the southwest corner of that certain parcel as described in Book 33 at page 760, Official Records of Douglas County, Nevada, thence along a curve concave to the south, and from which corner the center of such curve bears S. 05°28'18" W., 669.64 feet, through a central angle of 17°44'04" an arc distance of 207.27; thence northerly and parallel to the centerline of Section 19, N. 00°00'42" W., 270.00 feet; thence S. 89°59'18" W., 200.00 feet to the centerline of Section 19; thence northerly approximately 2 3/8 miles to the quarter corner common to Sections 6 and 7, T. 13 N., R. 19 E.; thence west approximately one-half mile to the NW corner of Section 7, T. 13 N., R. 19 E.; thence south approximately 1 1/2 miles to the quarter corner common to Section 18, T. 13 N., R. 19 E., and Section 13, T.
κ1969 Statutes of Nevada, Page 793 (CHAPTER 454, AB 719)κ
T. 13 N., R. 18 E.; thence west approximately 2 miles to the quarter corner common to Sections 14 and 15, T. 13 N., R. 18 E.; thence south one-half mile to the section corner common to Sections 14, 15, 22 and 23, T. 13 N., R. 18 E.; thence east one-fourth mile to the NE corner of NW 1/4 of NW 1/4 of Section 23, T. 13 N., R. 18 E.; thence south approximately 2 1/4 miles to the intersection with the Nevada-California state line; thence southeasterly along the state line, to the point of beginning.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 164Mr. Jacobsen
CHAPTER 455
AN ACT relating to local improvement districts; authorizing and establishing the procedures for the annexation of territory to such districts; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 309 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. There may be annexed to a district any of the following territory which is in the same county as the district:
1. Any territory contiguous to the district.
2. Any territory any point of which touches any point of the district.
3. Any territory separated from the district by a separating barrier, which term includes a street, road, highway, railway line, railway crossing, railway right-of-way, watercourse, lagoon or other natural barrier.
4. Territory which is not contiguous to the district.
Sec. 3. Territory shall be annexed pursuant to sections 4 to 7, inclusive, of this act.
Sec. 4. 1. A petition signed by the owners of real property in the territory proposed to be annexed, which real property represents at least 75 percent of the total assessed valuation of the territory as shown by the last equalized county assessment roll, shall be presented to the board.
2. The petition shall:
(a) Designate specifically the boundaries of the territory and its assessed valuation as shown by the last equalized county assessment roll;
(b) Show the amount of real property owned by each of the petitioners and its assessed valuation as shown by the last equalized assessment roll;
(c) State that the territory is not in any other such district and ask that the territory be annexed to the district; and
(d) Be verified by the affidavit of one of the petitioners.
Sec. 5. 1. The petition for annexation shall be published at least 2 weeks preceding the hearing in a newspaper of general circulation published in the district, if there is one, and otherwise, in a newspaper of general circulation published in the county.
κ1969 Statutes of Nevada, Page 794 (CHAPTER 455, AB 164)κ
2. With the petition there shall be published a notice stating the time when the petition will be presented to the board and stating that all interested persons may appear and be heard.
Sec. 6. 1. At the time designated in the notice, the board shall conduct a hearing on the petition and any person interested shall have the opportunity to be heard. The board may adjourn the hearing from time to time.
2. Upon the hearing of the petition the board shall determine whether or not it is for the best interests of the district and the territory that the territory be annexed to the district, and the board may modify the boundaries of the territory proposed to be annexed as set forth in the petition. The board shall not, however, modify the boundaries of the territory proposed to be annexed as set forth in the petition so as to exclude any land that would be benefited by annexation, nor include any land that would not be benefited by annexation.
Sec. 7. 1. If the board upon final hearing determines that it is for the best interests of the district and of the territory proposed to be annexed that the territory be annexed, it shall adopt a resolution describing the boundaries of the territory proposed to be annexed and altering the boundaries of the district by annexing to it the territory described in the petition or as modified by the board.
2. Copies of the resolution, signed by the president and the secretary, shall be filed with the county clerk and the county recorder of the county within which the district is situated, and thereafter the territory is a part of the district.
3. The entry of the resolution by the board of directors is conclusive evidence of the fact and regularity of all prior proceedings of every kind required by law and of the fact stated in the entry relating to the annexation.
Sec. 8. All annexations of territory and all acts and proceedings heretofore had or taken by or on behalf of a local improvement district under law or under color of law preliminary to and in the annexation of any territory are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power or authority, other than constitutional, in the district making such annexation, or notwithstanding any defects or irregularities, other than constitutional, in the proceedings leading to the annexation of any territory. This section shall not operate to validate, ratify, approve, confirm or legalize the annexation of any territory or any proceeding related thereto which:
1. Is being contested or inquired into in any legal proceeding now pending and undetermined; or
2. Has been determined in any legal proceeding to be illegal, void or ineffective.
Sec. 9. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 795κ
Assembly Bill No. 644Committee on Labor and Management
CHAPTER 456
AN ACT relating to arbitration; defining terms, providing jurisdiction, venue, court procedure and arbitration proceedings, arbitration awards and court judgment thereon, right of appeal and right to depositions, subpenaing of witnesses and representation by an attorney, vacation or modification of awards; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 38 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Arbitration Act.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Agreement includes but is not limited to agreements providing for valuations, appraisals and similar proceedings and agreements between employers and employees or between their respective representatives.
2. Controversy means any question arising between parties to an agreement whether such question is one of law or of fact, or both.
3. Court means any court of competent jurisdiction of this state.
4. Neutral arbitrator means an arbitrator who is selected jointly by the parties or by the arbitrators selected by the parties, or appointed by the court when the parties or the arbitrators selected by the parties fail to select an arbitrator who was to be selected jointly by them.
5. Party to the arbitration means a party to the arbitration agreement:
(a) Who seeks to arbitrate a controversy pursuant to the agreement;
(b) Against whom such arbitration is sought pursuant to the agreement; or
(c) Who is made a party to such arbitration by order of the neutral arbitrator upon such partys application, upon the application of any other party to the arbitration or upon the neutral arbitrators own determination.
6. Written agreement includes a written agreement which has been extended or renewed by an oral or implied agreement.
Sec. 4. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforcible and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This chapter also applies to arbitration agreements between employers and employees or between their respective representatives unless otherwise provided in the agreement.
Sec. 5. Except as otherwise provided in this chapter, any application made prior to the commencement of arbitration shall be filed in the district court in:
1. The county where the arbitration agreement is to be performed or was made.
2. If the arbitration agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in this state, the county where any party to the court proceeding resides or has a place of business.
κ1969 Statutes of Nevada, Page 796 (CHAPTER 456, AB 644)κ
county in this state, the county where any party to the court proceeding resides or has a place of business.
3. In any case not covered by subsection 1 or 2, any county in this state.
Sec. 6. 1. On application of a party showing an agreement described in section 4 of this act, and the opposing partys refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied.
2. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
3. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection 1, the application shall be made therein. Otherwise and subject to section 5 of this act, the application may be made in any court of competent jurisdiction.
4. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
5. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Sec. 7. Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
Sec. 8. If the arbitration agreement provides a method of appointment of arbitrators, such method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
Sec. 9. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by sections 2 to 21, inclusive, of this act.
Sec. 10. Unless otherwise provided by the agreement:
1. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than 5 days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date.
κ1969 Statutes of Nevada, Page 797 (CHAPTER 456, AB 644)κ
to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
2. The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
3. The hearing shall be conducted by all the arbitrators, but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Sec. 11. A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective, but if one party appears without an attorney in reliance upon such a waiver by the opposing party, the arbitrators may grant a continuance to prevent prejudice to the party so relying.
Sec. 12. 1. The arbitrators may issue subpenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpenas in a civil action.
2. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpenaed or is unable to attend the hearing.
3. All provisions of law compelling a person under subpena to testify are applicable.
4. Fees and mileage for attendance as a witness shall be the same as for a witness in civil actions in the district court.
Sec. 13. Unless otherwise provided in the agreement to arbitrate, the arbitrators expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
Sec. 14. 1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
2. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
Sec. 15. On application of a party or, if an application to the court pending under sections 16, 17 or 18 of this act, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (a) and (c) of subsection 1 of section 18 of this act, or for the purpose of clarifying the award.
κ1969 Statutes of Nevada, Page 798 (CHAPTER 456, AB 644)κ
arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (a) and (c) of subsection 1 of section 18 of this act, or for the purpose of clarifying the award. The application shall be made within 20 days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within 10 days from the notice. The award so modified or corrected is subject to the provisions of sections 16, 17 and 18 of this act.
Sec. 16. Upon application of a party within I year, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 17 and 18 of this act.
Sec. 17. 1. Upon application of a party, the court shall vacate an award where:
(a) The award was procured by corruption, fraud or other undue means;
(b) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct substantially prejudicing the rights of any party;
(c) The arbitrators exceeded their powers;
(d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 10 of this act, as to prejudice substantially the rights of a party; or
(e) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 6 of this act and the party did not participate in the arbitration hearing without raising the objection.
But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
2. An application under this section shall be made within 90 days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within 90 days after such grounds are known or should have been known.
3. In vacating the award on grounds other than stated in paragraph (e) of subsection 1 the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 8 of this act, or, if the award is vacated on grounds set forth in paragraphs (c) and (d) of subsection 1, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 8 of this act. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
4. If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Sec. 18. 1. Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
κ1969 Statutes of Nevada, Page 799 (CHAPTER 456, AB 644)κ
(a) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
(b) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(c) The award is imperfect in a matter of form, not affecting the merits of the controversy.
2. If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
3. An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Sec. 19. Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
Sec. 20. 1. On entry of judgment or decree, the clerk shall add to the judgment roll, to the extent filed, the following:
(a) The agreement and each written extension of the time within which to make the award;
(b) The award;
(c) A copy of the order confirming, modifying or correcting the award; and
(d) A copy of the judgment or decree.
2. The judgment or decree may be docketed as if rendered in an action.
Sec. 21. 1. An appeal may be taken from:
(a) An order denying an application to compel arbitration made under section 6 of this act;
(b) An order granting an application to stay arbitration made under subsection 2 of section 6 of this act;
(c) An order confirming or denying confirmation of an award;
(d) An order modifying or correcting an award;
(e) An order vacating an award without directing a rehearing; or
(f) A judgment or decree entered pursuant to the provisions of this chapter.
2. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
Sec. 22. NRS 38.010, 38.020, 38.030, 38.040, 38.050, 38.060, 38.070, 38.080, 38.090, 38.100, 38.110, 38.120, 38.130, 38.140, 38.150, 38.160, 38.170, 38.180, 38.190, 38.200, 38.210, 38.220, 38.230 and 38.240 are hereby repealed.
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κ1969 Statutes of Nevada, Page 800κ
Assembly Bill No. 692Committee on Government Affairs
CHAPTER 457
AN ACT relating to local government budgets; authorizing local governments to file amended budgets to incorporate additional revenues provided by legislative action; and providing other matters properly relating thereto.
[Approved April 18, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any year in which the legislature by law increases the revenues of a local government, and such increase was not included or anticipated in the local governments final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, prior to July 15 of the budget year, file an amended budget with the Nevada tax commission increasing its anticipated revenues and expenditures over that contained in its final budget to the extent of the actual increase of revenues made available by such legislative action.
2. Such amended budget, as approved by the Nevada tax commission, shall be the budget of such local government for the current fiscal year.
Sec. 2. NRS 354.440 is hereby amended to read as follows:
354.440 1. Whenever any governing board of any local government is authorized to make an emergency loan as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.
2. The negotiable notes or bonds shall:
(a) Mature not later than [3] 5 years from the date of issuance.
(b) Bear interest not to exceed 8 percent per annum.
(c) Be redeemable at the option of such local government at any time when money is available in the emergency tax fund provided for in NRS 354.460.
Sec. 3. NRS 354.622 is hereby amended to read as follows:
354.622 1. The business of every local government, except those enumerated in subsection 2, shall be transacted upon a cash, accrual or modified accrual basis as defined in NRS 354.470 to 354.626, inclusive, at the option of the local governing body, with the approval of the Nevada tax commission. [, which option shall first be exercised by resolution of the governing body prior to July 1, 1965. After July 1, 1965, change] Change from one system of accounting to another shall require the approval of the Nevada tax commission.
2. Business of those districts organized pursuant to NRS 318.140 and 318.144 shall be transacted upon an accrual basis as defined in NRS 354.470 to 354.626, inclusive.
Sec. 4. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds and accounts of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report filed as provided in subsection 4 not later