[Rev. 2/28/2019 11:50:04 AM]
κ1973 Statutes of Nevada, Page 481 (CHAPTER 371, SB 208)κ
Sec. 22. 1. Within 15 days next succeeding the effective date of the assessment ordinance, any aggrieved person may commence an appropriate action in the district court of the county in which the service district is located to challenge the validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied against a lot, subject to the provisions of subsection 2 and of subsection 2 of NRS 704A.280.
2. Any objection to the validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the adoption of the resolution fixing the assessment hearing and adopted pursuant to subsection 1 of section 17 of this act, shall be deemed waived in any judicial action under subsection 1 unless such objection is presented in writing as provided in paragraph (e) of subsection 4 of section 17 of this act.
Sec. 23. NRS 704A.330 is hereby amended to read as follows:
704A.330 1. The owner of any lot [or parcel] assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 8 1/2 percent of the installment or installments of principal so prepaid.
2. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
3. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as provided in this chapter. [As used in this section and elsewhere in NRS 704A.320 to 704A.780, inclusive, the words publication and mail have the meanings ascribed to them in chapter 271 of NRS.]
4. Any assessment made against any lot owned by the state or any political subdivision thereof shall be payable at the same times and in the same manner as provided for private owners of lots assessed in the service district, except as provided in subsection 7 of NRS 704A.240.
Sec. 24. NRS 704A.550 is hereby amended to read as follows:
704A.550 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise at such time or times, without or with the payment of such premium or premiums not exceeding 8 percent of the principal amount of each bond so redeemed,
κ1973 Statutes of Nevada, Page 482 (CHAPTER 371, SB 208)κ
premiums not exceeding 8 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments if interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as otherwise provided in this chapter.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of [the Negotiable Instruments Law and] the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds under this chapter, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings, for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of small denominations may in turn be either coupon bonds or bonds registable as to principal, or both principal and interest, or either, at the option of the holder.
6. [If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the governing body:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.] Any bonds or other securities may be issued under this chapter with provisions for their reissuance, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code — Investment Securities, or otherwise.
7. Any bond shall be executed in the name of and on behalf of the municipality and signed by the mayor, chairman or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
κ1973 Statutes of Nevada, Page 483 (CHAPTER 371, SB 208)κ
of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. [Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
11.] Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act, but a compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.
10. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
[12.] 11. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office if such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 25. This act shall become effective 30 days after its passage and approval.
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Senate Bill No. 484Senators Raggio, Young, Wilson, Swobe and Drakulich
CHAPTER 372
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, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 85, Statutes of Nevada 1967, at page 149, is hereby amended to read as follows:
Section 9. The police judge shall receive an annual salary the amount of which shall be fixed by the city council by resolution at not less than $15,000 nor more than [$19,000,] $26,000, payable in 12 equal monthly installments.
κ1973 Statutes of Nevada, Page 484 (CHAPTER 372, SB 484)κ
of which shall be fixed by the city council by resolution at not less than $15,000 nor more than [$19,000,] $26,000, payable in 12 equal monthly installments.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 802Committee on Transportation
CHAPTER 373
AN ACT relating to motor vehicles; providing an opportunity for a hearing prior to suspension of driving privileges for violation of the implied consent law; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.385 is hereby amended to read as follows:
484.385 1. If a person under arrest refuses to submit to a required chemical test as directed by a police officer under NRS 484.383, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor and that such person refused to submit to such test upon the request of such officer, shall immediately [:] notify the person by mail that his privilege to drive is subject to suspension and allow him 15 days after the date of mailing such notice to make a written request for a hearing. If no request is made within such 15-day period, the department shall immediately:
(a) Suspend such persons license or instruction permit to drive for a period of 6 months;
(b) If such person is a nonresident, suspend his privilege to drive a vehicle in this state for a period of 6 months and inform the appropriate agency in the state of his residence of such action; or
(c) If such person is a resident without a license or instruction permit to drive, deny to such person the issuance of a license or permit for a period of 6 months after the date of this alleged violation.
2. If the affected person requests that the hearing be continued to a date beyond the 20-day period set forth in subsection 1 of NRS 484.387, the department shall issue an order suspending the license, privilege or permit to drive a motor vehicle, which suspension shall be effective upon receipt of notice that the continuance has been granted.
3. The [revocations] suspension provided for in subsection 1 shall become effective 10 days after the mailing of written notice thereof by such department to any such persons at his last-known address.
4. Notice of intention to suspend, notice of an order of suspension and notice of the affirmation of a prior order of suspension provided in NRS 484.387 is sufficient if it is mailed to the persons last-known address as shown by any application for a license.
κ1973 Statutes of Nevada, Page 485 (CHAPTER 373, AB 802)κ
address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department of motor vehicles, specifying the time of mailing the notice. Such notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
Sec. 2. NRS 484.387 is hereby amended to read as follows:
484.387 1. [Except as provided in subsection 2, any person whose license or permit has been suspended, or if the issuance thereof has been delayed, pursuant to NRS 484.385 may request a hearing before the department of motor vehicles, and such hearing shall be afforded him in the same manner and under the same conditions as are provided in subsection 10 of NRS 483.470.] If a request for a hearing is made within the appropriate time, the department of motor vehicles shall afford the person an opportunity for a hearing to be conducted within 20 days after receipt of the request. The hearing shall be conducted in the county wherein the accused resides unless the parties agree otherwise. The director of the department of motor vehicles or his agent may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the accused.
2. The scope of such hearing shall be limited to the issues of whether a police officer has reasonable grounds to believe such person had been driving a vehicle upon a highway while under the influence of intoxicating liquor, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. [Whether such person was informed that his privilege to drive would be suspended if he refused to submit to the test shall not be an issue.] Upon an affirmative finding on each of the issues, the department of motor vehicles shall issue an order suspending the license, privilege or permit to drive a motor vehicle, unless the suspension order has already been made, in which case the order shall be affirmed. If a negative finding is made on any of the issues then no suspension shall be ordered or the prior suspension order shall be rescinded, as the case may be.
3. If, [the suspension or determination that there be a denial of issuance is sustained] after such hearing, an order of suspension is issued or a prior order of suspension is affirmed the person whose license, privilege or permit has been suspended [, or to whom a license or permit has been denied,] shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.
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κ1973 Statutes of Nevada, Page 486κ
Senate Bill No. 250Committee on Health, Welfare and State Institutions
CHAPTER 374
AN ACT regulating marriage and family counselors; declaring the policy of the state; establishing a board of examiners; requiring certification of marriage and family counselors; creating disciplinary and hearing procedures; establishing a fee schedule; defining the scope of regulatory activities; providing penalties and remedies; and providing other matters properly relating thereto.
[Approved April 15, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 48, inclusive, of this act.
Sec. 2. The practice of marriage and family counseling is hereby declared a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the state.
Sec. 3. As used in this chapter, unless the context otherwise requires, words and terms defined in sections 4 to 9, inclusive, of this act have the meanings assigned to them in such sections.
Sec. 4. Board means the board of marriage and family counselor examiners.
Sec. 5. Certificate means a certificate of registration as a marriage and family counselor.
Sec. 6. Certificatee means a person certified as a marriage and family counselor by the board.
Sec. 7. Marriage and family counselor means a person who describes himself, or his services to the public by any title or description which incorporates the term marriage and family counselor, and under such title offers to render or renders services to individuals, partnerships, associations, corporations or other members of the public for remuneration.
Sec. 8. Person means any individual, partnership, association or corporation.
Sec. 9. Practice of marriage and family counseling means the application of established principles of learning, motivation, perception, thinking, emotional, marital and sexual relationships and adjustments by persons trained in psychology, social work, psychiatry or marital counseling. The application of such principles includes, but is not restricted to:
1. Counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.
2. Doing research on problems related to marital relationships and human behavior.
3. Consultation with others doing marriage and family counseling.
Sec. 10. There is hereby created the board of marriage and family counselor examiners, which shall administer and enforce the provisions of this chapter.
Sec. 11. The board shall consist of five members appointed by the governor.
κ1973 Statutes of Nevada, Page 487 (CHAPTER 374, SB 250)κ
governor. If possible, at least one examiner will be appointed in each of the following three specialties: Psychiatry; psychology; social work. All examiners must be in good standing with, or acceptable for membership in, their local or state societies and associations when they exist. Psychiatrists must have completed their residencies in psychiatry. Persons with academic backgrounds in psychology or social work must possess graduate degrees in these fields or the equivalent and have at least 1 year of paid work experience where marriage and family counseling was a significant part of that work.
Sec. 12. 1. Of the members first appointed, one shall be appointed for 1 year, two for 2 years, and two for 3 years. Thereafter all members shall be appointed for terms of 3 years. Members shall serve until their successors have been appointed and have qualified. No member shall serve for more than two successive terms.
2. Vacancies on the board shall be filled by appointment by the governor for the unexpired term.
Sec. 13. No person shall be eligible for appointment or to hold office as a member of the board unless he is:
1. A citizen of the United States.
2. A resident of Nevada.
3. A certified marriage and family counselor under the provisions of this chapter, except for members of the first appointed board, who shall be residents of Nevada who meet the requirements listed in section 11 of this act.
Sec. 14. The board shall hold a regular meeting at least once a year. The board shall hold a special meeting upon a call of the president or upon a request by a majority of the members. Three members of the board shall constitute a quorum.
Sec. 15. At the regular meeting the board shall elect from its membership a president and a secretary-treasurer, who shall hold office for 1 year and until the election and qualification of their successors.
Sec. 16. The secretary-treasurer shall make and keep on behalf of the board, the following:
1. A record of all meetings and proceedings.
2. A record of all examinations and applicants.
3. A register of all certificates and certificate holders.
4. An inventory of the property of the board and of the state in the boards possession.
Sec. 17. The board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and certification of applicants, the granting, refusal, revocation or suspension of certificates, and the practice of marriage and family counseling as it applies to this chapter.
Sec. 18. The board may under the provisions of this chapter:
1. Examine and pass upon the qualifications of the applicants for certification.
2. Certify qualified applicants.
3. Revoke or suspend certificates.
4. Collect all fees and make disbursements pursuant to this chapter.
Sec. 19. The board shall determine which schools in and out of this state have courses of study for the preparation of marriage and family counseling which are sufficient and thorough for certification purposes.
κ1973 Statutes of Nevada, Page 488 (CHAPTER 374, SB 250)κ
counseling which are sufficient and thorough for certification purposes. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of such courses of study.
Sec. 20. The board may administer oaths and take testimony in connection with the exercise of other powers conferred upon it in this chapter.
Sec. 21. 1. A member of the board shall be entitled to receive as compensation the sum of $25 for each day actually spent in the performance of his duties as such, and shall also be entitled to receive his necessary actual expenses in going to, attending and returning from meetings.
2. Compensation and expenses of members shall be payable out of funds derived from fees and penalties paid or transmitted to the board under provisions of this chapter, and no part thereof shall ever be paid out of the state treasury.
Sec. 22. Each person desiring a certificate shall make application to the board upon a form, and in a manner, prescribed by the board. The application shall be accompanied by the application fee prescribed by the board.
Sec. 23. Each applicant shall furnish evidence satisfactory to the board that he:
1. Is at least 21 years of age.
2. Is of good moral character.
3. Is a citizen of the United States, or has declared the intention of becoming a citizen.
4. Has finished his residency training in psychiatry from an accredited institution approved by the board or has a graduate degree in psychology, social work, or has training deemed equivalent by the board in both subject matter and extent of training.
5. Has at least 1 year of postgraduate experience in marriage and family counseling deemed satisfactory to the board.
Sec. 24. Each applicant for a certificate may be given a written examination by the board on his knowledge of marriage and family counseling. In addition, the board may require an oral examination. When examinations are given, they shall be given at a time and place and under such supervision as the board may determine. A grade of 75 percent is a passing grade. The board may examine in whatever applied or theoretical fields it deems appropriate.
Sec. 25. The board may grant a certificate without any examination to any person certified by the board of examiners in another state if the board determines that the requirements in such state are at least equivalent to the requirements of this chapter.
Sec. 26. The board shall waive examination and grant a certificate to any applicant who:
1. Has applied in writing to the board not later than October 1, 1973.
2. Is a legal resident of this state and has been principally employed in, or has practiced, marriage and family counseling in this state for at least 1 year prior to July 1, 1973.
3. Meets the requirements of section 23 of this act, except that in lieu of an advanced degree the applicant may, at the discretion of the board, substitute 3 years of experience as a marriage and family counselor.
κ1973 Statutes of Nevada, Page 489 (CHAPTER 374, SB 250)κ
board, substitute 3 years of experience as a marriage and family counselor.
4. Pays to the board the certification fee required by this chapter.
Sec. 27. Every person certified by the board shall be required to submit biennially a completed registration form and pay the biennial registration fee provided for in this chapter.
Sec. 28. The board may refuse to grant a certificate or may suspend or revoke a certificate for any of the following reasons:
1. Conviction of a felony, or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof. The board may inquire into the circumstances surrounding the commission of the offense in order to fix the degree of discipline advisable, or to determine if such a conviction is an offense involving moral turpitude.
2. Habitual drunkenness or addiction to the use of a controlled substance as defined in chapter 453 of NRS.
3. Impersonating a certified marriage and family counselor or allowing another person to use his certificate.
4. Using fraud or deception in applying for a certificate or in passing the examination provided for in this chapter.
5. Rendering or offering to render services outside the area of his training, experience or competence.
6. Committing unethical practices contrary to the interest of the public as deemed by the board.
7. Unprofessional conduct as determined by the board.
Sec. 29. The board may discipline the holder of any certificate whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:
1. Placing him upon probation for a period to be determined by the board.
2. Suspending his certificate for a period not exceeding 1 year.
3. Revoking his certificate.
Sec. 30. A complaint may be made against a certificate by an agency or inspector employed by the board, any other certificatee or any aggrieved person, charging one or more of the causes for which such certificate may be revoked or suspended with such particularity as to enable the defendant to prepare a defense thereto.
Sec. 31. A complaint shall be made in writing and shall be signed and verified by the person making it. The original complaint and two copies shall be filed with the secretary-treasurer.
Sec. 32. As soon as practicable after the filing of a complaint, the board shall fix a date for the hearing thereof, which date shall not be less than 30 days thereafter. The secretary-treasurer shall immediately notify the defendant certificatee of the complaint and the date and place fixed for the hearing thereof. A copy of the complaint shall be attached to the notice.
Sec. 33. The hearing of a complaint shall be conducted in private by the board. The defendant certificatee shall be accorded the right to appear in person and by legal counsel, and shall be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and brief in person or by his counsel.
κ1973 Statutes of Nevada, Page 490 (CHAPTER 374, SB 250)κ
Sec. 34. Upon conclusion of the hearing or as soon as practicable thereafter, the board shall make and announce its decision.
Sec. 35. If the board revokes or suspends a certificate for a fixed time, the certificatee may apply for a rehearing within 10 days and the board may grant such application within 30 days thereafter.
Sec. 36. If the board grants a rehearing, the secretary-treasurer shall immediately notify the certificatee of the date and place which the board has fixed for the rehearing, which date shall not be less than 10 days thereafter. The hearing shall be conducted in the same manner as the former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board shall make and announce its decision.
Sec. 37. If the board renders a decision adverse to the certificatee and denies a rehearing, or if the board grants a rehearing and again decides adversely to the interests of the certificatee, the certificatee is entitled to review pursuant to the Nevada Administrative Procedure Act.
Sec. 38. One year from the date of a revocation of a certificate, application may be made to the board for reinstatement. The board has complete discretion to accept or reject an application for reinstatement and may require examination for such reinstatement.
Sec. 39. Each person holding a certificate as a marriage and family counselor in this state shall pay a biennial registration fee to the board on or before the 1st day of January of each odd-numbered year.
Sec. 40. Failure to pay the biennial registration fee shall automatically effect a revocation of the certificate after a period of 60 days from the 1st day of January of each odd-numbered year. The certificate shall not be restored except upon written application and the payment of the biennial registration fee and the restoration fee required by this chapter.
Sec. 41. After a certificate of a certificatee has lapsed for a continuous period of 5 years, such certificatee applying for reinstatement of a certificate shall reapply for certification under the laws and regulations in effect at the time of application, his previous certification notwithstanding.
Sec. 42. The amount of fees payable to the board pursuant to this chapter shall be fixed by the board according to the following schedule:
1. Examination fee............................................................................................. $30
2. Certification fee............................................................................................. 15
3. Biennial registration fee, not less than $20 nor more than $80, as determined by the board.
4. Restoration of a certificate revoked for nonpayment of the biennial registration fee, not less than $20 nor more than $80, as determined by the board.
5. Application fee.............................................................................................. 15
6. Certification by endorsement under the provision of section 25 of this act 50
Sec. 43. All moneys coming into possession of the board shall be kept or deposited by the secretary-treasurer in banks or savings and loan associations in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.
Sec. 44. 1. It is unlawful for any person to represent himself as a marriage and family counselor within the meaning of this chapter unless he is certified under the provisions of this chapter, except that any marriage and family counselor employed by an accredited educational institution or public agency which has set explicit standards may represent himself by the title conferred upon him by such institution or agency.
κ1973 Statutes of Nevada, Page 491 (CHAPTER 374, SB 250)κ
he is certified under the provisions of this chapter, except that any marriage and family counselor employed by an accredited educational institution or public agency which has set explicit standards may represent himself by the title conferred upon him by such institution or agency.
2. This section does not grant approval for any person to offer his services as a marriage and family counselor to any other person as a consultant, and to accept remuneration for such services, other than that of his institutional salary, unless he has been certified under the provisions of this chapter.
3. A student of psychology or social work, a psychological or social work intern and any other person preparing for the profession of marriage and family counseling under the supervision of a qualified psychologist, social worker, psychiatrist or marriage and family counselor in training institutions or facilities recognized by the board may be designated by the title marriage and family counselor trainee, psychology trainee, social work trainee, or any other title which clearly indicates his training status.
Sec. 45. A marriage and family counselor not a resident of Nevada and not certified in Nevada who meets the requirements for certification in this chapter is not subject to the provisions of this chapter if he does not practice marriage and family counseling in the State of Nevada for over 30 days in any one calendar year, and if he is invited as a consultant by a marriage and family counselor certified in Nevada.
Sec. 46. It is unlawful for any person, other than a person certified under this chapter, to employ or use the term marriage and family counselor, marital adviser, marital therapist, or marital consultant, or any similar titles, in connection with his work, or in any way imply that he is certified by the board, unless he is certified under this chapter, except as specified in subsection 1 of section 44 of this act.
Sec. 47. Any person who violates any of the provisions of this chapter or, having had his certificate suspended or revoked, continues to represent himself as a marriage and family counselor, is guilty of a misdemeanor. Each violation shall be deemed a separate offense.
Sec. 48. A violation of this act by a person unlawfully representing himself as a marriage and family counselor as defined in this chapter may be enjoined by a district court on petition by the board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself as a marriage and family counselor, the court shall enjoin him from such representation unless and until he has been duly certified. Procedure in such cases shall be the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.
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κ1973 Statutes of Nevada, Page 492κ
Senate Bill No. 519Senator Swobe
CHAPTER 375
AN ACT authorizing and directing the state land register to convey by quitclaim deed certain real property situated in Washoe County, Nevada, to the City of Reno; and providing other matters properly relating thereto.
[Approved April 15, 1973]
Whereas, The State of Nevada is the reputed owner of a small strip of land lying immediately south of Kuenzli Street, formerly known as North Street in the City of Reno; and
Whereas, The State of Nevada has conveyed to the City of Reno by Quitclaim Grant of Easement, recorded in Book 284 at Page 699 as Document 100599 of the Official Records of Washoe County, an easement for road improvements and beautification of the banks of the Truckee River; and
Whereas, The City of Reno has used a portion of the land described in the easement above for street improvements which are now known as Kuenzli Street, formerly known as North Street; and
Whereas, The small strip of real property described herein cannot be used by the City of Reno for any of the purposes set out in the Quitclaim Grant of Easement; and
Whereas, The strip of land described herein has no market value except to the adjoining property owners; and
Whereas, It would be in the best interests of the public for the State of Nevada to convey all its right, title and interest in the property described herein to the City of Reno; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other provision of law, the state land register, on behalf of the State of Nevada, shall convey, by quitclaim deed and without consideration, to the City of Reno, all of the right, title and interests of the State of Nevada in and to that certain parcel of land situated in the County of Washoe, State of Nevada, and more particularly described as follows:
All of the bed of the thread of the Truckee River lying southerly of the south line of North Street as set forth in License Survey No. 200147, filed in the office of the County Recorder, Washoe County, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 493κ
Assembly Bill No. 713Mrs. Brookman, Messrs. Bremner, May, Craddock, Mesdames Ford, Gojack, Messrs. Banner, Barengo, Lowman, Prince, Schofield, Vergiels, Hickey, Robinson, Ullom, Bickerstaff, Smalley, Wittenberg and Ashworth
CHAPTER 376
AN ACT relating to taxation; providing for the submission to the registered voters at the general election in 1974 of the question whether the Sales and Use Tax Act of 1955 should be amended to authorize the Nevada tax commission to impose a lesser penalty for failure to pay sales and use tax on time instead of the mandatory penalty of 10 percent of such tax.
[Approved April 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. At the general election on November 5, 1974, a proposal shall be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law shall be in substantially the following form:
Notice is hereby given that at the general election on November 5, 1974, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955.
THE PEOPLE OF THE STATE OF NEVADA
DO ENACT AS FOLLOWS:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by amending section 97 thereof to read as follows:
Section 97. Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the tax commission under part 7 of this act, within the time required shall pay a penalty of not more than 10 percent of the tax or amount of the tax, as determined by the tax commission, in addition to the tax or amount of tax, plus interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected became due and payable to the state until the date of payment.
Sec. 2. This act shall become effective on January 1, 1975.
κ1973 Statutes of Nevada, Page 494 (CHAPTER 376, AB 713)κ
Sec. 4. The ballot labels to be used on voting machines used in voting on the question shall be in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to allow the Nevada tax commission to impose a penalty of 10 percent or less if the tax is not paid on time, rather than the 10 percent penalty now mandatory as required by law?
YES ................................................ NO
Sec. 5. The paper ballots to be used shall contain the question to be voted upon and an explanation in substantially the following form:
Shall — An Act to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955. — be approved?
YES ................................................ NO
(Explanation of the Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would allow the Nevada tax commission to impose a penalty of 10 percent or less if a taxpayer failed to pay sales and use tax on time. The existing law requires a full 10 percent penalty. A yes vote is to make the lesser penalty available for imposition by the Nevada tax commission. A no vote retains the 10 percent mandatory penalty for failure to pay the sales and use tax on time.
Sec. 6. If a majority of the votes cast on the question is yes, the amendments to the Sales and Use Tax Act of 1955 shall become effective on January 1, 1975. If a majority of the votes cast on the question is no, the question shall have failed and the amendments to the Sales and Use Tax Act of 1955 shall not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held shall be so construed as not to invalidate the adoption of the act by a majority of the registered voters, voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether such amendments were adopted or rejected by a majority of such registered voters.
Sec. 9. NRS 372.505 is hereby amended to read as follows:
372.505 Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the tax commission under NRS 372.400 to 372.455, inclusive, within the time required shall pay a penalty of not more than 10 percent of the tax or amount of the tax, as determined by the commission, in addition to the tax or amount of tax, plus interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected became due and payable to the state until the date of payment.
κ1973 Statutes of Nevada, Page 495 (CHAPTER 376, AB 713)κ
Sec. 10. Sections 1 to 8, inclusive, of this act shall become effective on July 1, 1973. Section 9 shall become effective on January 1, 1975, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 5, 1974.
________
Senate Bill No. 367Committee on Commerce and Labor
CHAPTER 377
AN ACT relating to industrial insurance; authorizing the Nevada industrial commission to audit certain private disability and death plans in certain employments to determine their qualification under the Nevada Industrial Insurance Act; and providing other matters properly relating thereto.
[Approved April 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission may determine whether or not private disability and death benefit plans specified in subsection 2 of NRS 616.255 provide payments of compensation of equal or greater amounts for the purposes covered in this chapter and may hold hearings to resolve any controversy between an injured employee, or in the case of his death his dependents, and the employer or carrier under such plan relating to the benefits payable to any such employee or his dependents thereunder.
2. Every employer in an employment specified in subsection 2 of NRS 616.255 shall annually:
(a) Submit to the commission for approval a certified copy of the disability and death benefit plans covering his employees.
(b) Submit to the commission, in the form prescribed by the commission, financial information relating to employee exposure and claim losses incurred in such employment.
(c) Report to the commission accidents for which benefits under such plans are provided.
3. If the commission determines that a private disability and death benefit plan specified in subsection 2 of NRS 616.255 does not provide payments of compensation of equal or greater amounts for the purposes covered in this chapter, this chapter shall become applicable to the employment covered by such plan.
________
κ1973 Statutes of Nevada, Page 496κ
Assembly Bill No. 784Messrs. Smith, Smalley, May and Ullom
CHAPTER 378
AN ACT granting a franchise to Walter T. Marron and Le Moyne E. Marron, doing business as Henderson Cab Company to provide taxicab service to and from and within the area of Henderson, Nevada; describing the permissible area of service; and providing other matters properly relating thereto.
[Approved April 17, 1973]
Whereas, The City of Henderson requires a home-based taxicab service but cannot provide sufficient business to support a taxicab company; and
Whereas, Walter T. Marron and Le Moyne E. Marron, d.b.a. Henderson Cab Company are currently providing taxicab service to the City of Henderson and were granted authority to expand their operation by the taxicab authority on February 15, 1972; and
Whereas, The order of the district court setting aside the order of February 15, 1972, was based on insufficiency of proof and did not undertake to determine the need for service; and
Whereas, The Henderson Cab Company cannot continue its business unless its area of service is extended; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. A franchise is hereby granted to Walter T. Marron and Le Moyne E. Marron, doing business as Henderson Cab Company and hereinafter referred to as Henderson Cab Company to engage in transportation in intrastate commerce as a taxicab motor carrier subject to the provisions of chapter 706 of NRS and the rules and regulations of the taxicab authority.
2. As a further condition of operating under the franchise granted in subsection 1, the Henderson Cab Company shall render reasonably continuous and adequate service to the public. If the taxicab authority determines, after hearings as provided in NRS 706.8822 and 706.8823, that the Henderson Cab Company has failed to render such service, the taxicab authority may revoke the franchise granted in subsection 1.
3. The territory to be served by the Henderson Cab Company pursuant to the franchise granted in subsection 1 is more particularly bounded and described as follows:
The point of beginning is located within section 8, T. 23 S., R. 61 E., M.D.B. & M., and more particularly where Interstate Highway 15 and state route 41 intersect;
Thence, due east to U.S. Highway 95;
Thence, due north to the fifth standard parallel south;
Thence, due west to Interstate Highway 15;
Thence, southerly along and including Interstate Highway 15 to the point of beginning.
4. The Henderson Cab Company may transport passengers:
(a) Between any points within the boundaries described in subsection 3.
κ1973 Statutes of Nevada, Page 497 (CHAPTER 378, AB 784)κ
(b) From any point within the boundaries described in subsection 3 to any point in the State of Nevada.
(c) From any point in Clark County, Nevada, to any point within the boundaries described in subsection 3.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 585Messrs. Dini and Jacobsen
CHAPTER 379
AN ACT to amend NRS 616.070, relating to the coverage of volunteer firemen under the Nevada Industrial Insurance Act, by increasing the assumed wage.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.070 is hereby amended to read as follows:
616.070 Volunteer firemen belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$325] $600 per month, and shall be entitled to the benefits of this chapter upon such city, town, county or district complying therewith.
________
Senate Bill No. 184Committee on Commerce and Labor
CHAPTER 380
AN ACT relating to the Nevada industrial commission; extending its authority to invest in office buildings; and providing other matters properly relating thereto.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.180 is hereby amended to read as follows:
616.180 1. [The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties in that certain building heretofore purchased by the commission under the authority granted by chapter 177, Statutes of Nevada 1923. The portion of the building not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.
κ1973 Statutes of Nevada, Page 498 (CHAPTER 380, SB 184)κ
2.] The commission is authorized, pursuant to a resolution of the commission approved by the governor, to invest not to exceed [5] 10 percent of the total assets of the state insurance fund in office buildings in [Carson City and Las Vegas, Nevada.] this state. The commission shall cooperate with the state planning board in all planning and construction undertaken by the commission pursuant to this section. The commission is authorized to occupy whatever room or rooms are necessary for the performance of its duties, and [the portion of such building] any such buildings or portions thereof not occupied by the commission may be rented only to other state agencies, departments, commissions, bureaus and officers.
[3.] 2. The title of any real property purchased under the authority granted by subsection [2] 1 shall be examined and approved by the attorney general.
[4.] 3. Any income derived from rentals shall be deposited [in the rent and expense fund] as provided in NRS 616.450.
[5.] 4. The commission is authorized, pursuant to a resolution of the commission approved by the governor, to sell any real property acquired by it pursuant to the provisions of [subsections 1 or 2.] subsection 1. All moneys received by the commission for the sale of such real property shall be deposited in the state insurance fund.
________
Senate Bill No. 188Committee on Commerce and Labor
CHAPTER 381
AN ACT relating to the Nevada industrial commission; strengthening the prohibition against double recovery for the same injury on the part of a claimant; and providing other matters properly relating thereto.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.560 is hereby amended to read as follows:
616.560 1. When an employee coming under the provisions of this chapter receives an injury for which compensation is payable under this chapter and which injury was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:
(a) The injured employee, or in case of death, his dependents, may take proceedings against that person to recover damages, but the amount of the compensation to which the injured employee or his dependents are entitled under this chapter, including any future compensation under this chapter, shall be reduced by the amount of the damages recovered.
(b) If the injured employee, or in case of death, his dependents, in such case received compensation under this chapter, the commission, by whom the compensation was paid, shall have a right of action against the person so liable to pay damages as aforesaid, and shall be subrogated to the rights of the injured employee or of his dependents to recover therefor; provided:
κ1973 Statutes of Nevada, Page 499 (CHAPTER 381, SB 188)κ
the rights of the injured employee or of his dependents to recover therefor; provided:
(1) That in any action or proceedings taken by the commission under this section evidence of the amount of compensation, accident benefits and other expenditures which the commission has paid or become obligate to pay by reason of the injury or death of the employee shall be admissible; and
(2) That if in such action or proceedings the commission shall recover more than the amounts it has paid or become obligated to pay as compensation, it shall pay the excess to the injured employee or his dependents.
(c) The injured employee, or in case of death, his dependents, shall first notify the commission in writing of any action or proceedings, pursuant to this section, to be taken by the employee or his dependents.
2. In any case where the commission [shall be] is subrogated to the rights of the injured employee or of his dependents as provided in subsection 1, the commission shall have a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. In no case shall the injured employee, or in the case of his death, his dependents, realize double recovery for the same injury.
3. The lien provided for under subsection 2 shall include the total compensation expenditure incurred by the commission for the injured employee and his dependents.
4. Within 15 days of the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise, the injured employee or his representative shall notify the commission of such recovery and pay to the commission the amount due under this section together with an itemized statement showing the distribution of the total recovery.
5. In any trial of an action by the injured employee, or in the case of his death, by his dependents, against a person, other than the employer or a person in the same employ, the court shall receive proof of the amount of all payments made or to be made by the commission without revealing to the jury that such payments were made by the commission.
________
Assembly Bill No. 89Committee on Transportation
CHAPTER 382
AN ACT relating to the sale of used vehicles; requiring the removal of the license plates prior to the sale or delivery of a used vehicle in the State of Nevada; providing a penalty; and providing other matters properly relating thereto.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.550 is hereby amended to read as follows:
482.550 1. It [shall be] is unlawful to sell or deliver any used automobile or other vehicle, within the State of Nevada, when such vehicle is not registered in the State of Nevada and has displayed on it a vehicle license plate or plates issued by another state or nation.
κ1973 Statutes of Nevada, Page 500 (CHAPTER 382, AB 89)κ
not registered in the State of Nevada and has displayed on it a vehicle license plate or plates issued by another state or nation. [, unless the vehicle is sold and delivered to a bona fide resident of another state or nation and the vehicle is to be immediately removed from the State of Nevada.] The actual cost of [licensing and] registering the vehicle in Nevada shall be paid by the purchaser of the vehicle.
2. Every person, firm, association or corporation selling [or delivering] any used vehicle [described in subsection 1,] which has displayed on it a vehicle license plate or plates issued by any state or nation, before selling [or delivering] such vehicle [,] or delivering it after sale, shall remove from such vehicle any such license plate or plates, and turn in such plate or plates to the department [at the time of registration in the State of Nevada.] or an authorized agent of the department.
3. Any person violating any provision of this section [shall be] is guilty of a misdemeanor.
________
Assembly Bill No. 474Mr. Torvinen
CHAPTER 383
AN ACT relating to county fair and recreation boards; extending certain provisions of law to boards in all counties.
[Approved April 18, 1973]
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] In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board shall consist of 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.
κ1973 Statutes of Nevada, Page 501 (CHAPTER 383, AB 474)κ
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.
5. The terms of members appointed pursuant to paragraphs (a), (b) and (c) shall be coterminous with their terms of office. Any such member may succeed himself.
Sec. 2. NRS 244.7803 is hereby amended to read as follows:
244.7803 [The] Each county fair and recreation board [as constituted pursuant to NRS 244.7802 shall,] may, by resolution, designate the name by which the fair and recreation board of that county shall be known, and the name designated may contain the name of the largest incorporated city within the county. It shall be lawful for the fair and recreation board of such county to use such designated name for all purposes, including the right to contract, to sue and be sued, and to perform all of its functions and exercise all of its powers.
Sec. 3. NRS 244.7801 is hereby repealed.
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Assembly Bill No. 754Messrs. Bennett, Crawford, Mesdames Gojack and Ford
CHAPTER 384
AN ACT relating to aid to dependent children; providing that aid to a dependent child shall not be reduced under certain circumstances because of the earned income of such child.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 425 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The welfare division in computing the amount of assistance to be granted to a dependent child shall not take into consideration any earned income of such child, otherwise eligible, if:
(a) He is under 14 years of age.
(b) He is 14 years of age or older and is a full-time student, or a part-time student not employed full-time.
2. For the purposes of subsection 1:
(a) A full-time student is one whose school schedule equals a full-time curriculum in a public school, university or other school licensed by the state board of education.
κ1973 Statutes of Nevada, Page 502 (CHAPTER 384, AB 754)κ
(b) A part-time student is one whose schedule equals at least one-half of a full-time curriculum.
(c) A student is not employed full-time when he works less than 40 hours per week.
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Assembly Bill No. 808Messrs. Hickey, Barengo and Dreyer
CHAPTER 385
AN ACT to amend NRS 34.380, relating to writs of habeas corpus, by limiting the right of certain interlocutory appeals in criminal cases; and providing other matters properly relating thereto.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 34.380 is hereby amended to read as follows:
34.380 1. The writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time; provided:
(a) Each of the justices of the supreme court shall have power to issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of the district court, as provided in section 4 of article VI of the constitution of the State of Nevada.
(b) District judges shall have the power only to issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom the application for the writ shall be made, as provided in section 6 of article VI of the constitution of the State of Nevada.
(c) A district court shall not consider any pretrial petition for habeas corpus:
(1) Based on alleged want of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge if such petition is not filed and brought on for hearing before a plea to the charge is entered by the accused or on the accuseds behalf by his counsel or the court.
(2) Based on a ground that petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.
2. When an application is made to a justice of the supreme court for a writ of habeas corpus and the same shall be entertained by the justice, or the supreme court, and thereafter denied, the person making such application shall not have the right, nor the power, to submit thereafter an application to the district judge of the district wherein such applicant is held in custody, nor to any other district judge in any other judicial district of the state, which application shall be premised upon the illegality of the same charge upon which such applicant is held in custody.
κ1973 Statutes of Nevada, Page 503 (CHAPTER 385, AB 808)κ
3. An applicant who has petitioned the district judge of a judicial district, as provided in this chapter, and whose application for such writ is denied, may appeal to the supreme court from the order and judgment of the district judge or district court refusing to grant the writ or to discharge the applicant, but such appeal shall be taken within [30] 15 days from the day of entry of the order or judgment.
4. The State of Nevada is an interested party in habeas corpus proceedings, and, in the event the district judge or district court to whom or to which an application for a writ of habeas corpus has been made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but such appeal shall be taken within [20] 15 days from the day of entry of the order.
5. Whenever an appeal is taken from an order of the district court granting or denying a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the courts right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the supreme court of Nevada, as the record on appeal, the original papers on which such petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of such transcript in preference to any request for a transcript in any civil matter. When such appeal is docketed in the supreme court of Nevada, it stands submitted without further briefs or oral argument, unless the supreme court otherwise orders.
6. NRS 1.230 [shall be] is applicable to the proceedings set forth [herein.] in this section.
________
Assembly Bill No. 365Mr. Broadbent
CHAPTER 386
AN ACT relating to the regulation of the practice of medicine; making extensive amendments to chapter 630 of NRS; providing for the licensure of physicians by the board of medical examiners; providing for the regulation of physicians assistants by the board of medical examiners; providing penalties; and providing other matters properly relating thereto.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in this chapter, physicians assistant means a person who is a graduate of an academic program approved by the board or who, by general education, practical training and experience determined to be satisfactory by the board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a certificate by the board.
κ1973 Statutes of Nevada, Page 504 (CHAPTER 386, AB 365)κ
to be satisfactory by the board, is qualified to perform medical services under the supervision of a supervising physician and who has been issued a certificate by the board.
Sec. 3. As used in this chapter, supervising physician means an active physician licensed in the State of Nevada who cosigns the application for certification of a physicians assistant and who employs and supervises the physicians assistant.
Sec. 4. NRS 630.020 is hereby amended to read as follows:
630.020 1. As used in this chapter, practice of [medicine, surgery and obstetrics means:
(a) To open an office for such purpose; or
(b) To give surgical assistance to any person; or
(c) To suggest, recommend, prescribe or direct for the use of any person any drug, medicine, appliance or other agency, whether material or not material, for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, bodily injury or deformity.] medicine means:
(a) To diagnose, treat, correct or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.
(b) To apply principles or techniques of medical science in the diagnosis or the prevention of any of the conditions listed in paragraph (a).
(c) To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in paragraphs (a) and (b).
2. It shall also be regarded as practicing medicine within the meaning of this chapter if anyone [shall use] uses in connection with his name the words or letters M.D., or any other title, word, letter, or other designation intended to imply or designate him as a practitioner of medicine [or surgery or obstetrics] in any of its branches.
Sec. 5. NRS 630.030 is hereby amended to read as follows:
630.030 As used in this chapter, unprofessional conduct means:
1. [Obtaining a certificate upon fraudulent credentials, or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
4. Advertising medical business in which grossly improbable statements are made.
5. Any advertising of any medicine or any means whereby the monthly periods of women can be regulated, or menses reestablished if suppressed.] Willfully and intentionally making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice medicine.
2. Willfully and intentionally representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Performing, assisting or advising an unlawful abortion.
4. Advertising the practice of medicine in an unethical manner.
5. Engaging in any unethical or deceptive professional conduct or medical practice harmful to the public, in which proof of actual injury need not be established.
κ1973 Statutes of Nevada, Page 505 (CHAPTER 386, AB 365)κ
medical practice harmful to the public, in which proof of actual injury need not be established.
6. Willful disobedience of [the law, or of] the rules and regulations of the state board of health [.] or of the board of medical examiners.
7. Conviction of any offense involving moral turpitude or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.
8. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, otherwise than in the course of legitimate professional practice [and for the prevention, alleviation or cure of disease or for the relief of suffering,] or as authorized by law and not primarily for the purpose of catering to the cravings of an addict.
9. Conviction [or] of violation of any federal or state law regulating the possession, distribution or use of any such controlled substance. The record of conviction shall be conclusive evidence of such unprofessional conduct.
10. [Habitual intemperance or] Practicing medicine when unable to do so with reasonable skill and safety to patients by reason of illness, excessive use of alcohol or alcoholic beverages or any controlled substances as defined in chapter 453 of NRS [.] , or any mental or physical condition.
11. [Conduct unbecoming a person licensed to practice medicine or detrimental to the best interests of the public.
12.] Any departure from, or failure to conform to, the minimal standards of acceptable and prevailing medical practice, in which proof of an actual injury to a patient need not be established.
12. Any conduct detrimental to the public health, safety or morals.
13. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this chapter.
[13.] 14. Employing, directly or indirectly, any suspended or unlicensed [practitioner in the practice of any system or mode of treating the sick or afflicted,] person in the practice of medicine, or the aiding or abetting of any unlicensed person to practice medicine as defined in this chapter.
[14. Gross negligence in the practice of any phase of the profession.]
15. Directly or indirectly giving to or receiving from any person, firm or corporation, any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a person licensed under this chapter in his professional capacity or for any professional services not actually and personally rendered. This subsection does not prohibit persons holding valid and current licenses under this chapter from practicing medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or from pooling, sharing, dividing or apportioning the fees and moneys received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association. This subsection does not abrogate the right of two or more persons holding valid and current licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each.
κ1973 Statutes of Nevada, Page 506 (CHAPTER 386, AB 365)κ
current licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and responsibility assumed by each.
[15. The adjudication of insanity] 16. Practicing medicine after having been adjudicated insane by a court of competent jurisdiction [.] within or out of this state. The record of the adjudication, judgment or order of commitment is conclusive evidence of such [unprofessional conduct.] adjudication.
Sec. 6. NRS 630.060 is hereby amended to read as follows:
630.060 1. Each member of the board shall be [a reputable practicing physician, who has in a regular manner obtained the degree of doctor of medicine from some legally chartered medical institution in the United States or Canada, and who shall have been actually engaged] licensed to practice medicine in the State of Nevada, shall have been engaged in the practice of medicine in the State of Nevada for a period of more than 5 years preceding his appointment and shall be actually engaged in the practice of medicine in the State of Nevada.
2. The members of the board shall be selected without regard to their individual political beliefs.
Sec. 7. NRS 630.070 is hereby amended to read as follows:
630.070 1. [Members of the board shall hold office for a term of 4 years and until their successors are appointed and qualified.
2. The members of the board in office on March 28, 1949, shall continue to hold their offices for the terms for which they were appointed.] Upon the expiration of the terms of those members serving on the board on the effective date of this act, the governor shall appoint two members for 2-year terms, one member for a 3-year term and two members for 4-year terms. Thereafter, each member shall be appointed for a term of 4 years.
2. Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and qualifies. No term of office shall extend more than 4 years beyond the expiration of the preceding term of office.
3. If a vacancy occurs in the board, [or] a member is absent from the state for a period of 6 months without permission from the board, a member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor, and the governor shall appoint a person duly qualified under this chapter to [fill] replace the member for the remainder of the unexpired term.
Sec. 8. NRS 630.080 is hereby amended to read as follows:
630.080 Before entering upon the duties of his office, each member of the board shall take:
1. The constitutional oath of office; and
2. An oath that he is [a graduate doctor] licensed to practice medicine in this state and is actually engaged in the practice of medicine in this state.
Sec. 9. NRS 630.100 is hereby amended to read as follows:
630.100 1. The board shall [hold its regular meetings on the 1st Monday of May and the 1st Monday in November of each year, at such time and place as shall be most convenient to the board.
κ1973 Statutes of Nevada, Page 507 (CHAPTER 386, AB 365)κ
Monday of May and the 1st Monday in November of each year, at such time and place as shall be most convenient to the board.
2. Special meetings may be called at such time and place as the board may elect on the call of the president or on the call of not less than three members of the board. A written notice of the time, place and object of a special meeting shall be mailed by the secretary of the board to all members at least 5 days before the date of the meeting. At a special meeting so called, the board may perform any acts authorized at a regular meeting.
3.] meet at least twice annually and may meet at other times on the call of the president or a majority of its members.
2. A majority of the board shall constitute a quorum to transact all business.
Sec. 10. NRS 630.110 is hereby amended to read as follows:
630.110 1. Out of the funds coming into the possession of the board, each member of the board shall receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) [Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.] Reimbursement for his actual and necessary expenses incurred in the performance of his duties, as provided in this chapter.
2. Expenses shall be paid from the fees received by the board under the provisions of this chapter, and no part of the salaries or expenses of the board shall be paid out of the general fund of the state treasury.
3. All moneys received by the board shall be deposited in banks and savings and loan associations in the State of Nevada, and shall be paid out on its order for its expenses and the [traveling] expenses of the members.
Sec. 11. NRS 630.130 is hereby amended to read as follows:
630.130 The board may, from time to time, adopt such rules as may be necessary or desirable to enable it to carry into effect the provisions of this chapter.
Sec. 12. NRS 630.140 is hereby amended to read as follows:
630.140 1. The board shall have the authority to hold hearings and conduct investigations pertaining to the issuance, suspension or revocation of licenses and pertaining to other disciplinary action and to take evidence on any matter [pertaining to its duties.] under inquiry before the board.
2. For the purposes of this chapter, the secretary or president of the board shall have the authority to issue subpenas for the attendance of witnesses or for the production of documentary or tangible evidence.
3. For the purposes of this chapter, the secretary of the board, or in his absence any member of the board, shall have the power to administer oaths.
Sec. 13. NRS 630.150 is hereby amended to read as follows:
630.150 It shall be unlawful for any person to practice medicine [, surgery or obstetrics] in the State of Nevada without first obtaining a license or permit so to do as provided in this chapter. This section does not prevent the service of physicians assistants who have complied with the provisions of this chapter.
κ1973 Statutes of Nevada, Page 508 (CHAPTER 386, AB 365)κ
Sec. 14. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine [, surgery and obstetrics in any of their branches] shall, before beginning to practice, procure from the board a [certificate] license or permit authorizing such practice.
2. A [certificate] license or permit may be issued to any person who: [is]
(a) Is a citizen of the United States or [any person who] has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, [is a lawful permanent resident of the United States, who has served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association or has been engaged in the actual practice of medicine for over 7 years immediately previous to March 28, 1949.] has filed a declaration of intention to become a citizen; and
(b) Has completed 1 year postgraduate training approved by the board.
Sec. 15. NRS 630.170 is hereby amended to read as follows:
630.170 1. The applicant for a [certificate] license to practice medicine [, surgery and obstetrics] who is a graduate of a medical school located in the United States or Canada shall submit to the board, through its secretary:
(a) [His diploma or a photostatic copy thereof issued by] Proof of graduation from a United States or Canadian medical school recognized as reputable by the board, the requirements of which medical school shall have been, at the time of [granting such diploma,] his graduation, in no particular less than those prescribed for that year by the American Medical Association. [The board may retain the diploma for a reasonable time, not to exceed 6 months.]
(b) An affidavit [setting forth the number and duration of terms the applicant was required to attend, that the applicant is the lawful possessor of the diploma, is the person named therein,] that the applicant is the person named in the proof of graduation and that it was procured without fraud or misrepresentation of any kind.
(c) A certificate or other document providing a period of [internship of not less than 1 year in a hospital recognized for interne training by the American Medical Association, unless he has been engaged in the actual practice of medicine for over 7 years immediately previous to March 28, 1949.
(d) An affidavit of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is the identical person named in the diploma and is of good moral standing and of good repute.
(e) A fee of $100, which shall in no case be returned.] 1 year of postgraduate training, which training must be approved by the board.
2. In addition to the affidavits or proofs required by subsection 1, the board may take such further evidence and require such other documents or proof of qualifications as in its discretion may be deemed proper. [concerning the matters embraced therein.]
3. If it [shall appear] appears that the applicant is not of good moral character or reputation or that any credential submitted is false, the applicant [shall] may be rejected.
κ1973 Statutes of Nevada, Page 509 (CHAPTER 386, AB 365)κ
character or reputation or that any credential submitted is false, the applicant [shall] may be rejected.
Sec. 16. NRS 630.180 is hereby amended to read as follows:
630.180 1. Before issuance of a [certificate] license to practice medicine, [surgery and obstetrics] the applicant [, who shall have] who is otherwise eligible for licensure in the State of Nevada and has paid the fee and presented the credentials specified in NRS 630.170 [,] shall appear personally and pass a satisfactory written examination as to qualifications therefor. [before the board.]
2. The examination shall be fair and impartial, practical in character, and the questions shall be designated to discover the applicants fitness.
3. [After an examination shall have been completed, the examination papers, as a part of the boards records, shall be filed by the secretary of the board, and retained in the files of the board for a period of 5 years.
4. There shall be no refund of the examination fee if the applicant fails to pass the examination.] The board may employ specialists and other professional consultants or examining services in conducting the examination.
Sec. 17. NRS 630.190 is hereby amended to read as follows:
630.190 1. If an applicant fails in a first examination, he may [,] be reexamined after not less than 6 months. [, be reexamined without additional fee.]
2. If he [fail] fails in a second examination, he shall not thereafter be entitled to another examination within less than 1 year after the date of the second examination, [and shall be required to pay the full fee for such examination.] and prior thereto he shall furnish proof to the board of further postgraduate training following the second examination satisfactory to the board.
Sec. 18. NRS 630.195 is hereby amended to read as follows:
630.195 1. The applicant for a [certificate] license to practice medicine [, surgery and obstetrics] who is a graduate of a foreign medical school shall submit to the board through its secretary:
(a) Proof that he is a citizen of the United States, has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen.
(b) [Proof that he has completed 2 years of satisfactory service as an interne in a hospital in the United States or Canada approved by the Council on Medical Education of the American Medical Association, such training to have been completed within the 5-year period preceding application. The board may consider 1 or more years of post-graduate study or residency training in an approved medical school or hospital in the United States or Canada as a substitute for 1 year of the internship herein required.
(c)] Proof that he has received the degree of Doctor of Medicine or its equivalent, as determined by the board, from a foreign medical school recognized by the Educational Council of Foreign Medical Graduates and has received the standard certificate of the Educational Council of Foreign Medical Graduates.
κ1973 Statutes of Nevada, Page 510 (CHAPTER 386, AB 365)κ
(c) Proof that he has completed 3 years of postgraduate training satisfactory to the board.
(d) Proof that he has passed, with a grade acceptable to the board, [the examination of the National Board of Medical Examiners or the Federal Licensing Examination of the Federation of State Medical Boards of the United States, Inc., given by a medical examining board of another state or the District of Columbia.
(e) Affidavits of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is of good moral standing and reputation.
(f) Proof that he has satisfactorily served as a resident medical officer in a hospital in Nevada for not less than 1 year under a permit issued by the board.
(g) A fee of $200, which in no case shall be returned.] an examination designated by the board.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board recognized by the American Medical Association, the requirements of paragraphs [(b), (d) and (f)] (c) and (d) of subsection 1 may be waived by the board.
4. Before issuance of a [certificate] license to practice medicine, [surgery and obstetrics,] the applicant who [pays the fee and] presents the proof required by subsection 1 shall appear personally before the board and satisfactorily pass [an examination] a written or oral examination, or both, as to his qualifications to practice medicine. [, surgery and obstetrics.]
Sec. 19. NRS 630.200 is hereby amended to read as follows:
630.200 Any unsuccessful applicant [shall have the right to] may appeal to the [courts, requiring the board to show cause why such applicant should not be permitted to practice medicine, surgery and obstetrics in the State of Nevada.] district court to review the action of the board, if he files his appeal within 6 months from the date of the rejection of his application by the board. Upon appeal the applicant has the burden to show that the action of the board is erroneous or unlawful.
Sec. 20. NRS 630.210 is hereby amended to read as follows:
630.210 [1.] The board may, in its discretion, [subject to investigation, accept and register, upon payment of the registration fee and with or without examination of the applicant, any] license an applicant who holds a current and valid license or certificate [which shall have been] issued to him by the medical examining board of the District of Columbia or of any state or territory of the United States, or a certificate as diplomate of the National Board of Medical Examiners of the United States, provided:
[(a)] 1. That the legal requirements of such medical examining board [shall have been,] were, at the time of issuing such license or certificate, in no degree or particular less than those of Nevada at the time when such license or certificate was issued; [and
(b) That, excepting the holders of certificates as diplomates of the National Board of Medical Examiners of the United States, the provisions of this section shall be held to apply only to such of the medical examining boards as accept and register without examination other than oral, the certificates granted by the board of medical examiners of the State of Nevada.
κ1973 Statutes of Nevada, Page 511 (CHAPTER 386, AB 365)κ
National Board of Medical Examiners of the United States, the provisions of this section shall be held to apply only to such of the medical examining boards as accept and register without examination other than oral, the certificates granted by the board of medical examiners of the State of Nevada.
2. The grantee of a certificate or license to practice under this chapter upon the ground of such reciprocity, and with oral examination only, shall pay for such certificate or license a fee of $200.]
2. That the applicant is of good moral character and reputation;
3. That, at the discretion of the board, the applicant may be required to pass an oral examination; and
4. That the applicant shall furnish to the board such other proof of qualifications, professional or moral, as the board may require.
Sec. 21. NRS 630.220 is hereby amended to read as follows:
630.220 [1.] The board shall [procure books for the purpose of recording the names of all persons to whom it issues certificates. In the books] maintain records pertaining to applicants to whom licenses or permits have been issued or denied. In the records shall be recorded:
[(a)] 1. The names of all applicants.
[(b)] 2. The name of the school granting the diploma.
[(c)] 3. The date of the diploma.
[(d)] 4. Residence of the applicant.
[(e)] 5. The date of issuance or denial of [certificate.
2. The books shall be filed in a fireproof safe in the office of the secretary, who shall record the unsuccessful applicants, furnishing the same information as required by subsection 1.] the license or permit.
6. Any other information required by the board.
Sec. 22. NRS 630.230 is hereby amended to read as follows:
630.230 All [certificates] licenses or permits issued by the board shall bear its seal and the signatures of its president and secretary, and shall authorize the person to whom it is issued to practice medicine. [, surgery, obstetrics or other system or modes of diagnosis or treatment of disease in this state, upon complying with the requirements of this chapter.]
Sec. 23. NRS 630.240 is hereby amended to read as follows:
630.240 Every person to whom the board shall issue a [certificate] license shall present the same to the county recorder of the county in which he desires to practice, and have the same recorded and pay the usual fees for recording such papers.
Sec. 24. NRS 630.250 is hereby amended to read as follows:
630.250 All valid licenses to practice medicine [, surgery and obstetrics] issued prior to [March 28, 1949,] July 1, 1973, shall remain in full effect but subject to the provisions of this chapter.
Sec. 25. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 29, inclusive, of this act.
Sec. 26. 1. The board may, at its discretion:
(a) Issue a temporary license, to be effective not more than 6 months after issuance, to any physician who is eligible for a permanent license in the State of Nevada and who also is of good moral character and reputation. The purpose of the temporary license shall be to enable an eligible physician to serve as a substitute for some other physician who is duly licensed to practice medicine in the State of Nevada and who is absent from his practice for reasons deemed sufficient by the board.
κ1973 Statutes of Nevada, Page 512 (CHAPTER 386, AB 365)κ
licensed to practice medicine in the State of Nevada and who is absent from his practice for reasons deemed sufficient by the board. A temporary license, issued under the provisions of this subsection, is not renewable and may be revoked at any time for reasons deemed sufficient by the board.
(b) Issue a special license to a duly licensed physician of an adjoining state to come into this state to care for or assist in the treatment of his own patients in association with a physician duly licensed in this state who shall have the primary care of the patients. A special license, issued under the provisions of this subsection, may be revoked at any time for reasons deemed sufficient by the board.
(c) Issue a special license to a duly qualified physician of another state to practice medicine in this state for a specified period of time and for specified purposes.
2. Every physician who is licensed under the provisions of subsection 1 and who accepts the privilege of practicing medicine in this state under the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time, without notice or hearing, for reasons deemed sufficient by the board.
3. The board may adopt rules and regulations to carry out the purposes of this section.
Sec. 27. A physicians assistant may perform such medical services as he is authorized to perform under the terms of a certificate issued to him by the board, if such services are rendered under the supervision and control of a supervising physician.
Sec. 28. 1. The board may issue a certificate to properly qualified applicants to perform medical services under the supervision of a supervising physician. The application for a certificate as a physicians assistant shall be cosigned by the supervising physician, and the certificate is valid only so long as that supervising physician employs and supervises the physicians assistant.
2. A supervising physician shall not cosign for, employ or supervise more than one physicians assistant at the same time.
Sec. 29. The board shall adopt regulations regarding the certification of a physicians assistant, including but not limited to:
1. The educational and other qualifications of applicants.
2. The required approved academic program for applicants.
3. The procedures for applications for and the issuance of certificates.
4. The tests or examinations of applicants by the board.
5. The medical services which a physicians assistant may perform, except that nothing in sections 27, 28 and 29 of this act, or regulations adopted pursuant thereto, shall operate to authorize a physicians assistant to perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatrists and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.
6. The duration, renewal and termination of certificates.
7. The grounds and procedures respecting disciplinary actions against physicians assistants.
κ1973 Statutes of Nevada, Page 513 (CHAPTER 386, AB 365)κ
8. The supervision of medical services of a physicians assistant by a supervising physician.
9. The fees to be charged for applications for and renewals of certificates.
Sec. 30. NRS 630.280 is hereby amended to read as follows:
630.280 1. The board [shall have the authority] may in its discretion [to] issue a permit to any properly qualified applicant to serve as resident medical officer in any hospital in Nevada subject to the provisions of this section.
2. The holder of a permit shall:
(a) Practice medicine, surgery and allied specialties only within the confines of the hospital specified on his permit and under the supervision of the regular hospital medical staff.
(b) [Be a citizen of the United States, have filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, have filed a declaration of intention to become a citizen.
(c)] Be a graduate of an accredited medical school of the United States or Canada, or a graduate of a foreign medical school recognized by the Educational Council of Foreign Medical Graduates who has received the standard certificate of the Educational Council of Foreign Medical Graduates and has [served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association.] completed 1 year of postgraduate training in a hospital or other institution approved by the board.
[(d)] (c) Be of good moral character.
3. The board shall have in its possession, before granting any permit to an individual, a letter from a hospital in Nevada, requesting issuance of a permit to serve as a resident medical officer to that individual.
4. Such permits will in general be issued at the stated meetings of the board, but the president and the secretary of the board shall have power [jointly] to issue permits between meetings of the board, and these permits will be subject to approval or disapproval at the next subsequent meeting of the board.
5. The duration of the permit shall be determined by the board, but shall in no case be in excess of 1 year. It [shall be] is renewable at the discretion of the board.
6. The permit to serve as resident medical officer shall not entitle the holder to engage in the private practice of medicine. [, surgery or obstetrics as defined by this chapter.]
7. Any permit granted under authority of this section can be revoked by the board at any time for reasons deemed sufficient by the board.
8. The board is empowered to formulate any rules and regulations, subject to the provisions of this section, for carrying out its purposes.
9. The issuance of a permit to serve as resident medical officer shall in no way obligate the board to grant any regular license for the practice of medicine. [, surgery and allied specialties in Nevada.]
Sec. 31. NRS 630.285 is hereby amended to read as follows:
630.285 1. The board may issue a permit to any qualified applicant to serve as a professional employee of the [health division of the department of health, welfare and rehabilitation] State of Nevada or of the United States subject to the provisions of this section.
κ1973 Statutes of Nevada, Page 514 (CHAPTER 386, AB 365)κ
department of health, welfare and rehabilitation] State of Nevada or of the United States subject to the provisions of this section.
2. The holder of a permit shall:
(a) Practice medicine [, surgery and allied specialties] only as an employee of the [health division] State of Nevada or of the United States and under the supervision of the [state health officer.] appropriate medical division or department of the State of Nevada or of the United States.
(b) [Be a citizen of the United States, have filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, have filed a declaration of intention to become a citizen.
(c)] Be a graduate of an accredited medical school of the United States or Canada, or a graduate of a foreign medical school recognized by the Educational Council of Foreign Medical Graduates who has received the standard certificate of the Educational Council of Foreign Medical Graduates and has satisfactorily [served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association.
(d)] completed 1 year of postgraduate training approved by the board.
(c) Be of good moral character.
3. Before granting any permit to an individual the board shall have in its possession a letter from the [state health officer] appropriate medical division or department of the State of Nevada or of the United States requesting issuance of a permit to that individual to serve as an employee of the [health division.] State of Nevada or of the United States.
4. Such permits shall be issued at the meetings of the board, but the president and the secretary of the board may [jointly] issue permits between meetings of the board, subject to approval at the next meeting of the board.
5. The duration of each permit shall be determined by the board, but shall in no case be in excess of 1 year. [One renewal only of a permit for a term not to exceed 1 year may be granted by the board.] Each permit is renewable at the discretion of the board.
6. A permit to [serve as an employee of the health division] practice medicine as an employee of the State of Nevada or of the United States does not entitle the holder to engage in the private practice of medicine. [, surgery and obstetrics as defined in this chapter.]
7. Any permit granted pursuant to this section may be revoked by the board at any time for reasons deemed sufficient by the board.
8. The board may adopt and enforce rules and regulations for carrying out the purposes of this section, subject to the provisions of this section.
9. The issuance of a permit to [serve as an employee of the health division] practice medicine as an employee of the State of Nevada or of the United States in no way obligates the board to grant any regular license for the practice of medicine. [, surgery and allied specialties in Nevada.]
Sec. 32. NRS 630.290 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 515 (CHAPTER 386, AB 365)κ
630.290 1. Each applicant for a license to practice medicine shall pay a fee of $200.
2. Each applicant who fails an examination and who is permitted to be reexamined shall pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request and in its discretion, refund a portion of the application fee not to exceed $100. There shall be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a permit, issued under the provisions of NRS 630.280 or 630.285, shall pay a fee not to exceed $50, as determined by the board, and shall pay a fee of $10 for each renewal of the permit.
5. Each holder of a license to practice medicine [, surgery and obstetrics] shall pay to the secretary-treasurer of the board on or before May 1 of each year an annual registration fee to be set by the board and in no case to exceed the sum of [$10] $20 per year.
[2.] 6. Any holder failing to pay the annual registration fee after it becomes due shall be given a period of 60 days in which to pay the fee, and, failing to do so, shall automatically forfeit his right to practice medicine [.] , and his license to practice medicine in Nevada shall automatically be suspended. The holder may, within 2 years from the date his license is suspended, on payment of [$20] $40 to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
[3.] 7. The annual registration fee shall be collected for the year in which a physician is licensed.
[4.] 8. Notices shall be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice shall be sent to the federal narcotic enforcement office and to the recorder of the county in which the physician practices. The recording fee shall be a proper charge against the funds of the board.
Sec. 33. NRS 630.300 is hereby amended to read as follows:
630.300 The board [shall refuse a certificate to any applicant guilty of unprofessional conduct, and for like cause it may revoke any certificate, either permanently or temporarily, and suspend the person so found guilty from the practice of medicine either permanently or for a time determined by the board.] may revoke, either permanently or temporarily for a period to be determined by the board, the license to practice medicine of any person who is guilty of unprofessional conduct, and the board may suspend that person from the practice of medicine within this state for a period to be determined by the board.
Sec. 34. NRS 630.310 is hereby amended to read as follows:
630.310 [Whenever any holder of a certificate provided for in this chapter is guilty of unprofessional conduct as the same is defined in this chapter, and the unprofessional conduct has been brought to the attention of the board granting such certificate in the manner hereinafter provided, or whenever any certificate has been procured by fraud or misrepresentation or issued by mistake, or the person holding such certificate is found to be practicing contrary to the provisions of this chapter, and a sworn complaint setting forth such facts has been filed with the secretary of the board,] Every person, including the board or any member thereof, may file a complaint with the secretary of the board against any holder of a license provided for in this chapter charging unprofessional conduct.
κ1973 Statutes of Nevada, Page 516 (CHAPTER 386, AB 365)κ
sworn complaint setting forth such facts has been filed with the secretary of the board,] Every person, including the board or any member thereof, may file a complaint with the secretary of the board against any holder of a license provided for in this chapter charging unprofessional conduct. The complaint shall be in writing and verified by the person making it, except when filed by the board as a body. When a complaint has been duly filed with the secretary, proceedings shall then be had as [hereinafter] provided in this chapter.
Sec. 35. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever any holder of a license provided for in this chapter is charged with the form of unprofessional conduct defined in subsection 10 of NRS 630.030, the board shall have authority, upon its own motion, to compel that person to submit to a mental or physical examination by physicians designated by the board.
2. For the purposes of this section, every physician licensed under this chapter who accepts the privilege of practicing medicine in this state shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the board.
3. For the purposes of this section, the testimony or examination reports of the examining physicians are not privileged communications.
4. Neither the record of any proceedings under this section nor the orders entered by the board shall be used against a physician in any other proceeding.
5. Except in extraordinary circumstances, as determined by the board, the failure of a physician licensed under this chapter to submit to an examination, as provided in this section, when the board so directs, shall be deemed to constitute an admission of the charges against him, and the board then may enter a default and final order without the taking of testimony or presentation of evidence.
6. Any physician whose license is revoked for the form of unprofessional conduct defined in subsection 10 of NRS 630.030 shall be given an opportunity at reasonable intervals to demonstrate to the board that he can resume the competent practice of medicine with reasonable skill and safety to patients.
Sec. 36. NRS 630.320 is hereby amended to read as follows:
630.320 1. When charges as stated in NRS 630.310 have been duly filed with the secretary of the board, the same shall be considered by the president and the secretary of the board. If from the sworn statement or from such other official records it is made to appear that such charge or charges may be well founded in fact, then the president and secretary shall fix a time and place for a hearing, and the secretary shall cause written notice of such charges, together with a copy of the complaint, to be served on the person charged at least 20 days before the date fixed for the hearing.
2. If the charges are not deemed by the president and the secretary to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person charged, then they shall be held in abeyance and discussed at the next meeting of the board.
Sec. 37. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1973 Statutes of Nevada, Page 517 (CHAPTER 386, AB 365)κ
1. Service of process made under this chapter shall be either personal or by registered or certified mail with return receipt addressed to the physician at his last-known address, as indicated on the records of the board, if possible. If personal service cannot be made and if mail notice is returned undelivered, the secretary of the board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the physicians last-known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under this chapter shall be filed with the secretary of the board and shall be recorded by him in the minutes of the board.
Sec. 38. NRS 630.330 is hereby amended to read as follows:
630.330 1. The person charged shall be given a full and fair trial by the board, with the right to be heard and to appear in person and by counsel, to cross-examine witnesses who appear against him and to present witnesses. The failure of the person charged to attend his hearing or his failure to defend himself shall not serve to delay or make void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
2. The secretary or the president of the board shall have power to issue subpenas for the attendance of witnesses [.] or for the production of documents or tangible evidence. A subpena may be served by the sheriff, his deputy or any other person who is not a party and is not less than 18 years of age. If any person refuses to obey any subpena so issued or refuses to testify or produce any tangible evidence designated therein, the board may petition the district court of the county where the person is served or where he resides to secure the attendance of that person and the production of any tangible evidence. Upon receiving the petition the court shall issue an order requiring that person to obey the subpena or to show cause why he failed to obey the subpena. The failure of any person, without adequate excuse, to obey a subpena shall be contempt of the court.
[2.] 3. If after hearing the charges it appears to the satisfaction of the board that the person is guilty as charged, the board [shall] may revoke the [certificate] license of such person either permanently or temporarily, and by its order suspend the person from the practice of medicine within this state either permanently or temporarily in the discretion of the board. The board may likewise after finding the person guilty as charged place him on probation [.] for such period as subject to such terms as may be determined by the board or administer to him a public or private reprimand. The order of the board may also contain such other terms, provisions or conditions, including terms and conditions for reinstatement of license, as the board may deem proper.
[3.] 4. In all cases of revocation [, suspension or probation,] of license, the secretary of the board shall [:
(a) Enter in his records the fact of such revocation, suspension or probation.
(b) Within 5 days notify] file a certified copy of the order of the board with the county reorder of the county in which the persons certificate has been recorded.
κ1973 Statutes of Nevada, Page 518 (CHAPTER 386, AB 365)κ
[4.] 5. In all cases where a [certificate] license is revoked or suspended or a person placed on probation a transcript of the proceedings before the board, and the findings and order of the board, shall be filed within 30 days with the clerk of the district court of the county in which the [certificate to practice] license has been recorded.
Sec. 39. NRS 630.340 is hereby amended to read as follows:
630.340 1. Any person whose [certificate] license has been revoked or suspended or who has been placed on probation may, within 60 days after the filing of certified copies of the transcript, findings and order, petition the district court to review the proceedings, findings and order of the board and to reverse or modify the same. Upon such review the burden [shall be] is upon the petitioner to show wherein the order of the board is erroneous or unlawful.
2. When 60 days [shall] have elapsed after the filing of the order and findings, if no petition for review has been filed, the district court shall make its order affirming the decision of the board. Until the same is modified or reversed, as [herein provided,] provided in this section, the revocation, suspension or probation of such [certificate] license and the right to practice thereunder shall [be and] become effective on the date the secretary certifies such fact of the decision and order of the board to the county recorder of the county in which the persons [certificate] license has been recorded.
Sec. 40. NRS 630.350 is hereby amended to read as follows:
630.350 1. Any person whose license has been revoked for unprofessional conduct for a specified period may apply at the end of the period of revocation for reinstatement of his license. If such an application is made, the board may take such evidence and require such proof of good moral and professional character as it shall deem proper. If the evidence fails to establish to the satisfaction of the board that the person is then of good moral and professional character or establishes that the person has practiced medicine in this state during the period of revocation, the board may deny the application for reinstatement of license.
2. Any person whose [certificate] license has been revoked for unprofessional conduct on the ground of [an adjudication of insanity] practicing medicine after having been adjudged insane by a court of competent jurisdiction as provided in subsection [15] 16 of NRS 630.030 may apply to the board for a reinstatement of his [certificate] license upon restoration to or declaration of sanity. Prior to the hearing the board may require the person to submit to a mental examination by physicians designated by it and to submit such other proof of fitness as may be deemed proper by the board.
Sec. 41 NRS 630.360 is hereby amended to read as follows:
630.360 1. This chapter [shall] does not apply to:
(a) The practice of dentistry, osteopathy, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine [, or the practice of an herbalist.] or hearing aid fitting.
(b) [Commissioned physicians and surgeons of the United States Army, Navy, Air Force, or United States Indian Service, or the Veterans Administration, in the discharge of their official duties.] A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
κ1973 Statutes of Nevada, Page 519 (CHAPTER 386, AB 365)κ
(c) [Professional or other] Licensed nurses in the discharge of their duties as nurses.
(d) Physicians who are called into this state, other than on a regular basis, for consultation [,] or assistance to a physician licensed in this state, and who are legally qualified to practice in the state where they reside.
2. This chapter [shall] does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. [Nothing in this chapter shall be construed to] This chapter does not prohibit:
(a) Gratuitous services of [druggists or other persons] a person in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 42. NRS 630.380 is hereby amended to read as follows:
630.380 1. The board through its president or secretary-treasurer may maintain in any competent court a suit for an injunction against any person or persons practicing any branch of medicine [, surgery or obstetrics] as defined in NRS 630.020 [and 630.260] without a license.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being understood to be a preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for practicing without a license.
Sec. 43. NRS 630.390 is hereby amended to read as follows:
630.390 In charging any person with a violation of this chapter by practicing medicine [, surgery or obstetrics] without a license, it [shall be] is sufficient to charge that he did, upon a certain day, and in a certain county of this state, engage in the practice of medicine, he not having a license to do so, without averring any further or more particular facts concerning the same.
Sec. 44. NRS 630.400 is hereby amended to read as follows:
1. [Shall within 10 days after demand made by the secretary of the board fail to furnish to the board the names and addresses of all persons practicing or assisting in the practice of medicine, surgery or obstetrics in the office of such person at any time within 60 days prior to the notice, together with a sworn statement showing under and by what license or authority the person or persons are and have been so practicing, but the affidavit shall not be used as evidence against such person in any proceeding under this section; or
2. Shall assume to act as a member of a state board of medical examiners, or who shall sign or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate authorizing any person to practice medicine, surgery or obstetrics in this state, except the person so acting and doing shall have been appointed a member of the board of medical examiners as provided in this chapter; or
3. Shall, in an affidavit required of an applicant for examination, license or registration under this chapter, willfully make a false statement in a material regard.] Presents as his own the diploma, license or credentials of another.
κ1973 Statutes of Nevada, Page 520 (CHAPTER 386, AB 365)κ
2. Gives either false or forged evidence of any kind to the board, or any member thereof, in connection with an application for a license or permit to practice medicine.
3. Practices medicine under a false or assumed name or falsely personates another licensee of a like or different name.
4. Holds himself out as a physicians assistant or who uses any other term indicating or implying that he is a physicians assistant, unless he has been certified by the board.
Sec. 45. NRS 630.410 is hereby amended to read as follows:
630.410 Any person who [shall practice] practices medicine, [surgery or obstetrics,] unless licensed under this chapter [or other statutes of Nevada, shall be deemed] is guilty of a gross misdemeanor.
Sec. 46. NRS 630.420 is hereby amended to read as follows:
630.420 Every person filing for record, or attempting to file for record, the [certificate] license issued to another, falsely claiming himself to be the person named in the [certificate,] license, or falsely claiming himself to be the person entitled to the same, [shall be] is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 47. NRS 457A.030 is hereby amended to read as follows:
457A.030 1. The state health officer shall appoint a renal disease advisory committee to consist of 11 persons appointed as follows:
(a) Three persons shall represent hospitals and medical schools which establish dialysis centers.
(b) Two persons shall represent volunteer organizations interested in kidney diseases.
(c) Two persons shall represent county or district boards of health.
(d) Three persons licensed to practice medicine [or surgery] under chapter 630 of NRS.
(e) One person shall represent the general public.
2. Of those persons first appointed:
(a) Two shall be appointed for a term of 1 year.
(b) Three shall be appointed for a term of 2 years.
(c) Three shall be appointed for a term of 3 years.
(d) Three shall be appointed for a term of 4 years.
Thereafter, all members shall serve for terms of 4 years.
3. Members of the committee shall serve without compensation, but are entitled to subsistence allowances and travel expenses, pursuant to the provisions of NRS 281.160, while engaged in the performance of official duties.
Sec. 48. NRS 630.260 and 630.270 are hereby repealed.
Sec. 49. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 521κ
Assembly Bill No. 116Messrs. Getto, Dini, Fry, Bremner and Wittenberg
CHAPTER 387
AN ACT relating to the practice of nursing; revising chapter 632 of NRS; permitting denial, revocation or suspension of any license for aiding or abetting violations of the chapter; establishing a range of fees and charges; and providing other matters properly relating thereto.
[Approved April 18, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The license of every nurse licensed under the provisions of this chapter shall be renewed biennially as provided in this section.
2. On or before January 1 of every even-numbered year the executive secretary of the board shall mail a license renewal application to every nurse holding a valid license issued pursuant to the provisions of this chapter.
3. Each applicant for license renewal shall complete the application and return it to the executive secretary together with the biennial license renewal fee before March 1.
4. Upon receipt of such application and fee, the board shall verify the accuracy of the application and issue a license to the applicant for the next biennium commencing with March 1 and expiring the last day of February of the next even-numbered year.
5. A licensee who fails to renew his license as provided in this section may have his license reinstated by completing a renewal application and payment of the reinstatement fee in addition to the renewal fee.
6. Upon written request to the board, a licensee in good standing may cause his name and license to be transferred to an inactive list, and such licensee shall not practice nursing during the time the license is inactive and no renewal fee shall accrue. If an inactive licensee desires to resume the practice of nursing, the board shall renew the license upon demonstration, if deemed necessary by the board, that the licensee is then qualified and competent to practice, and upon completion of an application and payment of the current biennial license renewal fee.
Sec. 3. 1. The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:
Not less than Not more than
Application for license to practice professional nursing (registered nurse)........................................................................ $30.00 $45.00
Application for license as a practical nurse.................. 20.00 30.00
Application for temporary license to practice professional nursing (registered nurse) which fee shall be credited toward the fee required for a regular license, if the applicant applies for a license as provided in such section.................... 8.00 15.00
κ1973 Statutes of Nevada, Page 522 (CHAPTER 387, AB 116)κ
Not less than Not more than
Application for temporary license as a practical nurse, which fee shall be credited toward the fee required for a regular license, if the applicant applies for a license as provided in such section $5.00...................................................... $10.00
Biennial license renewal fee............................................. 5.00 15.00
Reinstatement fee................................................................. 5.00 5.00
Examination fee for registered nurses license.............. 10.00 15.00
Examination fee for practical nurses license................ 7.50 10.00
Rewriting examination for registered nurses license.. 10.00 15.00
Rewriting examination for practical nurses license... 7.50 10.00
Duplicate license................................................................. 5.00 5.00
Proctoring examination for candidate from another state 10.00 15.00
2. The board may collect the fees and charges established pursuant to this section, and such fees or charges shall not be refunded.
Sec. 4. NRS 632.010 is hereby amended to read as follows:
632.010 As used in this chapter:
1. Accredited school of nursing means a school of nursing which has been accredited by the board or other body or agency authorized by law to accredit or approve school of nursing in the state in which the school is located.
2. Board means the state board of nursing.
3. Certified registered nurse anesthetist means a person who has completed a nationally accredited program in the science of anesthesia, who, when licensed as a registered nurse under the provisions of this chapter, administers anesthetic agents to individuals under the care of those persons licensed by the State of Nevada to practice dentistry, surgery or obstetrics.
4. Emergency means an unforeseen combination of circumstances calling for immediate action.
5. Licensed practical nurse means a person who is licensed to practice practical nursing as defined in subsection [4] 6 of this section and as provided in this chapter.
[4.] 6. Practice of practical nursing means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, a licensed physician, a licensed dentist or a licensed chiropodist, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.
[5.] 7. Practice of professional nursing means the performance for compensation of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or licensed chiropodist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.
κ1973 Statutes of Nevada, Page 523 (CHAPTER 387, AB 116)κ
of others, in the supervision and teaching of other personnel, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or licensed chiropodist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures. A professional nurse may also perform such additional acts, under such emergency or other special conditions as may be prescribed by rules and regulations adopted by the board, which shall include special training, as are recognized by the medical and nursing professions as proper to be performed by a professional nurse under such conditions, even though such acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes professional nurses to perform those functions and duties specifically delegated by law to those persons licensed as dentists, podiatrists, optometrists or chiropractors.
[6.] 8. Registered nurse means a person who is licensed to practice professional nursing.
[7.] 9. Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.
Sec. 5. NRS 632.020 is hereby amended to read as follows:
632.020 1. The state board of nursing consisting of five registered nurses, [and] two practical nurses and one consumer is hereby created.
2. The members of the board shall be appointed by the governor.
3. [The two licensed practical nurses shall serve as members of the board only in relation to and for the purpose of administering the provisions of this chapter which relate to licensed practical nurses.] The consumer shall be a bona fide public representative whose occupation is neither the administration of health activities nor the performance of health services, who has no fiduciary obligation to a hospital or other health agency, and who has no material financial interest in the rendering of health services.
Sec. 6. NRS 632.030 is hereby amended to read as follows:
632.030 1. Each registered nurse member of the board shall:
(a) Be a citizen of the United States.
(b) Be a resident of the State of Nevada.
(c) Have been graduated from an accredited school of nursing.
(d) Be licensed as a professional nurse in the State of Nevada.
(e) [Have had at least 3 years of experience in nursing following graduation.] Have been actively engaged in nursing at least 5 years immediately preceding appointment or reappointment.
2. Each licensed practical nurse member of the board shall:
(a) Be a citizen of the United States.
(b) Be a resident of the State of Nevada.
(c) Have been graduated from an accredited school of practical nursing.
(d) Be licensed as a practical nurse in the State of Nevada.
(e) [Have had at least 3 years of experience in nursing following graduation.] Have been actively engaged in nursing at least 5 years immediately preceding appointment or reappointment.
3. No member of the board shall serve more than two consecutive terms.
κ1973 Statutes of Nevada, Page 524 (CHAPTER 387, AB 116)κ
terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.
Sec. 7. NRS 632.070 is hereby amended to read as follows:
632.070 1. The board shall meet [regularly once every 4 months in February, June and October,] a minimum of three times a year at approximately 4 month intervals for the purpose of transacting such business as may properly come before the board.
2. The board shall hold not less than [two examinations] one examination each year at such times and places as the board may determine.
3. Special meetings of the board may be held on the call of the president or upon the call of any three members. A written notice of the time, place and object of any special meeting shall be mailed by the executive secretary to all members of the board who are not parties to the call at least 15 days prior to the day of such meeting.
4. A majority of the board shall constitute a quorum at any meeting.
Sec. 8. NRS 632.100 is hereby amended to read as follows:
632.100 1. The board shall make and keep a full and complete record of all its proceedings, including a file of all applications for licenses under this chapter, together with the action of the board upon each such application, and including a register of all nurses licensed to practice nursing in this state.
2. The board shall maintain in its main office a public docket or other records in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any hearing shall have been had, or in which the licensee charged shall have made no defense.
3. At least semiannually, the board shall publish a list of the names and addresses of persons licensed by it under the provisions of this chapter, and of all applicants and licensees whose licenses have been refused, suspended or revoked within 1 year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. One of the lists shall be mailed to each county clerk and shall be filed by him as a public record. [Lists shall also be mailed by the board to any person in this state upon request.]
Sec. 9. NRS 632.130 is hereby amended to read as follows:
632.130 1. For the purposes of safeguarding life and health and maintaining high professional standards among professional nurses in this state, any person who for compensation practices or offers to practice professional nursing in this state shall hereafter be required to submit evidence that he is qualified so to practice and shall be licensed as provided in this chapter.
2. It [shall be] is unlawful for any person:
(a) [After July 1, 1947, to] To practice or to offer to practice professional nursing in this state or to use any title, abbreviation, sign, card or device to indicate that he is practicing professional nursing in this state unless such person has been duly licensed under the provisions of this chapter.
(b) Who does not hold a valid and subsisting license to practice as a professional nurse issued pursuant to the provisions of this chapter to practice or offer to practice in this state as a registered nurse, graduate nurse, a trained nurse, a certified nurse or under any other title or designation suggesting professional qualifications and skill in the field of nursing.
κ1973 Statutes of Nevada, Page 525 (CHAPTER 387, AB 116)κ
practice or offer to practice in this state as a registered nurse, graduate nurse, a trained nurse, a certified nurse or under any other title or designation suggesting professional qualifications and skill in the field of nursing.
Sec. 10. NRS 632.140 is hereby amended to read as follows:
632.140 1. Every applicant for a license to practice as a professional nurse in the State of Nevada shall submit to the board written evidence under oath that he:
(a) Is of good moral character.
(b) Is in good physical and mental health.
(c) Has completed a course of study in an accredited school of professional nursing and holds a diploma therefrom.
(d) Meets such other reasonable preliminary qualification requirements as the board may from time to time prescribe.
2. Each applicant shall remit [a fee of $30] the fee required by this chapter with his application for a license to practice as a professional nurse in this state. [In case application for a license by examination is not granted, the fee shall not be refunded.]
Sec. 11. NRS 632.160 is hereby amended to read as follows:
632.160 [1.] The board may, without examination, issue a license to practice nursing as a professional nurse to any applicant who meets the qualifications required of professional nurses in this state and who has been duly licensed or registered as a registered nurse, after examination, under the laws of any other state, territory or foreign country.
[2. Each applicant shall remit with his application for a license to practice as a professional nurse in this state without examination a fee of $30. In case application for license without examination is not granted, the fee shall not be refunded.] Sec. 12. NRS 632.200 is hereby amended to read as follows:
632.200 [1. Upon application, the board may, without examination, grant a temporary license to practice nursing as a professional nurse for a period not to exceed 4 months. Only one temporary license may be issued during any 12-month period to any one person.
2. Application shall be made in such form as the board may deem proper and shall be accompanied by a fee of $8, which shall in no case be refunded. Such fee shall be credited toward the fee provided in NRS 632.140 or 632.160 if the applicant applies for a license as provided in such sections.] Upon application and payment of the required fee the board may without examination grant a temporary license to practice professional nursing to an individual whose license from another state, territory or country is in good standing. Only one temporary license may be issued to any one person during any 12-month period.
Sec. 13. NRS 632.220 is hereby amended to read as follows:
632.220 The board shall have power to deny, revoke or suspend any license to practice nursing as a professional nurse applied for or issued under this chapter or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a professional nurse.
κ1973 Statutes of Nevada, Page 526 (CHAPTER 387, AB 116)κ
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction shall be conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance as defined in chapter 453 of NRS.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction shall be conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
Sec. 14. NRS 632.240 is hereby amended to read as follows:
632.240 [The nursing service of all state and county institutions providing medical, surgical or obstetrical service shall be under the supervision of a person licensed as a professional nurse in Nevada. This section shall not apply to those institutions which serve only as homes for the indigent or aged.] The provision of nursing services in any health care delivery system shall be under the supervision of a registered nurse.
Sec. 15. NRS 632.250 is hereby amended to read as follows:
632.250 None of the provisions of NRS 632.130 to 632.240, inclusive, shall be construed as prohibiting:
1. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany or care for a patient temporarily residing in this state during the period of one such engagement not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.
2. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof, while in the discharge of his official duties in this state.
3. Gratuitous nursing by friends or by members of the family of the patient.
4. Nursing assistance in the case of an emergency.
5. The practice of nursing by students enrolled in accredited schools of professional nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.
6. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers if they do not practice nursing within the meaning of this chapter.
κ1973 Statutes of Nevada, Page 527 (CHAPTER 387, AB 116)κ
7. Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well recognized church or religious denomination, so long as such nursing does not amount to the practice of professional nursing as defined in NRS 632.010.
Sec. 16. NRS 632.270 is hereby amended to read as follows:
632.270 [1.] Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
[(a)] 1. Is of good moral character.
[(b)] 2. Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.
[(c)] 3. Is at least 18 years of age.
[(d)] 4. Has successfully completed the prescribed course of study in an accredited school of practical nursing.
[2. Each application for a license to practice as a practical nurse shall be accompanied by a fee of $20, which shall be paid to the board. If the application for a license is not granted, the fee shall not be refunded. All funds received by the board pursuant to the provisions of NRS 632.260 to 632.340, inclusive, shall be disbursed and accounted for in the manner prescribed by NRS 632.090.]
Sec. 17. NRS 632.300 is hereby amended to read as follows:
632.300 [1. Upon application, the board may, without examination, grant a temporary license to practice as a practical nurse for a period not to exceed 4 months to an individual licensed in another state, territory or country. Only one temporary license may be issued during any 12-month period to any one person.
2. Application shall be made in such form as the board may deem proper and shall be accompanied by a fee of $5, which shall in no case be refunded. Such fee shall be credited toward the fee provided in NRS 632.270 or 632.280 if the applicant applies for a license as provided in such sections.] Upon application and payment of the required fee, the board may without examination grant a temporary license to practice practical nursing to an individual whose license from another state, territory or country is in good standing. Only one temporary license may be issued to any one person during any 12-month period.
Sec. 18. NRS 632.320 is hereby amended to read as follows:
632.320 The board shall have power to deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued under this chapter, or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction shall be conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance as defined in chapter 453 of NRS.
5. Is mentally incompetent.
κ1973 Statutes of Nevada, Page 528 (CHAPTER 387, AB 116)κ
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction shall be conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
Sec. 19. NRS 632.340 is hereby amended to read as follows:
632.340 None of the provisions of NRS 632.260 to 632.330, inclusive, shall be construed as prohibiting:
1. Gratuitous nursing by friends or by members of the family.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of practical nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation.
5. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed 6 months in length, provided such person does not represent or hold himself out as a nurse licensed to practice in this state.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division, or agency thereof, while in the discharge of his official duties in this state.
7. Nonmedical nursing for the care of the sick, with or without compensation, when done by the adherents of, or in connection with, the practice of the religious tenets of any well recognized church or religious denomination, so long as such nursing does not amount to the practice of practical nursing as defined in NRS 632.010.
Sec. 20. NRS 632.450 is hereby amended to read as follows:
632.450 Any institution desiring to conduct a school of professional nursing in this state shall submit evidence to the board that it is prepared to give [:
1. A 36-month course of theoretical instruction and practical experience in nursing, embracing a curriculum prescribed by the board, and to meet such other standards as may be established by the board from time to time; or
2. A course of instruction prescribed by the board covering not less than 2 years and to meet such other standards as may be established by the board from time to time.
κ1973 Statutes of Nevada, Page 529 (CHAPTER 387, AB 116)κ
the board from time to time. The course of instruction prescribed by the board for such instruction of not less than 2 years shall provide a quality of education not less than the current standards established and adopted for a basic 2-year course of professional nursing education by both the National League for Nursing and the American Association of Junior Colleges.] a course of instruction of not less than 2 years.
Sec. 21. NRS 632.470 is hereby amended to read as follows:
632.470 1. [From time to time and not less than once each year,] Not less than once every 3 years, the board shall cause to be surveyed all accredited schools of professional nursing in this state. Full and complete written reports of such surveys shall be submitted to and considered by the full board.
2. If, after consideration of such reports, the board determines that any such school of professional nursing is not maintaining the standards required by this chapter and by the board, notice thereof in writing specifying the [defect or defects] weaknesses shall immediately be given to such school.
3. The board shall revoke the accreditation of any school of professional nursing which fails to remedy such [defect or defects] weaknesses within a reasonable time after receiving written notice thereof.
Sec. 22. NRS 632.180, 632.190, 632.290 and 632.295 are hereby repealed.
________
Assembly Bill No. 494Committee on Ways and Means
CHAPTER 388
AN ACT creating a special interim advisory committee to work with the state controller and the director of the department of administration in setting up the new state accounting system; directing the state controller to pay the support costs of such committee; and providing other matters properly relating thereto.
[Approved April 15, 1973]
Whereas, The people of the State of Nevada have a considerable and continuing interest in the successful implementation of the new state accounting system; and
Whereas, This work and this interest can be suitably accomplished and served by a joint undertaking of the legislative and executive forces of government; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. A special legislative interim committee is hereby created, composed of three members of the assembly and three members of the senate. The speaker of the assembly and the president of the senate shall make the appointments of the members of the committee from their respective houses.
2. The committee shall serve in an advisory capacity to the state controller and the director of the department of administration in setting up the new state system of state accounting.
κ1973 Statutes of Nevada, Page 530 (CHAPTER 388, AB 494)κ
Sec. 2. 1. The director of the legislative counsel bureau shall arrange, on request, for necessary staff support for the committee.
2. The members of the committee shall receive the same salary, per diem allowance and travel expenses as provided in NRS 218.680, which, together with other expenses incident to the committees operation, shall be paid from the budget of the state controller. Such expenses shall be payable by the state controller in amounts not to exceed $6,000.
Sec. 3. The committee shall continue in existence until the convening of the 58th session of the legislature, and its members are entitled to the allowances provided in section 2 of this act notwithstanding any prior expiration of their terms of office as legislators.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 183Committee on Commerce and Labor
CHAPTER 389
AN ACT relating to workmens compensation; revising the schedule of benefits provided under chapters 616 and 617 of NRS; providing a penalty; and providing other matters properly relating thereto.
[Approved April 16, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Average monthly wage means the lesser of:
1. The monthly wage actually received by the employee on the date of the accident or injury to the employee; or
2. The state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.
Sec. 2. NRS 616.580 is hereby amended to read as follows:
616.580 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:
1. In cases of total disability adjudged to be permanent, compensation per month of [65] 66 2/3 percent of the average monthly wage. [; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional 15 percent for each dependent, but not more per month than 90 percent of the average monthly wage. Any excess of wages over $416 per month shall not be taken into account in computing such compensation.]
2. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
κ1973 Statutes of Nevada, Page 531 (CHAPTER 389, SB 183)κ
the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
3. In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance [of $50 per month] may be made so long as such requirements [shall] continue, but such increase shall not obtain or be operative while the workman is receiving intermediate care facility benefits or hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.
[3. Those recipients who have, prior to April 9, 1971, been adjudged to be permanent disability cases, and are receiving permanent total disability compensation plus dependency allowance on April 9, 1971, shall continue to receive such benefits, and they shall not participate in any increase in benefits resulting from the amendment of subsection 1.]
Sec. 3. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, but in no event for more than 100 months, [65] 66 2/3 percent of the average monthly wage. [; and, if there be one or more persons residing in the United States dependent upon the workman during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.
2. Any excess of wages over $500 a month shall not be taken into account in computing such compensation.
3. The] 2. Any increase in compensation and benefits effected by the amendment of subsection [2] 1 shall not be retroactive.
3. For purposes of temporary total disability benefits under this section, the period of temporary total disability shall cease prior to expiration of 100 months when any competent medical authority determines such employee is capable of any gainful employment.
Sec. 4. NRS 616.605 is hereby amended to read as follows:
616.605 1. [In all cases of permanent partial disability not otherwise specified in NRS 616.590, 616.595 and 616.600, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of 1 month shall represent a 1-percent disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $84 per month and a maximum of $280 per month, shall be paid for the period so determined.
2. In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.] Every employee in the employ of an employer, within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability.
κ1973 Statutes of Nevada, Page 532 (CHAPTER 389, SB 183)κ
employer, within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided in this section for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The percentage of disability shall be determined by the commission. The determination shall be made by a physician designated by the commission, or board of physicians, in accordance with the current American Medical Association publication, Guides to the Evaluation of Permanent Impairment.
3. No factors other than the degree of physical impairment of the whole man shall be considered in calculating the entitlement to permanent partial disability compensation.
4. Each 1 percent of impairment of the whole man shall be compensated by monthly payment of 0.5 percent of the claimants average monthly wage. Compensation shall commence on the date of determination of the degree of permanent impairment by the commission and shall continue on a monthly basis for 5 years, or until the 65th birthday of the claimant, whichever is later. The commission may pay compensation benefits annually to claimants with less than a 25 percent permanent partial disability. The commission may advance up to 1 years permanent partial disability benefits to an injured workman who demonstrates a dire financial need that is not met by the ordinary monthly benefit. Monthly permanent partial disability benefits will not begin until the total advance is offset.
5. (a) Death of the employee terminates entitlement to permanent partial disability compensation.
(b) An employee receiving permanent total disability compensation is not entitled to permanent partial disability compensation during the period when he is receiving permanent total disability compensation.
(c) An employee receiving temporary total disability compensation is not entitled to permanent partial disability compensation during the period of temporary total disability.
(d) An employee receiving temporary partial disability compensation is not entitled to permanent partial disability compensation during the period of temporary partial disability.
[3.] 6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
[4.] 7. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
[5.] 8. The increase in compensation and benefits effected by the amendment of [subsection 1] this section shall not be retroactive.
9. This section does not entitle any person to double payments on account of death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
κ1973 Statutes of Nevada, Page 533 (CHAPTER 389, SB 183)κ
Sec. 5. NRS 616.610 is hereby amended to read as follows:
616.610 [1.] Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, shall be entitled to receive for temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.
[2. For the purpose of this section any excess of wages over $350 per month shall not be taken into account in computing compensation for temporary partial disability.]
Sec. 6. NRS 616.615 is hereby amended to read as follows:
616.615 Death benefits. If an injury by accident arising out of an in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed $650. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.
2. Widow. [without children.] To the widow, [if there is no child, 50] 66 2/3 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower. [without children.] To the widower, [if there is no child, 40] 66 2/3 percent of the average monthly wage of the deceased employee. [, if wholly dependent for support upon the deceased employee at the time of her death.] This compensation shall be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. [Widow or widower with children.
(a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.
(b)] Children who survive a widow or widower.
(a) In case of the subsequent death of the surviving [wife (or dependent husband)] spouse any surviving child or children of the deceased employee shall [have his or their compensation increased to the extent of] share equally the compensation theretofore paid to the surviving [wife (or dependent husband)] spouse but not in excess thereof, and the same shall be payable until [he or they shall reach] the youngest reaches the age of 18 years. [; but the total amount payable shall in no case exceed 80 percent of such wage.]
[(c)] (b) If the children have a guardian, [other than the surviving widow or widower,] the compensation on account of such children may be paid to the guardian.
[(d) The compensation payable on account of any child] (c) The entitlement of any child to receive his proportionate share of compensation under this section shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.
κ1973 Statutes of Nevada, Page 534 (CHAPTER 389, SB 183)κ
entitlement of any child to receive his proportionate share of compensation under this section shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.
(d) Upon the remarriage of a widow or widower with children, the widow or widower shall be paid 2 years compensation in one lump sum and further benefits shall cease. Following the remarriage by the widow or widower with children, each child shall be paid 15 percent of the average monthly wage, up to a maximum family benefit of 66 2/3 percent of the average monthly wage.
5. Surviving children but no surviving [wife or dependent husband.] spouse. If there [be] is a surviving child or children of the deceased employee under the age of 18 years, but no surviving [wife (or dependent husband),] spouse, then for the support of each child until he reaches the age of 18 years, [30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.] his proportionate share of 66 2/3 percent of the average monthly wage.
6. Dependent parents, brothers and sisters. If there [be] is no surviving [wife (or dependent husband)] spouse or child under the age of 18 years, there shall be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, [30] 33 1/3 percent of the average monthly wage of the deceased employee. [during dependency.]
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, [50] 66 2/3 percent of the average monthly wage of the deceased employee. [during dependency.]
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, [30] his proportionate share of 66 2/3 percent of the average monthly wage of the deceased employee. [during dependency.]
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed [80] 66 2/3 percent of the average monthly wage of the deceased employee. [during dependency.]
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
κ1973 Statutes of Nevada, Page 535 (CHAPTER 389, SB 183)κ
by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.
10. [Excess of wage not considered in computing death benefit. Any excess of wages over $335 a month shall not be taken into account in computing compensation for death benefits.
11. Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
12.] Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $500.
Sec. 7. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by [subsection 11 of] NRS 616.615, the commission [may, in its discretion, allow the conversion of the compensation provided for in this chapter into a lump sum payment not to exceed $28,000, under such rules and regulations and system of computation as the commission may deem proper, except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.] shall not make or allow any lump sum settlement.
Sec. 8. NRS 616.590 is hereby repealed.
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Assembly Bill No. 789Mr. Robinson (by request)
CHAPTER 390
AN ACT relating to optometry; granting the Nevada state board of optometry subpena power; providing for filling of temporary board vacancies; providing for administrative fees for violating the rules and regulations of the board; revising certain fees; adding to the act which constitutes unprofessional conduct; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board shall have power to issue subpenas to compel the attendance of witnesses before it or the production of documents.
κ1973 Statutes of Nevada, Page 536 (CHAPTER 390, AB 789)κ
2. The district court shall, on application of the board, compel obedience to a subpena issued by the board by attachment proceedings as for contempt.
Sec. 3. Any person violating any rule or regulation of the board relating to the practice of optometry is liable to the board for an administrative fine of not less than $100 or more than $500.
Sec. 4. NRS 636.055 is hereby amended to read as follows:
636.055 1. A membership shall become vacant in the event of the members conviction of a felony or a gross misdemeanor, involving moral turpitude, death, ineligibility to hold office, mental or physical incompetency, removal from the state, or resignation prior to the expiration of his term.
2. In the event a membership becomes temporarily vacant by reason of a board members disqualification or removal from a hearing, the governor, pursuant to NRS 636.060 and 636.065, shall fill such temporary vacancy for the period of the hearing or any rehearing thereof.
Sec. 5. NRS 636.160 is hereby amended to read as follows:
636.160 Written application for examination, made on a form furnished by the board and verified by the applicant, must be filed with the secretary at least [2 weeks] 1 month prior to examination of the applicant.
Sec. 6. NRS 636.280 is hereby amended to read as follows:
636.280 The amount of fees under this chapter shall be:
Examination fee................................................................................................... $50
Reexamination fee...................................................................................... [$25] 50
Reciprocity application fee...................................................................... [100] 200
License issuance fee................................................................................... [20] 25
Annual license renewal fee: Not less than [$10,] $25, and not more than [$50,] $100, as the board shall determine annually.
Duplicate license fee................................................................................... [10] 25
Duplicate renewal care issuance fee........................................................... [2] 10
Sec. 7. NRS 636.285 is hereby amended to read as follows:
636.285 The amount of penalties under this chapter shall be as follows:
Failure to obtain renewal license............................................................. [$25] $50
Failure to record license in county........................................................... [25] 50
Sec. 8. NRS 636.300 is hereby amended to read as follows:
636.300 The following acts, or any of them, on the part of the licensee, shall constitute unethical or unprofessional conduct:
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person or persons not licensed to practice optometry in this state for the purpose of assisting him or them in such practice or enabling him or them to engage therein.
3. Making a house-to-house canvass, either in person or by another or other persons, for the purpose of advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
κ1973 Statutes of Nevada, Page 537 (CHAPTER 390, AB 789)κ
sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
4. Division of fees with another optometrist except for services based on division of service or responsibility.
5. Division of fees or any understanding or arrangement with any person not an optometrist.
6. Employing any person to solicit house-to-house for the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
7. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to his method of practice or skill, or the method of practice or skill of any other licensee.
8. Advertising in any manner that will tend to deceive, defraud or mislead the public.
9. Advertising, directly or indirectly, free optometric examinations or services.
10. Advertising, directly or indirectly, any rates or definite amount or terms for optometric materials or services.
11. Practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a commercial or mercantile business is being conducted not exclusively devoted to optometry or other health care professions and materials or merchandise are displayed having no relation to the practice of optometry or other health care professions.
________
Assembly Bill No. 271Committee on Ways and Means
CHAPTER 391
AN ACT relating to the Nevada highway patrol; deleting the limitation on the number of supplementary highway patrolmen who may be employed; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol shall be composed, in addition to the personnel [enumerated in] provided by NRS 481.140, of supplementary patrolmen to the extent permitted by the moneys which are available for such purposes in the special fund created by subsection 10 of NRS 482.480. [, but no more than 15 such additional patrolmen may be added in any 1 fiscal year.]
2. The director shall appoint such additional patrolmen as soon after the beginning of each fiscal year as he can determine the amount of moneys which are available [in the special fund.] for this purpose. Salaries, travel and subsistence payments shall be as provided in NRS 481.170.
________
κ1973 Statutes of Nevada, Page 538κ
Assembly Bill No. 310Messrs. Mello, Dini, Vergiels, Banner, Craddock, Barengo, May, Prince, Wittenberg, Robinson, Mrs. Gojack, Messrs. Hayes, Smalley, Bremner, Capurro, Ullom, Crawford, Bennett, Demers, Miss Foote, Messrs. Dreyer, Smith, Glover, Schofield, Mrs. Brookman and Mr. Hickey
CHAPTER 392
AN ACT increasing certain benefits under industrial insurance and for occupational disease; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any claimant or his dependents, residing in this state, who receive compensation for permanent total disability on account of an industrial injury or disablement due to occupational disease occurring prior to April 9, 1971, is entitled to a 10 percent increase in such compensation, without regard to any wage limitation imposed by this chapter on the amount of such compensation. The increase shall be paid from the general fund in the state treasury.
Sec. 3. Any widow, widower, surviving children or surviving dependent parent or parents, residing in this state, who receive death benefits on account of an industrial injury or disablement due to occupational disease occurring prior to July 1, 1973, is entitled to a 10 percent increase in such benefits without regard to any wage limitation imposed by this chapter on the amount of such benefits. The increase shall be paid from the general fund in the state treasury.
________
Assembly Bill No. 270Committee on Ways and Means
CHAPTER 393
AN ACT relating to silicosis; removing the limitation on occupational disease benefits to future claimants; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the state board of health to be suffering from silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of former NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
κ1973 Statutes of Nevada, Page 539 (CHAPTER 393, AB 270)κ
(c) Is not infected with active tuberculosis.
(d) Files with the health division of the department of health, welfare and rehabilitation, before January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the state board of health to determine his condition.
2. In addition to those persons described in subsection 1, any other person, including an employee or his dependents, shall be entitled to the benefits provided in NRS 443.145 to 443.165, inclusive, upon receiving the maximum amount of $14,250 formerly provided under NRS 617.460 and any supplemental amounts as authorized by NRS 617.465 to 617.469, inclusive, to which they were entitled, if the disability from silicosis occurred prior to July 1, 1973.
3. Upon receiving a monthly statement showing the amount of benefits to be paid for such month to those persons described in subsection 2 of this section, the state treasurer shall pay an amount equal to that shown on such statement from sums appropriated for the purpose of such benefits to the department of health, welfare and rehabilitation.
[2.] 4. The health division of the department of health, welfare and rehabilitation shall arrange for physical examinations of all applicants and pay the costs of such examinations from the special silicosis fund.
Sec. 2. NRS 617.300 is hereby amended to read as follows:
617.300 For the purposes of any experience rating for an establishment or plant as provided for in NRS 617.280 and 617.290, the accident record of an establishment or plant shall not be charged directly with more than $2,500 for any one case of total disability or death as a result of silicosis arising out of and in the course of employment in Nevada; provided, that in any case coming within the purpose of this section, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a period of not less than [5] 3 years in employment in Nevada.
Sec. 3. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after temporary or total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 3 years in employment in Nevada [, some portion of which shall have been after July 1, 1947.]
κ1973 Statutes of Nevada, Page 540 (CHAPTER 393, AB 270)κ
[, some portion of which shall have been after July 1, 1947.] covered by the Nevada industrial commission.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) [Except as provided in NRS 617.465, 617.466, 617.467, 617.468 and 617.469, the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $14,250.] Compensation shall be payable in sums and for purposes provided by chapter 616 of NRS. [The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The] Except as provided in NRS 616.615, the commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment. [notwithstanding the provisions of NRS 616.620.] Payment of benefits and compensation shall be limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis prior to July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, and such supplemental amounts as authorized in NRS 617.465 to 617.469, inclusive, to which they are entitled shall be terminated from all compensation payments by the commission, but shall continue to receive the same amount of compensation from the special silicosis fund in the state treasury pursuant to NRS 443.145 to 443.165, inclusive. The commission will advise the department of health, welfare and rehabilitation of the dates on which compensation will terminate for all claimants, who are permanently disabled by silicosis, or their dependents. The commission will make available to the department of health, welfare and rehabilitation claims records necessary to establish and support the claimants permanent disability as a result of silicosis.
________
κ1973 Statutes of Nevada, Page 541κ
Assembly Bill No. 335Messrs. Barengo and Hayes
CHAPTER 394
AN ACT relating to limited partnerships; increasing rights and limiting the obligations of limited partners under the Uniform Limited Partnership Act; relieving limited partnerships from filing a certificate of assumed or fictitious name; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 88.030 is hereby amended to read as follows:
88.030 1. Two or more persons desiring to form a limited partnership shall:
(a) Sign and [swear to] acknowledge a certificate, which shall state:
(1) The name of the partnership,
(2) The character of the business,
(3) The location of the principal place of business,
(4) The name and place of residence of each member; general and limited partners being respectively designated,
(5) The term for which the partnership is to exist,
(6) The amount of cash and a description of and the agreed value of the other property contributed by each limited partner,
(7) The additional contributions, if any, agreed to be made by each limited partner and the times at which or events on the happening of which they shall be made,
(8) The time, if agreed upon, when the contribution of each limited partner is to be returned,
(9) The share of the profits or the other compensation by way of income which each limited partner shall receive by reason of his contribution,
(10) The right, if given, of a limited partner to substitute an assignee as contributor in his place, and the terms and conditions of the substitution,
(11) The right, if given, of the partners to admit additional limited partners,
(12) The right, if given, of one or more of the limited partners to priority over other limited partners, as to contributions or as to compensation by way of income, and the nature of such priority,
(13) The right, if given, of the remaining general partner or partners to continue the business on the death, retirement or insanity of a general partner, [and]
(14) The right, if given, of a limited partner to demand and receive property other than cash in return for his contribution [.] , and
(15) The right, if given, of a limited partner to vote upon any of the matters described in subsection 2 of NRS 88.080, and the vote required for election or removal of general partners, or to cause other action to be effective as to the limited partnership.
The signing of such certificate by a limited partner may be in person or for him by an attorney in fact, who may be a member of the partnership and shall acknowledge such signature as such attorney in fact. Proof of a personal signature of a limited partner, if not acknowledged, may be made by a subscribing witness as provided by law.
κ1973 Statutes of Nevada, Page 542 (CHAPTER 394, AB 335)κ
a personal signature of a limited partner, if not acknowledged, may be made by a subscribing witness as provided by law.
(b) File the certificate for record in the office of the recorder of the county in which the principal place of business of the partnership is maintained, and file a certified copy of original for record in the office of the recorder of each other county in which the partnership maintains a place of business.
2. A limited partnership is formed if there has been substantial compliance in good faith with the requirements of subsection 1.
Sec. 2. NRS 88.080 is hereby amended to read as follows:
88.080 1. A limited partner shall not become liable as a general partner unless, in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business.
2. A limited partner shall not be deemed to take part in the control of the business by virtue of his possessing or exercising a power, specified in the certificate, to vote upon matters affecting the basic structure of the partnership, including the following matters or others of a similar nature:
(a) Election or removal of general partners.
(b) Termination of partnership.
(c) Amendment of the partnership agreement.
(d) Sale of all or substantially all of the assets of the partnership.
3. The statement of powers set forth in subsection 2 is not exclusive and does not indicate that any other powers possessed or exercised by a limited partner are sufficient to cause such limited partner to be deemed to take part in the control of the business within the meaning of subsection 1.
Sec. 3. NRS 88.100 is hereby amended to read as follows:
88.100 1. A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership without limited partners, except that without the written consent or ratification of the specific act by all the limited partners, a general partner or all of the general partners have no authority to:
[1.] (a) Do any act in contravention of the certificate,
[2.] (b) Do any act which would make it impossible to carry on the ordinary business of the partnership,
[3.] (c) Confess a judgment against the partnership,
[4.] (d) Possess partnership property, or assign their rights in specific partnership property, for other than a partnership purpose,
[5.] (e) Admit a person as a general partner,
[6.] (f) Admit a person as a limited partner, unless the right so to do is given in the certificate,
[7.] (g) Continue the business with partnership property on the death, retirement or insanity of a general partner, unless the right so to do is given in the certificate.
2. In the event of the removal or failure of reelection of a general partner, pursuant to the vote of the limited partners in accordance with the certificate, such general partner shall cease to be liable as such upon the filing of an amended certificate of limited partnership as provided in NRS 88.250 and 88.260, and compliance by the partnership or the partner with all requirements of notice and publication of a former partner in a partnership without limited partners.
κ1973 Statutes of Nevada, Page 543 (CHAPTER 394, AB 335)κ
Sec. 4. NRS 88.110 is hereby amended to read as follows:
88.110 1. A limited partner shall have the same rights as a general partner to:
(a) Have the partnership books kept at the principal place of business of the partnership, and at all times to inspect and copy any of them,
(b) Have on demand true and full information of all things affecting the partnership, and a formal account of partnership affairs whenever circumstances render it just and reasonable, and
(c) Have dissolution and winding up by decree of court.
2. If provided for in the certificate and by any agreement, limited partners may waive the rights set forth in paragraphs (a) and (b) of subsection 1.
3. A limited partner shall have the right to receive a share of the profits or other compensation by way of income, and to the return of his contribution as provided in NRS 88.160 and 88.170.
Sec. 5. NRS 88.180 is hereby amended to read as follows:
88.180 1. A limited partner is liable to the partnership:
(a) For the difference between his contribution as actually made and that stated in the certificate as having been made, and
(b) For any unpaid contribution which he agreed in the certificate to make in the future at the time and on the conditions stated in the certificate.
2. A limited partner holds as trustee for the partnership:
(a) Specific property stated in the certificate as contributed by him, but which was not contributed or which has been wrongfully returned, and
(b) Money or other property wrongfully paid or conveyed to him on account of his contribution.
3. The liabilities of a limited partner as set forth in this section can be waived or compromised only by the consent of all members; but a waiver or compromise shall not affect the right of a creditor of a partnership, who extended credit or whose claim arose after the filing and before a cancellation or amendment of the certificate, to enforce such liabilities.
4. When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return [.] , unless at the time of the return he received all of the capital of his contribution and:
(a) The assets of the partnership exceeded its liabilities; and
(b) The partnership was able to meet its liabilities as they matured.
Sec. 6. NRS 88.200 is hereby amended to read as follows:
88.200 1. A limited partners interest is assignable.
2. A substituted limited partner is a person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership.
3. An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions or to inspect the partnership books [;] , or to vote on any of the matters as to which a limited partner would be entitled to vote pursuant to the provisions of NRS 88.080 and the certificate of limited partnership; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled.
κ1973 Statutes of Nevada, Page 544 (CHAPTER 394, AB 335)κ
compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled.
4. An assignee shall have the right to become a substituted limited partner if all the members (except the assignor) consent thereto or if the assignor, being thereunto empowered by the certificate, gives the assignee that right.
5. An assignee becomes a substituted limited partner when the certificate is appropriately amended in accordance with NRS 88.260.
6. The substituted limited partner has all the rights and powers, and is subject to all the restrictions and liabilities of his assignor, except those liabilities of which he was ignorant at the time he became a limited partner and which could not be ascertained from the certificate.
7. The substitution of the assignee as a limited partner does not release the assignor from liability to the partnership under NRS 88.070 and 88.180.
Sec. 7. NRS 88.210 is hereby amended to read as follows:
88.210 The retirement, death [or] , insanity, removal or failure of reelection of a general partner dissolves the partnership, unless the business is continued by the remaining [general partners:] or elected general partners or partner:
1. Under a right so to do stated in the certificate, or
2. With the consent of all members.
Sec. 8. NRS 88.250 is hereby amended to read as follows:
88.250 1. The certificate shall be canceled when the partnership is dissolved or all limited partners cease to be such.
2. A certificate shall be amended when:
(a) There is a change in the name of the partnership or in the amount or character of the contribution of any limited partner,
(b) A person is substituted as a limited partner,
(c) An additional limited partner is admitted,
(d) A person is admitted as a general partner,
(e) A general partner retires, dies or becomes insane, and the business is continued under NRS 88.210,
(f) There is a change in the character of the business of the partnership,
(g) There is a false or erroneous statement in the certificate,
(h) There is a change in the time as stated in the certificate for the dissolution of the partnership or for the return of a contribution,
(i) A time is fixed for the dissolution of the partnership, or the return of a contribution, no time having been specified in the certificate, [or]
(j) The members desire to make a change in any other statement in the certificate in order that it shall accurately represent the agreement between them [.] , or
(k) There is a change in the right to vote upon any of the matters described in subsection 2 of NRS 88.080.
Sec. 9. NRS 88.260 is hereby amended to read as follows:
88.260 1. The writing to amend a certificate shall:
(a) Conform to the requirements of paragraph (a) of subsection 1 of NRS 88.030 as far as necessary to set forth clearly the change in the certificate which it is desired to make, and
κ1973 Statutes of Nevada, Page 545 (CHAPTER 394, AB 335)κ
(b) Be signed and [sworn to by all members,] acknowledged by:
(1) All members; or
(2) If the certificate so provides, a general partner,
and an amendment substituting a limited partner or adding a limited or general partner shall be signed also by the member to be substituted or added, and when a limited partner is to be substituted, the amendment shall also be signed by the assigning limited partner.
2. The writing to cancel a certificate shall be signed by all members.
3. A person desiring the cancellation or amendment of a certificate, if any person designated in subsections 1 and 2 as a person who must execute the writing refuses to do so, may petition any court of competent jurisdiction to direct a cancellation or amendment thereof.
4. If the court finds that the petitioner has a right to have the writing executed by a person who refuses to do so, it shall order the county recorder of the county where the original certificate is recorded to record the cancellation or amendment of the certificate; and where the certificate is to be amended, the court shall also cause to be filed for record in that office a certified copy of its decree setting forth the amendment; and if copies of certificates shall have been filed in other counties, the court may make similar orders to county recorders of other counties.
5. A certificate is amended or canceled when there is filed for record in the office or offices designated in NRS 88.030 where the certificate is recorded:
(a) A writing in accordance with the provisions of subsections 1 or 2 or
(b) A certified copy of the order of court in accordance with the provisions of subsection 4.
6. After the certificate is duly amended in accordance with this section, the amended certificate shall thereafter be for all purposes the certificate provided for by this chapter.
Sec. 10. NRS 602.010 is hereby amended to read as follows:
602.010 Every person, corporation, firm and general partnership conducting, carrying on or transacting business in this state under an assumed or fictitious name or designation which does not show the real name or names of the corporation or person or persons engaged or interested in such business, must file with the county clerk of each county in which the business is being carried on, or is intended to be carried on, a certificate containing the information required by NRS 602.020.
Sec. 11. NRS 602.030 is hereby amended to read as follows:
602.030 The certificate must be filed within 1 month after the commencement of business or after the formation of the corporation or general partnership.
Sec. 12. NRS 602.040 is hereby amended to read as follows:
602.040 On every change in the members of a general partnership transacting business under a fictitious name or designation, a new certificate containing the information required by NRS 602.020 must be filed with the county clerk within 1 month after such change.
Sec. 13. NRS 602.070 is hereby amended to read as follows:
602.070 No action may be commenced or maintained by any person, corporation, firm or general partnership mentioned in NRS 602.010, nor by an assignee of such person, corporation, firm or general partnership, upon or on account of any contract made or transaction had under such fictitious or fanciful name or designation, nor upon or on account of any cause of action arising or growing out of the business so carried on under such name or designation, unless prior to the commencement thereof the certificate required by this chapter has been filed.
κ1973 Statutes of Nevada, Page 546 (CHAPTER 394, AB 335)κ
nor by an assignee of such person, corporation, firm or general partnership, upon or on account of any contract made or transaction had under such fictitious or fanciful name or designation, nor upon or on account of any cause of action arising or growing out of the business so carried on under such name or designation, unless prior to the commencement thereof the certificate required by this chapter has been filed.
Sec. 14. NRS 602.080 is hereby amended to read as follows:
602.080 1. Partnerships which were engaged in business prior to March 20, 1923, and which had complied with the provisions of chapter 40, Statutes of Nevada 1887, shall not be required to comply with the provisions of this chapter except as to subsequent changes in membership of the partnerships.
2. Limited partnerships formed pursuant to chapter 88 of NRS are not required to comply with the provisions of this chapter.
________
Senate Bill No. 505Senator Bryan
CHAPTER 395
AN ACT relating to health insurance; providing coverage for dependent handicapped children beyond specified limiting age in both individual and group policies; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any health insurance policy delivered or issued for delivery after November 1, 1973, which provides for the termination of coverage on a dependent child of a policyholder when such child attains a contractually specified limiting age shall also provide that such coverage shall not terminate when the dependent child reaches such age if such child is and continues to be:
(a) Incapable of self-sustaining employment due to a physical handicap or mental retardation; and
(b) Dependent on the policyholder for support and maintenance.
2. Proof of such childs incapacity and dependency shall be furnished to the insurer by the policyholder within 31 days after such child attains the specified limiting age and as often as the insurer may thereafter require, but no more than once a year beginning 2 years after such child attains the specified limiting age.
Sec. 2. NRS 689A.030 is hereby amended to read as follows:
689A.030 No policy of health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:
1. The entire money and other considerations therefor shall be expressed therein;
κ1973 Statutes of Nevada, Page 547 (CHAPTER 395, SB 505)κ
2. The time when the insurance takes effect and terminates shall be expressed therein;
3. It shall purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children or any children under a specified age which shall not exceed 19 years except as provided in section 1 of this act, and any other person dependent upon the policyholder;
4. The style, arrangement and overall appearance of the policy shall give no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points (the text shall include all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions);
5. The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, shall be printed, at the insurers option, either included with the benefit provision to which they apply, or under an appropriate caption such as Exceptions, or Exceptions and Reductions, except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies;
6. Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and
7. The policy shall contain no provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the commissioner.
Sec. 3. NRS 689A.040 is hereby amended to read as follows:
689A.040 1. Except as provided in [subsection 2,] subsections 2 and 3, each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, in the words in which the same appear, except that the insurer may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision shall be preceded individually by the applicable caption shown, or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
2. Each policy delivered or issued for delivery in this state after November 1, 1973, shall contain a provision, if applicable, setting forth the provisions of section 1 of this act.
3. If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
κ1973 Statutes of Nevada, Page 548 (CHAPTER 395, SB 505)κ
the insurer, with the approval of the commissioner, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
Sec. 4. Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A group health insurance policy delivered or issued for delivery after November 1, 1973, which provides for the termination of coverage on a dependent child of a member of the insured group, when such child attains a contractually specified limiting age, shall also provide that such coverage shall not terminate when the dependent child reaches such age if such child is and continues to be:
(a) Incapable of self-sustaining employment due to a physical handicap or mental retardation; and
(b) Dependent on the member of the insured group for support and maintenance.
2. Proof of such childs incapacity and dependency shall be furnished to the insurer by the member of the insured group within 31 days after such child attains the specified limiting age and as often as the insurer may thereafter require, but no more than once a year beginning 2 years after such child attains the specified limiting age.
Sec. 5. NRS 689B.080 is hereby amended to read as follows:
689B.080 Any insurer authorized to write health insurance in this state shall have the power to issue blanket health insurance. No such blanket policy, except as provided in subsection 4 of NRS 687B.120 (filing, approval of forms), may be issued or delivered in this state unless a copy of the form thereof has been filed in accordance with NRS 687B.120. Every such blanket policy shall contain provisions which in the opinion of the commissioner are not less favorable to the policyholder and the individual insured than the following:
1. A provision that the policy, including endorsements and a copy of the application, if any, of the policyholder and the persons insured shall constitute the entire contract between the parties, and that any statement made by the policyholder or by a person insured shall in the absence of fraud be deemed a representation and not a warranty, and that no such statements shall be used in defense to a claim under the policy, unless contained in a written application. Such person, his beneficiary or assignee shall have the right to make a written request to the insurer for a copy of such application, and the insurer shall, within 15 days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy is not so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving any statements contained therein.
2. A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when such sickness or injury occurred. Failure to give notice within such time shall not invalidate or reduce any claim if it is shown not to have been reasonably possible to give such notice and that notice was given as soon as was reasonably possible.
κ1973 Statutes of Nevada, Page 549 (CHAPTER 395, SB 505)κ
3. A provision that the insurer will furnish either to the claimant or to the policyholder for delivery to the claimant such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of 15 days after giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
4. A provision that in the case of a claim for loss of time for disability, written proof of such loss must be furnished to the insurer within 90 days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of such disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of a claim for any other loss, written proof of such loss must be furnished to the insurer within 90 days after the date of such loss. Failure to furnish such proof within such time shall not invalidate or reduce any claim if it is shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reasonably possible.
5. A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss, and that, subject to due proof of loss, all accrued benefits payable under the policy for loss of time will be paid not less frequently than monthly during the continuance of the period for which the insurer is liable, and that any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof.
6. A provision that the insurer at its own expense shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of claim under the policy and also the right and opportunity to make an autopsy where it is not prohibited by law.
7. A provision, if applicable, setting forth the provisions of section 2 of this act.
8. A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of the policy and that no such action shall be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.
________
κ1973 Statutes of Nevada, Page 550κ
Assembly Bill No. 246Mr. Banner
CHAPTER 396
AN ACT vesting authority in the labor commissioner to determine whether certain employment of minors is dangerous or injurious.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.190 is hereby amended to read as follows:
609.190 1. No child under the age of 16 years shall be employed, permitted or suffered to work in any capacity in, about or in connection with:
(a) The preparation of any composition in which dangerous or poisonous acids are used.
(b) The manufacture of paints, colors or white lead.
(c) Dipping, drying or packing matches.
(d) The manufacture of goods for immoral purposes.
(e) Any mine, coalbreaker, quarry, smelter, ore reduction works, laundry, tobacco warehouse, cigar factory or other factory where tobacco is manufactured or prepared.
(f) Any distillery, brewery or any other establishment where malt or alcoholic liquors are manufactured, packed, wrapped or bottled.
(g) Any glass furnace, smelter, the outside erection and repair of electric wires, the running or management of elevators, lifts or hoisting machines, or oiling hazardous or dangerous machinery in motion.
(h) Switch tending, gate tending, or track repairing.
2. No child under the age of 16 years shall be employed or permitted or suffered to work as a brakeman, fireman, engineer, motorman or conductor upon any railroad in or about establishments where nitroglycerin, dynamite, dualin, guncotton, gunpowder or other high or dangerous explosives are manufactured, compounded or stored.
3. No child under the age of 16 years shall be employed or permitted or suffered to work in any other employment declared by the [state board of health] labor commissioner to be dangerous to the lives or limbs, or injurious to the health or morals, of children under the age of 16 years.
Sec. 2. NRS 609.200 is hereby amended to read as follows:
609.200 The [state board of health] labor commissioner may, from time to time, determine whether or not any particular trade, process of manufacture, occupation, or any particular method of carrying on such trade, process of manufacture or occupation is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under 16 years of age employed therein to justify their exclusion therefrom, and may prohibit their employment therein.
________
κ1973 Statutes of Nevada, Page 551κ
Assembly Bill No. 176Messrs. Dini, Howard, Getto, Prince and Glover
CHAPTER 397
AN ACT relating to national guard armories; providing that a fund shall be accumulated from use fees which shall be applied to military activities and affairs and to further community relations.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 412.108 is hereby amended to read as follows:
412.108 1. The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which shall include among its provisions his or its full name and address, the purpose for which such use is desired, the nature and manner of the intended use of such space, a reasonable rental to be paid for such use and the amounts to be paid for heating, lighting, janitorial and other services connected with such use. The terms and provisions of such agreement shall be governed by department regulations issued pursuant to this chapter, which regulations shall include provisions designed to prevent unfair competition with privately owned property and business.
2. No agreement for use made under this section shall be effective until such agreement or lease has been approved and executed by the officer in charge of the armory and has been approved by his military superiors as prescribed by department regulations issued pursuant to this chapter.
3. No agreement or lease made under this section may be assigned in whole or in part nor may such space or any part thereof be sublet to or used by a person, firm, association or corporation not a party to such agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory.
4. All moneys paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the armory shall be use fees within the meaning of this section and shall be paid to the officer in charge of the armory. Any person other than the officer in charge of the armory who receives any such moneys shall immediately pay over the moneys to the officer in charge of the armory, who shall immediately forward one-half of such moneys to the office of the adjutant general to be placed in a revolving fund in the name of the adjutant general to be used by the department for necessary repairs and improvements of state armories and arsenals in the manner prescribed by department regulations. The remaining one-half of such moneys shall be placed in an armory fund to be kept by the officer in charge of the armory and used for military activities, affairs and to further community relations within the community in which the armory is located. These expenditures shall be made according to department regulations and must be approved by a board of three officers appointed by the adjutant general.
5. When use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the adjutant general, in his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he may prescribe.
κ1973 Statutes of Nevada, Page 552 (CHAPTER 397, AB 176)κ
bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the adjutant general, in his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he may prescribe.
________
Assembly Bill No. 210Messrs. Dreyer, Lowman and Dini
CHAPTER 398
AN ACT relating to explosive devices; prohibiting the manufacture, use, possession or disposal of any explosive or incendiary device with intent to destroy life or property; expanding the provision prohibiting threatened use of an explosive and providing an increased penalty for violation thereof; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.260 is hereby amended to read as follows:
202.260 1. [It shall be unlawful for any person to manufacture or procure any dynamite machine or device or other device for the destruction of life or property, or to have either of the same in his possession.
2. Any person violating the provisions of this section shall be guilty of a felony.] Any person who unlawfully possesses, manufactures, or disposes of any explosive or incendiary device with intent to destroy life or property shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. For the purposes of this section:
(a) Dispose of means give, give away, loan, offer, offer for sale, sell or transfer.
(b) Explosive or incendiary device means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its intended use would cause destruction or injury to life or property.
3. Subsection 1 does not prohibit the manufacture, use, possession or disposal of any material, substance or device by those persons engaged in mining or any other lawful activity or who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties.
Sec. 2. NRS 202.840 is hereby amended to read as follows:
202.840 [1. Any person who intentionally gives or causes to be given, turns in or causes to be turned in, broadcasts or causes to be broadcast, any false or fictitious threat of the setting of any explosive, bomb, spring trap or mechanism known or commonly thought to be dangerous to human life, limb or safety is guilty of a gross misdemeanor.
2. If, as a result of a violation of subsection 1, any person suffers great bodily injury or death, the person who violated subsection 1 shall be guilty of a felony.]
κ1973 Statutes of Nevada, Page 553 (CHAPTER 398, AB 210)κ
guilty of a felony.] Any person who through the use of the mail, written note, telephone, telegraph, radio broadcast or other means of communication, willfully makes any threat, or maliciously conveys false information knowing it to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure or intimidate any person or unlawfully to damage or destroy any building, vehicle, aircraft or other real or personal property by means of any explosive, bomb, spring trap or mechanism known or commonly thought to be dangerous to human life, limb or safety shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 3. NRS 205.055 is hereby amended to read as follows:
205.055 [1.] Any willful preparation made by any person with a view to setting fire to any building or structure shall be deemed to be an attempt to commit the crime of arson, and shall be punished as such.
[2. Every person who possesses, manufactures or disposes of a fire bomb or any flammable, explosive or combustible material or substance, or any device in an arrangement or preparation, with intent willfully and maliciously to use such material, substance or device to set fire to or burn any building, structure or personal property mentioned in NRS 205.010, 205.015 and 205.020, is guilty of an attempt to commit the crime of arson, and upon conviction shall be punished as provided in NRS 205.025.
3. For the purposes of this section:
(a) Dispose of means give, give away, loan, offer, offer for sale, sell or transfer.
(b) Fire bomb is a breakable container containing a flammable liquid with a flash point of 150Ί F. or less, having a wick or similar device capable of being ignited; but no device commercially manufactured primarily for the purpose of illumination is a fire bomb.
4. Subsection 2 does not prohibit the authorized use or possession of any material, substance or device described therein by a member of the Armed Forces of the United States or by firemen, or peace officers; nor does it prohibit the use or possession of any material, substance or device described therein when used solely for scientific research or educational purposes or for any other lawful burning. Subsection 2 does not prohibit the manufacture or disposal of a fire bomb for the persons or purposes described in this subsection.]
________
κ1973 Statutes of Nevada, Page 554κ
Assembly Bill No. 236Committee on Ways and Means
CHAPTER 399
AN ACT making additional and supplemental appropriations from the general fund in the state treasury for public employees retirement fund and district judges judicial pension fund; and providing other matters properly relating thereto.
[Approved April 19, 1973]
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, 1973, there is hereby appropriated from the general fund in the state treasury:
1. The sum of $7,500.23 to the public employees retirement fund for the purpose of reimbursing the fund for the states share of contributions and administrative fees for two retired district judges.
2. The sum of $8,544.78 to the district judges judicial pension fund for the purpose of meeting a deficiency, created by the retirement of a district judge, as an additional and supplemental appropriation to that allowed and made by section 12 of chapter 588, Statutes of Nevada 1971.
Sec. 2. After June 30, 1973, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1973.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 531Committee on Health, Welfare and State Institutions
CHAPTER 400
AN ACT relating to assistance to the blind; providing monthly state aid based on a set amount less federal and private income; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the welfare division of the department of health, welfare and rehabilitation is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. [The] Until December 31, 1973, the amount of assistance granted for any aid to the blind recipient shall be determined in accordance with the rules and regulations made by the welfare division. At no time shall the annual average grant for eligible individuals covered by the program exceed the average grant amount authorized by the legislature. [Should] If federal matching funds [be] are withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
κ1973 Statutes of Nevada, Page 555 (CHAPTER 400, SB 531)κ
covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
3. Beginning on January 1, 1974, an eligible blind person is entitled to receive, as aid from the state for his personal needs and shelter, a monthly allowance of $215 less:
(a) Any sum he receives from the Federal Government or through federal funds as a monthly benefit to the blind; and
(b) His accountable income from other sources, as defined under regulations of the welfare division.
4. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
________
Senate Bill No. 494Committee on Federal, State and Local Governments
CHAPTER 401
AN ACT to amend provisions relating to issuance of surety bonds of public officers and employees to clarify applicability of such provisions to state officers and other public officers and employees; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 282.230 is hereby amended to read as follows:
282.230 1. There is hereby created a fund to be known as the bond trust fund.
2. The purpose of the bond trust fund is to assure the State of Nevada and the several counties, townships, incorporated cities and irrigation districts thereof against loss through defalcation, misappropriation or negligent loss of public funds by state officers or county [officials,] officers and employees, or [officials] officers and employees of townships, incorporated cities or irrigation districts in the State of Nevada, whose official duties have to do with the handling of funds of the state, counties, townships, incorporated cities or irrigation districts and who are required by law to furnish personal or surety bonds, and also against loss resulting from failure of such [officials] officers and employees faithfully to perform the duties of their offices.
Sec. 2. NRS 282.240 is hereby amended to read as follows:
282.240 1. Every state, county and township [official] officer and his deputy, and [officials] officers of incorporated cities and irrigation districts and their deputies, in the State of Nevada, required by law in his or their official capacity to furnish a surety bond or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or the governing board of any incorporated city or any irrigation district to furnish a surety bond or bonds, may apply to the state board of examiners for surety.
κ1973 Statutes of Nevada, Page 556 (CHAPTER 401, SB 494)κ
2. If, upon investigation by the state board of examiners, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the state board of examiners shall issue a surety bond to him. The bond shall be patterned according to instruments of this nature and to meet the provisions of NRS 282.230 to 282.350, inclusive.
3. The bond shall have full force and effect as a surety bond against defalcation, misappropriation or negligent loss of public funds, and shall serve all purposes of bonds required by law from state officers and county [officials] officers and employees and [officials] officers and employees of incorporated cities, townships or irrigation districts in the State of Nevada.
Sec. 3. NRS 282.270 is hereby amended to read as follows:
282.270 The state board of examiners shall:
1. Keep an accurate record of all surety bonds issued.
2. Cause all bonds and complete financial statements of county and township [officials] officers and employees to be filed with the county clerks of the respective counties.
3. Cause all bonds and complete financial statements of city [officials] officers and employees to be filed with the city clerks of the respective cities.
4. Cause all bonds and complete financial statements of state [officials] officers and irrigation district [officials] officers and employees to be filed with the secretary of state.
Sec. 4. NRS 282.300 is hereby amended to read as follows:
282.300 1. In the case of county and township [officials,] officers and employees, each county shall pay from the county general fund into the state treasury at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its [officials.] officers and employees.
2. In the case of city [officials,] officers and employees, each city shall pay from the city general fund into the state treasury, at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its [officials.] officers and employees.
3. In the case of state [officials,] officers, the state shall pay from the state general fund into the state treasury, at the rate of not less than $5 per $1,000 annually, premiums on surety bonds issued to its [officials.] officers.
4. In the case of irrigation district [officials,] officers and employees, each irrigation district shall pay from its general fund into the state treasury, at the rate of not less than $5 per $1,000 annually, premiums on all such surety bonds issued to its [officials.] officers and employees.
Sec. 5. NRS 282.330 is hereby amended to read as follows:
282.330 1. Losses to counties which might occur from defalcation, misappropriation or negligent loss of public funds or from failure faithfully to perform the duties of his office on the part of a county or township [official] officer or employee shall be reported by the district attorney of that county to the state board of examiners.
2. Losses to cities which might occur from defalcation, misappropriation or negligent loss of public funds or from failure faithfully to perform the duties of his office on the part of a city [official] officer or employee shall be reported by the city attorney of that city to the state board of examiners.
κ1973 Statutes of Nevada, Page 557 (CHAPTER 401, SB 494)κ
the duties of his office on the part of a city [official] officer or employee shall be reported by the city attorney of that city to the state board of examiners.
3. In the case of the state, any losses shall be reported to the state board of examiners by the attorney general.
4. In the case of an irrigation district, any losses shall be reported to the state board of examiners by the board of directors of the irrigation district.
5. In each case the state board of examiners shall make, or cause to be made, a full investigation. If, from the investigation, the state board of examiners determines that the loss comes under the conditions of the surety bond, the state board of examiners shall order that restitution be made in the following manner:
(a) If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on the bond trust fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.
(b) If there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in the bond trust fund for the purpose of making restitution in part, and he shall report the condition of the bond trust fund to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution shall be completed.
Sec. 6. NRS 282.340 is hereby amended to read as follows:
282.340 1. If any [official] public officer or employee shall default, misappropriate or otherwise be responsible for loss of funds committed to his care, he shall be civilly liable for the amount thereof in an action to be prosecuted by:
(a) The district attorney in cases of county and township [officials.] officers and employees.
(b) The city attorney in cases of city [officials.] officers and employees.
(c) The attorney general in cases of state [officials] officers and irrigation district [officials.] officers or employees.
2. The state, county, city or irrigation district, as the case may be, shall have a lien on all real or personal property, not exempt from execution, of any such [official] officer or employee against whom such an action shall be brought for default, misappropriation, or other violation of the conditions of his surety bond given under the provisions of NRS 282.230 to 282.350, inclusive, and such lien shall become effective upon the execution of such surety bonds by state, county, township, city and irrigation district [officials,] officers and employees, and shall take precedence over any other unrecorded lien or encumbrance.
3. Upon judgment being entered in favor of the state, county, incorporated city or irrigation district, all property owned, either legally or equitably, by the state, county, township, city or irrigation district [official] officer or employee violating any condition of such bond, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage.
κ1973 Statutes of Nevada, Page 558 (CHAPTER 401, SB 494)κ
cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage. If there be an insufficiency of such property, or the judgment or any part of it remains unsatisfied, then a deficiency judgment may be entered by the court.
Sec. 7. NRS 282.350 is hereby amended to read as follows:
282.350 1. The state board of examiners may revoke the surety bond of any [official:] public officer or employee:
(a) If, after due investigation; notice and hearing, he is found to be addicted to gambling, excessive drinking of intoxicants or to the use of narcotics.
(b) Upon his conviction of a gross misdemeanor or any more serious crime.
(c) When he is legally determined to be insane.
(d) For any other cause deemed reasonable by the board.
2. Any [official] public officer or employee whose bond may have been revoked shall not again be granted a surety bond under the provisions of NRS 282.230 to 282.350, inclusive, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners.
________
Senate Bill No. 529Committee on Federal, State and Local Governments
CHAPTER 402
AN ACT authorizing boards of county commissioners to enact and enforce ordinances licensing dogs and regulating or prohibiting the running at large and disposal of animals; authorizing such ordinances to apply to limited areas within a county; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each board of county commissioners may enact and enforce an ordinance or ordinances:
(a) Fixing, imposing and collecting an annual license fee on dogs and providing for the capture and disposal of all dogs on which the license fee is not paid.
(b) Regulating or prohibiting the running at large and disposal of all kinds of animals.
(c) Establishing a pound, appointing a poundkeeper and prescribing his duties.
(d) Prohibiting cruelty to animals.
2. Any ordinance or ordinances enacted pursuant to the provisions of paragraphs (a) and (b) of subsection 1 may apply throughout an entire county or govern only a limited area within the county which shall be specified in the ordinance or ordinances.
κ1973 Statutes of Nevada, Page 559 (CHAPTER 402, SB 529)κ
county or govern only a limited area within the county which shall be specified in the ordinance or ordinances.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 518Committee on Federal, State and Local Governments
CHAPTER 403
AN ACT relating to public securities and other public obligations, including, without limitation, elections for the authorization of such obligations; amending chapters 349 and 350, Nevada Revised Statutes; otherwise concerning powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection therewith; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.017 is hereby amended to read as follows:
349.017 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the clerk of each county shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the last [6] 5 days of registration before such a special election, the officer of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 2. NRS 349.262 is hereby amended to read as follows:
349.262 1. Notes may be issued at public or private sale.
2. Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the State Securities Law.
3. Bonds may be sold at public or private sale, conditionally or unconditionally, to the [United States] Federal Government or to the state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.
κ1973 Statutes of Nevada, Page 560 (CHAPTER 403, SB 518)κ
state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.
4. Temporary bonds shall be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.
5. Interim debentures may be issued at public or private sale.
Sec. 3. NRS 350.026 is hereby amended to read as follows:
350.026 1. If the bond question or other loan proposal is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question or other loan proposal is submitted at a special election, the clerk of the county in which the municipal corporation is located shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the municipal corporation, if any be so published, and having a general circulation therein, a notice signed by him to the effect that registration of the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Friday, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the last [6] 5 days of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 4. NRS 350.616 is hereby amended to read as follows:
350.616 1. Notes may be issued at public or private sale.
2. Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in the Local Government Securities Law.
3. Bonds may be sold at public or private sale, conditionally or unconditionally, to the [United States] Federal Government or to the state, but otherwise bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.
4. Temporary bonds shall be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.
5. Interim debentures may be issued at public or private sale.
Sec. 5. This act shall become effective 7 days after passage and approval.
________
κ1973 Statutes of Nevada, Page 561κ
Senate Bill No. 514Committee on Federal, State and Local Governments
CHAPTER 404
AN ACT relating to county improvements, local improvements and general improvement districts; requiring written notice to property owners of any levy of assessment, or organization or consolidation of any general improvement district; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.503 is hereby amended to read as follows:
244.503 1. After the assessment roll is in final form, the board of county commissioners by resolution or ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution or ordinance, levy the assessments in the roll.
2. Written notice of the levy of assessment shall be given by registered or certified mail to the owners of all property upon which the assessment was levied.
3. Such decision, resolution or ordinance shall be final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
[3.] 4. Such determination by the board shall be conclusive upon the owners of the property assessed.
[4.] 5. The roll, when endorsed by the county clerk as the roll designated in the assessment resolution or ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 2. NRS 244.890 is hereby amended to read as follows:
244.890 1. After the assessment roll is in final form and is so confirmed by resolution, the county by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Written notice of the levy of assessment shall be given by registered or certified mail to the owners of all property upon which the assessment was levied.
3. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
[3.] 4. Such determination by the board shall be conclusive upon the owners of the property assessed.
[4.] 5. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 3. NRS 271.390 is hereby amended to read as follows:
271.390 1. After the assessment roll is in final form and is so confirmed by resolution, the municipality by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
κ1973 Statutes of Nevada, Page 562 (CHAPTER 404, SB 514)κ
such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Written notice of the levy of assessment shall be given by registered or certified mail to the owners of all the property upon which the assessment was levied.
3. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
[3.] 4. Such determination by the governing body shall be conclusive upon the owners of the property assessed.
[4.] 5. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 4. NRS 318.060 is hereby amended to read as follows:
318.060 After such initiating ordinance has been adopted by the board of county commissioners, the county clerk shall [give] mail written notice [by publication] to all property owners within the proposed district of the intention of the board of county commissioners to establish such district, which notice shall set forth the name, statement of purposes, general description and time and place of hearing.
Sec. 5. NRS 318.490 is hereby amended to read as follows:
318.490 1. Whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that any such district be merged, consolidated or dissolved, it shall so determine by ordinance, after there is first found, determined and recited in such ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.
(b) The services of such district are no longer needed or can be more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the ordinance to the board of such district and shall [give] mail written notice [by publication of:] to all property owners within the district in his county, containing the following:
(a) The adoption of such ordinance;
(b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on dissolution, merger or consolidation.
________
κ1973 Statutes of Nevada, Page 563κ
Assembly Bill No. 916Mr. Hayes
CHAPTER 405
AN ACT to amend NRS 281.210, relating to employment of relatives, by clarifying the extent of its provisions and extending its application to department heads and university officials and employees.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as provided in this section, it [shall be] is unlawful for any individual acting as a school trustee, state, township, municipal or county official, or as an official or employee of the University of Nevada, or the head of any department of any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University of Nevada, any relative of such individual or of any member of such board, agency or commission, within the third degree of consanguinity or affinity.
2. This section shall not be construed to apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To the wife of the warden of the Nevada state prison.
(d) To the wife of the superintendent of the Nevada girls training center.
(e) To relatives of blind officers and employees of the services to the blind division of the department of health, welfare and rehabilitation when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. No person employed contrary to the provisions of this section shall be [entitled to or allowed compensation] compensated for such employment.
5. Any person violating any provisions of this section [shall be] is guilty of a gross misdemeanor.
________
κ1973 Statutes of Nevada, Page 564κ
Assembly Bill No. 556Committee on Judiciary
CHAPTER 406
AN ACT relating to taxicab authorities; permitting local law enforcement agencies to enforce the taxicab authority law and regulations thereunder upon request of the taxicab authority; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.8818 is hereby amended to read as follows:
706.8818 1. For each county of this state to which NRS 706.881 to 706.885, inclusive, apply, the governor shall, until December 31, 1971, appoint a taxicab authority consisting of three persons, who shall serve at his pleasure. On and after January 1, 1972, a taxicab authority shall consist of three members appointed by the governor. Of the first taxicab authority appointed, one member shall be appointed for a term of 1 year, one member for 2 years, and one member for 3 years. Vacancies occurring as a result of the expiration of such terms shall be filled by appointment for terms of 3 years. No member may serve for more than 6 years. No more than two of such persons may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.
2. Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.
3. The taxicab authority may, in accordance with the provisions of chapter 233B of NRS, make appropriate rules and regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and rules and regulations adopted pursuant thereto.
4. Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every rule, regulation and order issued by the public service commission of Nevada shall remain effective in a county to which NRS 706.881 to 706.885, inclusive, apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 565κ
Assembly Bill No. 607Messrs. Dreyer, Huff and Ullom
CHAPTER 407
AN ACT relating to the disposal of unclaimed stolen or embezzled property; providing procedures for the disposal of such property; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 179.165 is hereby amended to read as follows:
179.165 1. If property stolen or embezzled is not claimed by the owner before the expiration of 6 months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody shall, on payment of the necessary expenses incurred for its preservation, deliver it to the county treasurer, [by whom it must be sold and the proceeds paid into the county treasury.] who shall dispose of such property as provided in subsection 2.
2. Upon receipt of the stolen or embezzled property, the county treasurer shall petition the district court for an order authorizing him to:
(a) Conduct an auction for the disposal of salable property;
(b) Dispose of property not deemed salable by donations to charitable organizations or by destruction;
(c) Destroy property the possession of which is deemed illegal or dangerous; or
(d) Dispose of property not purchased at an auction by donations to charitable organizations or by destruction.
3. Records of the property disposed of by sale, destruction or donation and an accounting of the cash received by the county treasurer from such sales shall be filed with the county clerk.
________
Senate Bill No. 126Senators Young, Hecht, Swobe, Wilson and Raggio
CHAPTER 408
AN ACT relating to land development; enabling cities and counties to provide by ordinance for planned unit residential development within their jurisdictions and grant applications for such in proper cases; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 22 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 59, inclusive, of this act.
Sec. 2. This chapter may be cited as the Planned Unit Development Law.
Sec. 3. In order that the public health, safety, morals and general welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; and in order to encourage a more efficient use of land, public services or private services in lieu thereof; to reflect changes in the technology of land development so that resulting economies may be made available to those who need homes; to insure that increased flexibility of substantive regulations over land development authorized in this chapter be administered in such a way as to encourage the disposition of proposals for land development without undue delay, the provisions of this chapter are created for the use of cities and counties in the adoption of the necessary ordinances.
κ1973 Statutes of Nevada, Page 566 (CHAPTER 408, SB 126)κ
welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; and in order to encourage a more efficient use of land, public services or private services in lieu thereof; to reflect changes in the technology of land development so that resulting economies may be made available to those who need homes; to insure that increased flexibility of substantive regulations over land development authorized in this chapter be administered in such a way as to encourage the disposition of proposals for land development without undue delay, the provisions of this chapter are created for the use of cities and counties in the adoption of the necessary ordinances.
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act, have the meanings ascribed to them in such sections.
Sec. 5. Common open space means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit residential development which is designed and intended for the use or enjoyment of the residents of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents.
Sec. 6. Landowner means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit residential development. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 30 years, or another person having an enforcible proprietary interest in such land is a landowner for the purposes of this chapter.
Sec. 7. Plan means the provisions for development of a planned unit residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase provisions of the plan means the written and graphic materials referred to in this section.
Sec. 8. Planned unit residential development means an area of land controlled by a landowner, which is to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of any zoning ordinance enacted pursuant to law.
Sec. 9. The powers granted under the provisions of this chapter may be exercised by any city or county which enacts an ordinance, if such ordinance:
1. Refers to this chapter.
2. Includes a statement of objectives for planned unit residential development, pursuant to the provisions of section 10 of this act.
3. Designates the local agency which shall exercise the powers of the city or county.
4. Sets forth the standards for a planned unit residential development consistent with the provisions of this chapter.
κ1973 Statutes of Nevada, Page 567 (CHAPTER 408, SB 126)κ
5. Sets forth the procedures pertaining to the application for hearing on and tentative and final approval of a planned unit residential development, which shall be consistent with the provisions of this chapter.
Sec. 10. Any ordinance enacted pursuant to the provisions of this chapter shall include within its provisions a written statement of the goals of the city or county with respect to land use for residential purposes, density of population, direction of growth, location and functions of streets and other public facilities, and common open space for recreation or visual benefit, or both, and such other factors as the city or county may find relevant in determining whether or not a planned unit residential development shall be authorized. This statement shall be referred to as a statement of objectives for planned unit residential developments.
Sec. 11. 1. Each ordinance enacted pursuant to the provisions of this chapter shall set forth the standards and conditions by which a proposed planned unit residential development shall be evaluated.
2. The city or county may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in the ordinance, if:
(a) Such rules and regulations are not inconsistent with the standards and conditions.
(b) Such rules and regulations are made a matter of public record.
3. Any amendment or change of such rules and regulations shall not apply to any plan for which an application for tentative approval has been made prior to the placing of public record any such amendment or change.
4. Such standards and conditions and all supplementary rules and regulations established for a particular planned residential development authorized pursuant to such ordinance shall not be inconsistent with the provisions of sections 12 to 17, inclusive, of this act.
Sec. 12. 1. An ordinance enacted pursuant to the provisions of this chapter shall set forth the uses permitted in a planned unit residential development, which uses may be limited to:
(a) Dwelling units which are not detached, semidetached or multistoried structures or any combinations thereof.
(b) Any nonresidential use to the extent such nonresidential use is designed and intended to serve the residents of the planned unit residential development.
2. An ordinance may establish regulations setting forth the timing of development among the various types of dwelling and may specify whether or not some or all nonresidential uses are to be built before, after or at the same time as the residential uses.
Sec. 13. 1. An ordinance enacted pursuant to the provisions of this chapter shall establish standards governing the density or intensity of land use in a planned unit residential development.
2. Such standards shall take into account the possibility that the density or intensity of land use otherwise allowable on the site under the provisions of a zoning ordinance previously enacted may not be appropriated for a planned unit residential development. The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit residential development in consideration of:
κ1973 Statutes of Nevada, Page 568 (CHAPTER 408, SB 126)κ
(a) The amount, location and proposed use of common open space.
(b) The location and physical characteristics of the site of the proposed planned residential development.
(c) The location, design and type of dwelling units.
3. In the case of a planned unit residential development which is proposed to be developed over a period of years, such standards may, to encourage the flexibility of housing density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit residential development in the case of each section to be developed. The ordinance may authorize the city or county to allow for a greater concentration of density or intensity of land use within some section or sections of development whether or not it be earlier or later in the development than with regard to the others. The ordinance may require that the approval by the city or county of a greater concentration of density or intensity of land use for any section to be developed by offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the city or county, but such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.
Sec. 14. The standards for a planned unit residential development established by an ordinance enacted pursuant to the provisions of this chapter shall require that any common open space resulting from the application of standards for density or intensity of land use be set aside for the use and benefit of the residents in such development and shall include provisions by which the amount and location of any common open space shall be determined and its improvement and maintenance for common open space use be secured, subject to the provisions of sections 15 to 17, inclusive, of this act.
Sec. 15. The ordinance may provide that the city or county may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the ordinance shall not require, as a condition of the approval of a planned unit residential development, that land proposed to be set aside for common open space be dedicated or made available to public use. The ordinance may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space, and that such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise, without first offering to dedicate such common open space to the city or county.
Sec. 16. 1. If the organization established to own and maintain common open space, or any successor organization, at any time after the establishment of a planned unit residential development, fails to maintain the common open space in a reasonable order and condition in accordance with the plan, the city or county may serve written notice upon such organization or upon the residents of the planned unit residential development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Such notice shall include a demand that such deficiencies of maintenance be cured within 30 days of the receipt of such notice and shall state the date and place of a hearing thereon, which shall be within 14 days of the receipt of such notice.
κ1973 Statutes of Nevada, Page 569 (CHAPTER 408, SB 126)κ
shall include a demand that such deficiencies of maintenance be cured within 30 days of the receipt of such notice and shall state the date and place of a hearing thereon, which shall be within 14 days of the receipt of such notice.
2. At such hearing the city or county may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within the 30-day period, or any extension thereof, the city or county, in order to preserve the taxable values of the properties within the planned unit residential development and to prevent the common open space from becoming a public nuisance, may enter upon such common open space and maintain it for a period of 1 year.
3. Such entry and maintenance shall not vest in the public any right to use the common open space except when such right is voluntarily dedicated to the public by the owners.
4. Before the expiration of the period of maintenance set forth in subsection 2, the city or county shall, upon its own initiative or upon the request of the organization previously responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned unit residential development, to be held by the city or county. At this hearing such organization or the residents of the planned unit residential development shall show cause why such maintenance by the city or county shall not, at the election of the city or county, continue for a succeeding year.
5. If the city or county determines that such organization is ready and able to maintain the common open space in a reasonable condition, the city or county shall cease its maintenance at the end of such year.
6. If the city or county determines such organization is not ready and able to maintain the common open space in a reasonable condition, the city or county may, in its discretion, continue the maintenance of the common open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter.
7. The decision of the city or county in any such case referred to in this section constitutes a final administrative decision subject to review in accordance with the provisions of law.
Sec. 17. 1. The cost of such maintenance undertaken by the city or county shall be assessed ratably against the properties within the planned unit residential development that have a right of enjoyment of the common open space, and shall become a tax lien on such properties.
2. The city or county, at the time of entering upon such common open space for the purpose of maintenance, shall file a notice of such lien in the appropriate recorders office upon the properties affected by such lien within the planned unit residential development.
Sec. 18. No ordinance enacted pursuant to the provisions of this chapter may authorized a planned unit residential development that contains less than 5 dwelling units.
Sec. 19. 1. The authority granted a city or county by law to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment, applies to such improvements within a planned unit residential development.
κ1973 Statutes of Nevada, Page 570 (CHAPTER 408, SB 126)κ
sidewalks, street lights, parks, playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment, applies to such improvements within a planned unit residential development.
2. The standards applicable to a planned unit residential development may be different from or modifications of the standards and requirements otherwise required of subdivisions which are authorized under an ordinance enacted pursuant to the provisions of law, if the planned unit residential development ordinance sets forth the limits and extent of any modifications or changes in such standards and requirements, in order that a landowner may know the limits and extent of permissible modifications from the standards otherwise applicable to subdivisions.
3. The limits of such modification or change established in an ordinance enacted pursuant to this chapter, as well as the degree of modification or change within such limits authorized in a particular case by the city or county, shall take into account the standards and requirements established in any ordinance otherwise enacted pursuant to law, which may not be appropriate or necessary for land development of a type or design contemplated by this chapter.
Sec. 20. 1. An ordinance enacted pursuant to this chapter shall set forth the standards and criteria by which the design, bulk and location of buildings shall be evaluated, and all standards and all criteria for any feature of a planned unit residential development shall be set forth in such ordinance with sufficient certainty to provide work criteria by which specific proposals for a planned unit residential development can be evaluated.
2. Standards in such ordinance shall not unreasonably restrict the ability of the landowner to relate the plan to the particular site and to the particular demand for housing existing at the time of development.
Sec. 21. 1. The enforcement and modification of the provisions of the plan as finally approved, whether or not these are recorded by plat, covenant, easement or otherwise, are subject to the provisions contained in sections 22 to 24, inclusive, of this act.
2. Such enforcement and modification shall be to further the mutual interest of the residents of the planned unit residential development and of the public in the preservation of the integrity of the plan as finally approved. The enforcement and modification provisions are drawn also to insure that modifications, if any, in the plan will not impair the reasonable reliance of the residents upon the provisions of the plan nor result in changes that would adversely affect the public interest.
Sec. 22. The provisions of the plan relating to:
1. The use of land and the use, bulk and location of buildings and structures;
2. The quantity and location of common open space; and
3. The intensity of use or the density of residential units,
shall run in favor of the city or county and shall be enforcible in law or in equity by the city or county, without limitation on any powers of regulation otherwise granted the city or county by law.
Sec. 23. 1. All provisions of the plan shall run in favor of the residents of the planned unit residential development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan and to that extent such provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents acting individually, jointly or through an organization designated in the plan to act on their behalf.
κ1973 Statutes of Nevada, Page 571 (CHAPTER 408, SB 126)κ
expressly provided in the plan and in accordance with the terms of the plan and to that extent such provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by the residents acting individually, jointly or through an organization designated in the plan to act on their behalf.
2. No provision of the plan exists in favor of residents on the planned unit residential development except as to those portions of the plan which have been finally approved and have been recorded.
Sec. 24. All those provisions of the plan authorized to be enforced by the city or county under section 22 of this act may be modified, removed or released by the city or county, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:
1. No such modification, removal or release of the provisions of the plan by the city or county may affect the rights of the residents of the planned unit residential development to maintain and enforce those provisions at law or in equity as provided in section 23 of this act.
2. No modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or county, following a public hearing called and held in accordance with the appropriate provisions of this chapter, that it is consistent with the efficient development and preservation of the entire planned unit residential development, does not adversely affect either the enjoyment of land abutting upon or across a street from the planned unit residential development or the public interest, and is not granted solely to confer a private benefit upon any person.
Sec. 25. Residents of the planned unit residential development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action may affect the right of the city or county to enforce the provisions of the plan in accordance with the provisions of section 24 of this act.
` Sec. 26. In order to provide an expeditious method for processing a plan for a planned unit residential development under the terms of an ordinance enacted pursuant to the powers granted under this chapter, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval by a multiplicity of local procedures of a plat or subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit residential development and its continuing administration shall be consistent with the provisions set out in sections 27 to 59, inclusive, of this act.
Sec. 27. An application for tentative approval of the plan for a planned unit residential development shall be filed by or on behalf of the landowner.
Sec. 28. The application for tentative approval shall be filed by the landowner in such form, upon the payment of the fee and with such official of the city or county as shall be designated in the ordinance enacted pursuant to this chapter.
κ1973 Statutes of Nevada, Page 572 (CHAPTER 408, SB 126)κ
Sec. 29. All planning, zoning and subdivision matters relating to the platting, use and development of the planned unit residential development and subsequent modifications of the regulations relating thereto to the extent such modification is vested in the city or county, shall be determined and established by the city or county.
Sec. 30. The ordinance shall require only such information in the application as is reasonably necessary to disclose to the city or county:
1. The location and size of the site and the nature of the landowners interest in the land proposed to be developed.
2. The density of land use to be allocated to parts of the site to be developed.
3. The location and size of any common open space and the form of organization proposed to own and maintain any common open space.
4. The use and the approximate height, bulk and location of buildings and other structures.
5. The feasibility of proposals for disposition of sanitary waste and storm water.
6. Substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
7. The provisions for parking of vehicles and the location and width of proposed streets and public ways.
8. The required modifications in the municipal land use regulations otherwise applicable to the subject property.
9. In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit residential development are intended to be filed.
Sec. 31. The application for tentative approval of a planned unit residential development shall include a written statement by the landowner setting forth the reasons why a planned unit residential development would be in the public interest and would be consistent with the municipal statement of objectives on planned unit residential development.
Sec. 32. 1. After the filing of an application pursuant to sections 27 to 31, inclusive, of this act, a public hearing on the application shall be held by the city or county, public notice of which shall be given in the manner prescribed by law for hearings on amendments to a zoning ordinance.
2. The city or county may continue the hearing from time to time and may refer the matter to the planning staff for a further report, a copy of which shall be filed as a public record without delay. In any event, however, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing unless the landowner consents in writing to an extension of the time within which the hearings shall be concluded.
Sec. 33. 1. The city or county shall, following the conclusion of the public hearing provided for in section 32 of this act, by minute action:
(a) Grant tentative approval of the plan as submitted;
(b) Grant tentative approval subject to specified conditions not included in the plan as submitted; or
(c) Deny tentative approval to the plan.
κ1973 Statutes of Nevada, Page 573 (CHAPTER 408, SB 126)κ
If tentative approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the city or county shall, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.
2. If tentative approval is granted subject to conditions, the landowner shall within 10 days after receiving a copy of the written resolution of the city or county notify the city or county of his acceptance of or his refusal to accept all of the conditions.
3. If the landowner refuses to accept all the conditions, tentative approval of the plan is automatically rescinded.
4. In the event the landowner does not, within such period, notify the city or county of his acceptance of or his refusal to accept all the conditions, tentative approval of the plan, with all of the conditions, will stand as granted.
5. This section does not prevent the city or county and the landowner from mutually agreeing to a change in such conditions, and the city or county may, at the request of the landowner, extend the time during which the landowner is required to notify the city or county of his acceptance or refusal to accept the conditions.
Sec. 34. The grant or denial of tentative approval by minute action shall set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes shall set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions of law on the following:
1. In what respects the plan is or is not consistent with the statement of objectives of a planned unit residential development.
2. The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
3. The purpose, location and amount of the common open space in the planned unit residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
4. The physical design of the plan and the manner in which such design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
5. The relationship, beneficial or adverse, of the proposed planned unit residential development to the neighborhood in which it is proposed to be established.
6. In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the planned unit residential development in the integrity of the plan.
Sec. 35. If a plan is granted tentative approval, with or without conditions, the city or county shall set forth, in the minute action, the time within which an application for final approval of the plan shall be filed or, in the case of a plan which provides for development over a period of years, the periods of time within which application for final approval of each part thereof shall be filed.
κ1973 Statutes of Nevada, Page 574 (CHAPTER 408, SB 126)κ
filed or, in the case of a plan which provides for development over a period of years, the periods of time within which application for final approval of each part thereof shall be filed.
Sec. 36. 1. A copy of the minutes shall be mailed to the landowner. Where tentative approval has been granted, the notation of this fact shall be placed on the zoning map.
2. Tentative approval of a plan shall not qualify a plat of the planned unit residential development for recording nor authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner, shall not be modified, revoked or otherwise impaired by action of the city or county pending an application for final approval, without the consent of the landowner. Such impairment by action of the city or county is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.
3. The tentative approval shall be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto as they may be amended from time to time, if:
(a) The landowner elects to abandon the plan or any part thereof, and so notifies the city or county in writing; or
(b) The landowner fails to file application for the final approval within the required time.
Notation of the action taken shall be made on the zoning map.
Sec. 37. 1. An application for final approval may be for all the land included in a plan or to the extent set forth in the tentative approval for a section thereof. Such application shall be made to the city or county within the time specified by the minutes granting tentative approval.
2. The application shall include such drawings, specifications, covenants, easements, conditions and form of performance bond as were set forth in the minutes at the time of the tentative approval.
3. A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval.
Sec. 38. The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:
1. Vary the proposed gross residential density or intensity of use;
2. Involve a reduction of the area set aside for common open space nor the substantial relocation of such area;
3. Increases the floor area proposed for nonresidential use; or
4. Increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.
A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.
Sec. 39. 1. A public hearing shall not be held on an application for final approval of a plan when such plan, as submitted for final approval, is in substantial compliance with the plan as tentatively approved.
κ1973 Statutes of Nevada, Page 575 (CHAPTER 408, SB 126)κ
final approval of a plan when such plan, as submitted for final approval, is in substantial compliance with the plan as tentatively approved. The burden is upon the landowner to show the city or county good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval.
2. If a public hearing is not required for final approval and application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, as required by the minutes of tentative approval, the city or county shall grant such plan final approval. If the plan as submitted contains variations from the plan given tentative approval, but remains in substantial compliance with the plan as submitted for tentative approval, the city or county may, after a meeting with the landowner, refuse to grant final approval and shall, within 30 days from the filing of the application for final approval, so advise the landowner by written notice, setting forth the reasons for the refusal, relating them to one or another of what it considers to be departures from the public interest.
3. If the city or county refuses to grant final approval, the landowner may:
(a) File his application for final approval without the variations objected to by the city or county, on or before the last day of the time within which he was authorized by the minutes granting tentative approval to file for final approval, or within 30 days from the date he received notice of such refusal, whichever date is later; or
(b) Treat the refusal as a denial of final approval and so notify the city or county.
Sec. 40. 1. If the plan, as submitted for final approval, is not in substantial compliance with the plan as given tentative approval, the city or county shall, within 30 days of the date of the filing of the application for final approval, notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance.
2. The landowner may:
(a) Treat such notification as a denial of final approval;
(b) Refile his plan in a form which is in substantial compliance with the plan as tentatively approved; or
(c) File a written request with the city or county that it hold a public hearing on his application for final approval.
If the landowner elects the alternatives set out in paragraphs (b) or (c) above, he may refile his plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which he was authorized by the minutes granting tentative approval to file for final approval, or 30 days from the date he receives notice of such refusal, whichever is the later.
3. Any such public hearing shall be held within 30 days after request for the hearing is made by the landowner, and notice thereof shall be given and hearings shall be conducted in the manner prescribed in section 32 of this act.
4. Within 20 days after the conclusion of the hearing, the city or county shall, by minute action, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this section, contain the matters required with respect to an application for tentative approval by section 34 of this act.
κ1973 Statutes of Nevada, Page 576 (CHAPTER 408, SB 126)κ
required with respect to an application for tentative approval by section 34 of this act.
Sec. 41. If the city or county fails to act either by grant or denial of final approval of the plan within the time prescribed, the landowner may, after 30 days written notice to the city or county, file a complaint in the district court in and for the appropriate county.
Sec. 42. 1. A plan, or any part thereof, which has been given final approval by the city or county, shall be certified without delay by the city or county and shall be filed of record in the office of the appropriate county recorder before any development shall take place in accordance therewith.
2. Upon the filing of record of the plan, the zoning and subdivision regulations otherwise applicable to the land included in the plan shall cease to be of any further force and effect.
3. Pending completion of such planned unit residential development, or of that part thereof that has been finally approved, no modification of the provisions of such plan, or any part thereof as finally approved, shall be made, nor shall it be impaired by any act of the city or county except with the consent of the landowner.
Sec. 43. No further development shall take place on the property included in the plan until after the property is resubdivided and is reclassified by an enactment of an amendment to the zoning ordinance if:
1. The plan, or a section thereof, is given approval and, thereafter, the landowner abandons such plan or the section thereof as finally approved and gives written notification thereof to the city or county; or
2. The landowner fails to commence and carry out the planned unit residential development within a reasonable period of time after the final approval has been granted.
Sec. 44. Any decision of the city or county under this chapter granting or denying tentative or final approval of the plan or authorizing or refusing to authorize a modification in a plan is a final administrative decision and is subject to judicial review in properly presented cases.
Sec. 45. 1. An ordinance enacted pursuant to this chapter may contain the minimum design standards set forth in sections 46 to 59, inclusive, of this act.
2. Where reference is made in any of these standards to a department which does not exist in the city or county concerned, the ordinance may provide for the discharge of the duty or exercise of the power by another agency of the city or county or by the governing body.
Sec. 46. A planned unit development may consist of attached or detached single family units, townhouses, cluster units, condominiums, garden apartments or any combination thereof.
Sec. 47. The minimum site area is 5 acres, except that the governing body may waive this minimum when proper planning justification is shown.
Sec. 48. Within the buildings, whenever common walls are proposed they shall be 2-hour fire resistant.
Sec. 49. Drainage on the internal private and public streets shall be as required by the public works department. All common driveways shall drain to either storm sewers or a street section.
κ1973 Statutes of Nevada, Page 577 (CHAPTER 408, SB 126)κ
Sec. 50. Fire hydrants shall be provided and installed as required by the fire department.
Sec. 51. Where access is not provided by means of a private street, an easement at least 12 feet in width free of all vehicular impediments shall be provided for fire lanes as required by the fire department. Fire lanes may be grass areas.
Sec. 52. Exterior lighting within the development shall be provided as follows:
1. On private common drives, safety lights are required and shall be placed no more than 40 feet apart on center with fixtures similar to Kendall # 3663, vandal proof and tamper proof 100 watt, Lightmate wall bracket with Herculex diffuser or equal.
2. On private vehicular access streets, each light shall be a minimum of 175 watt mercury vapor, depending upon street design, and may be Westinghouse Pinto type 2 design or equal. Polycarbonate lenses shall be used in place of glass. All designs, including spacing of luminaires shall be approved by the public works department.
3. The lighting on all public streets shall conform to the standards approved by the governing body for regular use elsewhere in the city or county.
Sec. 53. Whenever any property or facility such as parking lots, storage areas, swimming pools or other areas, is owned jointly, a proper maintenance and use agreement shall be recorded as a covenant with the property.
Sec. 54. A minimum of three parking spaces shall be provided for each dwelling unit, except that required parking may be reduced by the governing body upon showing of proper justification. Parking on interior and contiguous boundary public streets may be included as a portion of the required parking.
Sec. 55. 1. Setback of buildings and other sight restrictions at the intersection of public or private streets shall have the approval of the traffic department. A setback of 20 feet from a public or private street shall be provided.
2. No building may be located closer than 10 feet to any exterior boundary street.
Sec. 56. Sanitary sewers shall be installed and maintained as required by the public works department. Sanitary sewers to be maintained by the governing body and not located in public streets shall be located in easements and shall be constructed in accordance with the requirements of the public works department.
Sec. 57. 1. The streets within the development may be private or public.
2. A private street which serves as access to parking areas and is connected to a vehicular access street or a public street is a common drive. A cross section is required showing the common drive to be 30 feet wide from back of curb to back of curb with roll-type or L type curb and gutter and alley-type openings. The alley-type openings are required where common drives intersect a vehicular access street or a public street. No sidewalks are required and no easements are required unless utilities are to be dedicated to the governing body. A common drive may be reduced to 26 feet in width when it provides parking access on one side only and a 4 foot clearance is provided between the curb and any structures on the opposite side.
κ1973 Statutes of Nevada, Page 578 (CHAPTER 408, SB 126)κ
reduced to 26 feet in width when it provides parking access on one side only and a 4 foot clearance is provided between the curb and any structures on the opposite side. A common drive shall not be accepted by the governing body for maintenance and the governing body shall not assume responsibility for servicing it unless it meets or is reconstructed to conform to the standards set by the governing body.
3. A private street connecting to a public street and usually connecting more than one common drive is a vehicular access street. A vehicular access street shall be a minimum of 40 feet from back of curb to back of curb and constructed with an L type curb and gutter. No sidewalks are required, but a 3 foot easement shall be provided on both sides behind the curb. All driveways and other accesses shall conform to curb cut standards. A turnaround whose minimum radius is 20 feet shall be provided at the terminus of a vehicular access street. A vehicular access street may be accepted for dedication and maintenance if it is constructed to the specified requirements.
4. Sidewalks are not required on the private streets but are required in the common areas.
5. No private street may directly connect two public streets unless the density and street design are such that the traffic will not overload the street.
6. All private streets shall be constructed as required by the public works department. The construction of all streets shall be inspected by the public works department.
7. All public streets shall conform to the design standards approved by the governing body.
Sec. 58. All private streets shall be named and numbered as required by the governing body. A sign comparable to street name signs bearing the words private street shall be mounted directly below the street name sign.
Sec. 59. 1. Whenever more than one dwelling unit is contained within a building and ownership of the separate dwelling units will be in fee simple or in any ownership other than joint ownership, separate services such as water, power, and sanitary sewer shall be provided to each dwelling unit.
2. Whenever possible, underground utilities shall be required in connection with planned unit developments. The governing body shall decide in each instance.
3. The electric service box, when located in the front of a building, must be recessed flush with the wall with the meter enclosed by means of an accessible box.
________
κ1973 Statutes of Nevada, Page 579κ
Senate Bill No. 343Committee on Judiciary
CHAPTER 409
AN ACT relating to controlled substances; increasing the jurisdiction of the state board of pharmacy over controlled substances; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Prescription means an order given individually for the person for whom prescribed, directly from the prescriber to a pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification and his federal registration number, the name and address of the patient, the name and quantity of the drug or drugs prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected. Prescription includes a chart order as defined in NRS 639.004.
Sec. 3. Upon the conviction of any person required to be registered under the provisions of this chapter of violation of any federal or state law relating to any controlled substance, the prosecuting attorney shall cause copies of the judgment of conviction to be sent to the board and to any other licensing agency by whom the convicted person has been licensed to registered under the laws of the State of Nevada to engage in the practice of his business or profession.
Sec. 4. A record of each refill of any prescription for a controlled substance listed in schedule III, IV or V, or any authorization to refill such a prescription, shall be kept on the back of the original prescription. Such record shall show the date of each refill or authorization and the name or initials of the pharmacist who refilled such prescription or obtained the authorization to refill.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 453.021 is hereby amended to read as follows:
453.021 Administer means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
1. A practitioner or, in his presence, by his authorized agent; [or]
2. A licensed nurse, at the direction of a physician; or
3. The patient or research subject at the direction and in the presence of the practitioner.
Sec. 7. NRS 453.056 is hereby amended to read as follows:
453.056 [Dispense means to deliver a controlled substance] A controlled substance or drug is dispensed if it is delivered to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, [including] or is furnished to an ultimate user personally by a physician, dentist or podiatrist in any amount greater than that which is necessary for the present and immediate needs of the user.
κ1973 Statutes of Nevada, Page 580 (CHAPTER 409, SB 343)κ
physician, dentist or podiatrist in any amount greater than that which is necessary for the present and immediate needs of the user. Dispensing includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
Sec. 8. NRS 453.146 is hereby amended to read as follows:
453.146 1. The board shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in NRS 453.161, 453.171, 453.181, 453.191, and 453.201, pursuant to the procedures of chapter 233B of NRS.
2. In making a determination regarding a substance, the board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its pharmacological effect, if known;
(c) The state of current scientific knowledge regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce psychic or physiological dependence liability; and
(h) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
3. After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.
4. If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
5. If any substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under this chapter after the expiration of [30] 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that [30-day] 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the board, control under this chapter is stayed until the board publishes its decision.
6. Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
7. The board shall not include any nonnarcotic substance on any such schedule if such substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 453.236 is hereby amended to read as follows:
453.236 1. A registration under NRS 453.231 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:
κ1973 Statutes of Nevada, Page 581 (CHAPTER 409, SB 343)κ
(a) Furnished false or fraudulent material information in any application filed under this chapter;
(b) Been convicted of a [felony under] violation of any state or federal law relating to any controlled substance; [or]
(c) Had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances [.] ; or
(d) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels.
2. The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exists.
3. If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation orders becoming final, all controlled substances may be forfeited to the state.
4. The board shall promptly notify the bureau and division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.
5. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person who has had an application for registration denied or has had his registration revoked or whose registration is under suspension.
Sec. 11. NRS 453.256 is hereby amended to read as follows:
453.256 1. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written prescription of a practitioner.
2. In emergency situations, as defined by rule of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner. [, reduced promptly to writing and filed by the pharmacy.] Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacy. Prescriptions shall be retained in conformity with the requirements of NRS 453.246. No prescription for a schedule II substance may be refilled.
3. Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedules III or IV shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.
4. A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.
Sec. 12. NRS 453.261 is hereby amended to read as follows:
453.261 1. The division or the board may make administrative inspections of controlled premises in accordance with the following provisions:
κ1973 Statutes of Nevada, Page 582 (CHAPTER 409, SB 343)κ
inspections of controlled premises in accordance with the following provisions:
(a) When authorized by an administrative inspection warrant issued pursuant to NRS 453.266 to an officer, employee or peace officer as defined in NRS 169.125, designated by the division [,] or the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(b) When authorized by an administrative inspection warrant, an officer, employee or peace officer as defined in NRS 169.125, designated by the division or the board, may:
(1) Inspect and copy records required by this chapter to be kept;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of this chapter; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
2. This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator or agent in charge of the controlled premises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionally required.
3. An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.
4. For purposes of this section, controlled premises means:
(a) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
(b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.
Sec. 13. NRS 453.291 is hereby amended to read as follows:
453.291 1. The board [and] or division [shall] may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the board [and] or division may:
κ1973 Statutes of Nevada, Page 583 (CHAPTER 409, SB 343)κ
(a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(d) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and
(f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
2. The board and the division shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this chapter, it may:
(a) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(b) Make studies and undertake programs of research to:
(1) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter;
(2) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(3) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and
(c) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.
3. The board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subject of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.
4. The board may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. The board shall promptly notify the division of any such authorization.
Sec. 14. NRS 453.351 is hereby amended to read as follows:
453.351 1. Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
κ1973 Statutes of Nevada, Page 584 (CHAPTER 409, SB 343)κ
2. Any violation of the provisions of NRS 453.011 to 453.551, inclusive, where no other penalty is specifically provided, is a misdemeanor.
Sec. 15. NRS 453.371 is hereby amended to read as follows:
453.371 As used in NRS 453.371 to 453.531, inclusive:
1. Pharmacy means every store or shop licensed under the provisions of chapter 639 of NRS where prescriptions are compounded and dispensed and dangerous drugs, [narcotics,] controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed, sold or displayed at retail.
2. Physician, dentist, podiatrist, veterinarian and pharmacist mean persons authorized by a currently valid and unrevoked license to practice their respective professions in this state. The word physician includes osteopathic physicians and surgeons.
[3. Prescription means an order given individually for the person for whom prescribed, directly from the prescriber to the pharmacist or indirectly by means of an order signed by the prescriber, and shall contain the name and address of the prescriber, his license classification, the name and address of the patient, the name and quantity of the controlled substance prescribed, directions for use and the date of issue. Directions for use shall be specific in that they shall indicate the portion of the body to which the medication is to be applied or, if it is taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.]
________
Senate Bill No. 396Committee on Transportation
CHAPTER 410
AN ACT relating to taxation; providing for an increase in the state taxes on gasoline and special fuels to the extent of any federal tax reduction; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 365 of NRS is hereby amendd by adding thereto a new section which shall read as follows:
1. In addition to any other tax provided for in this chapter, there shall be levied an excise tax on gasoline.
2. This tax shall be imposed and shall increase up to a total of 4 cents per gallon, if the tax collected by the Federal Government pursuant to the provisions of 26 U.S.C. § 4081, is diminished or discontinued in whole or in part. The amount of the tax so imposed by this state shall be equal to the amount by which the federal tax is reduced.
3. This tax shall be accounted for by each dealer and shall be collected in the manner provided in this chapter. The tax shall be paid to the tax commission and delivered by the tax commission to the state treasurer.
κ1973 Statutes of Nevada, Page 585 (CHAPTER 410, SB 396)κ
Sec. 2. Chapter 366 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to any other tax provided for in this chapter, there shall be levied an excise tax on special fuel.
2. This tax shall be imposed and shall increase up to a total of 4 cents per gallon, if the tax collected by the Federal Government, pursuant to the provisions of 26 U.S.C. § 4041, is diminished or discontinued in whole or in part. The amount of the tax so imposed by this state shall be equal to the amount by which the federal tax is reduced.
Sec. 3. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected as prescribed by NRS 365.170 [,] and section 1 of this act, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, shall be placed to the credit of the state highway fund by the state treasurer.
2. The money collected as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, shall be allocated by the tax commission to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 shall be allocated by the tax commission as prescribed by NRS 365.550 and 365.560.
________
Senate Bill No. 368Committee on Commerce and Labor
CHAPTER 411
AN ACT relating to industrial insurance; authorizing the Nevada industrial commission to order cessation of business by an employer subject to the Nevada Industrial Insurance Act who fails to provide industrial insurance for his employees; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to any other remedy provided for by law, if any employer within the provisions of NRS 616.285 fails to provide and secure compensation, or fails to maintain such compensation, under the terms of this chapter, the commission may, in order to protect the employees of such employer from the effect of not having industrial insurance coverage and upon compliance with the requirements of subsection 2, order the immediate cessation of all business operations at the place of employment or jobsite until such time as the employer performs all acts and duties enjoined upon him by this chapter as determined necessary by the commission in order to provide, secure and maintain compensation under this chapter.
2. The order shall:
(a) Include a reference to the particular sections of the statutes or regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation.
κ1973 Statutes of Nevada, Page 586 (CHAPTER 411, SB 368)κ
regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation.
(b) Provide an opportunity for hearing to the employer on a date fixed in the order which shall not be less than 5 nor more than 15 days after the date of the order, unless upon demand of the employer the date is advanced to the next business day after the demand is made to the commission.
An order for summary suspension issued pursuant to this subsection shall be indorsed with the date and hour of issuance and entered of record in the office of the commission.
3. Immediately upon receiving an order to cease business operations under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat.
4. Upon request by the commission, any law enforcement agency in this state shall render any assistance necessary to carry out the requirement of subsection 3, including but not limited to preventing any employee or other person from remaining at the place of employment or jobsite.
________
Assembly Bill No. 35Committee on Transportation
CHAPTER 412
AN ACT relating to drivers licenses; limiting the period of time to 7 years, during which a person may have his drivers license revoked for subsequent convictions of driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.460 is hereby amended to read as follows:
483.460 Unless otherwise provided by law, the department shall forthwith revoke, for a period of 1 year, the license of any driver upon receiving a record of such drivers conviction of any of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the 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 controlled substance as defined in chapter 453 of NRS, 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 484.379.
3.] Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
[4.] 3. 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.
κ1973 Statutes of Nevada, Page 587 (CHAPTER 412, AB 35)κ
of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
[5.] 4. 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 ownership or driving of motor vehicles.
[6.] 5. Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
Sec. 2. NRS 484.379 is hereby amended to read as follows:
484.379 1. It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within this state.
2. It is unlawful for any person who is an habitual user of or under the influence of any controlled substance as defined in chapter 453 of NRS, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle to drive or steer a vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.
3. Any person who violates the provisions of this section is guilty of a misdemeanor and such persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.
4. Upon a subsequent conviction within 3 years for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 6 months or by both such fine and imprisonment. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
5. Upon a subsequent conviction, after three years, but within 7 years, for an offense under the provisions of this section, the person so convicted shall have his license revoked by the department for a period of 1 year.
6. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
________
κ1973 Statutes of Nevada, Page 588κ
Senate Bill No. 412Committee on Finance
CHAPTER 413
AN ACT relating to interest on deposits of state funds; providing that a pro rata share of such interest be credited to the state highway fund; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 356.087 is hereby amended to read as follows:
356.087 [All] 1. Except as provided in subsection 2, all interest paid on money belonging to the State of Nevada shall be deposited in the general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits of state moneys pursuant to the provisions of this chapter which were attributable during such quarter to the state highway fund created by NRS 408.235;
(b) Apply such proportion to the total amount of interest paid during such quarter to the state treasurer on deposits of state moneys; and
(c) Credit to the state highway fund an amount equal to the amount arrived at by the computation in paragraph (b).
________
Senate Bill No. 173Committee on Federal, State and Local Governments
CHAPTER 414
AN ACT relating to the state personnel system; providing procedures for hearings on dismissals, demotions, suspensions and transfers; providing for a hearing officer in the personnel division of the department of administration; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The chairman of the commission shall appoint a hearing officer to conduct hearings and render decisions as provided in NRS 284.390 and section 3 of this act.
Sec. 3. 1. Within 30 days after receipt of notice of a transfer pursuant to the provisions of NRS 284.375, a permanent classified employee who has been transferred without his consent may, in writing, request a hearing before the hearing officer of the personnel division to determine whether the transfer was made for the purpose of harassing such employee.
2. The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing or review calendar of the hearing officer, in which case the hearing shall be scheduled for the earliest possible date after the expiration of the 20 days.
κ1973 Statutes of Nevada, Page 589 (CHAPTER 414, SB 173)κ
working days after receipt of the employees written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing or review calendar of the hearing officer, in which case the hearing shall be scheduled for the earliest possible date after the expiration of the 20 days. The technical rules of evidence do not apply at such hearing.
3. After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.
4. If the hearing officer determines that the transfer was made for the purpose of harassing the employee, the transfer shall be set aside and the employee shall be returned to his former position. If such transfer caused the employee to be away from his original headquarters, the employee shall be paid expense allowances as provided in NRS 281.160 for the period of time the transfer was in effect.
5. The decision of the hearing officer is binding on the parties, but is subject to review and rehearing by the commission.
Sec. 4. 1. Within 30 days after receipt of notice of the decision of the hearing officer rendered pursuant to section 3 of this act, the employee or the appointing authority may, in writing, request that the commission review such decision for the purpose of determining whether to grant a hearing before the commission.
2. Within 30 days after receipt of a request for review pursuant to subsection 1, the commission shall review the decision of the hearing officer and shall either grant or deny a hearing before the commission.
3. If a hearing before the commission is granted, it shall be held within 60 days after receipt of the request for review and it shall be a hearing de novo. The technical rules of evidence do not apply at such hearing.
4. After the hearing and consideration of the evidence, the commission shall render its decision in writing, setting forth the reasons therefor. The decision of the commission supersedes the decision of the hearing officer and is binding on the parties. The decision constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.
5. If a hearing before the commission is denied, or if the commission receives no request for review within the specified time, the decision of the hearing officer constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.
Sec. 5. NRS 284.390 is hereby amended to read as follows:
284.390 1. Within 30 days after receipt of a copy of the statement provided for in subsection 2 of NRS 284.385, an employee who has been dismissed, demoted or suspended may, in writing , request a hearing before the [commission] hearing officer of the personnel division to determine the reasonableness of such action. If an employee utilizes an internal grievance adjustment procedure adopted by the commission, such employee shall have 30 days following the final disposition of the internal proceeding to request, in writing, a hearing before the [commission.] hearing officer.
κ1973 Statutes of Nevada, Page 590 (CHAPTER 414, SB 173)κ
2. The [commission] hearing officer shall grant the employee a hearing within [45] 20 working days after receipt of the employees written request [.] unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing or review calendar of the hearing officer, in which case the hearing shall be scheduled for the earliest possible date after the expiration of the 20 days.
3. At the hearing of such appeal, technical rules of evidence [shall] do not apply.
4. After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.
5. If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, such action shall be set aside and the employee shall be reinstated, with full pay for the period of dismissal, demotion or suspension.
6. The decision of the hearing officer is binding on the parties, but is subject to review and rehearing by the commission.
7. Within 30 days after receipt of notice of the decision of the hearing officer rendered pursuant to this section, the employee or the appointing authority may, in writing, request that the commission review such decision for the purpose of determining whether to grant a hearing before the commission.
8. Within 30 days after receipt of a request for review pursuant to subsection 7, the commission shall review the decision of the hearing officer and shall either grant or deny a hearing before the commission.
9. If a hearing before the commission is granted, it shall be held within 60 days after receipt of the request for review and it shall be a hearing de novo. The technical rules of evidence do not apply at such hearing.
10. After the hearing and consideration of the evidence, the commission shall render its decision in writing, setting forth the reasons therefor. The decision of the commission supersedes the decision of the hearing officer and is binding on the parties. The decision constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.
11. If a hearing before the commission is denied, or if the commission receives no request for review within the specified time, the decision of the hearing officer constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.
Sec. 6. NRS 284.391 is hereby amended to read as follows:
284.391 1. The hearing officer or the commission or any member thereof may, upon application of any party to a hearing [on an appeal from a dismissal, demotion or suspension of an employee,] held pursuant to NRS 284.390 or sections 3 or 4 of this act, issue subpenas requiring the attendance and testimony of witnesses at such proceeding.
2. [Any] The hearing officer or any member of the commission, or any agent or agency designated by the commission for such purposes, may administer oaths and affirmations and examine witnesses.
Sec. 7. NRS 284.392 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 591 (CHAPTER 414, SB 173)κ
284.392 The subpena issued pursuant to NRS 284.391 shall extend to all parts of the state and shall be served in accordance with the provisions of N.R.C.P. 4(c). No witness shall be required to attend at a place out of the county in which he resides unless the distance is less than 100 miles from his place of residence, except, upon affidavit of any party showing that the testimony of such witness is material and necessary, the hearing officer or the commission may endorse on the subpena an order requiring the attendance of such witness in response to such subpena.
Sec. 8. NRS 284.393 is hereby amended to read as follows:
284.393 All witnesses appearing pursuant to subpena, other than parties or officers or employees of the state or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees for subsistence and transportation expenses shall be paid by the party at whose request the witness is subpenaed. The hearing officer or the commission may award as costs the amount of all such expenses to the prevailing party.
Sec. 9. NRS 284.395 is hereby repealed.
Sec. 10. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
Senate Bill No. 162Senators Close, Foley, Neal, Bryan, Swobe, Young, Brown, Blakemore, Gibson, Dodge, Walker, Wilson and Echols
CHAPTER 415
AN ACT relating to elections; limiting campaign expenses of candidates for state senator and assemblyman; requiring filing of the amounts spent; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. In any primary or general election, the campaign expenses:
(a) Of any candidate for the office of state senator shall not exceed the greater of:
(1) $15,000; or
(2) Fifty cents for each vote cast for the candidate for state senator who received the greatest number of votes cast in the last preceding general election for that office in the same district.
κ1973 Statutes of Nevada, Page 592 (CHAPTER 415, SB 162)κ
(b) Of any candidate for the office of state assemblyman shall not exceed the greater of:
(1) $15,000; or
(2) Fifty cents for each vote cast for the candidate for state assemblyman who received the greatest number of votes cast in the last preceding general election for that office in the same district.
2. As used in this section, campaign expenses means all expenditures for advertising on television, radio, billboards, posters and in newspapers, and all other expenses intended to further directly the campaign for election of the candidate, and includes all funds expended with the knowledge of the candidate for such purposes during the periods:
(a) Up to the primary election; and
(b) After the primary election and up to the general election.
3. Any candidate who willfully exceeds the limitations upon campaign expenses prescribed in this section is guilty of a gross misdemeanor.
Sec. 3. 1. Every candidate for the office of state senator or assemblyman shall within:
(a) Fifteen days after a primary election; and
(b) Thirty days after a general election,
file with the secretary of state an affidavit listing all campaign expenses as defined in section 2 of this act.
2. Every candidate who willfully fails to file such affidavit, or who willfully falsifies such affidavit, is guilty of a misdemeanor.
Sec. 4. The secretary of state shall prepare a form for use by candidates described in section 2 of this act to list campaign expenses as defined in section 2 of this act. Such form and a copy of sections 2 and 3 of this act shall be presented by the appropriate county official to the candidate at the time he files his candidacy for office...............................
Sec. 5. 1. No newspaper, radio broadcasting station, outdoor advertising company or television broadcasting station shall accept, publish or broadcast any advertisement during a political campaign for any candidate for office unless the advertisement has been authorized in writing by the candidate or his authorized representative. Any newspaper, radio broadcasting station, outdoor advertising company or television broadcasting station which violates this section is guilty of a misdemeanor for each advertisement published or broadcast in violation of this section.
2. Every newspaper, radio broadcasting station, outdoor advertising company or television broadcasting station which accepts, publishes or broadcasts advertising material from any candidate shall within:
(a) Fifteen days after a primary election; and
(b) Thirty days after a general election,
file with the secretary of state a statement setting forth the cost of all advertisements accepted and published or broadcast for each of the candidates who has, either personally or through his duly authorized representative, authorized the publication or broadcasting of material. Failure to file such affidavit or willfully filing a false affidavit is a misdemeanor.
3. For purposes of this section, authorized representative means a person who has been authorized in writing to represent a political candidate. The authorization to represent the candidate shall continue until the newspaper, radio broadcasting station, outdoor advertising company or television broadcasting station is given notice of the revocation in writing.
κ1973 Statutes of Nevada, Page 593 (CHAPTER 415, SB 162)κ
the newspaper, radio broadcasting station, outdoor advertising company or television broadcasting station is given notice of the revocation in writing.
________
Assembly Bill No. 545Miss Foote (by request)
CHAPTER 416
AN ACT relating to political parties; changing the reference date which is used for determining representation in county conventions; clarifying the permissible time when precinct meetings may be convened; enacting provisions with respect to the times of county and state conventions; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of registered voters of that party residing in such precinct at the time of the last general election as follows:
Counties with fewer than 400 registered voters. In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct shall have one delegate for each five such registered voters.
Counties with 400-600 registered voters. In counties in which such total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct shall have one delegate for each eight such registered voters.
Counties with 600-800 registered voters. In counties in which such total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct shall have one delegate for each 10 such registered voters.
Counties with 800-1,400 registered voters. In counties in which such total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct shall have one delegate for each 15 such registered voters.
Counties with 1,400-2,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct shall have one delegate for each 20 such registered voters or major fraction of such number.
Counties with 2,000-3,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct shall have one delegate for each 30 such registered voters or major fraction of such number.
Counties with 3,000-4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct shall have one delegate for each 35 such registered voters or major fraction of such number.
κ1973 Statutes of Nevada, Page 594 (CHAPTER 416, AB 545)κ
such total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct shall have one delegate for each 35 such registered voters or major fraction of such number.
Counties with more than 4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 4,000, each precinct shall have one delegate for each 50 such registered voters or major fraction of such number.
2. The county clerk shall determine the number of registered voters of each party residing in each precinct [as of the 1st Monday in January of each year in which a convention is held,] at the time of the last general election, and shall notify the county central committee of each political party of such numbers [within 30 days after such determinative date.] no later than the 1st Monday in January of each year in which a convention is held.
3. In all counties every precinct shall be entitled to at least one delegate to each county convention.
Sec. 2. NRS 293.135 is hereby amended to read as follows:
293.135 1. The county central committee of each political party in each county shall cause a precinct meeting of the registered voters of the party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held on or before the fifth day preceding the dates set by the respective state central committees [in each year in which a general election is held, or if no earlier date is set then on or before] , but not later than the fifth day before the 2nd Tuesday in April [.] in each year in which a general election is held.
2. The meeting may be held:
(a) In any building, public or private, within the precinct; or
(b) If no suitable public or private building is available within the precinct, then in any public building within the ward or voting district, if any, in which such precinct is located.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building where the meeting is to be held at least 5 days prior to the date of such meeting:
(b) Publication at least 5 days prior to the date of such meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published. The notice shall be printed in conspicuous display advertising format of not less than 10 column inches, and shall include the following language, or words to like effect:
Notice to All Voters Registered
in the (State Name of Political Party)
Nevada state law requires each political party, in every year during which a general election is held, to cause a precinct meeting to be held in each precinct. All persons registered in that party and residing in that precinct are entitled to attend the precinct meeting. Delegates to your partys county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meetings.
κ1973 Statutes of Nevada, Page 595 (CHAPTER 416, AB 545)κ
(c) Such further means as conditions existing in the precinct may reasonably require.
4. The notice shall specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
Sec. 3. NRS 293.140 is hereby amended to read as follows:
293.140 1. At a time and date set by the respective state central committees [in each year in which a general election is held, or] , but if no earlier date be fixed then on the 2nd Tuesday in April [,] in each year in which a general election is to be held, the delegates so elected to each party county convention shall convene at the county seat, or at such other place in the county as the county central committee shall designate, and there organize, elect the delegates to which the registered voters of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term. They may also adopt a county platform and take such other action, consistent with the provisions of this chapter, pertaining to the affairs of their party in such county, as they may deem proper.
2. The manner of organizing such conventions shall be as follows:
(a) The county central committee shall, prior to the date of the convention, designate a preliminary credentials committee to examine the credentials of all persons claiming to be delegates. All such persons concerning whose credentials there is no dispute shall be seated as delegates.
(b) The persons so seated shall elect a temporary chairman, who shall appoint a temporary secretary and a credentials committee to examine and report on all cases of disputed credentials.
(c) When all such disputes have been determined, the convention shall complete its organization and adopt its agenda.
3. The chairman and the secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
Sec. 4. NRS 293.150 is hereby amended to read as follows:
293.150 [Each year in which the general state election is to be held, the] 1. The delegates elected to the state convention of each political party by the several county conventions of such party shall convene on such respective dates as the state central committees of the parties shall designate, or if an earlier date is not designated then on the 2nd Tuesday in May [,] in each year in which the general state election is to be held, at the state capital, or at such other place in the state as the state central committee of such party shall designate. The delegates shall there organize, adopt a state party platform, and elect a state central committee for such party for the ensuing term and the chairman thereof.
2. The state central committee of the parties may convene additional state conventions of their respective parties at such times and places as they shall designate during the period between the state conventions, as provided in subsection 1, and the next ensuing precinct meetings, as provided in NRS 293.135. The delegate composition at such conventions shall be the same as that certified pursuant to subsection 3 of NRS 293.140.
κ1973 Statutes of Nevada, Page 596 (CHAPTER 416, AB 545)κ
shall be the same as that certified pursuant to subsection 3 of NRS 293.140.
________
Senate Bill No. 413Committee on Commerce and Labor
CHAPTER 417
AN ACT relating to unemployment compensation; excluding students employed by the school which they attend.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.116 is hereby amended to read as follows:
612.116 1. [Employment] Except as otherwise provided in NRS 612.117 and 612.119, employment includes services performed in the employ of this state or any instrumentality of this state, or this state and one or more other states, for a hospital or institution of higher education located in this state.
2. State hospitals and state institutions of higher education shall pay contributions to the unemployment compensation fund in the manner provided in NRS 612.535 to 612.550, inclusive, unless they elect to pay into the unemployment compensation fund, in lieu of contributions, as reimbursement an amount equivalent to the amount of regular unemployment compensation benefits and one-half of the extended benefits paid to claimants that is attributable to wages paid by such state hospitals and state institutions of higher education. The provisions of NRS 612.553, pertaining to nonprofit organizations shall apply to state hospitals and state institutions of higher education if they elect to utilize the reimbursement-in-lieu-of-contributions basis as provided for in this subsection.
3. For the purpose of this section the term employment does not apply for service performed:
(a) In the employ of a school which is not an institution of higher education; or
(b) In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or
(c) As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof, by an individual receiving such work relief or work training; or
(d) For a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution.
4. Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
κ1973 Statutes of Nevada, Page 597 (CHAPTER 417, SB 413)κ
subject to this chapter, except that, notwithstanding any other provisions of this chapter, benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between 2 successive academic years, or during a similar period between 2 regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individuals contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.
Sec. 2. NRS 612.119 is hereby amended to read as follows:
612.119 [Employment shall not include service performed by the] Employment does not include service performed in the employ of a school, college or university if such service is performed by:
1. A student who is regularly attending classes at such school, college or university.
2. The spouse of a student, if the spouse is advised at the time the spouse commences performing such service that the employment is provided under a program to provide financial assistance to the student by the school, college or university and the employment will not be covered by any program of unemployment compensation.
________
Assembly Bill No. 391Messrs. Demers, Hayes, Huff, Mello, Robinson and Getto
CHAPTER 418
AN ACT to amend NRS 171.123, relating to temporary detentions by peace officers, by clarifying the right of peace officers to compel a detained person to identify himself.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.123 is hereby amended to read as follows:
171.123 1. Any peace officer may detain any person whom such officer encounters under circumstances which reasonably indicate that such person has committed, is committing or is about to commit a crime.
2. The officer may detain such person only to ascertain the identity of such person and the suspicious circumstances surrounding his presence abroad. Any person so detained shall identify himself, but may not be compelled to answer any other inquiry of any peace officer.
3. No person may be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 15 minutes. Such detention shall not extend beyond the place or the immediate vicinity of the place where the detention was first effected.
________
κ1973 Statutes of Nevada, Page 598κ
Assembly Bill No. 389Messrs. Demers, Hayes, Huff, Mello, Getto and Robinson
CHAPTER 419
AN ACT to amend NRS 171.148, relating to arrest by telegraph, by authorizing the transmittal of an arrest warrant by telegraph without the necessity of a prior special endorsement.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.148 is hereby amended to read as follows:
171.148 1. [A justice of the supreme court, a judge of the district court, or a clerk of the district court may, by an endorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, and thereafter a] A warrant of arrest may be transmitted by telegraph. A telegraphic copy of such warrant may be sent to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held an original warrant issued by the magistrate before whom the original complaint in the case was laid.
2. Every officer causing telegraphic copies of warrants to be sent must certify as correct and file in the telegraph office from which such copies are sent a copy of the warrant and endorsement thereon, and must return the original with a statement of his action thereunder.
3. As used in this section telegraph includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.
________
Senate Bill No. 2Senators Dodge and Close
CHAPTER 420
AN ACT relating to Nevada industrial commission; providing for reports of earnings by persons receiving permanent total disability benefits; deleting all references to accident benefit fund, compensation payment fund and rent and expense fund; establishing state insurance fund deposit account; permitting adoption of voluntary rating plans; increasing amount of charge in premium contributions; permitting extension of accident benefits without commission approval; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any employee receiving permanent total disability benefits shall report annually on the anniversary date of the award to the commission all of his earnings for the prior 12-month period. In the event the employee fails to make such a report to the commission within 30 days following the anniversary date, the commission shall notify the employer and the employee that such reports have not been received and the commission may then suspend any further payments until such report of earnings is filed with the commission.
κ1973 Statutes of Nevada, Page 599 (CHAPTER 420, SB 2)κ
employee that such reports have not been received and the commission may then suspend any further payments until such report of earnings is filed with the commission.
Sec. 2. NRS 616.220 is hereby amended to read as follows:
616.220 The commission shall:
1. Adopt reasonable and proper rules to govern its procedure.
2. Prescribe the time within which adjudications and awards shall be made.
3. Prepare, provide and regulate forms of notices, claims and other blank forms deemed proper and advisable.
4. Furnish blank forms upon request.
5. Regulate the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the rights to compensation from the state insurance fund. [and the accident benefit fund.]
6. Provide the method of making investigations, physical examinations, and inspections.
7. Prescribe the methods by which the staff of the commission may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination shall be subject to review by the commission.
8. Provide for adequate notice to each claimant of his right:
(a) To review by the commission of any determination or rejection by the staff.
(b) To judicial review of any final decision by the commission.
Sec. 3. NRS 616.285 is hereby amended to read as follows:
616.285 Where an employer has in his service two or more employees under a contract of hire, except as otherwise expressly provided in this chapter, the terms, conditions and provisions of this chapter for the payment of premiums to the state insurance fund [and, except as further otherwise provided, to the accident benefit fund,] for the payment of compensation and the amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory and obligatory upon both employer and employee.
Sec. 4. RNS 616.365 is hereby amended to read as follows:
616.365 If the happening of the accident or the infliction of the injury to the employee shall not have been reported by the employee or his physician forthwith, as described in this chapter, and immediately after the happening of the accident and injury, or if the injured employee or those in charge of him (the injured employee being a party to the refusal) shall refuse to permit the physician so designated to make an examination and to render medical attention as may be required immediately, no compensation shall be paid for the injury claimed to result from the accident; but it shall be within the discretion of the commission to relieve the injured person or his dependents from loss or forfeiture of compensation if the commission shall be of the opinion, after investigation, that:
1. The circumstances attending the failure on the part of the employee, or of his physician, to report the accident and injury are such as to have excused the employee and his physician for the failure to so report; and
2. Relieving the employee or his dependents from the consequences of the failure to report will not result in an unwarrantable charge against the state insurance fund.
κ1973 Statutes of Nevada, Page 600 (CHAPTER 420, SB 2)κ
of the failure to report will not result in an unwarrantable charge against the state insurance fund. [or the accident benefit fund.]
Sec. 5. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the commission to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the commission:
(a) Shall apply that form of rating system which, in its judgment, is best calculated to merit or rate individually the risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable rules and regulations controlling the same, which rules and regulations, however, shall conserve to each risk the basic principles of workmens compensation insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate or additional charge or rebate of premium contributions shall be in the discretion of the commission. [, but shall not exceed 20 percent where the accident experience of an employer comprises less than 24 consecutive months or 30 percent where the accident experience comprises more than 24 consecutive months.]
3. The rating system provided by this section is subject to the further limitation that no increase or reduction of premium rate or additional charge or rebate of premium contributions shall become effective for 60 days after adoption by the commission. Upon the adoption of any increase or reduction of premium rate or additional charge or rebate of premium contributions provided by this section the commission shall give written notice thereof to the employer affected by such rate change, charge or rebate and grant the employer, if requested by him, a hearing before the commission prior to the effective date of such rate change, charge or rebate. At such hearing consideration shall be given to the objections as made by the parties appearing, and all matters in dispute shall be resolved after such hearing by the commission in a manner which will not unjustly affect the objecting party. The objective to be accomplished by the commission shall be to prescribe and collect only such premiums as may be necessary to pay the obligations created by this chapter, administrative expenses, and to carry such reasonable reserves as may be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.
4. Subsections 2 and 3 of this section shall not apply to rating plans made by voluntary agreement between the commission and employer which increases or reduces premium contributions for employers. Such voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by both the commission and the employer.
Sec. 6. NRS 616.395 is hereby amended to read as follows:
616.395 1. Every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before July 1, 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund [and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total payroll for the ensuing 2 months] , premiums in the form of an advance deposit as shall be fixed by order of the commission.
κ1973 Statutes of Nevada, Page 601 (CHAPTER 420, SB 2)κ
or before July 1, 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund [and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total payroll for the ensuing 2 months] , premiums in the form of an advance deposit as shall be fixed by order of the commission. All premium rates now in effect shall be continued in full force and effect until changed, altered or amended by order of the commission.
2. Every employer within, and those electing to be governed by, the provisions of this chapter, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly payroll, and shall make payment of the premium on such payroll for the first 2 months of operations.
3. The commission shall be empowered to accept as a substitute for payment of premiums [, for the ensuing or first 2 months of operation as provided by this section,] either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, shall be determined by the commission but shall not be of a value less than the amount of cash required by this section.
4. The commission shall accept as a substitute for cash payment of premiums as required in this section a savings certificate issued by a bank or savings and loan association in Nevada, which certificate shall indicate an amount at least equal to, but shall not be required to be more than, the next integral multiple of $100 above the cash which would otherwise be required by this section and shall state that such amount is unavailable for withdrawal except by direct and sole order of the commission. Interest earned on the deposit shall accrue to the account of the employer and not the commission.
Sec. 7. NRS 616.410 is hereby amended to read as follows:
616.410 1. [For the purpose of providing a fund to take care of accident benefits as provided in this chapter, the] The commission is authorized and directed to collect a premium upon the total payroll of every employer within the provisions of this chapter, except as otherwise provided, in such a percentage as the commission shall fix by order [.] for accident benefits.
2. Every such employer paying such premiums shall be relieved from furnishing accident benefits, and the same shall be provided by the commission. [Every employer paying such premium for accident benefits may collect one-half thereof, not to exceed $1 per month, from each employee, and may deduct the same from the wages of the employee.]
3. All fees and charges for accident benefits shall be subject to regulation by the commission and shall not be in excess of such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.
4. The commission may adopt reasonable rules and regulations necessary to carry out the provisions of this section.
5. The state insurance fund provided for in this chapter shall [not] be liable for any accident benefits provided in this section, but the [fund] account provided for accident benefits shall be a separate and distinct [fund,] account, and shall, on the commission records, be so kept.
κ1973 Statutes of Nevada, Page 602 (CHAPTER 420, SB 2)κ
be liable for any accident benefits provided in this section, but the [fund] account provided for accident benefits shall be a separate and distinct [fund,] account, and shall, on the commission records, be so kept.
Sec. 8. NRS 616.415 is hereby amended to read as follows:
616.415 1. Every employer operating under this chapter, alone or together with other employers, may make arrangements for the purpose of providing accident benefits as defined in this chapter for injured employees. [Such employer may collect one-half of the cost of such accident benefits from his collective employees, not to exceed $1 per month from any one employee, and may deduct the same from the wages of each employee.]
2. Employers electing to make such arrangements for providing accident benefits shall notify the commission of such election and render a detailed statement of the arrangements made, which arrangements shall not become effective until approved by the commission.
3. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the commission for the preceding year, which report shall contain a statement showing:
(a) Total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers; and
(b) An itemized account of the expenditures, investments or other disposition of such fees; and
(c) What balance, if any, remains.
Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager or other executive officer, if a corporation; by the physician, if contracted to a physician.
4. Every employer who fails to notify the commission of such election and arrangements, or who fails to render the financial report required, shall be liable for accident benefits as provided by NRS 616.410.
Sec. 9. NRS 616.420 is hereby amended to read as follows:
616.420 If it be shown or the commission finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, the commission may, upon application of the employee, or upon its own motion, order a change of physicians or of any other accident benefit requirements, and if the employer fails to comply promptly with such order, the injured employee may elect to have accident benefits provided by or through the commission, in which event the cause of action of the injured employee against the employer or hospital association shall be assigned to the commission for the benefit of the [accident benefit] state insurance fund, and the commission shall furnish to the injured employee the accident benefits provided for in this chapter.
Sec. 10. NRS 616.425 is hereby amended to read as follows:
616.425 1. All premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the commission pursuant to the terms of this chapter shall:
κ1973 Statutes of Nevada, Page 603 (CHAPTER 420, SB 2)κ
(a) Be credited on the records of the commission to the [proper] state insurance fund.
(b) Constitute, for the purpose of custody thereof, the state insurance fund, which shall be held by the commission as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter. Each commissioner shall be liable on his official bond for the faithful performance of his custodial duty as a member of the commission.
2. The commission shall deliver from such state insurance fund to the custody of the state treasurer such moneys as are deemed by the commission necessary to maintain an adequate balance in the [compensation payment fund,] state insurance fund deposit account, which is hereby created for the transaction of the ordinary business and functions of the commission, including compensation.
Sec. 11. NRS 616.435 is hereby amended to read as follows:
616.435 1. All disbursements from the [compensation payment] state insurance fund shall be paid by the state treasurer upon warrants or vouchers of the commission authorized and executed by the commission pursuant to chapter 351 of NRS (Uniform Facsimile Signatures of Public Officials Act). The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the [compensation payment fund.] state insurance fund deposit account. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this chapter, except from the [compensation payment fund,] state insurance fund deposit account, but shall be responsible for the safety and preservation of the state insurance fund.
2. A sum of $200,000 in the aggregate may be regularly maintained on deposit by the commission in all the collection depositary banks. Such [fund] account kept currently on deposit shall be used for the transaction of the ordinary business and functions of the commission, including compensation. Such [fund] account shall be a trust [fund,] account, and shall not be removed or drawn upon except on checks or drafts of the commission authorized and executed by the commission pursuant to chapter 351 of NRS (Uniform Facsimile Signatures of Public Officials Act), and shall be made payable to the state treasurer for the [compensation payment fund.] state insurance fund deposit account.
3. Anything to the contrary in this chapter notwithstanding, the commission shall authorize disbursements from the [accident benefit fund and the compensation payment] state insurance fund to provide all benefits provided for in this chapter.
Sec. 12. NRS 616.450 is hereby amended to read as follows:
616.450 Any income derived from rentals, as provided in NRS 616.180, shall be placed in [a fund] an account to be known as the rent and expense [fund.] account. All disbursements on account of expenses incurred in the operation and maintenance of the buildings shall be [paid from] charged against the rent and expense [fund.] account. The fund shall constitute a part of the assets of the [compensation payment] state insurance fund.
Sec. 13. NRS 616.480 is hereby amended to read as follows:
616.480 The commission may reinsure any risk, or any part thereof, and arrange for such other reinsurance as, in its opinion, will properly protect the state insurance fund.
κ1973 Statutes of Nevada, Page 604 (CHAPTER 420, SB 2)κ
and arrange for such other reinsurance as, in its opinion, will properly protect the state insurance fund. [and the accident benefit fund.]
Sec. 14. NRS 616.485 is hereby amended to read as follows:
616.485 If the provisions of NRS 616.395, 616.400 and 616.405 for the creation of a state insurance fund, [and an accident benefit fund,] or the provisions of this chapter making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman, shall be held invalid, the entire chapter shall be thereby invalidated, except the provisions of NRS 616.495, and an accounting according to the justice of the case shall be had on moneys received. In other respects an adjudication of invalidity of any part of this chapter shall not affect the validity of the chapter as a whole or any part thereof.
Sec. 15. NRS 616.490 is hereby amended to read as follows:
616.490 1. If the provisions of this chapter relative to compensation for injuries to or death of workmen become invalid because of any adjudication, or be repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this chapter by lump sum payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the validity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death; provided, that such action be commenced within 1 year after such repeal or adjudication.
2. In any such action any sum paid out of the state insurance fund [or the accident benefit fund] by reason of injury to a workman by whom, or by whose dependents, the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the state insurance fund [and the accident benefit fund] the premiums provided for by NRS 616.395, 616.400 and 616.405, or furnished accident benefits pursuant to NRS 616.415, any such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited.
Sec. 16. NRS 616.495 is hereby amended to read as follows:
616.495 If this chapter shall hereafter be repealed, all moneys which are in the state insurance fund [or the accident benefit fund] at the time of the repeal shall be subject to such disposition as may be provided by the legislature, and in default of such legislative provisions distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing.
Sec. 17. NRS 616.500 is hereby amended to read as follows:
616.500 1. Notice of the injury for which compensation is payable under this chapter shall be given to the commission as soon as practicable, but within 30 days after the happening of the accident.
2. In case of death of the employee resulting from such injury, notice shall be given to the commission as soon as practicable, but within 60 days after death.
3. The notice shall:
(a) Be in writing; and
(b) Contain the name and address of the injured employee; and
(c) State in ordinary language the time, place, nature and cause of the injury; and
(d) Be signed by the injured employee or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf.
κ1973 Statutes of Nevada, Page 605 (CHAPTER 420, SB 2)κ
or in case of death, by one or more of his dependents or by a person on their behalf.
4. No proceeding under this chapter for compensation for an injury shall be maintained unless the injured employee, or someone on his behalf, files with the commission a claim for compensation with respect to the injury within 90 days after the happening of the accident, or, in the case of death, within 1 year after death.
5. The notice required by this section shall be served upon the commission either by delivery to and leaving with it a copy of the notice, or by mailing to it by registered or certified mail a copy thereof in a sealed postpaid envelope addressed to the commission at its office in Carson City, Nevada. Such mailing shall constitute complete service.
6. Failure to give notice or to file a claim for compensation within the time limit specified in this section shall be a bar to any claim for compensation under this chapter, but such failure may be excused by the commission on one or more of the following grounds:
(a) That notice for some sufficient reason could not have been made.
(b) That failure to give notice will not result in an unwarrantable charge against the state insurance fund. [or the accident benefit fund.]
(c) That failure to give notice was due to the employees or beneficiarys mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.
Sec. 18. NRS 616.515 is hereby amended to read as follows:
616.515 Every injured employee within the provisions of this chapter shall be entitled to receive, and shall receive promptly, such accident benefits as may reasonably be required at the time of the injury and within 6 months thereafter, which may be further extended [by unanimous vote of the commission] for additional periods as may be [in the opinion of the commission,] required.
Sec. 19. NRS 617.320 is hereby amended to read as follows:
617.320 1. [The occupational diseases fund and the medical benefits fund are hereby created.
2.] The occupational diseases [fund] account shall be a separate [and distinct fund] account and shall be so kept on the records of the commission, but shall, in the hands of the commission and, for the purposes of custody thereof, be and constitute a part of the state insurance fund, subject to the same provisions in regard thereto as are contained in chapter 616 of NRS.
[3.] 2. The commission shall have all of the powers, authority and duties with respect to the prosecution and defense of suits, the collection, administration, investment and disbursement of the occupational diseases [fund] account as are provided for in chapter 616 of NRS relative to the prosecution and defense of suits, the collection, administration, investment and disbursement of the state insurance fund [and the accident benefit fund] for the compensation of injured employees which are not inconsistent with the terms of this chapter.
Sec. 20. Upon the effective date of this act all moneys in the several funds abolished by this act shall be transferred to the respective successor accounts in the state insurance fund.
Sec. 21. This act shall become effective on June 30, 1973.
________
κ1973 Statutes of Nevada, Page 606κ
Assembly Bill No. 483Committee on Government Affairs
CHAPTER 421
AN ACT authorizing the administrator of the Nevada state park system to dispose of certain real property and property rights owned by the State of Nevada and located in Lincoln County; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 232.158 or any other provision of law, the administrator of the Nevada state park system, on behalf of the State of Nevada, is hereby authorized to convey:
1. To Jay Wright and Kay Wright of the county of Lincoln, State of Nevada, for the sum of $75,393, those certain parcels of real property and additional property rights owned by the State of Nevada and situated in the county of Lincoln, State of Nevada, described as follows:
(a) T. 5 N., R. 67 E., M.D.B. & M.
An undivided 3/16 interest in:
Section 16, E 1/2 SE 1/4
Section 15, W 1/2 SE 1/4; SW 1/4
(b) Also, a 175/1600 interest, a 45/1600 interest, and a 5/360 interest in a 174/1600 interest in the lands and water rights described and designated as follows:
(1) T. 4 N., R. 68 E., M.D.B. & M.
Section 1, Lot 2
Section 3, NW 1/4 SW 1/4
Section 4, SE 1/4 NE 1/4
Section 12, SE 1/4 NE 1/4
Section 14, N 1/2 SE 1/4
Section 25, SW 1/4 NW 1/4
Section 26, NE 1/4 SE 1/4
(2) T. 5 N., R. 68 E., M.D.B. & M.
Section 2, NE 1/4 SW 1/4
Section 6, Lots 5 and 6; SW 1/4 SE 1/4
Section 7, NW 1/4 NE 1/4; SE 1/4 NE 1/4
Section 9, NE 1/4 SE 1/4
Section 17, NW 1/4 NE 1/4
Section 21, SE 1/4 SW 1/4
Section 26, SW 1/4 NE 1/4; E 1/2 SE 1/4; SW 1/4 SE 1/4
Section 27, SE 1/4 NE 1/4
Section 28, W 1/2
Section 32, NE 1/4 NE 1/4
Section 33, NW 1/4; N 1/2 SW 1/4
(3) T. 6 N., R. 68 E., M.D.B. & M.
Section 10, E 1/2 SW 1/4
Section 12, S 1/2 NE 1/4; SW 1/4 SW 1/4
Section 15, E 1/2 NW 1/4
Section 24, NW 1/4 SW 1/4
Section 25, NW 1/4 SW 1/4; SE 1/4 SW 1/4
Section 29, SW 1/4 NE 1/4
κ1973 Statutes of Nevada, Page 607 (CHAPTER 421, AB 483)κ
Section 35, NE 1/4 NE 1/4
Section 36, SE 1/4 SW 1/4
(4) T. 5 N., R. 69 E., M.D.B. & M.
Section 1, SE 1/4 SW 1/4
Section 3, Lot 4
Section 4, SE 1/4 NE 1/4
Section 5, SW 1/4 SW 1/4
Section 8, N 1/2 NW 1/4; SE 1/4 NW 1/4; E 1/2 SW 1/4; SW 1/4 SE 1/4
Section 15, NW 1/4 SW 1/4
Section 17, NW 1/4 NE 1/4
Section 24, NE 1/4 NW 1/4
(5) T. 6 N., R. 69 E., M.D.B. & M.
Section 7, Lot 2; SW 1/4 NE 1/4
Section 19, NE 1/4 NE 1/4
Section 21, SE 1/4 NW 1/4
Section 30, Lot 2
Section 31, NW 1/4 SE 1/4
(c) Also those 2,700 AUM of Federal range use further described as No. 4061 Jay Reservoir, located in the northwest quarter of the southeast quarter of section 35, T. 6. N., R. 64 E., and No. 4087 known as Grassy Fence in Sections 20, 21, 22, 26, 27, 28, 35 and 36, T. 6 N., R. 65 E., assigned to Agri Properties by William J. Wright, April 17, 1971.
(d) Together with all of those water rights as designated by the following numbers of the Certificate of Appropriation in the office of the state engineer of Nevada, to wit: Numbers 02201, 02198 to 02200, 02111 to 02125 and numbers 01970 to 02027 and those springs known as Six Mile, Blind Mountain Springs, Simpson Spring No. 1 and No. 2 and Bristol Pipeline.
(e) Also, the following grazing privileges assigned to the base lands by the Bureau of Land Management:
In Ely District N-4
Active Nonactive
5,863 AUM assigned to home ranch base land................................................................................................. 1,244
|
462 AUM land base
313 AUM water base |
} |
Murray Sheep Purchase.......................................................... |
{ |
98
66 |
|
6 AUM land base
3 AUM water base |
} |
Oxborrow-Murray Purchase................................................... |
{ |
1
1 |
43 AUM Bristol pipeline.................................................................................................................................. 9
6,690 1,419
Active AUMS Nonactive
In Cedar City District U-4
Active
171 AUM assigned to home ranch base land
κ1973 Statutes of Nevada, Page 608 (CHAPTER 421, AB 483)κ
(f) Plus all right, title and interest in and to the following cooperative agreements and range improvement permits:
Number Name Location
0125 Meadow Valley Wash Fence...................... T. 4 N., R. 69 E.; T. 4 N., R. 70 E. and T. 3 N., R. 69 E.
0233 A.P.W. Well................................................... NW 1/4 NW 1/4, Sec. 3, T. 2 N., R. 64 E.
0364 Camp Valley Corral & Chute....................... Sec. 13, T. 4 N., R. 69 E.
0394 White Rock Wash Reseeding Fence......... Secs. 3, 5, 8, 10, 11, 17, 20 and 21, T. 3 N., R. 70 E.
0395 White Rock Wash Seeding......................... Same
0534 Mt. Wilson Reseeding Fence..................... T. 4 N., R. 66 and 67 E.; T. 5 N., R. 66 and 67 E. and T. 6 N., R. 66 and 67 E.
0605 Hulse Canyon Seeding................................ Secs. 2-4, 8-12 and 13-16, T. 3 N., R. 67 E.
0614 Hulse Canyon Seeding Fence..................... T. 3 N., R. 66 and 67 E. and T. 4 N., R. 67 E.
0629 White Rock Seeding Addition Fence........ T. 4 N., R. 69 and 70 E. and T. 3 N., R. 70 E.
0650 Wilson Creek D. L. Fence............................ Sec. 35, T. 6 N., R. 66 E.
0653 Wilson Creek D. L. Seeding........................ Same
0661 Parsnip Pipeline............................................. Secs. 31, 32, 33, 27 and 28, T. 4 N., R. 69 E.
0766 21 Mile Seeding............................................. T. 4 N., R. 66 and 67 E. and T. 3 N., R. 67 E.
0984 Brown Spring Pipeline.................................. Secs. 23 and 24, T. 5 N., R. 66 E. and Secs. 16-19, T. 5 N., R. 67 E.
4046 Willow Springs Pipeline............................... Sec. 19, T. 3 N., R. 70 E. and Secs. 13, 23 and 24, T. 3 N., R. 69 E.
4061 Jay Reservoir................................................. NW 1/4 SE 1/4, Sec. 35, T. 6 N., R. 64 E.
2. To Frank Delmue and Rose Delmue of the county of Lincoln, State of Nevada, for the sum of $6,225, that certain property owned by the State of Nevada and situated in the county of Lincoln, State of Nevada, described as follows:
In Las Vegas District N-5:
All of states one-third (1/3) interest in the Simpson Well in the northwest quarter of the northeast quarter and the northeast quarter of the northwest quarter of section 24, T. 1
κ1973 Statutes of Nevada, Page 609 (CHAPTER 421, AB 483)κ
N., R. 64 E., M.D.B. & M., and water rights pursuant to Permit Number 18756, Water Certificate 5059 and the 310 AUMs attached thereto, 249 active and 61 suspended nonuse.
Sec. 2. 1. Notwithstanding the provisions of NRS 232.158 or any other provision of law, the administrator of the Nevada state park system, on behalf of the State of Nevada, is hereby authorized to sell or exchange, subject to the conditions prescribed in subsection 2, that certain property owned by the State of Nevada and situated in the county of Lincoln, State of Nevada, described as follows:
(a) T. 3 N., R. 70 E., M.D.B. & M.
Section 19, SE 1/4 NE 1/4
Section 20, S 1/2 NW 1/4
(b) That portion of the south half (S 1/2) of the northwest quarter (NW 1/4) and the north half (N 1/2) of the southwest quarter (SW 1/4) of section 2, T. 1 N., R. 69 E., M.D.B. & M., described as follows: Commencing at a point whence the corner common to sections 2, 3, 10 and 11 of said township and range bears south 22Ί20′ west a distance of 2283.70 feet; said point being also described as the southwest corner of that certain parcel of land conveyed to Joseph Hollinger, William Hollinger, Samuel Hollinger and James N. Hollinger by deed recorded April 17, 1962, in Book L-1, Page 62, of Real Estate Deeds on file in the office of the county recorder, Lincoln County, Nevada; said parcel being one of the four parcels of land described in the said Real Estate Deed and is further identified therein as containing 47.292 acres, more or less; thence north 3Ί40′ east along the westerly boundary line of said parcel 1431.0 feet to the northwest corner thereof, being he true point of beginning; thence south 72Ί09′ east along the northerly boundary line of said parcel 1573.82 feet; thence south 74Ί00′ east 34.00 feet; thence south 14Ί00′ west 25.00 feet; thence north 73Ί11′ west 34.22 feet; thence north 84Ί11′ west 324.00 feet; thence south 19Ί47′ west 407.39 feet; thence south 9Ί55′ east 225.76 feet; thence north 71Ί38′ west 1008.13 feet; thence north 28Ί57′ west 238.53 feet; thence north 13Ί42′ west 93.33 feet; thence north 3Ί01′ west to a point of intersection with the westerly boundary line of the aforesaid parcel conveyed to Joseph Hollinger, et al; thence north 03Ί40′ east along the said westerly boundary to the true point of beginning.
2. A sale or exchange of the property described in subsection 1 is authorized only upon the following conditions:
(a) Before any such sale or exchange, the property shall be appraised by a competent appraiser or competent appraisers and his or their appraisal shall be approved by the administrator of the Nevada state park system.
κ1973 Statutes of Nevada, Page 610 (CHAPTER 421, AB 483)κ
(b) The property shall not be sold or exchanged for less than its value according to the approved appraisal.
(c) Any sale of the property shall be conducted by public auction or sealed bids.
________
Senate Bill No. 257Senators Blakemore, Herr, Echols, Drakulich, Close, Neal, Raggio, Walker and Young
CHAPTER 422
AN ACT extending immunity from tort liability for emergency care; providing for the training of paramedical personnel; providing a penalty; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any physician or registered nurse who in good faith gives instruction to a paramedic at the scene of an emergency, and the paramedic who obeys such instruction, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering such emergency care.
Sec. 2. Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any hospital, rescue unit or ambulance service which meets minimum requirements established by the state board of health may utilize paramedics for the rendering of emergency medical care to the sick or injured:
1. At the scene of an emergency and during transport to a hospital;
2. While in a hospital emergency department; and
3. Until responsibility for care is assumed by the regular hospital staff.
Sec. 3. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 6, inclusive, of this act.
Sec. 4. As used in sections 4 to 6, inclusive, of this act, paramedic means a person specially trained in emergency medical care, including cardiac care, in a training program certified by the state board of health and individually certified by the state health officer as having satisfactorily completed the training program.
Sec. 5. 1. A training program for paramedics shall include at least 500 hours of training, including but not limited to 300 hours of didactic and 200 hours of clinical instruction. The program shall include cardiac care and emergency vehicle experience.
2. A certified paramedic must undergo at least 40 hours of further or refresher training yearly in order to maintain his certification, and is subject to reexamination every 2 years by the state health officer.
Sec. 6. A paramedic may:
1. Render rescue, first-aid and resuscitation services.
κ1973 Statutes of Nevada, Page 611 (CHAPTER 422, SB 257)κ
2. During training at a hospital and while caring for patients in a hospital administer parenteral medications under the direct supervision of a physician or a registered nurse.
3. Perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient.
4. Where voice contact or a telemetered electrocardiogram is monitored by a physician or a registered nurse supervised by a physician, and direct communication is maintained, upon order of such physician or nurse perform such procedures and administer such drugs as are approved by the state board of health, which may include but are not limited to:
(a) Administer intravenous saline or glucose solutions.
(b) Perform gastric suction by intubation.
(c) Administer airway intubation by esophageal tube or endotracheal tube.
(d) Perform needle aspiration of the chest.
(e) Perform surgical exposure of a vein or artery.
(f) Perform a phlebotomy or draw blood specimens for analysis.
(g) Administer drugs of the following classes:
(1) Antiarrhythmic agents.
(2) Vagolytic agents.
(3) Chronotropic agents.
(4) Analgesic agents.
(5) Alkalizing agents.
(6) Vasopressor agents.
(7) Diuretics.
(8) Narcotic antiagents.
(9) Anticonvulsive agent.
(10) Volume expanding agents.
(11) Topical ophthalmic solution.
(12) Intravenous glucose.
(13) Antihistaminic.
(14) Steroids.
(15) Bronchodilatators.
Sec. 7. The health division of the department of health, welfare and rehabilitation shall, not later than July 1, 1974, develop a plan, including the training program and procedures mentioned in sections 5 and 6 of this act, for the utilization of paramedical personnel in this state.
________
κ1973 Statutes of Nevada, Page 612κ
Assembly Bill No. 434Messrs. Hickey, May, Torvinen, Barengo, Hayes, Glover, Fry and Lowman
CHAPTER 423
AN ACT relating to bail; providing a procedure whereby a person may be admitted to bail in a county other than a county in which a warrant for his arrest is outstanding; providing certain limitations; providing a penalty; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant for the arrest of such person outstanding in another county of this state, the magistrate may release such person in accordance with the provisions of NRS 178.484 if:
(a) The arrest warrant arises out of a public offense which constitutes a misdemeanor; and
(b) Such person provides a suitable address where the magistrate who issued the warrant in the other county can notify such person of a time and place to appear in the other county.
2. If a person is released under the provisions of this section, the magistrate who releases such person shall transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502, together with the address of such person, to the magistrate who issued the arrest warrant. Upon receipt of such cash, bonds, notes or agreement and such address, the magistrate who issued the arrest warrant shall notify such person of a time and place to appear in the other county.
3. The bail set under the provisions of this section shall be in addition to and apart from any bail set for any public offense with which a person is charged in the county in which a magistrate is setting bail. In setting bail under the provisions of this section, a magistrate shall set the bail in an amount which is sufficient to induce a reasonable person to travel to the county in which his arrest warrant is outstanding.
4. If the public offense out of which the arrest warrant arises is punishable by imprisonment in the county jail, a person who fails to appear in the other county as ordered is guilty of a misdemeanor. A sentence of imprisonment imposed under this section shall be imposed consecutively to a sentence of imprisonment for the offense out of which the arrest warrant arises.
________
κ1973 Statutes of Nevada, Page 613κ
Assembly Bill No. 20Mr. Jacobsen
CHAPTER 424
AN ACT relating to legislative bills and publications; vesting authority for the mailing and distribution thereof in the director of the legislative counsel bureau; providing greater restrictions upon distribution thereof free of charge; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.450 is hereby amended to read as follows:
218.450 The superintendent of the department of state printing shall:
1. [Maintain a bill filing and mailing room.
2. File all bills, resolutions, daily journals and other papers as may be ordered by the senate or assembly.
3.] Receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same and of the order in which it may be received. When the work is executed he shall deliver the finished sheets or volumes to the sergeant-at-arms of either house as the case may be, or to any person authorized to receive them.
[4.] 2. Receive from the legislative counsel and print, or preset the type for printing, legislative measures prior to their introduction.
3. Upon the request of the director of the legislative counsel bureau, print additional copies of bills and legislative publications for mailing and distribution by the legislative counsel bureau.
[5.] 4. Perform such duties in connection with the filing and distribution of bills, resolutions, daily journals and other papers as may be required by [law or] the rules or special orders of either house of the legislature.
Sec. 2. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications shall be filed with the [superintendent of the department of state printing. He shall] director of the legislative counsel bureau who shall request the superintendent of the department of state printing to print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements. The superintendent of the department of state printing shall print only that amount of bills and legislative publications necessary for such requests and requirements.
2. [No complete set of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of the department of state printing, nor shall more than two copies of any single bill or other legislative publication be distributed free to any person, office or organization, except to:
(a) Members of the legislature.
(b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.
(c) The legislative counsel bureau.
(d) Offices of all elected state, county, township, school, and municipal officials.
κ1973 Statutes of Nevada, Page 614 (CHAPTER 424, AB 20)κ
(e) Offices of all state agencies and departments.
(f) Justices and the clerk of the supreme court.
(g) Judges and clerks of the district courts.
(h) The library of Congress.
(i) County and city libraries and libraries of the University of Nevada System.
(j) Accredited members of the press.] Except as otherwise provided in this section, no bill or other legislative publication shall be distributed without payment therefor of a sum fixed by the director of the legislative counsel bureau. Any person, office or organization, except for those for which provision is otherwise made in this section, may receive upon request free of charge in any one calendar year a maximum of two copies of each individual bill specified by bill number or other legislative publication.
3. There is no limitation upon the number of bills or other legislative publications, or copies of either, that may be distributed, free of charge, to:
(a) Members of the legislature.
(b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.
(c) The legislative counsel bureau.
4. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the legislative functions committee of either the senate or assembly.
5. The following persons, offices or organizations, upon request, shall receive free of charge in any one calendar year two copies of any bill or other legislative publication and additional copies upon approval of the legislative functions committee of either the senate or assembly:
(a) Offices of all elected state and county officials.
(b) Offices of all state agencies and departments.
(c) Justices and the clerk of the supreme court.
(d) Judges and clerks of the district courts.
(e) The Library of Congress.
(f) County and city libraries and libraries of the University of Nevada System.
(g) Accredited members of the press.
[3.] 6. The [superintendent of the department of state printing] director of the legislative counsel bureau shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the [state printing fund.] legislative counsel bureau for deposit in the legislative fund. Prior to each session of the state legislature, the director of the legislative counsel bureau shall reanalyze the cost of such bills and publications, including postage, and establish a cost schedule that, as nearly as practicable, reflects the estimated cost to be incurred during the session.
[4.] 7. The costs of such distributions, including postage, shall be paid from the legislative fund.
________
κ1973 Statutes of Nevada, Page 615κ
Assembly Bill No. 485Messrs. Getto, Glover, Jacobsen, Howard, Ashworth, Dini, Mrs. Brookman, Messrs. Hickey, Prince, Banner, Smalley, Bremner, Barengo and Young
CHAPTER 425
AN ACT relating to housing for persons of low income; creating the Nevada state rural housing authority to operate in counties of less than 100,000 population; providing the powers and duties of such authority; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 315 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 38, inclusive, of this act.
Sec. 2. Sections 2 to 38, inclusive, of this act may be cited as the State Rural Housing Authority Law.
Sec. 3. 1. It is the policy of this state to promote the health, welfare and safety of its residents and to develop more desirable neighborhoods and alleviate poverty in the counties, cities and towns of the state by making provision for decent, safe and sanitary low-rent housing facilities for persons of low income.
2. It is hereby found and declared:
(a) That there is a shortage of safe and sanitary dwelling accommodations in the rural counties of the state which are available to persons of low income, particularly senior citizens of low income, at rentals they can afford, specifically in areas where local housing authorities are not operating;
(b) That the establishment and operation of a sufficient number of new local housing authorities to undertake housing projects on an individual basis in such counties and the cities and towns therein is not feasible at the present time due to geographic and economic circumstances; and
(c) That the shortage of low-rent housing facilities in such counties can be partially remedied through state action by the establishment of a state housing authority having the power to undertake housing projects in any or all of the rural counties in substantially the same manner as a local housing authority.
Sec. 4. As used in sections 2 to 38, inclusive, of this act unless the context otherwise requires, the words and terms defined in sections 5 to 18, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 5. Area of operation means any or all counties of the state having a population of less than 100,000, including any or all cities and towns within such counties.
Sec. 6. Authority or state authority means the Nevada state rural housing authority created by sections 2 to 38, inclusive, of this act.
Sec. 7. Bonds means any bonds, notes, interim certificates, debentures or other obligations issued by the authority pursuant to the provisions of sections 2 to 38, inclusive, of this act.
Sec. 8. City means any incorporated city.
Sec. 9. Executive director means the executive director of the state authority.
κ1973 Statutes of Nevada, Page 616 (CHAPTER 425, AB 485)κ
Sec. 10. Federal Government includes the United States of America or any agency or instrumentality of the United States of America.
Sec. 11. 1. Housing project means any work or undertaking:
(a) To demolish, clear or remove buildings from any area acquired by the authority; or
(b) To provide decent, safe and sanitary rural dwellings, apartments or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare or other purposes; or
(c) To accomplish a combination of the foregoing.
2. Housing project also may be applied to the planning of the buildings and improvements, the acquisition or leasing of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
Sec. 12. Local governing body or governing body means the city council, board of trustees, board of county commissioners, or other legislative body of a city, town or county.
Sec. 13. Local housing authority or local authority means a housing authority created or established pursuant to the provisions of the Housing Authorities Law of 1943, the Housing Authorities Law of 1947, or the Housing Law of 1951.
Sec. 14. Obligee includes any bondholder, agent or trustee for any bondholder, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessors interest or any part thereof, and the Federal Government when it is a party to any contract with the authority.
Sec. 15. Persons of low income means individuals or families who lack the amount of income which is necessary (as determined by the authority) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.
Sec. 16. Real property includes all lands, improvements and fixtures thereon, and every estate, interest and right therein.
Sec. 17. State public body means any city, town, county, municipal corporation, commission, district, authority, other subdivision or public agency of the state.
Sec. 18. Town means any unincorporated town formed pursuant to the provisions of chapter 269 of NRS.
Sec. 19. 1. There is hereby created a public body corporate and politic to be known as the Nevada state rural housing authority.
2. The governor shall appoint five commissioners of the authority, at least two of whom shall have experience in the fields of banking, real estate or home building. The state controller shall serve as an ex officio commissioner without vote. At least four of the appointed commissioners shall be residents of counties having a population of less than 100,000.
3. A majority of the appointed commissioners shall be necessary to constitute a quorum, and a vote of the majority of the appointed commissioners shall be necessary to carry any question.
κ1973 Statutes of Nevada, Page 617 (CHAPTER 425, AB 485)κ
Sec. 20. 1. Except as provided in subsection 3, the term of office for appointed commissioners shall be 4 years. Vacancies shall be filled by the governor for the unexpired term.
2. A commissioner shall hold office until his successor has been appointed and qualifies. A certificate of the appointment or reappointment of any commissioner shall be filed in the office of the secretary of state and in the office of the authority, and such certificate shall be conclusive evidence of the appointment of such commissioner.
3. Of the commissioners first appointed, two shall be appointed for terms of 2 years and three shall be appointed for terms of 4 years.
Sec. 21. 1. As soon as possible after their appointment, the commissioners shall organize for the transaction of business by choosing a chairman and vice chairman and by adopting bylaws and rules and regulations suitable to the purpose of organizing the authority and conducting the business thereof.
2. The commissioners shall appoint an executive director and such other officers and employees as the authority may require for the performance of its duties. All of such positions shall be included in the classified service of the state. The commissioners shall prescribe the duties of each officer and employee and shall fix their salaries in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS.
3. At least once a year the authority shall file with the governor a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other actions as it deems necessary in order to carry out the purposes of sections 2 to 38, inclusive, of this act.
Sec. 22. Each commissioner shall receive compensation of $20 per day for attendance at meetings of the authority and the per diem expense allowance and travel expenses as provided by NRS 281.160.
Sec. 23. 1. No commissioner or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such housing project, property or contract, respectively. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such housing project, property, or contract, respectively.
2. Any violation of the provisions of this section shall constitute malfeasance in office.
κ1973 Statutes of Nevada, Page 618 (CHAPTER 425, AB 485)κ
3. This section shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
Sec. 24. A commissioner of the authority may be removed from office in accordance with the provisions of NRS 283.440 or 283.450.
Sec. 25. 1. The authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of sections 2 to 38, inclusive, of this act, but not the power to levy and collect taxes or special assessments.
2. The authority may:
(a) Sue and be sued.
(b) Have a seal and alter the same at pleasure.
(c) Have perpetual succession.
(d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(e) Make, and from time to time amend and repeal bylaws, rules and regulations to carry into effect the powers and purposes of the authority.
Sec. 26. Subject to the provisions of sections 28 and 29 of this act, the authority may, within its area of operation:
1. Prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration, or repair of any such project or any part thereof.
2. Determine where there is a need for additional low-rent housing for persons of low income and where there is unsafe, insanitary or overcrowded housing.
3. Make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.
4. Cooperate with the Federal Government, other state agencies, local housing authorities, counties, cities, towns, and any political subdivisions of the state in action taken in connection with such problems.
Sec. 27. 1. Except as provided in subsection 2, a local housing authority may at any time relinquish to the state rural housing authority the exclusive right to operate within its area. The relinquishment shall be effective upon the filing of a relinquishment resolution in the office of the executive director.
2. No local housing authority may relinquish its obligations under an existing federal assistance contract or relinquish its obligation to operate a federally assisted housing project for which there is an outstanding federal assistance contract or outstanding bonded indebtedness guaranteed by the Federal Government.
Sec. 28. If a local housing authority is established and operating in an area where the state authority determines that a need exists for additional housing for persons of low income, and the local authority has not filed a relinquishment resolution pursuant to the provisions of section 27 of this act, the state authority shall advise the local authority of its findings of need for that area and shall urge the local authority to make appropriate plans to meet that need.
κ1973 Statutes of Nevada, Page 619 (CHAPTER 425, AB 485)κ
Sec. 29. 1. If, in an area where the state authority determines that a need exists for additional housing for persons of low income:
(a) An acceptable plan of action for meeting such need has not been submitted by the local housing authority within 60 days after receipt of the notification required by section 28 of this act; or
(b) No local housing authority is established and operating; or
(c) A relinquishment resolution has been filed pursuant to the provisions of section 27 of this act,
the state authority, subject to the provisions of subsection 2, may construct and operate housing projects for persons of low income in such area.
2. Before the commencement of any such operation the state authority shall obtain the written approval of the governing body of the county, if such proposed operation is intended for an area which is not within the jurisdiction of any city or town, or, if the proposed operation is intended to take place within the jurisdiction of a city or town, then the state authority shall obtain the written approval of the governing body of such city or town.
Sec. 30. 1. The state authority may exercise all or any part or combination of the powers granted to local housing authorities in NRS 315.450 to 315.470, inclusive, as amended from time to time, in connection with contracts, property, investments and related matters.
2. The provisions of NRS 315.560, 315.570 and 315.600 to 315.780, inclusive, as amended from time to time, concerning powers of local housing authorities with respect to federal aid, housing in rural areas, bond financing and related matters shall apply to the state authority created pursuant to the provisions of sections 2 to 38, inclusive, of this act in the same manner and to the same extent as such provisions are applicable to local authorities.
Sec. 31. All housing projects of the authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated.
Sec. 32. The authority shall agree with the governing body of each affected city, town, county or political subdivision to make such payments in lieu of taxes as it finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of sections 2 to 38, inclusive, of this act.
Sec. 33. No provision of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the authority.
Sec. 34. 1. All real and personal property of the authority, including funds, owned or held by it for the purposes of sections 2 to 38, inclusive, of this act, shall be exempt from levy and sale by virtue of an execution or other judicial process. Execution or other judicial process shall not issue against such property, nor shall any judgment against the authority be a charge or lien upon such property.
2. This section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees or revenues.
κ1973 Statutes of Nevada, Page 620 (CHAPTER 425, AB 485)κ
Sec. 35. 1. The authority shall not construct or operate any housing project for profit or as a source of revenue to the state.
2. The authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low income.
3. To this end the authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient:
(a) To pay, as the same become due, the principal and interest on the bonds of the authority.
(b) To create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds.
(c) To meet the cost of, and to provide for, maintaining and operating the housing projects (including necessary reserves therefor and the cost of any insurance) and the administrative expenses of the authority.
(d) To make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.
Sec. 36. In the operation or management of its housing projects the authority shall at all times observe the following duties with respect to rentals and tenants admissions:
1. It may rent or lease the dwelling accommodations therein only to persons of low income.
2. It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
3. It shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but the authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the authority. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.
Sec. 37. Nothing contained in sections 35 and 36 of this act shall be construed as limiting the power of the authority to vest in an obligee the right, in the event of a default by the authority, to take possession thereof or cause the appointment of a receiver thereof, free from all the restrictions imposed by such sections.
Sec. 38. The provisions of NRS 315.550, as amended from time to time, concerning the powers of state public bodies respecting housing projects of local housing authorities shall apply to housing projects of the state authority undertaken pursuant to the provisions of sections 2 to 38, inclusive, of this act in the same manner and to the same extent as such provisions are applicable to projects of local authorities.
κ1973 Statutes of Nevada, Page 621 (CHAPTER 425, AB 485)κ
projects of local housing authorities shall apply to housing projects of the state authority undertaken pursuant to the provisions of sections 2 to 38, inclusive, of this act in the same manner and to the same extent as such provisions are applicable to projects of local authorities.
________
Senate Bill No. 326Committee on Finance
CHAPTER 426
AN ACT making an appropriation for the satisfaction of a judgment against the state.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state controller the sum of $120,221 for the satisfaction of the judgment entered in the case entitled Wilma Webster et al. v. State of Nevada, being No. 2457368. The state controller may issue his warrant or warrants in a total amount of not more than $120,221 payable to the person or persons in whose favor judgment was entered. The attorney general shall obtain appropriate evidence of satisfaction of this judgment upon payment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 318Senator Pozzi
CHAPTER 427
AN ACT relating to administrative procedure; expanding the provisions for notice of proposed regulations; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233B.060 is hereby amended to read as follows:
233B.060 1. Prior to the adoption, amendment or repeal of any regulation, the agency shall give at least [20] 30 days notice of its intended action.
2. The notice shall:
(a) Include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.
κ1973 Statutes of Nevada, Page 622 (CHAPTER 427, SB 318)κ
be placed upon a mailing list, which shall be kept by the agency for such purpose.
The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. The notice shall state the address or addresses at which the text of the proposed regulation may be inspected and copied.
3. All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, opportunity for oral hearing must be granted if requested by any interested person who will be directly affected by the proposed regulation. The agency shall consider fully all written and oral submissions respecting the proposed regulation.
4. If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A regulation so adopted may be effective for a period of not longer than 120 days, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.
5. No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this section, but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, shall continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies are deposited with the secretary of state on or before July 1, 1965.
6. Upon adoption of a regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
________
Senate Bill No. 304Committee on Federal, State and Local Governments
CHAPTER 428
AN ACT relating to joint municipal organizations; extending to such organizations the tax exempt status of a municipality.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 272 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A joint municipal organization created pursuant to this chapter shall have the tax exempt status of a municipality.
________
κ1973 Statutes of Nevada, Page 623κ
Senate Bill No. 360Committee on Finance
CHAPTER 429
AN ACT relating to public employees retirement; eliminating references to a repealed provision of law and making stylistic corrections.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.580 is hereby amended to read as follows:
286.580 1. Until the first payment of his service retirement allowance [or reduction thereof, permitted under the provisions of paragraph (b) of subsection 3 of NRS 286.550,] becomes normally due, a member who has applied for service retirement, except as otherwise provided in NRS 286.600 and 286.610, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms described in NRS 286.590, subject to the following limitation: In cases involving the maximum unmodified allowance to the member [or reduction thereof as provided in NRS 286.550,] any reduction in his allowance because of an optional selection shall be based upon the ages of the member and the beneficiary as of the date the member attained his maximum unmodified allowance.
2. The election of a converted allowance under any of the optional plans described in NRS 286.590 shall not be effective until the election, upon a form prescribed by the board, is delivered to the office of the board, but the deposit of such election in the mails, postage prepaid, in an envelope addressed to the board, shall be the equivalent of delivery to the board. The postmark date on such envelope shall be deemed the date of delivery.
3. The election of an optional plan under the provisions of NRS 286.600 or 286.610 must be delivered to the office of the board within 60 days after receipt of the election form by the member or his agent or the election shall be declared invalid and shall be rejected by the board. If an election is rejected by the board for failure to deliver it within the prescribed period, the member may file another application for beneficiary protection and the board may proceed as if the second or succeeding applications were original applications.
4. If a member:
(a) Files an application for calculations under NRS 286.600 or 286.610, and dies before the 60-day period provided in subsection 3 expires, he shall be regarded as covered under the provisions of Option 2 of the retirement plan as of the date of death.
(b) Dies after the 60th day but prior to the delivery to the board of a valid election of retirement plan, the benefits payable on his account shall consist of a refund of contributions in accordance with NRS 286.660, or payment of applicable survivor benefits under NRS 286.671 to 286.6792, inclusive, except that members with 25 or more years of service who file, or have filed, application for calculations under NRS 286.600 or 286.610 on or after July 1, 1959, shall be regarded as covered under the provisions of Option 2 of the retirement plans from the date of filing such application with the retirement board to the date of receipt, from the retirement board, of an election form permitting formal acceptance or rejection of coverage under an optional plan.
κ1973 Statutes of Nevada, Page 624 (CHAPTER 429, SB 360)κ
application with the retirement board to the date of receipt, from the retirement board, of an election form permitting formal acceptance or rejection of coverage under an optional plan.
Sec. 2. NRS 286.620 is hereby amended to read as follows:
286.620 1. A member of the system who has had 10 years or more of continuous service, is not eligible for a service retirement allowance, and becomes totally unable to work due to injury or mental or physical illness will receive a disability retirement allowance [; provided:] if:
(a) [That he shall be] He is in the employ of a participating member at the time of incapacitation for service; and
(b) [That he shall have] He has been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation shall be the result of injuries incurred in the course of such employment.
2. If 6 months or more of employment [shall] immediately precede the incapacitation, [it shall not be required that] such injury or mental or physical illness [shall] need not have arisen out of and in the course of employment.
3. Such disability retirement allowance shall be calculated in the same manner and under the same conditions as provided for service retirement calculations in NRS 286.550, except that age [shall not be] is not a condition of eligibility. [nor shall the provisions of paragraph (b) of subsection 3 thereof be used in any manner in such calculation.]
4. No payments under such disability retirement allowance shall be paid for the first 90 days [; provided, that] , but the initial payment shall be retroactive to the last day of compensation for services received by the member.
5. Should death occur during a period of disability any beneficiary named by the member shall receive the surplus of retirement contributions made by the member over the benefits received by the member.
6. Upon attainment of service retirement age while in receipt of a disability retirement allowance, the member shall be regarded as receiving service retirement under NRS 286.520.
________
Assembly Bill No. 149Mr. Torvinen
CHAPTER 430
AN ACT relating to industrial insurance; prohibiting an employee from collecting compensation or accident benefits from an employer under the laws of another state if he had previously collected under Nevada law.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.370 is hereby amended to read as follows:
616.370 1. The rights and remedies provided in this chapter for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.
κ1973 Statutes of Nevada, Page 625 (CHAPTER 430, AB 149)κ
in the course of the employment shall be exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.
2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.
3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons.
4. If an employee receives any compensation or accident benefits under this chapter, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.
________
Assembly Bill No. 4Messrs. Smith and Dini
CHAPTER 431
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; and providing other matters properly relating thereto, approved April 15, 1971, as amended.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.040 of Article I of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 458, is hereby amended to read as follows:
Section 1.040 Annexations. [The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.]
1. There is hereby created the city annexation commission.
2. The number, qualifications, terms and selection of the members of such commission shall be determined by the board of councilmen.
3. The commission shall have all the powers and duties of a city annexation commission created pursuant to NRS 268.626 with respect to annexations to the city.
Sec. 2. Section 2.010 of Article II of the above-entitled act, being chapter 275, Statutes of Nevada 1971, at page 459, is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 626 (CHAPTER 431, AB 4)κ
Section 2.010 Board of councilmen: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of councilmen consisting of four councilmen and a mayor.
2. The mayor and councilmen shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Registered voters within the city [and taxpayers on real property located within the city] for at least 2 years prior to their election.
(c) At least 25 years of age.
(d) Citizens of the United States.
3. All councilmen, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The mayor and councilmen shall receive a salary in an amount fixed by the board of councilmen.
Sec. 3. Section 2.160 of Article II of the above-entitled act, being chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to read as follows:
Section 2.160 Powers of board of councilmen: Police ordinances.
1. The board of councilmen may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
2. Any offense made a misdemeanor by the laws of the State of Nevada [shall also be deemed to be a misdemeanor in the city] may also be established by ordinance of the board of councilmen as a city offense whenever such offense is committed within the city.
Sec. 4. The above-entitled act, being chapter 275, Statutes of Nevada 1971, at page 457, is hereby amended by adding thereto a new article to be designated as Article X, which shall immediately follow Article IX and shall read as follows:
ARTICLE X
Transitional Provisions
Section 10.010 Continuation of certain officers.
1. The councilman elected at large to a 4-year term at the general municipal election held June 3, 1969, shall continue in office as a councilman until the election, and qualification thereafter, of his successor at the general municipal election to be held on the first Tuesday after the first Monday of June, 1973. The successor shall serve a 4-year term until the election, and qualification thereafter, in turn, of his successor pursuant to subsection 2 of section 5.010.
2. The two councilmen elected at large for 2-year terms each at the general municipal election held June 8, 1971, shall continue in office as councilmen until the election, and qualification thereafter, of their successors at the general municipal election to be held on the first Tuesday after the first Monday of June, 1973. The successors shall each serve a 4-year term until the election, and qualification thereafter, in turn, of their successors pursuant to subsection 2 of section 5.010.
3. The councilman elected at large to a 4-year term at the general municipal election held June 8, 1971, shall continue in office as a councilman until the election, and qualification thereafter, of his successor pursuant to subsection 1 of section 5.010.
κ1973 Statutes of Nevada, Page 627 (CHAPTER 431, AB 4)κ
municipal election held June 8, 1971, shall continue in office as a councilman until the election, and qualification thereafter, of his successor pursuant to subsection 1 of section 5.010.
4. The mayor, elected to a 4-year term at the general municipal election held June 8, 1971, shall continue in the office of mayor until the election, and qualification thereafter, of his successor pursuant to subsection 1 of section 5.010.
Sec. 5. Section 4 of this act shall become effective upon passage and approval.
________
Assembly Bill No. 160Committee on Transportation
CHAPTER 432
AN ACT relating to the motor carrier division of the department of motor vehicles; removing the limitation on the number of field agents and inspectors and increasing their jurisdiction; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.049 is hereby amended to read as follows:
481.049 In addition to other necessary personnel, there shall be employed in the motor carrier division of the department of motor vehicles [one inspector and 20] , within the limits of legislative appropriations, an appropriate number of field agents and inspectors whose duties shall be:
1. To enforce the motor vehicle carrier law contained in chapter 706 of NRS.
2. To enforce the provisions of chapters 365, 366, 482, 483, [and] 484 and 487 of NRS.
________
Senate Bill No. 329Committee on Federal, State and Local Governments
CHAPTER 433
AN ACT relating to public property and purchasing; changing procedures for payment of certain administrative expenses of operating the central mail room and purchasing state supplies; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.105 is hereby amended to read as follows:
331.105 1. The superintendent shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada.
κ1973 Statutes of Nevada, Page 628 (CHAPTER 433, SB 329)κ
Carson City, Nevada. [, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.]
2. Any state officer, department or agency [not supported in whole or in part by legislative appropriation from the general fund in the state treasury] may use the central mailing room facilities if such state officer, department or agency pays the cost of such use as determined by the superintendent. Moneys collected from such state officers, departments or agencies for use of the central mailing room facilities shall be deposited in the mail service working capital fund in the state treasury.
3. The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the legal division of the legislative counsel bureau, other than interoffice mail, of all state officers, department and agencies using the central mailing room facilities.
[4. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund in the state treasury.]
Sec. 2. NRS 333.450 is hereby amended to read as follows:
333.450 1. All claims for supplies, materials and equipment purchased pursuant to the provisions of this chapter shall, when approved by the chief, be audited and paid out of the working capital account in the same manner as other claims against the state are required to be audited and paid.
2. The amount of administrative and handling charges shall be determined by the chief in each case, but shall not exceed a uniform percentage basis charge between departments or using agencies. [; and the total amount of the administrative and handling charges shall not exceed the total savings effected by reason of the purchase through the purchasing division.]
3. The amount receivable from each using agency to which supplies, material or equipment is delivered shall include:
(a) The cost to the division of the items delivered; and
(b) The charges as determined pursuant to subsection 2.
________
Assembly Bill No. 91Committee on Transportation
CHAPTER 434
AN ACT relating to vehicle dealers and rebuilders licenses; enlarging the conditions upon which a license may be revoked by the department of motor vehicles.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance of or revoke a dealers or rebuilders license upon any of the following grounds:
κ1973 Statutes of Nevada, Page 629 (CHAPTER 434, AB 91)κ
(a) Failure of the applicant to have an established place of business in this state.
(b) That the applicant or licensee has been convicted of a felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant [.] or licensee.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director. For the purpose of this subsection, failure to comply with the directives of the director advising the licensee of his noncompliance with any provisions of the motor vehicle laws of this state or rules and regulations of the department, within 10 days after receipt of such directive, is prima facie evidence of willful failure to comply with such directive.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of such licensee to maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against such licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
2. The director shall not be limited to the above grounds but may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
________
Assembly Bill No. 848Committee on Environment and Public Resources
CHAPTER 435
AN ACT relating to the Nevada department of fish and game; removing the requirement that certain money received by the department be deposited in interest-bearing accounts; prescribing accounting procedures; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.356 is hereby amended to read as follows:
501.356 1. There is hereby created a fund to be known as and called the fish and game fund, which fund shall be kept in the state treasury, and, subject to the provisions of subsection 2, shall consist of all moneys received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 and NRS 488.1793, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and moneys from all other sources as provided by law, including appropriations made by the legislature.
κ1973 Statutes of Nevada, Page 630 (CHAPTER 435, AB 848)κ
2. [The moneys during any fiscal year received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 and NRS 488.1793, remittances from the state treasurer received pursuant to the provisions of NRS 365.535 and moneys received from all other sources except appropriations, gifts and federal funds obtained under NRS 501.115 and 501.117, shall, upon receipt, be deposited at interest, with the written approval of the state board of finance, in any state or national bank or banks or savings associations in the State of Nevada.] Revenue from the sale of licenses, NRS 488.075, 488.1793, 365.535 and all other sources except appropriations, gifts, grants and federal funds shall if received prior to June 30 of the year earned, and may if received subsequent to June 30 of the year earned, be deposited at interest with the written approval of the State Board of Finance in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred periodically, commencing at the beginning of each fiscal year, to the [fish and game fund] state treasurer for the use of the department during that fiscal year. Appropriations, gifts, grants and federal funds when received shall be deposited in the state treasury to the credit of the fish and game fund.
3. The department may use so much of any such available moneys as may be necessary for:
(a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.
(b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.
(c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.
(d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.
(e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.
(f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the department pursuant to the provisions of NRS 365.535 and 488.075 and NRS 488.1793.
4. All moneys in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use, and shall not revert to general state funds. Accounting procedures in the administration of the fish and game fund shall be consistent with the provisions of the Fiscal and Accounting Procedures Law.
Sec. 2. NRS 501.366 is hereby repealed.
________
κ1973 Statutes of Nevada, Page 631κ
Assembly Bill No. 682Mr. Torvinen
CHAPTER 436
AN ACT relating to appeals to district court; requiring that a justice notify the appellant when papers have been transmitted to the district court; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 189.030 is hereby amended to read as follows:
189.030 1. The justice must, within 10 days after the notice of appeal is filed, transmit to the clerk of the district court all papers relating to the case and a certified copy of his docket.
2. The justice shall give notice to the appellant or his attorney that all such papers have been filed with the clerk of the district court.
________
Assembly Bill No. 739Messrs. Bremner, Fry, Getto and Vergiels
CHAPTER 437
AN ACT relating to the regulation of watercraft; dispensing with the Nevada titling of motorboats already covered by a federally approved titling system or a title system of another state.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 488.175 is hereby amended to read as follows:
488.175 1. Except as provided in subsection 2, a motorboat need not be numbered [or titled] pursuant to the provisions of this chapter if it is:
(a) Already covered by a number [and certificate of ownership] in effect which has been awarded or issued to it pursuant to federal law or a federally approved numbering system of another state [or a title system of another state,] if such boat has not been within this state for a period in excess of 90 consecutive days.
(b) A motorboat from a country other than the United States temporarily using the waters of this state.
(c) A public vessel of the United States, a state or a political subdivision of a state.
(d) A ships lifeboat.
(e) A motorboat belonging to a class of boats which has been exempted from numbering by the department after it has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.
κ1973 Statutes of Nevada, Page 632 (CHAPTER 437, AB 739)κ
the motorboat would also be exempt from numbering if it were subject to the federal law.
2. The department, pursuant to department regulation, may issue exempt numbers for motorboats not required to be registered under the provisions of this chapter.
3. A motorboat need not be titled pursuant to the provisions of this chapter, if it is already covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state.
Sec. 2. NRS 488.179 is hereby repealed.
________
Senate Bill No. 561Committee on Federal, State and Local Governments
CHAPTER 438
AN ACT relating to county government; authorizing certain counties to establish scholarship funds for medical students who need assistance and who agree to return, after graduation and certification, to such counties for residency and professional practice.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The legislature finds that:
1. Many of the less populous counties of the state have experienced shortages of physicians, surgeons, anesthetists, dentists, other medical professionals and physicians assistants.
2. By granting county scholarships to students in such medical professions who will agree to return to the counties for residence and practice, these counties can alleviate the shortages to a degree and thereby provide their people with needed health services.
Sec. 3. 1. In addition to the powers elsewhere conferred upon all counties, any county whose population is less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may establish a medical scholarship program to induce students in the medical professions for the purposes of sections 2 to 5, inclusive, of this act shall include persons studying to be physicians assistants...........................................
2. The boards of county commissioners of such counties may appropriate moneys from the general fund of the counties for medical scholarship funds and may accept private contributions to augment the scholarship funds.
Sec. 4. If a medical scholarship fund is created, the board of county commissioners may grant individual scholarships but shall first require each recipient to:
1. Show his financial need for the scholarship.
κ1973 Statutes of Nevada, Page 633 (CHAPTER 438, SB 561)κ
2. Execute a written agreement that, after completing his studies and achieving professional certification, he will return to the county and practice the profession for a number of years to be specified by the board, not less than the number of years during which he received the countys assistance for his education.
Sec. 5. In awarding individual medical scholarships, the board of county commissioners may:
1. Require applicants to obtain a prior review of their qualifications and approval thereof by the board of hospital trustees of the public hospital in the county or of a designated public hospital.
2. Give preference to applicants whose residence and personal ties in the local community indicate the likelihood of a return to permanent residency and practice in the community.
3. Determine the amount and duration of payments and other matters involved in scholarship grants.
4. Contract with the recipient concerning the terms of any repayment of moneys awarded.
________
Senate Bill No. 563Committee on Judiciary
CHAPTER 439
AN ACT relating to controlled substances; imposing conditions upon the maintenance of a stock thereof in extended care facilities; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A convalescent center, nursing home, geriatric home or other extended care facility which is duly licensed as such by the health division of the department of health, welfare and rehabilitation and is registered with the board pursuant to this chapter may maintain a stock of controlled substances as defined in chapter 453 of NRS, for emergency treatment of inpatients, subject to the following conditions:
1. The board shall by regulation determine the specific controlled substance and the quantities thereof which may be maintained pursuant to this section.
2. The emergency stock of controlled substances shall be maintained at all times in a solid, sealed container and the seal shall remain intact except when the controlled substances are needed for emergency treatment of inpatients. The sealed container shall be stored at all times in a solid locked cabinet on the premises of the care facility.
3. All controlled substances delivered to a care facility shall be signed for by the head nurse or other person in charge. An inventory of the stock of controlled substances shall be appended to the sealed container. At the time the controlled substances are needed, the head nurse or other person in charge who breaks the seal shall enter on the inventory sheet the following information:
κ1973 Statutes of Nevada, Page 634 (CHAPTER 439, SB 563)κ
in charge who breaks the seal shall enter on the inventory sheet the following information:
(a) The date and time the sealed container is opened;
(b) The name of the patient for whom the controlled substances are to be used;
(c) The name of the patients physician or the physician who directs the administration of the controlled substances, if different;
(d) An itemization of the controlled substances removed; and
(e) The signature of the person who opened the sealed container.
4. When the controlled substances needed have been removed and the information required by subsection 3 has been entered on the inventory, the head nurse or other person in charge shall immediately replace the container in a solid locked cabinet and shall notify the pharmaceutical consultant, as soon as it is practical to do so, that the container has been opened.
5. The sealed container and its contents shall at all times remain the responsibility of the pharmaceutical consultant. Upon being notified that the sealed container has been opened, or on the next business day if notification is not received during business hours, but in no event more than 48 hours following receipt of such notification, the pharmaceutical consultant shall:
(a) Examine the inventory sheet;
(b) Replace the controlled substances removed;
(c) Secure a written prescription for the controlled substance replaced, if one is required by law;
(d) Enter the name and quantity of the controlled substances so replaced on the inventory sheet, together with the date and time of replacement;
(e) Reseal the container; and
(f) Sign the inventory sheet.
6. The board, its agents and inspectors shall at all times have free access to the premises of the care facility to determine compliance with this section.
________
Senate Bill No. 577Committee on Judiciary
CHAPTER 440
AN ACT relating to appointment of administrators of estates; removing male preference for appointment; and providing other matters properly relating thereto.
[Approved April 19, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 139.060 is hereby amended to read as follows:
139.060 When there shall be several persons claiming and equally entitled to the administration, [males shall be preferred to females, and] relatives of the whole blood are preferred to those of the half blood.
________
κ1973 Statutes of Nevada, Page 635κ
Senate Bill No. 448Senator Walker
CHAPTER 441
AN ACT relating to Chinese medicine; regulating its practice separately; providing standards, qualifications and licensing of practitioners; providing a penalty; and providing other matters properly relating thereto.
[Approved April 19, 1973]
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 24, inclusive, of this act.
Sec. 2. The practice of Chinese medicine and any branch thereof is hereby declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the state.
Sec. 3. Unless the context otherwise requires, the words, phrases and derivatives thereof employed in this chapter have the meanings ascribed to them in this section.
1. Acupuncture means the insertion of needles into the human body by piercing the skin of the body, for the purpose of controlling and regulating the flow and balance of energy in the body.
2. Board means the state board of Chinese medicine.
3. Doctor of acupuncture means a person who has been licensed under the provisions of this chapter to practice the art of healing known as acupuncture.
4. Doctor of herbal medicine means a person who has been licensed under the provisions of this chapter to practice the art of healing known as herbal medicine.
5. Doctor of traditional Chinese medicine means a person who has been licensed under the provisions of this chapter to practice the art of healing through traditional Chinese medicine.
6. Herbal medicine and practice of herbal medicine mean suggesting, recommending, prescribing or directing the use of herbs for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, bodily injury or deformity.
7. Herbs means plants or parts of plants valued for medicinal qualities.
8. Licensed acupuncture assistant means a person who assists in the practice of acupuncture under the direct supervision of a person licensed under the provisions of this chapter to practice traditional Chinese medicine or acupuncture.
9. Traditional Chinese medicine means that system of the healing art which places the chief emphasis on the flow and balance of energy in the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease and includes the practice of acupuncture and herbal medicine.
Sec. 4. 1. A school or college of Chinese medicine may be established and maintained in this state only if:
(a) Its establishment is approved by the board.
κ1973 Statutes of Nevada, Page 636 (CHAPTER 441, SB 448)κ
(b) Its curriculum is approved annually by the board for content and quality of instruction in accordance with the requirements of this chapter.
2. The board may prescribe the courses of study required for the respective degrees of doctor of acupuncture, doctor of herbal medicine and doctor of traditional Chinese medicine.
Sec. 5. 1. The state board of Chinese medicine, consisting of five members appointed by the governor, is hereby created.
2. The governor shall appoint the members as soon as feasible after the effective date of this act. Their terms shall be as follows:
(a) Two members shall hold office for 1 year;
(b) Two members shall hold office for 2 years;
(c) One member shall hold office for 3 years; and
(d) Thereafter, all terms shall be for 3 years.
3. The governor shall appoint persons to fill vacancies for the remainder of an unexpired term.
4. Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution before someone qualified to administer oaths.
Sec. 6. All members of the board shall be citizens of the United States and residents of the State of Nevada.
Sec. 7. Each member of the board shall receive:
1. A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 8. The board shall annually elect from its members a president, vice president and secretary-treasurer, and may fix and pay a salary to the secretary-treasurer.
Sec. 9. The board may:
1. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to discharge its duties. For the purpose of conducting its examinations, the board may call to its aid persons of established reputation and known ability in Chinese medicine;
2. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter;
3. Promulgate rules and regulations, or either of them, not inconsistent with the provisions of this chapter; and
4. Compel the attendance of witnesses and the production of evidence by subpena and the board may administer oaths.
Sec. 10. The board shall:
1. Hold meetings at least once a year and at any other time at the request of the president of the majority of the members;
2. Have and use a common seal;
3. Deposit in interest-bearing accounts in the State of Nevada all moneys received under the provisions of this chapter, which shall be used to defray the expenses of the board;
4. Operate on the basis of the fiscal year beginning July 1, and ending June 30; and
5. Keep a record of its proceedings which shall be open to the public at all times and which shall also contain the name and business address of every registered licensee in this state.
κ1973 Statutes of Nevada, Page 637 (CHAPTER 441, SB 448)κ
at all times and which shall also contain the name and business address of every registered licensee in this state.
Sec. 10.5. 1. The Chinese medicine advisory committee, consisting of 5 members appointed by the governor, is hereby created.
2. The governor shall appoint the members of the advisory committee as soon as feasible after the effective date of this act. Their terms shall be as follows:
(a) Two members shall hold office for 1 year;
(b) Two members shall hold office for 2 years;
(c) Two members shall hold office for 3 years; and
(d) Thereafter, all terms shall be for 3 years.
3. Members of the advisory committee shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by this chapter to the board.
4. The advisory committee shall advise the board regarding licensing, curriculum of a school or college of Chinese medicine established pursuant to section 4 of this act, or any other duties of the board created by this chapter.
5. The advisory committee may receive, if authorized by the board, the same salary, subsistence, and travel expense provided by section 7 of this act.
Sec. 11. An applicant for examination for a license to practice traditional Chinese medicine or any branch thereof, shall:
1. Submit an application to the board on forms provided by the board;
2. Submit satisfactory evidence that he is 21 years or older and meets the appropriate educational requirements; and
3. Pay a fee of $100.
Sec. 12. 1. Examinations shall be given at least twice a year at a time and place fixed by the board.
2. Applicants for licenses to practice acupuncture, herbal medicine and traditional Chinese medicine and to practice as an acupuncture assistant shall be examined in the respectively appropriate subjects as determined by the board.
Sec. 13. Persons licensed pursuant to this chapter are not subject to the provisions of chapters 629 and 630 of NRS.
Sec. 14. The board may waive examination and grant a certificate of doctor of traditional Chinese medicine to any applicant who:
1. Has applied in writing to the board not later than 120 days after the effective date of this act;
2. Obtained a certificate from the Republic of China, the Peoples Republic of China, Korea or Japan acknowledging that the applicant was qualified to practice Chinese Medicine;
3. Has practiced traditional Chinese medicine for at least 20 years immediately prior to the effective date of this act; and
4. Submits with his application a filing fee of $100.
Sec. 15. The board shall issue a license for the practice of traditional Chinese medicine or a license for the practice of acupuncture where the applicant:
1. Has a license or certificate from the government of the Republic of China, Peoples Republic of China, Korea or Japan which acknowledges that the applicant has the qualifications to practice Chinese medicine or acupuncture, or has successfully completed a course of study of 48 months in Chinese medicine or 36 months in acupuncture at a college in Hong Kong;
κ1973 Statutes of Nevada, Page 638 (CHAPTER 441, SB 448)κ
of China, Peoples Republic of China, Korea or Japan which acknowledges that the applicant has the qualifications to practice Chinese medicine or acupuncture, or has successfully completed a course of study of 48 months in Chinese medicine or 36 months in acupuncture at a college in Hong Kong;
2. Has practiced traditional Chinese medicine or acupuncture for 10 years; and
3. Passes the examination of the board.
Sec. 16. An applicant for a license for acupuncture assistant shall be issued a license by the board if he:
1. Has successfully completed a course of study in acupuncture in any college or school in any country, territory, province or state requiring an attendance of 36 months;
2. Practiced acupuncture for not less than 3 years; and
3. Passes the examination of the board for acupuncture assistant.
Sec. 17. It is unlawful for any person licensed under the provisions of this chapter to prescribe herbal medication unless the herbs prescribed have been approved by the Food and Drug Administration for use for the prevention or alleviation or cure of illness or disease or for relief from suffering.
Sec. 18. 1. Every person holding a license authorizing him to practice traditional Chinese medicine, acupuncture, herbal medicine or to serve as an acupuncture assistant in this state shall record his license in the office of the county clerk of the county of his office and residence. Every licensee upon a change of residence or office shall have his certificate recorded in like manner in the county to which he has changed.
2. Every license shall be displayed in the office, place of business or place of employment of the holder thereof.
3. Every person holding a license who is a resident of the state shall pay an annual registration fee of $20 to the secretary-treasurer of the board on or before February 1. If the holder of a license fails to pay the registration fee his license shall be suspended. The license may be reinstated by payment of the required fee within 90 days after February 1.
4. A license which is suspended for more than 3 months under the provisions of subsection 3 may be canceled by the board after 30 days notice to the holder of the license.
5. Every person holding a license who is not a resident of the state shall pay an annual registration fee of $5 to the secretary-treasurer of the board on or before February 1.
Sec. 19. The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS, as shown by a certified copy of record of the court;
2. The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;
κ1973 Statutes of Nevada, Page 639 (CHAPTER 441, SB 448)κ
3. Gross malpractice;
4. Advertising by means of knowingly false or deceptive statement;
5. Advertising, practicing or attempting to practice under a name other than ones own;
6. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS;
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;
8. Sustaining a physical or mental disability which renders further practice dangerous;
9. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;
10. Using any false or fraudulent statement in connection with the practice of traditional Chinese medicine or any branch thereof;
11. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;
12. Being adjudicated incompetent or insane;
13. Advertising in an unethical or unprofessional manner;
14. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;
15. Willful disclosure of a privileged communication;
16. Failure of a licensee to designate his school of practice in the professional use of his name by the term traditional Chinese doctor, doctor of acupuncture, doctor of herbal medicine or acupuncture assistant, as the case may be;
17. Willful violation of the law relating to the health, safety or welfare of the public or of the rules and regulations promulgated by the state board of health; and
18. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, except for the prevention, alleviation or cure of disease or for relief from suffering.
Sec. 20. The board shall not refuse to issue, refuse to renew, suspend or revoke any license for any of the causes enumerated in section 21, of this act, unless the person accused has been given at least 20 days notice in writing of the charge against him and a hearing by the board.
Sec. 21. Traditional Chinese doctors and doctors of acupuncture shall observe and be subject to all state and municipal regulations relative to reporting all births and deaths in all matters pertaining to the public health.
Sec. 22. 1. This chapter does not apply to Chinese physicians who are called into this state for consultation.
2. This chapter does not prohibit:
(a) Gratuitous services of druggists or other persons in cased of emergency;
(b) The domestic administration of family remedies;
(c) Any person from assisting any person in the practice of the healing arts licensed under this chapter, except that such person may not insert needles into the skin or prescribe herbal medicine.
κ1973 Statutes of Nevada, Page 640 (CHAPTER 441, SB 448)κ
Sec. 23. 1. The board may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing Chinese medicine or any branch thereof without a license.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provisions being understood to be a preventive as well as a punitive measure.
(b) Shall not relieve such person from criminal prosecution for practicing without a license.
Sec. 24. A person who represents himself as a practitioner of traditional Chinese medicine, or any branch thereof, and who engages in the practice of traditional Chinese medicine, or any branch thereof, in this state without holding a valid license issued by the board is guilty of a gross misdemeanor.
Sec. 25. This act shall become effective upon passage and approval.
________
Senate Bill No. 610Committee on Taxation
CHAPTER 442
AN ACT creating a committee to study assessment and tax equities and the structure of the Nevada tax commission; requiring the committee to report to the governor before the next legislative session; making an appropriation; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A committee to study assessment and tax equities is hereby created. The committee shall be bipartisan in nature and shall be composed of nine members, four of whom shall represent both houses of the legislature. The governor shall appoint the members and shall designate one of their number as chairman.
Sec. 2. The committee shall:
1. Undertake an evaluation study of assessment and tax equities in the area for which the Nevada tax commission is statutorily responsible, including:
(a) Agriculture and livestock assessment;
(b) Utility and railroad valuation;
(c) Taxes on net proceeds of mines; and
(d) Validity of annual assessment studies within the counties.
2. Review the propriety of the composition of the Nevada tax commission as to providing fair and adequate representation for all the various groups of property taxpayers.
Sec. 3. 1. The committee may request, and shall be furnished staff assistance from the executive agencies of the state, the University of Nevada System and the legislative counsel bureau for the committees conduct of the study and preparation of a report based thereon.
κ1973 Statutes of Nevada, Page 641 (CHAPTER 442, SB 610)κ
2. Within the limit of appropriated funds, the committee may contract for services that will be of assistance in its undertaking.
Sec. 4. The members of the committee are entitled to receive the per diem expense allowance and travel expenses as provided by law.
Sec. 5. Prior to the commencement of the 58th session of the legislature, the committee shall submit to the governor a report of the committees findings as to assessment and tax equities and shall also present recommendations as to a more appropriate and effective composition or structure for the Nevada tax commission if the committee considers such a restructuring to be in the best interests of the people of the state.
Sec. 6. There is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the director of the department of administration for use of the committee in carrying out the provisions of this act.
________
Senate Bill No. 390Senators Close, Dodge, Lamb, Gibson and Brown
CHAPTER 443
AN ACT relating to legislative bills; requiring fiscal notes to be prepared for all bills which have a certain fiscal impact; excepting bills relating exclusively to the executive budget; eliminating the requirement that the fiscal analyst review notes and prepare findings upon request; clarifying procedure; defining responsibilities; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.272 is hereby amended to read as follows:
218.272 1. Before any bill which makes an appropriation or changes any existing appropriation, fiscal liability or revenue which appears to be in excess of $2,000 is considered at a public hearing of any committee of the assembly or the senate, or before any vote is taken thereon by such committee, the legislative counsel shall obtain a fiscal note containing a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill, including, to the extent possible, a projection of such changes in future biennia.
2. Except as otherwise provided in NRS 218.272 to 218.2758, inclusive, or in the joint rules of the senate and assembly, such estimates shall be made by the agency receiving the appropriation or collecting the revenue.
3. The fiscal note is not required on any bill relating exclusively to the executive budget.
Sec. 2. NRS 218.273 is hereby amended to read as follows:
218.273 1. Except as provided in subsection 2, fiscal notes are required on original bills only and not on amendments.
2. Whenever an amendment adopted by one house so affects a bill that the original fiscal note ceases to be valid, the presiding officer may direct the legislative counsel [shall] to obtain a new fiscal note showing the [fiscal] effect of the bill as amended.
κ1973 Statutes of Nevada, Page 642 (CHAPTER 443, SB 390)κ
Sec. 3. NRS 218.275 is hereby amended to read as follows:
218.275 1. The name of the agency preparing the note shall appear at the end thereof with the signature of the official of the agency who is primarily responsible for preparing the note.
2. The department of administration shall review the fiscal notes prepared by the agencies before such notes are returned to the legislature. [and indicate its approval thereof.] If the department of administration disagrees with a fiscal note prepared by the agency, it may submit a supplementary fiscal note for such bill.
[3. Upon request of a legislator, the fiscal analyst shall review any fiscal note and submit his findings to the requester. The legislator may have the fiscal analysts findings made a part of the fiscal note.]
Sec. 4. NRS 218.2754 is hereby amended to read as follows:
218.2754 The summary of each bill introduced in the legislature shall include either the statement Fiscal Note: [Yes,] Yes or Fiscal Note: No, or Fiscal Note: Effect less than $2,000, whichever is appropriate. The legislative counsel shall [initially] determine whether a bill being drafted requires a fiscal note.
Sec. 5. NRS 218.2755 is hereby amended to read as follows:
218.2755 1. [If a required fiscal note does not accompany the request of an agency for the drafting of a bill, the legislative counsel may proceed to draft the bill, but shall in any case inform the agency that a fiscal note is required.] After a bill has been drafted, the legislative counsel shall inform the requester that a fiscal note is required when he submits the draft to the requester for review. If the requester so directs, the legislative counsel shall promptly determine the agency to which the bill should be submitted and shall submit it for a fiscal note. If the requester is a legislator and desires to introduce the bill without a fiscal note, he may do so, but when the bill is introduced, the legislative counsel shall promptly determine the agency to which the bill is to be submitted and shall forward it to the agency to obtain the fiscal note.
2. The agency shall prepare the note in quadruplicate and return it within the required time to the legislative counsel.
Sec. 6. NRS 218.2756 is hereby amended to read as follows:
218.2756 1. If the fiscal note is obtained before the bill is introduced the legislative counsel shall submit a copy of the note to the [legislator who requests the bill for introduction. If the legislator] requester. If the requester desires to introduce the bill, the legislative counsel shall attach [the original, signed] a duplicate copy of the note to the bill and shall prepare the bill for introduction. [A duplicate] The original, signed copy of the note shall be [attached to the printers copy of the bill.] retained by the legislative counsel to be used as printers copy after the bill is introduced.
2. If the fiscal note is obtained after the bill has been introduced, the legislative counsel shall forward [the original, signed] a duplicate copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the [duplicate] original, signed copy to the superintendent of the department of state printing for the purposes of printing.
3. The triplicate copy of the fiscal note shall be retained by the legislative counsel.
κ1973 Statutes of Nevada, Page 643 (CHAPTER 443, SB 390)κ
Sec. 7. NRS 218.2758 is hereby amended to read as follows:
218.2758 Any legislator [, upon approval of a majority of his house,] may at any time while a bill is before [the] his house raise the issue that such bill requires a fiscal note, and [the legislative counsel shall] if the presiding officer determines that the bill requires a note he shall request the legislative counsel to obtain the note before further action is taken.
Sec. 8. NRS 218.271 is hereby repealed.
________
Senate Bill No. 460Senator Young
CHAPTER 444
AN ACT relating to the urban planning division of the state planning board; extending its duties to include the evaluation of proposed subdivisions in certain counties; providing for assessment of fees against subdividers for evaluation services; providing for state matching funds for technical services; making an appropriation therefor; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. The provisions of sections 2 to 8, inclusive, of this act apply to counties having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 3. Upon the filing of a tentative map with the planning commission, or with the clerk of the governing body if there is no planning commission, the planning commission or the governing body may submit such map to the urban planning division of the state planning board for an evaluation, as provided by sections 2 to 8, inclusive, of this act.
Sec. 4. 1. The urban planning division of the state planning board shall be the clearinghouse for requests from governing bodies of cities and counties or from planning commissions.
2. Upon receipt of a request for evaluation of a tentative map, the division shall direct the appropriate state departments or agencies to review and comment upon the proposed subdivision.
3. As soon as possible, but no longer than 30 days from the receipt of a request from a governing body or a planning commission, the division shall transmit the comments and recommendations of the various state departments and agencies to the planning commission or to the governing body.
Sec. 5. The state departments and agencies shall be guided by the provisions of chapter 278 of NRS in their review of the tentative maps presented to them by the urban planning division of the state planning board.
κ1973 Statutes of Nevada, Page 644 (CHAPTER 444, SB 460)κ
Sec. 6. 1. Each county or city governing body desiring to avail itself of the services provided through the auspices of the urban planning division of the state planning board pursuant to sections 2 to 8, inclusive, of this act shall by ordinance adopt a fee schedule of charges to be assessed against the subdivider for such services.
2. Such schedule shall be fixed after consultation with the division.
3. Fees collected shall be remitted to the division along with the tentative map and request for review.
4. Such fees or portions thereof, may be used for the purposes of providing matching funds as set forth in section 7 of this act.
Sec. 7. Funds or portions thereof, appropriated to the urban planning division of the state planning board for the purposes of evaluation as provided in section 3 of this act may be made available, on an equal matching basis, to eligible counties and cities for the purpose of employing technical staff or contracting for the services of a consultant to assist in evaluating tentative maps of subdivisions. In areas where regional planning agencies exist, counties and cities of the areas may elect to have such funds made available to the regional agency.
Sec. 8. The urban planning division of the state planning board shall establish standard governing the professional qualifications of persons employed or consultants utilized under the provisions of section 7 of this act.
Sec. 9. There is hereby appropriated from the general fund in the state treasury to the urban planning division of the state planning board the sum of $125,000 for the purpose of assisting cities and counties in their evaluation of and action upon proposed subdivisions. The funds hereby appropriated may be used in counties set forth in section 2 of this act or for cities located therein according to criteria to be established by the urban planning division of the state planning board showing need and intention to apply the funds in the way so prescribed by such criteria. The funds, or portions thereof, may also be used by the division for providing the evaluation provided for in section 3 of this act or may be made available, on an equal matching basis, to eligible counties or cities as provided in section 7 of this act.
Sec. 10. This act shall become effective upon passage and approval.
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Senate Bill No. 536Committee on Commerce and Labor
CHAPTER 445
AN ACT to amend NRS 608.160, relating to compensation and wages, by limiting the prohibition on applying tips toward minimum wages to state imposed minimums.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 608.160 is hereby amended to read as follows:
608.160 1. It is unlawful for any person to:
κ1973 Statutes of Nevada, Page 645 (CHAPTER 445, SB 536)κ
(a) Take all or part of any tips or gratuities bestowed upon his employees.
(b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this state any tips or gratuities bestowed upon his employees.
2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.
________
Senate Bill No. 585Committee on Education
CHAPTER 446
AN ACT relating to education; allowing school districts to institute extended school year programs; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.080 is hereby amended to read as follows:
388.080 [The] 1. Except as otherwise provided in subsection 2, the public school year shall commence on the 1st day of July and shall end on the last day of June.
2. After notification to the state department of education that an extended school year program will be operative, and county school district may request extension of the school year beyond the last day of June for each year of such program.
________
κ1973 Statutes of Nevada, Page 646κ
Senate Bill No. 286Committee on Federal, State and Local Governments
CHAPTER 447
AN ACT designated as the CCSD No. 1 Sewerage Consolidation Law; relating to sanitary sewer facilities and services within the county of Clark; abolishing designated districts therein authorized to exercise the basic power of furnishing sanitary sewer facilities and services pertaining thereto; annexing designated unincorporated areas, including, without limitation, the areas formerly included within such abolished districts, to Clark County Sanitation District No. 1; designating it as a successor to the abolished districts; concerning outstanding securities thereof and the issuance of refunding and other securities by such reorganized district; authorizing and providing procedures for the transfer thereto from the unincorporated town of Searchlight of the basic power of furnishing within the town sanitary sewer facilities and related services, properties, rights and privileges; providing for detachment of areas from the district by annexations to incorporated cities; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with Clark County Sanitation District No. 1, the abolished districts, the town, such facilities, such securities, the taxes and other revenues for their payment, their proceeds, other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Short title. This act shall be known by the short title and may be cited as the CCSD No. 1 Sewerage Consolidation Law.
Sec. 2. Legislative determination. The legislature by this act determines, finds and declares:
1. All property to be acquired by the district hereunder shall be owned, operated, administered and maintained for and on behalf of all the people of the district.
2. The reorganization of the district hereby promotes the health, comfort, safety, convenience and welfare of all the people of the state and will be of special benefit to the inhabitants of the district and the property therein.,
3. The provision in this act of the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities concerning the district will serve a public purpose.
4. The district, as reorganized hereby, is a body corporate and politic, a political subdivision of the state and a quasi-municipal corporation.
5. Any notice provided for herein for any purpose is reasonably calculated to inform each person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests, if any.
6. The necessity for this act results from:
(a) The large population growth in the urban areas hereby included within the district, constituting in the aggregate a significant portion of the states population;
(b) The numerous capital improvements and large amount of improved real property situated within such urban areas;
(c) The inclusion in Clark County of certain relatively small, isolated and lightly populated urban areas which are located substantial distances from each other and from the main urban area in the county situate in the Las Vegas Valley;
κ1973 Statutes of Nevada, Page 647 (CHAPTER 447, SB 286)κ
from each other and from the main urban area in the county situate in the Las Vegas Valley;
(d) The increasing amounts of sanitary sewer effluent, sewage and industrial and other water-carried wastes arising from the use by the inhabitants in such urban areas of such capital improvements and improved real property, coupled with the increasingly higher standards imposed from time to time by the federal and state governments in the treatment and other disposal of such water-carried wastes, and with the threat of certain sanctions to be imposed by such governments for any failure to comply with the applicable standards from time to time;
(e) The substantially higher costs per inhabitant in the construction and other acquisition of additional sanitary sewerage collection and disposal facilities serving such small, isolated and lightly populated urban areas and required to meet such governmental standards, and the resultant proposed unreasonably higher service and other sanitary sewer charges and general ad valorem taxes, or any combination thereof with any other revenues available to defray operation and maintenance costs of the facilities in the respective urban areas and the costs of such capital improvements, and the principal of and interest on bonds and any other securities issued to defray wholly or in part the costs of such capital improvements, as such principal and interest become due;
(f) The apparent inability of sanitation districts to pay without default the principal of and interest on outstanding securities issued or to be issued thereby for the construction and other acquisition of sanitation facilities with revenues derived from the operation of the respective systems serving such urban areas in the absence of the levy and collection of unreasonably high service and use charges;
(g) The pollution of raw water and sources of water supply as a result of certain substantial inadequacies in sanitary sewerage collection, treatment and disposal facilities serving such urban areas;
(h) The arid or semiarid nature of the urban areas, the scarcity of water therein, the necessity of the development of larger water supplies for the urban areas, including without limitation, the inclusion within such water supplies of properly and adequately treated sewage effluent or the exclusion therefrom of improperly or inadequately treated sewage effluent;
(i) The close interrelationship among the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes arising from the respective urban areas in Clark County;
(j) The requirement by the federal and state governments of a compliance in the immediate future with such governmental standards if such sanctions are to be avoided;
(k) The division of the urban areas in the county into large areas of incorporated areas and unincorporated areas, and the difficulty of providing adequate sanitary sewerage facilities in many urban areas within such unincorporated areas;
(l) The fragmentation and proliferation of powers, rights, privileges and duties pertaining to sanitary sewer service and water supply within the urban areas among a substantial number of public bodies, corporations and other persons; and
κ1973 Statutes of Nevada, Page 648 (CHAPTER 447, SB 286)κ
(m) The resultant inabilities of such public bodies, corporations and other persons to acquire suitable capital improvements for the alleviation of such dangers and risks from improper or inadequate sanitary sewer service and for providing an adequate supply of water uncontaminated by water-carried wastes which are not properly or adequately disposed of or treated.
7. A general law cannot be made applicable to the district, and to properties, powers, rights, privileges, immunities, liabilities, duties and disabilities pertaining thereto as herein provided because of the number of atypical factors and special conditions concerning them.
8. The powers, rights and privileges herein granted and the immunities, liabilities, duties and disabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
9. For the accomplishment of the purposes provided in this section the provisions of this act shall be broadly construed.
Sec. 3. Definitions. Except as otherwise provided in this act or where the context thereof otherwise requires, terms used or referred to herein are as defined in the Local Government Securities Law, as from time to time amended; but the definitions in sections 4 to 19, inclusive, of this act, except where the context otherwise requires, govern the construction hereof.
Sec. 4. Act defined. Act means this CCSD No. 1 Sewerage Consolidation Law.
Sec. 5. Board defined. Board, when not otherwise qualified, means the board of county commissioners of Clark County, whether acting as the governing body of the county or the district.
Sec. 6. Bond requirements defined. Bond requirements means the principal of, any prior redemption premiums due in connection with, and the interest on designated bonds or other securities.
Sec. 7. County defined. County means Clark County.
Sec. 8. District defined. District means the Clark County Sanitation District No. 1.
Sec. 9. Facilities defined. 1. Facilities means the sanitary sewer system of the district or other designated public body, consisting of all properties, real, personal, mixed or otherwise, acquired by the district or the public body, as the case may be, by one or more projects through purchase, condemnation, construction or otherwise, and used in connection with such system and related services or in any way pertaining thereto, whether situated within or without or both within and without the territorial limits of the district or the public body.
2. The district shall not acquire as a part of its facilities any properties which at the time of their acquisition compete in any area with then-existing properties of a public body providing the same or a similar function or service therein, but the facilities of the district may complement such existing properties of a public body by providing in such an area supplemental functions or services if such existing properties provide inadequate functions or services.
3. The district may acquire properties of any public body situated in the district as a project of the district or an interest therein.
κ1973 Statutes of Nevada, Page 649 (CHAPTER 447, SB 286)κ
Sec. 10. Hereby, etc., defined. 1. Hereby, herein, hereinabove, hereinafter, hereof, hereunder, herewith or any term of similar import, refers to this act and not solely to the particular portion thereof in which such word is used.
2. Heretofore means before the adoption of this act.
3. Hereafter means after the adoption of this act.
Sec. 11. Newspaper defined. Newspaper means a newspaper printed in the English language at least once each calendar week.
Sec. 12. 1967 bonds defined. 1967 bonds means the Clark Count Sanitation District No. 1, Nevada, General Obligation Sewer Refunding Bonds, Series August 1, 1967, issued in the original aggregate principal amount of $5,200,000.
Sec. 13. 1970 bonds defined. 1970 bonds means the Mesquite Sanitation District, Nevada, Sanitary Sewer Acquisition Revenue Bonds, Series October 1, 1970, issued in the original aggregate principal amount of $333,000 and presently evidenced by a single bond held by the Federal Government.
Sec. 14. 1971 bonds defined. 1971 bonds means the Clark County Sanitation District No. 1, Nevada, General Obligation Sewer Improvement Bonds, Series August 1, 1971, issued in the original principal amount of $6,500,000.
Sec. 15. Project defined. Project means an undertaking pertaining to such part of the facilities of the district or designated public body as the board or governing body determines to acquire, improve or equip (or any combination thereof) and authorized at one time.
Sec. 16. Publication and publish defined. 1. Publication or publish means three consecutive weekly publications in at least one newspaper having general circulation in the district, the first publication being at least 15 days prior to the designated time or event.
2. Any notice or other instrument published shall not necessarily be made on the same day of the week in each of the 3 weeks; but not less than 14 days, excluding the day of the first publication but including the day of the last publication, shall intervene between the first publication and the last publication.
3. Publication shall be complete on the day of the last publication.
4. Any publication herein required shall be verified by the affidavit of the publisher and filed with the county clerk.
Sec. 17. Qualified elector defined. Qualified elector means a person:
1. Who is qualified to vote at general elections in this state; and
2. Who is qualified to vote in the designated public body.
Sec. 18. Service charges defined. Service charges means the fees, rates and other charges for the use of the facilities of the district or designated public body, or for any service rendered by the district or public body in the operation thereof, or otherwise pertaining thereto, including without limitation, any minimum fees, standby charges and charges for availability of service.
Sec. 19. System defined. System means the facilities of the district.
Sec. 20. Construction. This act, except where the context by clear implication herein otherwise requires, shall be construed as follows:
κ1973 Statutes of Nevada, Page 650 (CHAPTER 447, SB 286)κ
1. Sections, subsections, paragraphs and subparagraphs mentioned by number, letter or otherwise, correspond to the respective sections, subsections, paragraphs and subparagraphs of this act so numbered or otherwise so designated.
2. The titles applied to sections, subsections, paragraphs and subparagraphs in this act are inserted only as a matter of convenience and ease in reference and in no way define, limit or describe the scope or intent of any provision of this act.
3. Figures may be used instead of words, and words may be used instead of figures in all notices, proceedings and other documents required hereby or otherwise pertaining hereto.
Sec. 21. Districts abolished. The Searchlight Water and Sanitation District, the Overton Sanitation District, the Mesquite Sanitation District and each other sanitation district within the Clark County, if any, but excluding the Clark County Sanitation District No. 1, are hereby dissolved and abolished.
Sec. 22. Annexation of areas. 1. The unincorporated geographical areas within Clark County not included within the Clark County Sanitation District No. 1 immediately prior to the effective date of this act, including without limitation, the geographical areas situate within the boundaries of such abolished districts immediately prior to their abolition hereby and the geographical areas within the boundaries of each unincorporated town not so included in the district, but excluding the geographical areas included within the boundaries of any incorporated city within the county, are annexed to and hereby are made a part of the Clark County Sanitation District No. 1, except as provided in section 23 hereof.
2. The district has the power and duty to furnish sanitary sewer facilities and services pertaining thereto within the urban areas within its boundaries to the buildings, structures and other improvements where there arise sewage and other water-carried wastes.
Sec. 23. Area not annexed. Notwithstanding the provisions of section 22 hereof, the geographical area included within the boundaries of the unincorporated town of Searchlight is not hereby included within the Clark County Sanitation District No. 1.
Sec. 24. Successor district. The Clark County Sanitation District No. 1 hereby succeeds:
1. To all the properties and the debts and other obligations of each district hereby abolished, including without limitation, the obligations, if any, imposed upon each such district by contract evidenced in part by the districts outstanding revenue bonds or outstanding general obligation bonds, whether or not their payment is additionally secured with pledged revenues (other than the proceeds of general ad valorem taxes); and
2. To the disabilities, duties, liabilities, immunities, privileges, rights and powers of each such abolished district, including without limitation, the basic power to furnish sanitary sewer facilities and related services pursuant to NRS 318.116 and 318.140 and other provisions of the General Improvement District Law, and the powers incidental to such basic power and provided by law, including without limitation, the power to issue, as a successor district, in the name and on the behalf of the Clark County Sanitation District No.
κ1973 Statutes of Nevada, Page 651 (CHAPTER 447, SB 286)κ
power to issue, as a successor district, in the name and on the behalf of the Clark County Sanitation District No. 1:
(a) Bonds pursuant to any unexhausted authorization granted by the qualified electors of any such abolished district, granted thereto by special or general act, or otherwise granted by law; and
(b) Bonds to refund outstanding bonds of any such abolished district pursuant to NRS 350.704 and other provisions of the Local Government Securities Law and other laws supplemental thereto.
Sec. 25. Mesquite bond payments. The Clark County Sanitation District No. 1 shall cause to be paid the bond requirements of the outstanding Mesquite Sanitation District, Nevada, Sanitary Sewer Acquisition Revenue Bonds, Series October 1, 1970, as such bond requirements become due, with net revenues derived from the operation of the districts system, including without limitation, the sanitary sewer facilities formerly operated by the Mesquite Sanitation District, the pledge of and lien on the system net revenues to secure the payment of the 1970 bonds to be on a parity with the pledges of and liens on the system net revenues to secure additionally the payment of the bond requirements of the outstanding Clark County Sanitation District No. 1, Nevada, General Obligation Sewer Refunding Bonds, Series August 1, 1967, and the outstanding Clark County Sanitation District No. 1, Nevada, General Obligation Sewer Improvement Bonds, Series August 1, 1971.
Sec. 26. Other security for 1970 bonds. 1. If the net revenues derived from the operation of the system in any succeeding fiscal year (as defined in the 8-1-71 Bond Resolution and the 8-1-67 Bond Resolution authorizing the issuance of the 1971 bonds and the 1967 bonds, respectively) are not sufficient to pay the bond requirements of the 1967 bonds, the 1970 bonds, the 1971 bonds and any parity securities hereafter issued by the district in compliance with the 8-1-71 Bond Resolution and the 8-1-67 Bond Resolution, the 1970 bonds shall be payable from general ad valorem taxes in the same manner as provided in such resolutions for the 1971 bonds and the 1967 bonds.
2. Also the payment of the 1970 bonds shall be additionally secured by protective covenants and other provisions pertaining to the 1970 bonds substantially the same as the protective covenants and other provisions in the 8-1-71 Bond Resolution and the 8-1-67 Bond Resolution and pertaining to the 1971 bonds and the 1967 bonds, respectively, in lieu of the protective covenants and other provisions in the 1970 Revenue Bond Resolution authorizing the issuance of the 1970 bonds, but without any modification of the bond requirements of the 1970 bonds as to the times, places and amounts payable.
Sec. 27. Refunding 1970 bonds. Notwithstanding the provisions of NRS 350.674, any bonds issued by Clark County Sanitation District No. 1, as otherwise provided by the Local Government Securities Law, to refund any 1970 bonds may be issued without the necessity of the refunding bonds being authorized at an election and shall be general obligation bonds of the district payable from general ad valorem taxes levied against all the taxable property in the district (except to the extent other revenues are available and appropriated therefor), the payment of which refunding bonds shall be additionally secured by a pledge of and lien on the net revenues derived from the operation of the districts system on a parity with the pledges of and liens on such revenues to secure the payment of the 1971 bonds and the 1967 bonds.
κ1973 Statutes of Nevada, Page 652 (CHAPTER 447, SB 286)κ
of and lien on the net revenues derived from the operation of the districts system on a parity with the pledges of and liens on such revenues to secure the payment of the 1971 bonds and the 1967 bonds.
Sec. 28. Additional legislative determination. The legislature by this act additionally determines, finds and declares:
1. The gross pledged revenues derived from the operation of the system in the fiscal year (as defined in the 8-1-71 Bond Resolution and the 8-1-67 Bond Resolution) immediately preceding the effective date of this act are not only sufficient to pay but materially exceed:
(a) An amount equal to the operation and maintenance expenses of the system for such fiscal year, but increased by an amount equal to the probable estimated increase in such expenses resulting annually from the acquisition of the sanitary sewer facilities operated by the Mesquite Sanitation District immediately prior to its abolition hereby; and in addition
(b) An amount equal to 100 percent of the combined average annual principal and interest requirements to be paid during any one subsequent bond year (as defined in such resolutions) of the outstanding 1971 bonds, the outstanding 1970 bonds and the outstanding 1967 bonds, computed in accordance with paragraph (2), subsection B, section 803, 8-1-71 Bond Resolution.
2. Accordingly, particularly in view of the districts obligation to pay the 1970 bonds as herein provided, it in effect is issuing parity bonds to extend, otherwise improve and equip the districts system (by acquisition of the sanitary sewer facilities operated by the Mesquite Sanitation District prior to its abolition hereby), as permitted by the 8-1-71 Bond Resolution and the 8-1-67 Bond Resolution, and the provisions hereof in no manner adversely contravene the bond contracts between the Clark County Sanitation District No. 1 and the holders from time to time of the outstanding 1971 bonds and the outstanding 1967 bonds.
3. The obligation of the district to pay the 1970 bonds as provided herein, including, without limitation, sections 25 and 26 hereof:
(a) Materially ameliorate the possibility of a default occurring in the payment of the bond requirements of the 1970 bonds as the same become due; and
(b) Materially improve the financial quality of such bonds, among other factors, by providing:
(1) For their payment from general ad valorem taxes levied against a substantial base of taxable property (except to the extent other revenues are used therefor); and
(2) For their payment from net revenues derived from the operation of the districts system which serves a much larger urban area on a materially more efficient basis and for materially more reasonable and equitable service charges, notwithstanding the outstanding 1971 bonds and the outstanding 1967 bonds are payable from such net revenues on a parity with the 1970 bonds, and in no manner adversely contravenes the bond contracts with the holders of the 1970 bonds from time to time.
4. The provisions hereof do not unconstitutionally and invalidly impair the obligation of contracts pertaining to the 1971 bonds, the 1967 bonds or the 1970 bonds.
κ1973 Statutes of Nevada, Page 653 (CHAPTER 447, SB 286)κ
Sec. 29. Searchlights sewerage facilities. The basic power of furnishing sanitary sewer facilities and related services may be transferred from the unincorporated town of Searchlight to the Clark County Sanitation District No. 1 as provided in the following ways:
1. By petition and approval of the qualified electors of the town pursuant to sections 30, 31 and 33 hereof; and
2. By action initiated by the board pursuant to sections 32 and 33 hereof.
Sec. 30. Petition of electors. 1. Not less than 10 percent or 50, whichever number is smaller, of the qualified electors of the unincorporated town of Searchlight may file a petition with the board in writing praying that the basic power of furnishing sanitary sewer facilities and related services within the town shall be transferred from the town to the Clark County Sanitation District No. 1, together with all properties, if any, of the town pertaining thereto.
2. The petition shall be acknowledged in the same manner as conveyances of land are required to be acknowledged.
3. The county clerk, in the name Clark County, shall cause notice of the filing of the petition to be given by publication in a newspaper of general circulation in Clark County and the town of Searchlight.
4. The notice shall state:
(a) The fact that such a written petition has been filed;
(b) The fact that it prays that the basic power of furnishing sanitary sewer facilities and related services within the incorporated town of Searchlight be transferred from the unincorporated town to Clark County Sanitation District No. 1, together with all properties, if any, of the town pertaining thereto;
(c) The date and place of a hearing on the proposed transfer; and
(d) A statement that all persons interested shall appear at the time and place stated in the notice and show cause in writing why the petition should not be granted.
5. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.
6. The board, at the time and place mentioned in the notice, shall proceed to hear the petition and all written objections thereto.
7. The board shall determine if such transfer is feasible and to the best interests of the public.
Sec. 31. Transfer election. 1. If the petition is provisionally granted, the board by resolution shall:
(a) Make an order to that effect;
(b) Direct that the question of transfer of such power and properties shall be submitted to the qualified electors of the town; and
(c) Order the county clerk to give notice by publication of the time and place of the election to be held not less than 21 days after first publication of the notice, once a week for 3 consecutive weeks in a newspaper of general circulation in the county and the town.
2. The election shall be held within the town and shall be conducted in the manner otherwise provided for elections therein.
κ1973 Statutes of Nevada, Page 654 (CHAPTER 447, SB 286)κ
3. Only qualified electors of the town shall vote on the question.
4. The ballot shall be prepared by the county clerk and shall contain the following words:
Shall the basic power of furnishing sanitary sewer facilities and related services within the unincorporated town of Searchlight be transferred from the town to the Clark County Sanitation District No. 1, together with all properties, if any, of the town pertaining thereto?
For transfer..........................................
Against transfer................................
5. If a majority of the votes cast on the question at such election favor the transfer, the board shall by ordinance enter an order transferring such basic power and appurtenant properties from the town to the district, and shall provide that the geographical area within the town is thereby annexed to the district.
Sec. 32. Transfer initiated by board. 1. At any time, as a condition to such a transfer of such basic power and appurtenant properties initiated by the board, it may determine by resolution that the transfer of the basic power of furnishing sanitary sewer services within the unincorporated town of Searchlight from the town to the Clark County Sanitation District is in the public interest.
2. Such a resolution shall provisionally order the transfer of such power and appurtenant properties.
3. The county clerk shall cause notice of the adoption of the provisional resolution to be given by publication in a newspaper of general circulation in the county and the town.
4. The notice shall state:
(a) The fact that such a provisional resolution has been adopted;
(b) The fact that it provisionally orders the transfer of the basic power of furnishing sanitary sewer services and related services within the unincorporated town of Searchlight from the town to the Clark County Sanitization District No. 1, together with all properties, if any, of the town pertaining thereto;
(c) The date and place of a hearing on the proposed transfer; and
(d) A statement that all persons interested shall appear at the time and place stated in the notice and show cause in writing why the transfer should not be made final.
5. The board, at the time and place mentioned in the notice, shall proceed to hear all written objections to the proposed transfer and all other matters in the premises.
6. The board shall determine by resolution if such transfer is feasible and in the best interest of the public.
7. If the board so determines, the county clerk shall furnish by mail to the governor of the state under the seal of the county a copy of the provisional resolution and the feasibility resolution and shall request the governor to approve the transfer.
8. If the governor approves the transfer in writing, the board upon the receipt of such approval may by ordinance enter its order transferring such basic power and appurtenant properties from the town to the district, and shall provide that the geographical area within the town is thereby annexed to the district.
κ1973 Statutes of Nevada, Page 655 (CHAPTER 447, SB 286)κ
district, and shall provide that the geographical area within the town is thereby annexed to the district.
Sec. 33. General provisions about transfers. 1. The failure of any person, resident of the town or otherwise resident in the county, to file a written objection to any proposed transfer in a hearing of the board thereon shall be taken as an assent on such persons part to the transfer in question from the town to the district described in the notice of the hearing for such transfer.
2. The action of the board in its determination that any proposed transfer which it orders is feasible and to the best interests of the public shall be final, conclusive and not subject to review.
3. Whenever the board by ordinance enters an order making such a transfer to the district, the county clerk shall forthwith file the ordinance with the:
(a) Governor of the state;
(b) Secretary of state;
(c) Attorney general of the state;
(d) Nevada tax commission; and
(e) County clerk, county assessor and county treasurer of Clark County.
4. If an order is so entered by ordinance making such a transfer, such order shall be deemed final. The entry of such order shall finally and conclusively establish the transfer so ordered to the district against all public bodies and all persons, except the state in an action in the nature of a writ of quo warranto, commenced by the attorney general within 30 days after the ordinance entering such order is filed with him and not otherwise. Such a transfer shall not be directly or collaterally questioned in any suit, action or proceeding except as expressly authorized in this subsection.
5. After the date of the transfer to the district by the adoption of such ordinance, the annexed property shall be liable for its proportionate share of existing bonded indebtedness of the district; but such real property shall not be liable for any taxes or service charges levied or assessed prior to the inclusion of such annexed property in the district, nor shall the entry of the property into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than the taxes and service charges which are uniformly made, assessed or levied for the entire district except as herein otherwise expressly provided.
6. After the date of the transfer to the district by the adoption of such ordinance, the district thereby succeeds:
(a) To all the properties, debts and other obligations of the town pertaining to the sanitary sewerage facilities thereof, including without limitation, the obligations, if any, imposed upon the town by contract evidenced in part by the towns outstanding revenue bonds or outstanding general obligation bonds, whether or not their payment is additionally secured with pledged revenues (other than the proceeds of general ad valorem taxes); and
(b) To the disabilities, duties, liabilities, immunities, privileges, rights and powers of the town, including without limitation, the basic power to furnish sanitary sewer facilities and related services within the town, and the powers incidental to such basic power and provided by law, including without limitation, the power to issue, as a successor district, in the name and on the behalf of the Clark County Sanitation District No.
κ1973 Statutes of Nevada, Page 656 (CHAPTER 447, SB 286)κ
and powers of the town, including without limitation, the basic power to furnish sanitary sewer facilities and related services within the town, and the powers incidental to such basic power and provided by law, including without limitation, the power to issue, as a successor district, in the name and on the behalf of the Clark County Sanitation District No. 1:
(1) Bonds pertaining to the towns sanitary sewerage facilities pursuant to any unexhausted authorization granted by the qualified electors of the town, granted thereto by special or general act, or otherwise granted by law; and
(2) Bonds to refund outstanding bonds of the town and pertaining to such sanitary sewerage facilities pursuant to NRS 350.704 and other provisions of the Local Government Securities Law and other laws supplemental thereto.
Sec. 34. Detachment from district by annexation. If any part of the district is annexed to any incorporated city, the area so annexed shall be thereby excluded from the district and thereafter no levy of general ad valorem taxes shall be made against any taxable property situate in the excluded area. Nothing herein, however, affects the obligation of the district to continue to furnish sanitary sewer facilities and related services in the excluded area if such facilities and services shall have been furnished therein by the district prior to such annexation and exclusion, unless the city to which the area is annexed and the district by written contract agree that the city shall assume such obligation and the terms relating thereto. In the absence of such an agreement and assumption of such obligation by the city, the owners and users of property within the excluded area shall pay the service charges of the district pertaining to such continued use of such facilities and services.
Sec. 35. Delegated powers. The officers of the district and of the county of Clark be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this act.
Sec. 36. Cooperative powers. The district shall also have the following powers:
1. To accept contributions or loans from the Federal Government, the state or any public body (or any combination thereof) for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise in which the district is authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the Federal Government, the state or any public body (or any combination thereof) in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise in accordance with any legislation which Congress, the state legislature or any governing body (or any combination thereof) may have heretofore adopted or may hereafter adopt, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body (or any combination thereof) in the planning, acquisition, improvement, equipment, maintenance and operation or in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including, without limitation, costs of engineering, architectural and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and to do any and all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation now or hereafter enacted.
κ1973 Statutes of Nevada, Page 657 (CHAPTER 447, SB 286)κ
investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and to do any and all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation now or hereafter enacted.
2. To enter, without any election, into joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the state and any public body (or any combination thereof), concerning the system, and any project or property pertaining thereto, whether acquired by the district, by the Federal Government, by the state or by any public body, and to accept grants and contributions from the Federal Government, the state, any public body or any person (or any combination thereof) in connection therewith.
3. To enter into and perform, without any election, when determined by the board to be in the public interest, contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the state, any public body or any person (or any combination thereof) for the provision and operation by the district of any sewerage facilities whether or not pertaining to the system of the district or any project relating thereto and the payment periodically thereby to the district of amounts at least sufficient, if any, in the determination of the board, to compensate the district for the cost of providing, operating and maintaining such facilities serving the Federal Government, the state, such public body or such person, or otherwise.
4. To enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person (or any combination thereof) for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the district or to any project of the district, or otherwise, including without limitation, any contract or agreement for any term not exceeding 50 years.
5. To cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the state or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the district or for any other works, acts or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
6. To cooperate with the Federal Government, the state or any public body (or any combination thereof) by an agreement therewith by which the district may:
(a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment (or any combination thereof) of any properties pertaining to the system or any other facilities;
(b) Hold and save harmless the cooperating entity free from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation (or any combination thereof) of any facilities;
κ1973 Statutes of Nevada, Page 658 (CHAPTER 447, SB 286)κ
claim for damages arising from the acquisition, improvement, equipment, maintenance and operation (or any combination thereof) of any facilities;
(c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity; and
(d) Establish and enforce regulations, if any, concerning the facilities and satisfactory to the cooperating entity.
7. To provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:
(a) For the joint use of personnel, equipment and facilities of the district, the Federal Government, the state and any public body (or any combination thereof), including without limitation, public buildings constructed by or under the supervision of the board or the governing body of the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the district as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the district, the Federal Government, the state, any such public body and any persons of interest, as the case may be; and
(b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities or any project, now existing or hereafter established in the district, upon such terms and conditions as may be determined for the equitable apportionment of the expenses therefrom resulting.
8. In connection with any facilities of the district or any part of the facilities, acquired or proposed, or with any project, to consult with the health division of the department of health, welfare and rehabilitation and with the county board of health and to submit plans, specifications or other instruments or documents (or any combination thereof) to each such governmental agency for its review, recommendations and other comments.
Sec. 37. Liberal construction. This act being necessary to secure and preserve the public health, safety, convenience and general welfare, the rule of strict construction shall have no application hereto, but it shall be liberally construed to effect the purposes and objects for which this act is intended.
Sec. 38. Public purpose. The exercise of any power herein authorized by the board upon behalf of the district has been determined, and is hereby declared, to effect a public purpose; and any project herein authorized shall effect a public purpose.
Sec. 39. Sufficiency of act. 1. This act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein provided.
3. The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and neither the state nor any public body shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done, except as herein provided.
κ1973 Statutes of Nevada, Page 659 (CHAPTER 447, SB 286)κ
authorized to be done; and neither the state nor any public body shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done, except as herein provided.
4. No notice, consent or approval by the state or any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any district securities or the making of any contract or the exercise of any other power hereunder except as herein provided.
5. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 40. Severability. If any provision of this act or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect other provisions or applications 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. 41. Effective date. This act shall become effective 7 days after its passage and approval.
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Senate Bill No. 385Senator Wilson
CHAPTER 448
AN ACT to amend NRS 463.337 relating to work permits for gaming employees, by increasing the authority of the Nevada gaming commission to revoke such permits; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee as defined in NRS 463.335 is convicted of a violation of NRS [465.083,] 465.070 to 465.085, inclusive, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by such licensee has been guilty of cheating, the commission shall after a hearing as provided in NRS 463.310 and 463.312:
(a) If such gaming employee holds a work permit issued by the board, revoke such work permit.
(b) If such gaming employee holds a work permit issued by a county or city licensing authority, notify such authority to revoke such permit, and the county or city licensing authority shall revoke such permit.
2. The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify such authority to revoke such permit, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 that the gaming employee has, subsequent to being issued such work permit:
κ1973 Statutes of Nevada, Page 660 (CHAPTER 448, SB 385)κ
revoke such permit, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 that the gaming employee has, subsequent to being issued such work permit:
(a) Committed, attempted or conspired to do any of the acts prohibited by NRS 465.070 to 465.085, inclusive;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the board into the gaming employees qualifications or suitability to be involved in a gaming operation.
3. A work permit shall not be issued by any authority in this state to a person whose work permit has previously been revoked for cheating pursuant to this section.
[3. If the gaming employee has not been convicted by a court of record of a violation of NRS 465.083, he] 4. A gaming employee whose work card has been revoked pursuant to this section is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
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Senate Bill No. 386Committee on Health, Welfare and State Institutions
CHAPTER 449
AN ACT relating to medical laboratories; partially regulating medical laboratories operated by licensed physicians for their own private practices; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 652.050 is hereby amended to read as follows:
652.050 Laboratory director means a person responsible for the administration of the technical and scientific operation of a [clinical] medical laboratory.
Sec. 2. NRS 652.080 is hereby amended to read as follows:
652.080 1. [No] Except as provided in section 4 of this act, no person, corporation, partnership or other form of business entity may operate, conduct, issue a report from or maintain a medical laboratory without first obtaining a license to do so issued by the board pursuant to the provisions of this chapter.
2. Such license shall be valid for 12 months and shall be renewable annually on or before the date of its expiration.
3. No license may be issued to a laboratory which does not have a laboratory director.
Sec. 3. NRS 652.230 is hereby amended to read as follows:
652.230 The provisions of this chapter apply to all public and private medical laboratories except:
κ1973 Statutes of Nevada, Page 661 (CHAPTER 449, SB 386)κ
1. A laboratory of any college, university or school which is conducted for the training of its students, actively engaged in research and approved by the state department of education.
2. Laboratories operated by the Federal Government.
3. Laboratories operated by the state department of agriculture.
[4. Laboratories operated by licensed physicians solely in connection with the diagnosis or treatment of their own patients.]
Sec. 4. Chapter 652 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of his own patients if such medical laboratory complies with the provisions of this section.
2. Each such medical laboratory shall:
(a) Register with the health division of the department of health, welfare and rehabilitation.
(b) Comply with the rules and regulations promulgated by the board pursuant to NRS 652.130.
(c) Submit to the inspections and tests provided for in subsections 1 and 2 of NRS 652.140.
________
Senate Bill No. 433Senator Foley
CHAPTER 450
AN ACT relating to juvenile courts; enabling the establishment of juvenile delinquency prevention programs under the direction of the juvenile court; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.123 is hereby amended to read as follows:
62.123 1. The judge or judges of each judicial district which includes a county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of health, welfare and rehabilitation, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services may also be responsible for the implementation of preventive programs relating to juvenile delinquency. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. The director of juvenile services shall be appointed by the juvenile court judge or judges from a list of candidates provided by the probation committee.
κ1973 Statutes of Nevada, Page 662 (CHAPTER 450, SB 433)κ
court judge or judges from a list of candidates provided by the probation committee.
3. The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of juvenile services shall have such staff of employees to assist in the performance of his duties as the board or boards of county commissioners find necessary, when recommended by the probation committee and approved by the juvenile court judge or judges.
5. The salaries of the director of juvenile services and his staff of employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.
Sec. 2. NRS 62.290 is hereby amended to read as follows:
62.290 1. This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the court shall receive such care, guidance and control, preferably in his own home, as will be conducive to the childs welfare and the best interests of the state, and that when such child is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which should have been given him by them.
2. The purpose of this chapter is also to promote the establishment, supervision and implementation of preventive programs designed to prevent persons under the age of 18 from coming under the jurisdiction of the juvenile division of the district court.
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Senate Bill No. 614Committee on Federal, State and Local Governments
CHAPTER 451
AN ACT authorizing Carson City to construct, otherwise acquire, improve, extend and better recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor; authorizing the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $700,000; providing for the payment of the bonds and the interest thereon by the levy and collection of general (ad valorem) taxes and optionally with the proceeds of a lodgers room tax; otherwise stating powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection therewith; and providing other matters properly relating thereto.
[Approved April 20, 1973]
Whereas, The county fair and recreation board of the county of Ormsby, State of Nevada (sometimes designated in this act as the recreation board, the county and the state, respectively), ordered the submission of, and there was submitted, at the general election held in the county on Tuesday, the 5th day of November, 1968, to the duly qualified electors of the county, a proposal authorizing the county to incur an indebtedness by the issuance at one time or from time to time of the countys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $700,000, or so much thereof as may be necessary, for the purpose of constructing, otherwise acquiring, improving, extending and bettering recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (sometimes designated in this act as the bonds and the project, respectively), such bonds to bear interest at a rate or rates of not exceeding 6 percent per annum, to mature serially commencing not later than 3 years and ending not later than 30 years from the date or respective dates of the bonds, payable from general (ad valorem) taxes (sometimes designated in this act as taxes), except to the extent other moneys are available therefor, and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the authorizing board may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium, for securing additionally the payment of bonds by pledging all or any part of the revenues derived from the operation of the countys recreational facilities, including but not necessarily limited to the auditorium and recreation center, from license taxes fixed and imposed for revenues upon certain operators of hotels and motels, and from any other sources legally made available therefor; and
κ1973 Statutes of Nevada, Page 663 (CHAPTER 451, SB 614)κ
countys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $700,000, or so much thereof as may be necessary, for the purpose of constructing, otherwise acquiring, improving, extending and bettering recreational facilities, including without limitation an auditorium, recreation center, other recreational facilities and buildings therefor, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (sometimes designated in this act as the bonds and the project, respectively), such bonds to bear interest at a rate or rates of not exceeding 6 percent per annum, to mature serially commencing not later than 3 years and ending not later than 30 years from the date or respective dates of the bonds, payable from general (ad valorem) taxes (sometimes designated in this act as taxes), except to the extent other moneys are available therefor, and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the authorizing board may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium, for securing additionally the payment of bonds by pledging all or any part of the revenues derived from the operation of the countys recreational facilities, including but not necessarily limited to the auditorium and recreation center, from license taxes fixed and imposed for revenues upon certain operators of hotels and motels, and from any other sources legally made available therefor; and
Whereas, The proposal was approved by a majority voting thereon of those qualified electors of the county who were owners of, or spouses of owners of, real property in the county assessed on the assessment roll of the county and also by a majority voting thereon of all other qualified electors of the county; and
Whereas, The board of county commissioners of Ormsby County (sometimes designated in this act as the county board), has previously enacted and amended county Ordinance No. 1965-5 (sometimes designated in this act as the county tax ordinance) fixing and imposing pursuant to NRS 244.335 a license tax for revenues on every licensee operating a room rental business within the county outside of the limits of incorporated cities and towns (sometimes designated in this act as the county lodgers room tax), subject to certain exemptions expressed in the county tax ordinance, and appropriated or assigned the proceeds of such tax to the recreation board for administration in accordance with NRS 244.743; and
Whereas, The city council of Carson City (herein sometimes designated as the city council and the old city, respectively), located in the county and the state, has also similarly enacted and amended Ordinance No. 372 (sometimes designated in this act as the city tax ordinance), fixing and imposing a license tax for revenues on every licensee operating a room rental business within the old city (sometimes designated in this act as the city lodgers room tax), subject to certain exemptions expressed in the city tax ordinance, and assigned the proceeds of such tax to the county for administration by the recreation board in accordance with NRS 268.095; and
κ1973 Statutes of Nevada, Page 664 (CHAPTER 451, SB 614)κ
Whereas, The old city was the only incorporated city or incorporated town in the county; and
Whereas, The recreation board, the county board and the city council desired to be authorized to use the county lodgers room tax and the city lodgers room tax (sometimes collectively designated in this act as the lodgers room taxes), possibly after the deduction from the gross proceeds thereof the reasonable costs of their collection and administration not exceeding in any fiscal year 10 percent of such gross proceeds (sometimes designated in this act as the gross revenues and the net revenues), to pay the principal of, interest on and any prior redemption premiums due in connection with the bonds (sometimes designated in this act as the bond requirements), to secure the payment of the bond requirements by a pledge of the gross revenues or the net revenues, and thereby to reduce or eliminate the taxes levied for the payment of the bond requirements as the same become due from time to time; and
Whereas, The recreation board, the county board and the city council also desired to be authorized so to secure the payment of such general obligation bonds with the proceeds of the lodgers room taxes without any pledge of any revenues derived from the operation of the recreation facilities acquired as a part of the project; and
Whereas, The state, by chapter 114, Statutes of Nevada 1969,authorized the county, acting by and through the recreation board, to issue the countys general obligation bonds in an aggregate principal amount of not exceeding $700,000 for the project, and to issue other general obligation securities of the county therefor, as provided in the Local Government Securities Law; and
Whereas, The state, by chapter 213, Statutes of Nevada 1969, consolidated the county and the old city into one municipal government known as Carson City (sometimes designated in this act as the new city and merely the city), consisting of two taxing districts known as the urban district and the Ormsby district, the legislative powers of which city are vested in a board of supervisors (sometimes designated in this act as the city board); and
Whereas, The new city, acting by and through the recreation board and the city board, has issued the citys general obligation interim debentures, in the aggregate principal amount of $150,000 dated as of the first day of November, 1970, bearing interest from the date thereof until their respective maturities at the rate of 6 percent per annum, and maturing serially on the first day of May, $40,000 in the year 1971, $50,000 in the year 1972, and $60,000 in the year 1973, to defray in part the cost of the project; and
Whereas, The new city has issued no bonds to defray wholly or in part the cost of the project, pursuant to chapter 114, Statutes of Nevada 1969, or otherwise; and
Whereas, The new city has applied the proceeds of the lodgers room taxes, which are continued to be collected within both the urban district and the Ormsby district of the city, to pay and redeem the interim debentures as they become due, rather than funding such debentures with the proceeds of bonds and applying such proceeds of the lodgers room taxes to the payment of the costs of the project as permitted by the Local Government Securities Law; and
κ1973 Statutes of Nevada, Page 665 (CHAPTER 451, SB 614)κ
to the payment of the costs of the project as permitted by the Local Government Securities Law; and
Whereas, The new city still needs to issue bonds in the aggregate principal amount of not exceeding $700,000 to defray in part the cost of the project; and
Whereas, The existing market conditions for municipal bonds are substantially poorer than the market conditions existing when the recreation board caused to be submitted on or about the 9th day of November, 1967, to the county general obligation bond commission for its approval the bond proposal approved at the general election held on the 5th day of November, 1968; and
Whereas, It is hereby declared, as a matter of legislative determination, that existing legal limitations are unduly restrictive and by their modification a more economical and otherwise superior plan of financing the project can be achieved; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The new city, acting by and through the recreation board, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law, without any further approval of the general obligation bond commission of the new city, without any election, and without any other or further preliminaries:
(a) To continue and complete the project;
(b) To borrow money and otherwise to become obligated in a total principal amount of not exceeding $700,000, and to evidence such obligations by the issuance of bonds and other securities of the new city as a whole, bearing interest at a rate or rates not exceeding 8 percent per annum and sold at a price resulting in an effective interest rate of not more than 8 percent per annum, constituting general obligations, and issued without any diminution as to amount by the interim debentures heretofore issued, and issued independent of any debt limitation or other restriction except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the recreation board may determine, for the purpose of defraying in part the cost of the project; and
(c) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.
2. Nothing in this act prevents the recreation board, on the behalf and in the name of the new city, from funding, refunding or reissuing any securities of the city pertaining to the project at any time as provided in the Local Government Securities Law, and the recreation board may exercise the powers therein pertaining to such securities.
Sec. 2. The securities authorized by this act may be issued, as the recreation board may determine, as:
1. General obligation bonds and other general obligation securities, payable from taxes (except to the extent other moneys are available therefor) including without limitation the proceeds of the lodgers room taxes;
κ1973 Statutes of Nevada, Page 666 (CHAPTER 451, SB 614)κ
therefor) including without limitation the proceeds of the lodgers room taxes;
2. General obligation bonds and other general obligation securities so payable from taxes, the payment of which securities is additionally secured with gross revenues or net revenues; or
3. Any combination of such securities.
Sec. 3. The bonds, any other securities and any interest coupons shall be executed in the manner provided in the Local Government Securities Law, as from time to time amended; but the bonds and any other securities shall also bear the manual or facsimile signature of the chairman of the recreation board.
Sec. 4. The recreation board shall assign the proceeds of the bonds and any other securities to the city board for administration and otherwise to defray the cost of the project, subject to any limitations imposed by law, including without limitation the resolution authorizing the issuance of the bonds or any other securities or any other proceedings pertaining thereto, except for the proceeds of any bonds or other securities to be used for refunding or funding outstanding securities.
Sec. 5. Upon the issuance of any bonds the city, acting by and through the city board, as assisted by the recreation board and any architects and other consultants employed by the recreation board on behalf of the city in connection with the project or the securities, shall effect the project.
Sec. 6. 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 under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government 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. 7. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 8. 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. 9. Chapter 114, Statutes of Nevada 1969, is hereby repealed.
Sec. 10. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 667κ
Senate Bill No. 619Committee on Finance
CHAPTER 452
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 520Committee on Finance
CHAPTER 453
AN ACT to abolish the Nevada heritage association as a state institution; providing for the return to the general fund of legislative appropriations to the association; making an appropriation to the state park system for the purpose of establishing the Virginia and Truckee Railroad fund; providing for transfer of certain moneys to such fund; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 384.050 is hereby amended to read as follows:
384.050 1. One commissioner shall be a member of the board of trustees of the Nevada state museum, one commissioner shall be a member of the board of trustees of the Nevada historical society, one commissioner shall be a member of the board of trustees of the Comstock Historical Restoration Foundation, [one commissioner shall be a member of the board of trustees of the Nevada heritage association,] one commissioner shall be a person licensed to practice architecture in this state, and two commissioners shall be residents of the district.
2. The other [two] three commissioners shall be persons interested in the protection and preservation of structures, sites and areas of historic interest and shall be residents of this state.
3. Subject to the qualifications contained in this section, vacancies in the membership of the commission shall be filled by appointment by the governor for the unexpired term. Each commissioner shall continue in the office after the expiration of his term until his successor is duly appointed and qualified.
4. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are duly elected and qualified.
κ1973 Statutes of Nevada, Page 668 (CHAPTER 453, SB 520)κ
Sec. 2. NRS 382.110, 382.120, 382.130, 382.140, 382.150, 382.160 and 382.170 are hereby repealed.
Sec. 3. The Nevada state park system shall take charge of all property purchased for or donated to the State of Nevada in connection with the proposed restoration of the Virginia & Truckee Railroad between Carson City and Virginia City. The system shall then proceed to examine for itself the desirable and feasible extent of such restoration and may proceed with such portions as it finds both desirable and feasible, within the limits of moneys made available pursuant to this act, by further direct legislative appropriation or by donation.
Sec. 4. 1. There is hereby appropriated from the general fund in the state treasury to the Nevada state park system the sum of $60,000 for the purposes of establishing the Virginia and Truckee Railroad fund.
2. All moneys appropriated to the Nevada state museum from the general fund in the state treasury, pursuant to chapter 513, Statutes of Nevada 1971, and not expended or encumbered on the effective date of this act shall be transferred to the Nevada state park system 10 days after the effective date of this act and deposited to the Virginia and Truckee Railroad fund.
3. All moneys received by the Nevada state park system pursuant to subsections 1 and 2 or moneys received by further legislative appropriation or by donation shall be used only for the purposes of acquiring locomotives, cars, and other rolling stock formerly owned by the Virginia and Truckee Railroad, and for costs attendant with the acquisition and maintenance of the equipment or display of the equipment.
Sec. 5. All moneys appropriated to the Nevada heritage association from the general fund in the state treasury and not expended or encumbered on the effective date of this act shall revert to the general fund 10 days after the effective date of this act.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 587Committee on Finance
CHAPTER 454
AN ACT relating to the contingency fund; removing certain allocation limitations for the 1973-74 and 1974-75 fiscal years; making an appropriation; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.269 is hereby amended to read as follows:
353.269 1. The recommendation of the state board of examiners for an allocation from the contingency fund shall be transmitted to the director of the legislative counsel bureau, who shall notify the chairman of the interim finance committee. The chairman shall call a meeting of the committee to consider the recommendation.
κ1973 Statutes of Nevada, Page 669 (CHAPTER 454, SB 587)κ
2. [Except as otherwise provided in this subsection, no] No allocation from the contingency fund may be made by the interim finance committee: [to:]
(a) [Effect] To effect salary increases for state officers and employees [.] ; or
(b) [Provide] Subject to the provisions of subsection 4, to provide supplementary funds for the support of a state agency or officer, or for any program, when during the preceding session of the legislature the assembly standing committee on ways and means or the senate standing committee on finance, or both such committees, by deliberate consideration and action approved the program, rejected the proposed program or reduced the requested amount of money for any existing or proposed program. However, if it is demonstrated to the interim finance committee that the preceding legislature made no appropriation for an agency or a program or reduced the amount of the requested appropriation or a new program requiring state financial participation and an Act of Congress, a regulation promulgated by the President or by an executive department of the Federal Government, or a decision of a court of the United States or of this state, enacted, promulgated or made after adjournment sine die of the preceding legislature requires an expenditure of money for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant or grants of money or other thing of value, the interim finance committee may proceed to make an allocation therefor in the manner prescribed in subsection 3.
3. If the interim finance committee, after independent determination, finds that an allocation recommended by the state board of examiners should and may lawfully be made, the committee shall by resolution establish the amount and purpose of the allocation, and direct the state controller to transfer such amount to the appropriate fund or fund account. The state controller shall thereupon make such transfer.
4. The provisions of paragraph (b) of subsection 2 shall not be effective between July 1, 1973, and June 30, 1975, inclusive.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the contingency fund created pursuant to NRS 353.266 the sum of $1,500,000.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 605Committee on Finance
CHAPTER 455
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of settling a specific claim after certain contingencies are met.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 41.037 or any other law, there is hereby appropriated from the general fund in the state treasury the sum of $35,000 to the state board of examiners for the specific purpose of making an administrative settlement of a claim of Elaine Aronson if the attorney general recommends such a settlement, the board of examiners allows and approves the amount, and a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.
κ1973 Statutes of Nevada, Page 670 (CHAPTER 455, SB 605)κ
treasury the sum of $35,000 to the state board of examiners for the specific purpose of making an administrative settlement of a claim of Elaine Aronson if the attorney general recommends such a settlement, the board of examiners allows and approves the amount, and a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 461Committee on Environment and Public Resources
CHAPTER 456
AN ACT relating to fish and game licenses, tags and permits; making certain changes in application forms, requirements, privileges and fees; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.030 is hereby amended to read as follows:
502.030 1. Licenses granting the privilege to hunt, fish or trap during the open season as provided in this Title shall be of such form as is deemed necessary by the department, but must include the following information:
[1.] (a) The holders name, address and description.
[2.] (b) The date issued.
[3.] (c) The expiration date thereof.
[4.] (d) The correct designation as to whether a fishing, hunting or trapping license.
[5.] (e) A statement to be signed by the holder: I, the holder of this license, hereby state that I am entitled to this license under the laws of the State of Nevada and no false statement has been made by me to obtain this license and that I further agree to exhibit this license, upon demand, to any officer authorized to enforce the fish and game laws of this state and to abide by the laws made and provided for the protection of fish and game within the State of Nevada.
2. The commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information shall be included on the license as is deemed necessary by the department.
Sec. 2. NRS 502.070 is hereby amended to read as follows:
502.070 1. The department shall issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting or fishing licenses, tags or permits for fishing, hunting or trapping in the State of Nevada. A like privilege shall be extended to spouses and dependents, under the age of 21, of such members of the Armed Forces.
κ1973 Statutes of Nevada, Page 671 (CHAPTER 456, AB 461)κ
Armed Forces. All such licenses, tags or permits shall be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents [.] , except that the 6 months residence requirement shall be waived.
2. The issuance of all such licenses, tags and permits shall be made by application upon a form provided for that purpose by the department. The application shall include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the department to determine whether or not an applicant is actually so assigned.
Sec. 3. NRS 502.110 is hereby amended to read as follows:
502.110 Not more than one license of each class shall be issued to any one person during each license period, except upon an affidavit by the applicant that the license issued has been lost or destroyed and upon payment of a fee of [$2.] $4 or a fee equal to the original license fee, whichever is less. The person issuing the license pursuant to this section may delay issuance for a period not to exceed 48 hours to confirm that a valid license has been previously issued during the current license period.
Sec. 4. NRS 502.300 is hereby amended to read as follows:
502.300 1. It is unlawful for any person, except a person under the age of 12, as provided in NRS 502.010, to [take any pheasant without first procuring a state pheasant stamp and having such stamp in his possession while taking such pheasants.] hunt any pheasant unless at the time of such hunting he carries on his person an unexpired state pheasant stamp validated by his signature in ink across the face of the stamp.
2. State pheasant stamps shall be sold for a fee of $2 by the department and by persons authorized by the department to sell hunting licenses as provided in NRS 502.040. The department shall issue such stamps only to holders of valid hunting licenses. The form of such stamps shall be determined by the department.
Sec. 5. NRS 503.150 is hereby amended to read as follows:
503.150 1. [It] Unless otherwise specified by commission regulation, it is unlawful to hunt:
(a) Any game bird or game animal with any gun capable of firing more than one round with one continuous pull of the trigger, or with any full steel, full steel core, full metal jacket, tracer or incendiary bullet or shell, or any shotgun larger than number 10 gauge.
(b) [Unless otherwise specified by commission regulation, big] Big game animals in any manner other than with a rifle, held in the hand, that exerts at least 1,000 foot-pounds of energy at 100 yards, or with a longbow and arrow which meet the specifications established by commission regulation.
(c) Small game animals in any manner other than with a handgun, shotgun, rifle, longbow and arrow or by means of falconry.
(d) Game birds with any rifle or handgun, or in any manner other than with a shotgun held in the hand, with a longbow and arrow or by means of falconry.
(e) Migratory game birds with any shotgun capable of holding more than three shells.
(f) Any game bird or game animal with the aid of any artificial light.
κ1973 Statutes of Nevada, Page 672 (CHAPTER 456, AB 461)κ
(g) Any big game animal, except mountain lions, with a dog of any breed.
2. Nothing in this section prohibits the use of dogs in the hunting of game birds or small game animals.
________
Assembly Bill No. 476Messrs. Dini and Jacobsen
CHAPTER 457
AN ACT relating to the Virginia City historic district; enlarging the powers of the commission; regulating the location of housetrailers; providing a penalty; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 384.030 is hereby amended to read as follows:
384.030 As used in this chapter:
1. Commission means the Virginia City historic district commission.
2. Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.
3. Historic district means an area within which structures and places of historical interest are under the protection of the commission.
4. Structure means any building for whatever purpose constructed or used [,] , housetrailer as defined in NRS 484.069, stone wall, fence, light fixture, step, paving, advertising sign, bill poster and any fixture appurtenant thereto, but does not include structures or signs of a temporary nature such as those erected for celebrations or parades.
Sec. 2. NRS 384.080 is hereby amended to read as follows:
384.080 1. The commission is vested with all of the functions and powers relating to the administration of this chapter.
2. It may, to the extent permitted by moneys appropriated or otherwise receive therefor, employ such technical and clerical personnel, including a building inspector, as may be necessary to the discharge of its duties, and fix their compensation.
Sec. 3. NRS 384.100 is hereby amended to read as follows:
384.100 1. The commission may establish an historic district in such portions of Storey and Lyon counties and Carson City as it may designate as provided in this chapter embracing an area within which historic structures, sites and railroads relating to the Comstock lode and its history are or were located.
2. Before establishing any such district, the commission shall hold a public hearing after giving notice of the time and place of such hearing in a newspaper of general circulation in each county a portion of which is located within the proposed district.
κ1973 Statutes of Nevada, Page 673 (CHAPTER 457, AB 476)κ
3. Such notice shall be published once a week for 3 consecutive weeks and shall include the purpose of the hearing and the boundaries of the proposed district.
4. At such hearing any person may appear in support of or in opposition to the establishment of such district.
5. Within 15 days after the hearing the commission shall:
(a) Establish an historic district and fix its boundaries; or
(b) Determine not to establish an historic district.
6. If an historic district is established, notice thereof shall be given by one publication in a newspaper of general circulation in each county a portion of which is located within the district.
7. The commission may alter or change the boundaries of the district by following the same procedure as provided in this section for the establishment of a district.
8. After an historic district is established, no housetrailer may be placed or established in any area within the district, unless the commission and the board of county commissioners or supervisors in the appropriate county permits the establishment of a trailer overlay or the location of a mobile home park within the district, upon a finding that such action is needed and that it would not conflict with the historic aspect and character of the affected area.
Sec. 4. NRS 384.110 is hereby amended to read as follows:
384.110 1. No structure shall be erected, reconstructed, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the commission. The application for a certificate of appropriateness shall be in such form and accompanied by such plans, specifications and other material as the commission may from time to time prescribe.
2. In its deliberations under the provisions of this chapter, the commission shall not consider interior arrangement or use, and shall take no action under this chapter except for the purpose of preventing the erection, reconstruction, restoration, alteration, moving or razing of buildings in the district obviously incongruous with the historic aspects of the district.
3. Nothing in this chapter shall be construed to prevent:
(a) The ordinary maintenance or repair of any exterior architectural feature in the historic district which does not involve a change of design or material or the outward appearance thereof;
(b) The construction, reconstruction, alteration or demolition of any such feature which the building inspector or similar authority certifies is required by the public safety because of an unsafe or dangerous condition; or
(c) The construction, reconstruction, alteration or demolition of any such feature under a permit issued by a building inspector or similar authority prior to the effective date of the establishment of such district.
4. Any person who violates the provisions of this section shall be punished by a fine of not more than $500 for each offense. Each day of the violation constitutes a separate offense.
Sec. 5. NRS 384.190 is hereby amended to read as follows:
κ1973 Statutes of Nevada, Page 674 (CHAPTER 457, AB 476)κ
384.190 [Any county or municipal] The building inspector [within the district] employed by the commission may investigate, inspect and examine any structure, place or area in the district, either in connection with an application for a certificate of appropriateness, or at any time to determine whether the same is in violation of any provision of this chapter or any regulation or order made under authority of this chapter. The building inspector shall give a citation to any person so determined to be a violator.
________
Senate Bill No. 147Committee on Judiciary
CHAPTER 458
AN ACT relating to terms of imprisonment; enlarging the class of persons who may be sentenced to concurrent terms of imprisonment; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.035 is hereby amended to read as follows:
176.035 1. [Whenever a person shall be] Except as provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may, in its discretion, provide that the sentences subsequently pronounced shall run either concurrently or consecutively with the sentence first imposed. [2. If the court shall make] Except as provided in subsections 2 and 3, if the court makes no order with reference thereto, all sentences shall run concurrently. [; but whenever]
2. Whenever a person under sentence of imprisonment [shall commit] commits another crime constituting a felony and [be] is sentenced to another term of imprisonment [,] for such felony, such latter term shall not begin until the expiration of all prior terms.
3. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced shall run concurrently or consecutively with the one first imposed.
4. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence shall be executed without reference to the unexpired term of imprisonment.
[3.] 5. This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
Sec. 2. NRS 212.200 is hereby repealed.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 675κ
Senate Bill No. 197Senators Drakulich, Lamb, Herr, Echols and Blakemore
CHAPTER 459
AN ACT relating to motor vehicles; requiring a manufacturer to bear the expense of correcting certain defects; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every manufacturer of a vehicle who furnishes notification to the registered owner of the vehicle of any defect in the vehicle related to vehicle safety shall, notwithstanding the limitations of any warranty relating to such vehicle, correct such defect at the manufacturers expense and without charge to the registered owner of the vehicle if the vehicle is returned to any vehicle dealer franchised by the manufacturer to market the vehicle, or, at the election of the manufacturer, reimburse the registered owner for the actual cost of making such correction.
2. This section does not require a vehicle dealer to make the required correction if the manufacturer has failed to make available to the dealer the parts needed to make the correction.
________
Senate Bill No. 525Senators Herr, Brown and Lamb
CHAPTER 460
AN ACT relating to the Spring Mountain youth camp; making an appropriation for recreational purposes; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the Spring Mountain youth camp in Clark County, Nevada, the sum of $4,000 for recreational purposes.
Sec. 2. The moneys appropriated pursuant to section 1 shall be placed in a special fund and expended for recreational purposes only.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 676κ
Senate Bill No. 218Committee on Education
CHAPTER 461
AN ACT relating to lands set aside for public school purposes in platted areas; providing a maximum size for sites; revising the requirement for offer of resale to original seller if site is not utilized for school purposes; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.020 is hereby amended to read as follows:
116.020 1. Whenever any lands are [hereafter] laid out and platted as mentioned in NRS 116.010, the owner or owners of the same or any trustee or trustees selected by the owner or owners shall cause to be made out an accurate map or plat, particularly setting forth and describing:
(a) All the parcels of ground so laid out and platted by their boundaries, course and extent, and their position with reference to monuments erected or constructed, not less than one to each four blocks, with definite and exact relation to the center lines of the streets of the plat or subdivision, and whether they are intended for avenues, streets, lanes, alleys, commons or other public uses, together with such as may be reserved for public purposes.
(b) All blocks and lots, whether intended for sale or otherwise, by numbers or letters, and their precise length and width.
(c) By course and distance, the position of one or more of the monuments with reference to a known and established corner of the public land survey.
(d) Each monument or mark by which the location of the blocks, lots, streets, alleys and public places has been fixed by survey upon the ground.
2. If the lands so laid out and platted comprise 40 acres or more, the planning commission or governing body with which the tentative map or plat is filed shall, as soon as practicable, provide a copy of such map to the board of trustees of the school district within which such lands are located. Within 30 days after receipt of such copy, the board of trustees shall, if a school site is needed within the area, notify such commission or body that a site is requested.
3. If the board of trustees requests a site, the person who platted the land shall set aside a site of [no less than 5] not more than 10 acres. Such person and the board of trustees shall negotiate for the price of the site, which shall not exceed the fair cash market value of the land as determined by competent appraisal. If any lands purchased by a school district pursuant to the provisions of this subsection have not been placed in use as a school site at the end of 10 years from the date of purchase, they shall then first be offered to the person who platted the land or his successor in interest at a sale price equal to the [original purchase price plus an amount of money equal to the property taxes which would have been levied and paid if the land had not been purchased by the school district and simple interest at 6 percent per annum on the amount of the original purchase price from the date of purchase by the school district to the date of acceptance of the offer.]
κ1973 Statutes of Nevada, Page 677 (CHAPTER 461, SB 218)κ
of acceptance of the offer.] fair market value at the time of such offer. If such person does not accept the offer, then the board of trustees may:
(a) Sell or lease such property in the manner provided in NRS 393.220 to 393.320, inclusive [.] ;
(b) Exchange such property in the manner provided in NRS 393.326 to 393.3293, inclusive [.] ; or
(c) Retain such property, if such retention is determined to be in the best interests of the school district.
Sec. 2. NRS 116.070 is hereby amended to read as follows:
116.070 Whenever any land dedicated to the use of the public school system, pursuant to the provisions of NRS 116.020 as it read prior to April 6, 1961, or any land purchased and used as a school site pursuant to the provisions of NRS 116.020 after April 6, 1961, becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall [:] , except as otherwise provided in NRS 116.020:
1. Sell or lease the land in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive; or
2. Exchange the land in the manner provided in NRS 277.050 or in NRS 393.326 to 393.3293, inclusive.
________
Senate Bill No. 461Senator Young
CHAPTER 462
AN ACT relating to attorneys at law; prohibiting private practice by certain attorneys publicly elected and employed; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 228.080 is hereby amended to read as follows:
228.080 1. The attorney general is authorized to appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed shall have the power to perform all duties now required of the attorney general.
2. Before entering upon the discharge of his duties, each deputy so appointed, shall take and subscribe to the constitutional oath of office, which shall be filed in the office of the secretary of state.
3. Deputy attorneys general shall receive annual salaries in the amounts specified in NRS 284.182. [, and, with the approval of the attorney general, may engage in the private practice of law.] Deputy attorneys general shall not engage in the private practice of law after July 1, 1975.
Sec. 2. NRS 252.045 is hereby amended to read as follows:
252.045 [District attorneys] The district attorney of a county having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce may engage in the private practice of law.
κ1973 Statutes of Nevada, Page 678 (CHAPTER 462, SB 461)κ
national census of the Bureau of the Census of the United States Department of Commerce may engage in the private practice of law. In any other county, the district attorney shall not engage in the private practice of law after July 1, 1975.
Sec. 3. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who shall have power to transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys shall be responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
4. Deputy district attorneys of counties having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce may engage in the private practice of law. In any other county, deputy district attorneys shall not engage in the private practice of law after July 1, 1975.
5. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any such person appointed shall be fixed by the board of county commissioners.
Sec. 4. NRS 260.040 is hereby amended to read as follows:
260.040 1. The compensation of the public defender shall be fixed by the board of county commissioners. [, and he shall be permitted to engage in private civil practice of the law.] The public defender of any two or more counties shall be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of such counties [.] , subject to the provisions of subsection 4.
2. The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as he considers necessary to enable him to carry out his responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this state and may be placed on a part-time or full-time basis.
3. The compensation of persons appointed under subsection 2 shall be fixed by the board of county commissioners of the county or counties so served.
4. The public defender and his deputies and assistant attorneys in a county having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce may engage in the private practice of law.
κ1973 Statutes of Nevada, Page 679 (CHAPTER 462, SB 461)κ
law. In any other county, the public defender and his deputies and assistant attorneys shall not engage in the private practice of law after July 1, 1975.
5. The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his office. However, the board of county commissioners may provide for an allowance in place of facilities. Each such item is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties shall be prorated among the counties concerned.
Sec. 5. Section 3.060 of Article III of the charter of the city of Las Vegas, being chapter 515, Statutes of Nevada 1971, at page 1074, is hereby amended to read as follows:
Section 3.060 City attorney: Qualifications; duties.
1. The city attorney shall be:
(a) A duly licensed member of the State Bar of Nevada.
(b) The legal officer of the city and shall perform such duties as may be designated by ordinance.
(c) At least 25 years of age.
(d) A citizen of the United States.
(e) A registered voter within the city for at least 2 years immediately prior to the year in which the election is held.
2. The city attorney shall receive a salary in an amount fixed by the board of commissioners.
3. The city attorney shall not engage in the private practice of law after July 1, 1975.
________
Senate Bill No. 353Committee on Finance
CHAPTER 463
AN ACT relating to data processing; providing that certain agencies may negotiate for services with the data processing commission; changing the composition of the data processing commission; changing procedures for use of the computer facility and billing therefor; providing for repayment of capital costs for such facility; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 242.170 is hereby amended to read as follows:
242.170 Using agencies means the department of highways, the department of motor vehicles, the state controller [, the legislative counsel bureau] and the central data processing division of the department of administration. Except as set forth in NRS 242.230, using agencies shall have all of their data processing equipment services furnished by the commission. The employment security department, the Nevada industrial commission or the legislative counsel bureau may negotiate for data processing equipment services to be furnished by the computer facility on a mutually agreeable basis with the commission.
κ1973 Statutes of Nevada, Page 680 (CHAPTER 463, SB 353)κ
equipment services to be furnished by the computer facility on a mutually agreeable basis with the commission.
Sec. 2. NRS 242.190 is hereby amended to read as follows:
242.190 1. There is hereby created a data processing commission whose members shall consist of:
(a) The state controller, who shall act as chairman;
(b) The director of the department of motor vehicles;
(c) The director of the department of administration; [and]
(d) The state highway engineer [.] ; and
(e) If the employment security department has services furnished by the computer facility, the executive director of the employment security department; and
(f) If the Nevada industrial commission has services furnished by the computer facility, the chairman of the Nevada industrial commission.
2. The commission shall meet as often as necessary but at least once every 3 months. Members of the commission shall serve without additional compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
Sec. 3. NRS 242.270 is hereby amended to read as follows:
242.270 1. Any using agency shall adhere to the various regulations, standards, practices, policies and conventions prescribed by the commission. The commission is not responsible for the application or program design, development or implementation of any using agency.
2. The commission shall review and approve all proposed data processing applications having an estimated developmental cost of $50,000 or more. No using agency shall commence development work on any such applications until approval and authorization have been obtained from the commission.
Sec. 4. NRS 242.290 is hereby amended to read as follows:
242.290 1. [The] Except as provided in subsection 3, the amount receivable from any using agency availing itself of the services of the computer facility shall be determined by the manager in each case and shall include:
(a) The monthly cost of operating and maintaining the computer facility, distributed among the using agencies in proportion to the services performed for any using agency. [The cost of computer time and services required by the fiscal analyst to perform his duties shall be considered part of the monthly cost of operating and maintaining the computer facility.]
(b) After July 1, 1971, a service charge in an amount determined by distributing the monthly installment [and interest payment] for the construction costs of the computer facility among the using agencies in proportion to the services performed for any using agency.
2. The manager shall prepare and submit monthly to the using agencies for which services of the computer facility have been performed an itemized statement of the amount receivable from each using agency.
3. The commission may authorize, if in its judgment the circumstances warrant, a fixed cost billing for services rendered to a using agency.
κ1973 Statutes of Nevada, Page 681 (CHAPTER 463, SB 353)κ
Sec. 5. NRS 242.350 is hereby amended to read as follows:
242.350 [1. Commencing July 1, 1971, the construction costs of $535,600 for the computer facility in Carson City, Nevada, shall be repaid over a 20-year period at 3 percent interest from the commission revolving fund account to the general fund in the state treasury.
2. The state controller shall for this purpose:
(a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period;
(b) On June 30 of each year transfer the amount of one payment from the commission revolving fund account to the general fund in the state treasury, until the prescribed amount and interest have been fully paid.]
1. Commencing July 1, 1973, and continuing until the construction costs of $535,600 for the computer facility in Carson City, Nevada, have been paid, the commission shall pay annually to the state treasurer for deposit in the general fund in the state treasury 2 percent of the facilitys original acquisition cost.
2. For any subsequent capital additions to the computer facility, the commission shall pay annually to the state treasurer for deposit in the general fund in the state treasury 2 percent of the original cost of such capital additions, until such cost has been fully paid.
________
Senate Bill No. 541Senator Close
CHAPTER 464
AN ACT relating to private investigators, private patrolmen, process servers, polygraph operators, repossessors and canine security handlers and trainers; changing certain requirements for licensing such persons; providing certain disciplinary procedures; providing a civil fine; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. Before issuing any license or annual renewal thereof, the board shall require satisfactory proof that the applicant or licensee has effective public liability insurance coverage written by an insurance company authorized to do business in this state and providing limits of liability in amounts of not less than:
(a) $100,000 for the death or injury of one person in any one incident.
(b) $300,000 for the death or injury of two or more persons in any one incident.
(c) $20,000 for the damage or destruction of property of another in any one incident.
2. Every licensee shall maintain the insurance coverage required by this section in full force and effect.
κ1973 Statutes of Nevada, Page 682 (CHAPTER 464, SB 541)κ
this section in full force and effect. The license of every such licensee is automatically suspended during any period such coverage is not in effect.
3. Proof of such insurance coverage shall be in such form as the board may require.
Sec. 3. If the person on the basis of whose qualifications a license is issued is absent from this state for a period of 30 consecutive days or ceases to be affiliated with the licensee for any reason, the licensee may continue to operate for such temporary period and under such terms and conditions as the board shall prescribe by regulation.
Sec. 4. If, after a hearing, the board finds that cause exists for disciplining any licensee, the board may:
1. Revoke the license of such licensee.
2. Suspend the license of such licensee for not more than 1 year.
3. Fine such licensee not more than $1,000.
4. Suspend an order under this section upon such terms and conditions as the board considers appropriate.
5. Place such licensee on probation for not more than 2 years upon such terms and conditions as the board considers appropriate.
6. Publicly or privately reprimand such licensee.
Sec. 5. NRS 648.013 is hereby amended to read as follows:
648.013 Private patrolman means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen, uniformed traffic-control officers or other individuals for the purpose of protecting persons or property, [or] to prevent the theft, loss or concealment of property of any kind [.] or to investigate the theft, loss or concealment of property he has been hired to protect.
Sec. 6. NRS 648.030 is hereby amended to read as follows:
648.030 1. The board shall from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this chapter.
2. The board shall have the authority to take evidence as to any matters cognizable by it.
3. Any member of the board may administer oaths in all matters pertaining to the duties of the board.
4. The board shall classify licensees according to the type of business in which they are engaged and may limit the field and scope of the operations of a licensee to those in which he is classified.
5. The board [shall] may by regulation not inconsistent with this chapter fix such qualifications of licensees [, in addition to those prescribed in this chapter,] as may be necessary to promote the public welfare.
Sec. 7. NRS 648.070 is hereby amended to read as follows:
648.070 Every applicant for a license under this chapter shall file with the board a written application accompanied by a fee of $50 to cover costs of examination. The fee shall not be [rebatable.] refundable. The written application shall be in accordance with the following provisions:
1. If the applicant is an individual the application shall be signed and verified by the individual.
κ1973 Statutes of Nevada, Page 683 (CHAPTER 464, SB 541)κ
2. If the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership.
3. If the applicant is a corporation:
(a) The applicant shall be signed and verified by the president, the secretary and the treasurer thereof, and shall specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporations outstanding paid-up capital stock.
(4) Whether such stock was paid for in cash or property, and if in property, the nature and description of the property.
(5) The name of the person or persons affiliated with the corporation who possess the qualifications required for a license under this chapter.
(b) The application shall [also] be accompanied by a duly certified copy of the corporations certificate of incorporation [.] together with a certification from the secretary of state that the corporation is in good standing and, if the corporation is a foreign corporation, a certification from the secretary of state that the corporation is qualified to do business in this state.
(c) The successor to every such officer shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribed for an individual signatory to an application.
(d) In the event of the death, resignation or removal of such officer, due notice of that fact shall forthwith be given in writing to the chairman of the board.
4. If the applicant fails to pass the examination required by NRS 648.100 he shall not be reexamined until he has paid another fee of $50 to cover costs of reexamination.
5. If the applicant is applying for a license as a canine security handler and trainer, the application shall be accompanied by an additional fee of $25 to cover the costs of a field examination. If the applicant fails to pass the field examination or cancels the field examination within 48 hours prior to the time scheduled for it, he shall not be reexamined in the field until he has paid an additional fee of $25.
Sec. 8. NRS 648.100 is hereby amended to read as follows:
648.100 1. The board shall require an applicant to take a written examination [,] and may require an applicant to take an oral examination. [and] The board shall make such investigation of an applicant as it [may deem] considers necessary. The applicant shall pay to the board, in addition to the application fee, a sum equivalent to the cost of investigation but not exceeding $500.
2. Examinations shall be given at least four times a year at such times and places as the board fixes by regulation.
3. The board may refuse to grant a license if it determines that the applicant has:
(a) Committed any act which if committed by a licensee would be a ground for the suspension or revocation of a license under this chapter.
κ1973 Statutes of Nevada, Page 684 (CHAPTER 464, SB 541)κ
(b) Committed any act constituting dishonesty or fraud.
(c) A bad moral character, intemperate habits, or a bad reputation for truth, honesty and integrity.
(d) Been convicted of a felony or any crime involving moral turpitude or illegally using, carrying or possessing a dangerous weapon.
(e) Been refused a license under this chapter or had a license revoked.
(f) Been an officer, director, partner or manager of any firm, partnership, association or corporation which has been refused a license under this chapter or whose license has been revoked.
(g) While unlicensed, performed any act for which a license is required by this chapter.
(h) Knowingly made any false statement in his application.
Sec. 9. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the board shall grant any license, the applicant shall meet the following requirements:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States.
(c) Be of good moral character and temperate habits.
(d) Be a resident of the State of Nevada for at least 6 months.
(e) Have no felony conviction [.] nor any conviction of a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
(f) If an applicant for a private investigators license, have at least 5 years experience as an investigator, or the equivalent thereof, as determined by the board.
(g) If an applicant for a repossessors license, have at least [3] 5 years experience as a repossessor, or the equivalent thereof, as determined by the board.
(h) If an applicant for a private patrolmans license, have at least [3] 5 years experience as a private patrolman, or the equivalent thereof, as determined by the board.
(i) If an applicant for a process servers license, have at least 2 years experience as a process server, or the equivalent thereof, as determined by the board.
(j) If an applicant for a polygraph examiners license, have at least [2] 3 years experience as a polygraph examiner, or the equivalent thereof, as determined by the board.
(k) If an applicant for a canine security handlers and trainers license, demonstrate to the satisfaction of the board his ability to handle and train security and guard animals.
(1) Other requirements as determined by the board.
2. The board when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, shall issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the license period which shall end on July 1 next following.
Sec. 10. NRS 648.142 is hereby amended to read as follows:
648.142 1. The license, when issued, shall be in such form as may be determined by the board and shall include:
κ1973 Statutes of Nevada, Page 685 (CHAPTER 464, SB 541)κ
(a) The name of the licensee.
(b) The name under which the licensee is to operate.
(c) The number and date of the license.
(d) The expiration date of the license.
(e) If the licensee is a corporation, the name of the person or persons affiliated with the corporation on the basis of whose qualifications such license is issued.
(f) The classification or classifications of work which the license authorizes.
2. The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.
3. Upon the issuance of a license, a pocket card of such size, design and content as may be determined by the board shall be issued without charge to each licensee, if an individual, or if the licensee is a person other than an individual, to its manager and to each of its officers, directors and partners, which card shall be evidence that the licensee is duly licensed pursuant to this chapter. When any person to whom a card is issued terminates his position, office or association with the licensee, the card shall be surrendered to the licensee and within 5 days thereafter shall be mailed or delivered by the licensee to the board for cancellation.
4. A licensee shall, within 30 days after such change, notify the board of any and all changes of his address, of the name under which he does business, and of any change in its officers, directors or partners.
5. A license issued under this chapter is not assignable.
Sec. 11. NRS 648.150 is hereby amended to read as follows:
648.150 The board may discipline any licensee [by revoking or suspending his license] for any of the following causes:
1. Conviction of a felony or of any offense involving moral turpitude.
2. Violation of any of the provisions of this chapter.
3. A false statement by the licensee that any person is or has been in his employ.
4. Any unprofessional conduct or unfitness of the licensee or any person in his employ.
5. Any false statement or the giving of any false information in connection with an application for a license or a renewal or reinstatement of a license.
6. Any act in the course of the licensees business constituting dishonesty or fraud.
7. Impersonation or aiding and abetting an employee in the impersonation of a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
8. During the period between the expiration of a license for failure to renew within the time fixed by this chapter and the reinstatement of such license, the commission of any act which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
9. Willful failure or refusal to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
κ1973 Statutes of Nevada, Page 686 (CHAPTER 464, SB 541)κ
10. Commission of assault, battery or kidnaping.
11. Knowing violation of any court order or injunction in the course of business as a licensee.
12. Any act which is a ground for denial of an application for a license under this chapter.
Sec. 12. NRS 648.170 is hereby amended to read as follows:
648.170 1. Before [suspending, revoking or refusing to issue any license,] imposing any disciplinary order, the board shall:
(a) At least 10 days prior to the date set for hearing, notify the licensee or applicant in writing of any charges made.
(b) Afford the accused an opportunity to be heard in person or by counsel in reference thereto.
2. Written notice may be served by delivery of the same personally to the accused or by mailing the same by registered or certified mail to the place of business last theretofore specified by the accused as registered with the board.
3. At the time and place fixed in the notice, the board shall proceed to hear the charges. The accused and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto.
4. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which hearing has been continued, the board shall continue the hearing for a period not to exceed 30 days.
Sec. 13. NRS 648.190 is hereby amended to read as follows:
648.190 This chapter shall not apply:
1. To any detective or officer belonging to the law enforcement agencies of the State of Nevada or the United States, or of any county or city of the State of Nevada, while any such detective or officer is engaged in the performance of his official duties.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while any such officer is engaged in the performance of his official duties. [, or employed as a repossessor by any bank which is organized under the laws of this state or by a national bank which does a banking business in this state.]
3. To insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators.
4. To any person employed [as special agent, detective or private investigator for one employer exclusively] by an employer regularly in connection with the affairs of that employer [.] if a bona fide employer-employee relationship exists.
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the superintendent of banks, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
κ1973 Statutes of Nevada, Page 687 (CHAPTER 464, SB 541)κ
acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
10. To any bank organized under the laws of this state or to any national bank engaged in banking in this state.
________
Assembly Bill No. 892Committee on Ways and Means
CHAPTER 465
AN ACT relating to the Nevada National Guard; creating the Nevada National Guard educational encouragement fund; providing prerequisites for receipt of benefits; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 412 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The Nevada National Guard educational encouragement fund in hereby created in the state treasury.
2. The adjutant general may authorize the payment of 50 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends the University of Nevada as a full-time or part-time student from the Nevada National Guard educational encouragement fund.
3. The adjutant general may authorize the payment of 50 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends a community college as a full-time or part-time student from the Nevada National Guard educational encouragement fund.
4. To be eligible to receive benefits from the fund, an individual must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.
________
κ1973 Statutes of Nevada, Page 688κ
Senate Bill No. 327Senators Foley, Brown, Bryan, Close, Drakulich, Echols, Hecht, Herr, Lamb, Neal, Raggio, Walker, Wilson and Young
CHAPTER 466
AN ACT relating to bicycle pathways; providing a program to foster the construction of bicycle pathways; authorizing the Nevada state park system to administer such program; making an appropriation; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Sections 2 to 8, inclusive, of this act may be cited as the Bicycle Pathways Act.
Sec. 3. As used in sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Bicycle pathway means a course, path or route constructed for the use of pedal-propelled bicycles.
2. Political subdivision means a county, city or town in this state.
Sec. 4. In order to foster the development of bicycle pathways the system may:
1. Enter into and administer agreements with any political subdivision of this state to establish bicycle pathways.
2. Accept and disburse funds to such political subdivisions or combinations thereof for the construction of bicycle pathways if such political subdivisions allocate an equal amount of funding for such construction.
3. Apply for and receive federal or other moneys for the purpose of constructing bicycle pathways or encouraging outdoor recreation.
Sec. 5. The system shall:
1. Prepare bicycle pathway design and construction standards.
2. Promulgate rules or regulations for the approval of bicycle pathway construction projects prior to the disbursement of funds for such projects.
3. Require political subdivisions or combinations thereof to submit plans for the construction of bicycle pathways in their respective areas.
Sec. 6. Bicycle pathways shall be planned, developed and administered by the political subdivisions in which such bicycle pathways are located.
Sec. 7. Political subdivisions receiving funds under the provisions of sections 2 to 8, inclusive, of this act shall use such funds only to establish bicycle pathways along highways, roads, streets in parks and other public rights-of-way or open spaces which are feasible for such use.
Sec. 8. Those political subdivisions which accept funds for the construction of bicycle pathways under the provisions of sections 2 to 8, inclusive, of this act shall permit authorized representatives of the system to inspect and audit all documents and records of such political subdivisions pertaining to the use of such funds.
Sec. 9. There is hereby appropriated from the general fund in the state treasury to the division of state parks of the state department of conservation and natural resources the sum of $250,000 for the purpose of constructing bicycle paths.
κ1973 Statutes of Nevada, Page 689 (CHAPTER 466, SB 327)κ
of conservation and natural resources the sum of $250,000 for the purpose of constructing bicycle paths. The funds hereby appropriated shall be used to match available federal funds for the purpose of constructing bicycle paths or to match an equal amount of funds made available by cities or counties for bicycle paths.
Sec. 10 This act shall become effective upon passage and approval.
________
Assembly Bill No. 260Messrs. Bennett, Crawford, Craddock, Ullom, Hayes, Demers, May, Barengo, Banner, Vergiels, Mrs. Brookman, Messrs. Hickey, Glover, Smalley, Bremner, Mrs. Gojack and Mr. Wittenberg
CHAPTER 467
AN ACT relating to treatment of emotionally disturbed children; authorizing the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation to operate a facility therefor; and providing other matters properly relating thereto.
[Approved April 20, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Administrator means the administrator of the mental hygiene and mental retardation division.
Sec. 4. Client includes an emotionally disturbed child, his parent or guardian or other members of his family, or any combination thereof.
Sec. 5. Clinic director means the chief administrative officer of the treatment facility for emotionally disturbed children operated by the division.
Sec. 6. Department means the department of health, welfare and rehabilitation.
Sec. 7. Division means the mental hygiene and mental retardation division of the department.
Sec. 8. Division facility means any unit or subunit operated by the division.
Sec. 9. Emotionally disturbed child means any person who has attained the age of 2 years but has not attained the age of 18 years, whose progressive personality development is interfered with or arrested by a variety of factors so that he shows impairment in the capacity expected of him for his age and endowment:
1. For reasonably accurate perception of the world around him;
2. For impulse control;
3. For satisfying and satisfactory relations with others;
κ1973 Statutes of Nevada, Page 690 (CHAPTER 467, AB 260)κ
4. For learning; or
5. For any combination of the above.
Sec. 10. Treatment means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time hospitalization, engaged in by a client and a trained mental health or mental retardation therapist, whether professional or paraprofessional, which are designed to facilitate the adjustment and effective functioning of an emotionally disturbed child in his present or anticipated life situation. Treatment includes, but need not be limited to:
1. Outpatient services such as:
(a) Family counseling;
(b) Group therapy for parents, adolescents and children;
(c) Classes for parents in effective child management techniques;
(d) Individual therapy for children; and
(e) Evaluation services, including behavioral assessments and studies of individual social environments.
2. Day care services, involving half-day or after-school educational programs, individual or group therapy and behavior modification efforts.
3. In cooperation with the welfare division of the department, placement in transitional homes operated by professionally trained parents working in close consultation with the director and his staff.
4. Short-term residential services providing 24-hour supervision, evaluation and planning and intensive family counseling, behavior modification, individual and group therapy and educational evaluation and consultation.
Sec. 11. Treatment facility means the division facility authorized by subsection 2 of section 12 of this act to provide treatment for emotionally disturbed children.
Sec. 12. 1. The division may provide treatment for emotionally disturbed children at any division facility.
2. The division is hereby authorized to operate a treatment facility in or near Las Vegas, Nevada, specifically for the purpose of providing treatment for emotionally disturbed children.
Sec. 13. The administrator shall appoint a clinic director to serve as the chief administrative officer of the treatment facility authorized by subsection 2 of section 12 of this act.
Sec. 14. 1. The clinic director shall be selected on the basis of his training, experience, capacity and interest in the treatment of emotionally disturbed children, and in the administration of mental health treatment facilities.
2. The clinic director shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
3. The clinic director shall receive the per diem expense allowance and travel expenses fixed by law.
Sec. 15. 1. The clinic director, subject to the approval of the administrator, shall appoint such medical, technical, clerical and operational staff as the execution of his duties, the care and treatment of clients and the maintenance and operation of the treatment facility may require.
κ1973 Statutes of Nevada, Page 691 (CHAPTER 467, AB 260)κ
2. The appointments shall be made in accordance with the provisions of chapter 284 of NRS.
Sec. 16. The clinic director, subject to the approval of the administrator, shall establish rules and regulations for the operation of the treatment facility. He shall coordinate the activities of the treatment facility with those of public and private childrens service agencies in the state.
Sec. 17. The administrator is authorized to receive any emotionally disturbed child for treatment in the treatment facility or any other division facility if the child is a resident of the State of Nevada and if:
1. The child is committed by court order to the custody of the administrator or to a division facility; or
2. The childs parent, parents or legal guardian makes application for treatment of the child.
Sec. 18. 1. In any case involving commitment by court order, admission to the treatment facility shall be only after consultation with an approval by the clinic director, whose responsibility it shall be to determine whether the treatment available at the facility is appropriate or necessary for the childs health and welfare.
2. A child committed by court order shall not be released from the treatment facility until the clinic director determines that treatment in the facility is no longer beneficial to the child.
Sec. 19. In any case involving an application from the childs parent, parents or legal guardian, the child shall first be examined and evaluated by the clinic director or his staff, and admitted to the treatment facility only if, in the judgment of the clinic director:
1. The child can benefit from the treatment program; and
2. Facilities and staff are available and adequate to meet the childs needs.
Sec. 20. Any emotionally disturbed child who has been:
1. Committed by court order to the custody of the administrator, the superintendent of the Nevada state hospital, the director of the Southern Nevada comprehensive mental health center or to any other division facility; or
2. Voluntarily admitted to a division facility,
may be transferred to another division facility at the discretion of the administrator without further court order.
Sec. 21. 1. Sections 2 to 21, inclusive, of this act do not purport to deprive any person of any legal rights without due process of law.
2. Unless the context clearly indicates otherwise, the provisions of this chapter relating to commitment, hospitalization and release procedures for mentally ill persons, including but not limited to opportunity for a hearing and the right to counsel, apply to all persons subject to the provisions of sections 2 to 21, inclusive, of this act.
Sec. 22. NRS 210.200 is hereby amended to read as follows:
210.200 1. Upon request of the superintendent, a person committed to the school shall be accepted by the [Nevada mental health institute] mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for observation, diagnosis and treatment, for a period not to exceed 90 days.
κ1973 Statutes of Nevada, Page 692 (CHAPTER 467, AB 260)κ
2. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator of the mental hygiene and mental retardation division, upon medical consultation, finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the [Nevada mental health institute.] custody of the administrator of the mental hygiene and mental retardation division.
3. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order any such person be committed to the custody of the administrator of the mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.180. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 23. NRS 210.650 is hereby amended to read as follows:
210.650 1. Upon request of the superintendent, a person committed to the school shall be accepted by the [Nevada mental health institute] mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for observation, diagnosis and treatment for a period not to exceed 90 days.
2. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator of the mental hygiene and mental retardation division, upon medical consultation, finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the [Nevada mental health institute.] custody of the administrator of the mental hygiene and mental retardation division.
3. If, after observation, the [superintendent and medical director of the Nevada mental health institute] administrator, upon medical consultation, finds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to the custody of the administrator of the mental hygiene and mental retardation division or to an appropriate institution outside the State of Nevada approved by the director for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of NRS 210.580. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 24. This act shall become effective at 12:01 a.m. on July 1, 1973.
________
κ1973 Statutes of Nevada, Page 693κ
Assembly Bill No. 27Messrs. Ashworth and Capurro
CHAPTER 468
AN ACT relating to Nevada industrial insurance; establishing a subsequent accident account of the state insurance fund of the Nevada industrial commission; providing for charges thereto; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. There shall be a special account within the state insurance fund to be known and designated as the subsequent injury account, which shall be used only for the purpose of defraying charges against it as provided in section 3 of this act.
Sec. 3. 1. If an employee covered by the Nevada industrial commission who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the commission shall pay compensation provided by this act on behalf of the employers and shall establish rules and regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
2. If the subsequent injury of such an employee shall result in the death of the employee and it shall be determined that the death would not have occurred except for such preexisting permanent physical impairment, the commission shall pay the compensation prescribed by this act on behalf of the employers and shall establish rules and regulations for allocating such compensation costs between the employers involved and the subsequent injury account.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to be obtaining reemployment if the employee should be unemployed. For the purposes of this section, no condition shall be considered a permanent physical impairment unless it would support a rating of permanent impairment of 12 percent or more of the whole man if evaluated according to the latest edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.
4. In order to qualify under this section for credit against the subsequent injury account, the employer must establish by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired or at the time the employee was retained in employment after the employer acquired such knowledge.
5. An employer shall notify the commission of any possible claim against the subsequent injury account as soon as practicable, but in no event later than 100 weeks after the injury or death.
________
κ1973 Statutes of Nevada, Page 694κ
Assembly Bill No. 25Messrs. Ashworth and Capurro
CHAPTER 469
AN ACT relating to legislative bills or amendments thereto; requiring fiscal notes showing financial impact on Nevada industrial insurance premiums or state insurance fund created by chapter 616 of NRS for all legislative bills or amendments thereto; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Before any bill which affects the premiums charged to employers as provided in chapters 616 or 617 of NRS or the state insurance fund established by chapter 616 of NRS is considered at a public hearing of any committee of the assembly or the senate or before a vote is taken thereon by such committee, the legislative counsel shall obtain a fiscal note in the manner and form, to the extent applicable, provided for in NRS 218.271 to 218.2758, inclusive, showing the financial impact on the premiums charged employers by the Nevada industrial commission and on the state insurance fund.
2. Such information shall be provided by the Nevada industrial commission upon request of the legislative counsel.
3. The department of administration is not required to review such fiscal notes but upon request of any legislator, the fiscal analyst shall review such fiscal note and submit his findings to the requester.
Sec. 2. NRS 218.271 is hereby amended to read as follows:
218.271 [The] Except as otherwise provided by this chapter, the requirement of NRS 218.272 to 218.2758, inclusive, that a fiscal note be obtained before a bill is considered in committee applies only to bills whose preparation is requested of the legislative counsel by an agency or officer of the executive branch of the state government, but any legislator may request the preparation of a fiscal note for a bill whose fiscal effect is $2,000 or more which he has introduced or is about to introduce, and the provisions of NRS 218.272 to 218.2758, inclusive, concerning the form, preparation and printing of fiscal notes apply also to such requests.
________
κ1973 Statutes of Nevada, Page 695κ
Assembly Bill No. 801Mrs. Brookman, Messrs. Smalley, Vergiels and Schofield
CHAPTER 470
AN ACT relating to the aging services division of the department of health, welfare and rehabilitation; providing that the administrator may disburse state funds to aid local programs for the aging operated by nonprofit organizations or political subdivisions of this state to obtain federal matching grants; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427A.090 is hereby amended to read as follows:
427A.090 1. The division is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.
2. The administrator may disburse state funds, to the extent the division has moneys budgeted for such purpose, to enable nonprofit, sponsoring organizations and political subdivisions of this state to obtain matching federal grants. The administrator may disburse funds pursuant to this subsection only when such funds are necessary to obtain matching federal grants for programs for the aged and aging and when the administrator is satisfied that such organizations have exhausted any available local sources of funds.
________
Assembly Bill No. 926Committee on Transportation
CHAPTER 471
AN ACT relating to motor vehicle operators; removing the distinction between resident and nonresident operators with respect to special fuel users licenses and temporary motor vehicle carrier licenses; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this chapter, it is unlawful for any special fuel dealer or special fuel user to sell or use special fuel within this state unless such special fuel dealer or special fuel user is the holder of a special fuel dealers or special fuel users license issued to him by the department.
2. [A nonresident] Any owner or operator of a motor vehicle coming within the provisions of this chapter may apply for a temporary special fuel license which shall be purchased from the first available vendor. [upon entry into the state.] The fee for such license shall be $10 for each motor vehicle. Such license shall satisfy the requirements of this chapter and authorize the operation of such motor vehicle or combination of vehicles upon the highways of this state for a period of 48 consecutive hours.
κ1973 Statutes of Nevada, Page 696 (CHAPTER 471, AB 926)κ
hours. Such license shall allow purchase of special fuel tax free from a licensed special fuel dealer. Upon request, the department shall allow credit for such licenses purchased, provided the applicant applies to the department and is licensed as a special fuel user within 60 days after the purchase of the first such license within a licensing year. Such application shall be considered received on the date shown by the post office cancellation mark stamped on the envelope containing such application properly addressed to the department. Such license shall be evidenced by a sticker displayed on each self-propelled vehicle in a manner specified by the department.
3. The department may adopt, amend and repeal regulations relating to the issuance of any special fuel dealers or special fuel users license and the collection of fees therefor.
Sec. 2. NRS 706.521 is hereby amended to read as follows:
706.521 1. [A nonresident operator of a vehicle coming within the provisions of NRS 706.011 to 706.791, inclusive,] Any person, except operators of driveaway-towaway convoy vehicles, [and a resident operator of a vehicle dealing in the business of moving houses or parts of houses while in a constructed or partially constructed state] shall have the option, in lieu of causing such vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a 48-hour temporary license to be issued forthwith upon payment of a fee equal to 5 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar. The minimum fee for such 48-hour temporary license shall not be less than $6 per vehicle nor more than $30 per combination of vehicles.
2. A 48-hour temporary license shall authorize operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 shall, upon application to the department in such form and detail as the department may require, be issued a proper identifying device. The fee for each such device is $2.
4. Upon request, the department shall allow credit for the period for which such licenses were purchased if the applicant is licensed under the provisions of NRS 706.496 to 706.516, inclusive, within 60 days after the purchase of the first such license within a licensing year.
5. No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary license during a calendar year unless such person has received permission to operate in this state pursuant to the provisions of NRS 706.266.
Sec. 3. NRS 706.541 is hereby amended to read as follows:
706.541 Any person electing or required to pay license fees under the provisions of NRS 706.521, 706.526 or 706.856 shall purchase the necessary temporary licenses, through the [first] nearest available vendor [upon entry into] in the State of Nevada.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 697κ
Assembly Bill No. 809Messrs. Dini and Jacobsen
CHAPTER 472
AN ACT establishing and clarifying the boundary between Washoe and Storey counties.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 243.335 is hereby amended to read as follows:
243.335 1. There shall be a county, to be known as Storey County, to include all that part of the [Territory] State of Nevada within the boundaries described as follows: Beginning at the northwestern corner of Lyon County, and running thence in an easterly direction along the northern boundary of Lyon County to the northeastern corner thereof; thence north, in a straight line, to the road leading from the lower crossing of the Truckee River to the Sink of the Humboldt; thence westerly, along the road, to the Truckee River; thence up the middle of the Truckee River to the eastern line of Washoe County; thence southerly along the line to the place of beginning.
2. The boundaries of Storey County shall be: [the boundaries existing January 1, 1963, as described in this section, notwithstanding any future change in the course of the Truckee River, whether such change results from natural or other causes.]
(a) Insofar as the Truckee River constitutes a common boundary between counties, the centerline of the Truckee River as such centerline existed on the effective date of section 6 of chapter XXIV, Laws of the Territory of Nevada 1861, and such boundary shall not change because of manmade or natural changes made or which may be made in the course of the Truckee River; and
(b) As specifically described in part in NRS 243.340.
Sec. 2. NRS 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Carson City, and running easterly along the northern boundary of Carson City to the [summit of the mountains east of Washoe Lake; thence in a northerly course along the summit of the mountains to the lower end of the Big Meadows, on] county boundary monument common to Washoe County, Lyon County, Carson City and Storey County; thence N. 12Ί22′55″ W. 3,137.70 feet to the section corner common to sections 10, 11, 14 and 15, T. 16 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 11 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 16 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 11 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 16 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 1 and 2 to the east one-quarter corner of section 2; thence easterly along the east-west one-quarter section line to the range line common to R.
κ1973 Statutes of Nevada, Page 698 (CHAPTER 472, AB 809)κ
common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along such range line to the township line common to T. 16 N. and T. 17 N., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 25 and 36, T. 17 N., R. 20 E., and sections 30 and 31, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 24 and 25, T. 17 N., R. 20 E., and sections 19 and 30, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 13 and 24, T. 17 N., R. 20 E., and sections 18 and 19, T. 17 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 18 and 19 to the section corner common to sections 17, 18, 19 and 20, T. 17 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 7 and 18 to the south one-quarter corner of section 7; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 6 and 7, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the township line common to T. 17 N. and T. 18 N., M.D.B. & M.; thence westerly along the township line to the south one-quarter corner of section 36, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 25 and 36, T. 18 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 25 and 36 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the section corner common to sections 24 and 25, T. 18 N., R. 20 E., M.D.B. & M., and sections 19 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 19 and 30 to the section corner common to sections 19, 20, 29 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 19 and 20 to the section corner common to sections 17, 18, 19 and 20, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 7 and 8 to the section corner common to sections 5, 6, 7 and 8, T. 18 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the section corner common to sections 6 and 7 and sections 1 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence continuing westerly along the section line common to sections 1 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 1 and 2 to the section corner common to sections 1 and 2 and sections 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 35 and 36 to the section corner common to sections 25, 26, 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 25 and 26 to the section corner common to sections 23, 24, 25 and 26, T.
κ1973 Statutes of Nevada, Page 699 (CHAPTER 472, AB 809)κ
26 to the section corner common to sections 23, 24, 25 and 26, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 23 and 24, to the section corner common to sections 13, 14, 23 and 24, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 13 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 19 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 12 and 13 to the centerline of the Truckee River [;] (as described in paragraph (a) of subsection 2 of NRS 243.335); thence down such centerline of the Truckee River to its lower crossing; thence S. 53Ί06′03″ E. to a point in the Immigrant Road further described as being a 1 1/4-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27Ί53′57″ W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10, sections 2 and 11 and sections 1 and 12, T. 20 N., R. 24 E., and sections 6 and 7 and sections 5 and 8, T. 20 N., R. 25 E., M.D.B. & M., to its intersection with the northerly right-of-way line of Interstate Highway 80; thence N. 38Ί41′41″ E., 1,665.47 feet to a point marked by a sandstone monument measuring 12 inches by 12 inches by 4 feet located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1: [, the common boundary line between Carson City and Washoe County is redefined on July 1, 1969, and such boundary line is hereby established as provided in section 1.030 of chapter 213, Statutes of Nevada 1969.]
(a) The common boundary line between Carson City and Washoe County is redefined on July 1, 1969, and such boundary line is hereby established as provided in section 1.030 of chapter 213, Statutes of Nevada 1969, as amended.
(b) The common boundary line between Storey County and Washoe County is redefined on the effective date of this act, and such boundary line is hereby established as provided in subsection 1 and NRS 243.335.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 700κ
Assembly Bill No. 928Committee on Transportation
CHAPTER 473
AN ACT relating to motor carriers; making various technical changes in provisions relating to reports, size limits, and registration and licensing of vehicles.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.196 is hereby amended to read as follows:
706.196 1. The department may:
(a) Require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.
(b) Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state.
2. [A report is considered delinquent when it has not been received by the department by the due date of the following months report, or quarterly report, or as otherwise prescribed by this chapter or by rules and regulations of the department. Such report shall be deemed received on the date shown on the post office cancellation mark stamped on an envelope containing such report, properly addressed to the department, if such date is earlier than the date of actual receipt.
3.] The fact that such books, papers and records are not maintained in this state shall not cause the department to lose any right of examination under this chapter when and where such books, papers and records become available.
Sec. 2. NRS 706.271 is hereby amended to read as follows:
706.271 No vehicle shall be licensed or permitted to operate on the highways of this state under the provisions of this chapter when such vehicle exceeds the size, height, weight or load limit weight provided by the laws of this state.
Sec. 3. NRS 706.556 is hereby amended to read as follows:
706.556 Whenever any identifying device is [lost or destroyed and a replacement therefor is issued] replaced or [whenever an identifying device is] transferred, there shall be a nonrefundable charge of $2.
Sec. 4. NRS 706.846 is hereby amended to read as follows:
706.846 Upon the payment of all fees required under NRS 706.801 to 706.861, inclusive, [and] or upon being satisfied that such fee is secured and upon compliance with the laws of this state in order to register [the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of] such vehicles, the department of motor vehicles shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law, except that such vehicles shall not be so registered unless they are registered and have paid fees pursuant to law in some other state which has adopted the plan or with which this state has reciprocity.
Sec. 5. NRS 706.856 is hereby amended to read as follows:
706.856 1. The owner or operator of a vehicle coming within the provisions of the Interstate Highway User Fee Apportionment Act may, in lieu of registering such vehicle pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a 48-hour temporary registration upon payment of a fee of $2.50, which fee shall be in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.
κ1973 Statutes of Nevada, Page 701 (CHAPTER 473, AB 928)κ
provisions of the Interstate Highway User Fee Apportionment Act may, in lieu of registering such vehicle pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a 48-hour temporary registration upon payment of a fee of $2.50, which fee shall be in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 706.861, inclusive.
2. A 48-hour temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person exercising this option shall purchase the license at the first available vendor [upon entry into] in the State of Nevada. Owners or operators of a vehicle obtaining a 48-hour temporary registration from a vendor shall be considered as having elected this option for this vehicle by virtue of the purchase. Any [trip made] 48-hour period of time for which a 48-hour temporary registration was not purchased shall be billed for such 48-hour temporary registration on an audit [unless the vehicles have since been licensed during the current registration period] until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.
4. Every person electing to pay fees on a 48-hour temporary registration basis shall keep a written record of every trip made into or through this state and each 48-hour temporary registration so purchased, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department shall allow credit for the period for which such licenses were purchased provided the applicant applies and prorates his vehicle registration within 60 days after the purchase of the first such license within a licensing year.
6. The provisions of this section do not apply to interchange trailers if such interchange trailers are entitled to operate without payment of additional fees according to the rules and regulations of the department.
________
Assembly Bill No. 927Committee on Transportation
CHAPTER 474
AN ACT relating to the department of motor vehicles; changing the period for reporting for special fuel tax users and motor vehicle carrier purposes to quarterly reporting; increasing minimum amount of excise tax due; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.370 is hereby amended to read as follows:
366.370 1. The excise tax imposed by this chapter with respect to the use or sale of special fuel during any calendar [month] quarter shall be due and payable on or before the 25th day of the immediately succeeding calendar month following the [monthly] quarterly period to which it relates.
κ1973 Statutes of Nevada, Page 702 (CHAPTER 474, AB 927)κ
be due and payable on or before the 25th day of the immediately succeeding calendar month following the [monthly] quarterly period to which it relates.
2. If the due date falls on a Saturday, Sunday or legal holiday, the next secular or business day shall be the final due date.
3. Such payment shall be considered received on the date shown by the post office cancellation mark stamped upon an envelope containing such payment properly addressed to the department.
Sec. 2. NRS 366.380 is hereby amended to read as follows:
366.380 1. On or before the 25th day of [each month,] January, April, July and October in each year, each special fuel dealer or special fuel user shall file with the department a [monthly tax return,] quarterly tax return for the preceding quarter, regardless of the amount of excise tax due, on a form prescribed by the department, together with supporting schedules.
2. The return shall show such information as the department may reasonably require for the proper administration and enforcement of this chapter.
3. The [monthly] quarterly tax return shall be accompanied by a remittance, payable to the department, for the amount of excise tax due thereunder, or a minimum remittance of [$2,] $6, whichever is greater.
4. The department shall transmit all remittances to the state treasurer for deposit in the state highway fund pursuant to the provisions of NRS 366.700.
Sec. 3. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any person failing to pay any excise tax, except taxes assessed under the provisions of NRS 366.405, within the time prescribed by this chapter shall pay in addition to such tax a penalty of 10 percent of the amount thereof, plus interest on the amount of such tax at the rate of 1 percent per month or fraction thereof, from the date such tax became finally due and payable until the date of payment.
2. Any person who fails to submit a [monthly] quarterly tax return shall pay a penalty of $10 for each delinquent tax return, in addition to any other penalty provided by this chapter.
3. A tax return is considered delinquent when it has not been received by the department by the due date of the [following months] tax return, as prescribed by this chapter or by rules [and] or regulations of the department.
Sec. 4. NRS 366.405 is hereby amended to read as follows:
366.405 1. If the department is not satisfied with the records, statements or amount of tax paid by any person pursuant to the provisions of this chapter, it may make an additional or estimated assessment of tax due from such person based upon any information available to it. Every additional or estimated assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the date such additional assessment is imposed until paid.
2. If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of this chapter or the rules [and] or regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of such additional assessment shall be added thereto.
κ1973 Statutes of Nevada, Page 703 (CHAPTER 474, AB 927)κ
amount of such additional assessment shall be added thereto. If any part of such deficiency is found to be caused by fraud or an intent to evade this chapter or rules [and] or regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the additional assessment shall be added thereto.
3. The department shall give such person written notice of such additional assessment. Such notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to such person at his address as it appears in the records of the department. Every notice of additional assessment proposed to be assessed under this chapter shall be served within [2 years] 28 months after the claimed erroneous report was filed.
4. When a special fuel user or special fuel dealer refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary in satisfying the department that the amount of tax paid by such user or dealer is correct, the additional or estimated assessment made pursuant to this section is presumed to be correct, and the burden is upon the person challenging any such assessment to establish that it is erroneous.
5. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department for a redetermination within 15 days after service of such notice. If such a petition is not filed with the department within such period, such assessment shall become final.
6. If a petition for redetermination is filed within such period, the department shall reconsider the assessment and, if the petitioner so requests, shall grant him an oral hearing and give him 10 days notice of the time and place of such hearing. The department may continue such hearing from time to time as may be necessary.
7. The order of the department upon such a petition shall become final 15 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.
Sec. 5. NRS 366.550 is hereby amended to read as follows:
366.550 1. When the department may deem it necessary, or when specifically provided by this chapter, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, must provide a bond duly executed by the applicant or holder of a special fuel dealers license or holder of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond shall be fixed by the department at [three] one and one-third times the estimated amount of the [monthly] quarterly tax, determined in such manner as the department shall deem proper, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond shall not exceed $5,000.
κ1973 Statutes of Nevada, Page 704 (CHAPTER 474, AB 927)κ
not exceed $5,000. The amount so fixed shall be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license shall affect the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the department may prescribe:
(a) A like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which shall indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and which shall indicate that such amount is unavailable for withdrawal except upon order of the department. Interest earned on such amount shall accrue to the account of the applicant for or holder of the special fuel dealers license or special fuel users license.
Sec. 6. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest shall be refunded to the person paying the same. Written application for refund, stating the specific grounds therefor, shall be made within [2 years] 28 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds shall be made to a successor, [assign,] assignee, estate or heir of such person if written application is made within the time limit.
3. Any amount determined to be refundable by the department shall be refunded or credited to any amounts then due and payable from the special fuel dealer or special fuel user to whom the refund is due.
4. All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain month may apply for a special fuel tax refund or apply credit in lieu of refund to succeeding reports.
6. Temporary special fuel licensees are eligible for special fuel tax refunds in the manner provided by rules and regulations of the department.
Sec. 7. NRS 706.551 is hereby amended to read as follows:
706.551 1. Any person electing to pay license fees under the provisions of NRS 706.516 to 706.526, inclusive, shall, in addition to any other penalties prescribed by this chapter, pay a $10 penalty for every delinquent tax return or quarterly report.
κ1973 Statutes of Nevada, Page 705 (CHAPTER 474, AB 927)κ
other penalties prescribed by this chapter, pay a $10 penalty for every delinquent tax return or quarterly report.
2. A tax return or quarterly report is considered delinquent when it has not been received by the department by the due date of the [following months] tax return, or quarterly report, as prescribed by this chapter, or by rules [and] or regulations of the department. Such tax return or quarterly report shall be deemed received on the date shown on the post office cancellation mark stamped on an envelope containing such tax return or quarterly report, properly addressed to the department, if such date is earlier than the date of actual receipt.
Sec. 8. NRS 706.571 is hereby amended to read as follows:
706.571 1. If illegally or through error the department collects or receives any fee, penalty or interest imposed under NRS 706.011 to 706.861, inclusive, the fee, penalty or interest shall be refunded to the person paying it. Written application for refund, stating the specific grounds therefor, shall be made within [2 years] 28 months after the date of payment, whether or not the fee, penalty or interest was paid voluntarily or under protest.
2. Refunds shall be made to a successor, [assign,] assignee, estate or heir of such person if written application is made within the time limit.
3. Any amount determined to be refundable by the department shall be refunded or credited to any amounts then due and payable from the person to whom the refund is due.
4. All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 9. NRS 706.791 is hereby amended to read as follows:
706.791 1. If the department is not satisfied with the records, statements or amount of fees paid by any person, pursuant to the provisions of NRS 706.011 to 706.861, inclusive, it may make an additional or estimated assessment of fees due from such person based upon any information available to it.
2. Every such assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the date such assessment is imposed until paid.
3. If any part of a deficiency for which such assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of NRS 706.011 to 706.861, inclusive, or the rules and regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of such assessment shall be added thereto. If any part of such deficiency is found to be caused by fraud or an intent to evade this chapter or rules and regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of such assessment shall be added thereto.
4. The department shall give such person written notice of such assessment. Such notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to such person at his address as it appears in the records of the department.
κ1973 Statutes of Nevada, Page 706 (CHAPTER 474, AB 927)κ
the department. Every notice of assessment shall be served within [2 years] 28 months after the allegedly erroneous report was filed.
5. When any person refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary in satisfying the department that the amount of tax paid by such person is correct, the assessment made pursuant to this section is presumed to be correct, and the burden is upon the person challenging any such assessment to establish that it is erroneous.
6. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department for a redetermination within 15 days after service of such notice. If such a petition is not filed with the department within such period, such assessment shall become final.
7. If a petition for redetermination is filed within such period, the department shall reconsider the assessment and, if the petitioner so requests, shall grant him an oral hearing and give him 10 days notice of the time and place of such hearing. The department may continue such hearing from time to time as may be necessary.
8. The order of the department upon such a petition shall become final 15 days after service of notice thereof. If any such assessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.
________
Assembly Bill No. 921Committee on Judiciary
CHAPTER 475
AN ACT to amend NRS 180.050, to permit state public defender to contract with county public defenders for legal services.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 180.050 is hereby amended to read as follows:
180.050 1. The state public defender may contract with attorneys licensed to practice law in the State of Nevada and with county public defenders to provide services required by this chapter if it is impracticable for him or his deputies to provide such services for any reason.
2. All such contract services shall be performed under the supervision and control of the state public defender.
________
κ1973 Statutes of Nevada, Page 707κ
Assembly Bill No. 913Committee on Judiciary
CHAPTER 476
AN ACT to amend NRS 180.010, relating to the state public defender, by placing his salary in the unclassified service schedule.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 180.010 is hereby amended to read as follows:
180.010 1. The office of state public defender is hereby created.
2. The state public defender shall:
(a) Be an attorney licensed to practice law in the State of Nevada.
(b) Be in the unclassified service of the state.
(c) Receive a salary [of $20,000 per year.] as provided in NRS 284.182.
(d) Not engage in the private practice of law.
3. No other officer or agency of the state may supervise the state public defender or assign him duties in addition to those prescribed by this chapter.
________
Assembly Bill No. 829Committee on Government Affairs
CHAPTER 477
AN ACT relating to building, electrical and plumbing permit fees of counties and cities; providing that such fees are inapplicable to the State of Nevada and its political subdivisions; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Subject to the limitations contained in NRS 278.580 and 444.340 to 444.430, inclusive, the boards of county commissioners shall have power and jurisdiction within their respective counties to:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Such established fees shall not apply to the State of Nevada and its political subdivisions.
Sec. 2. NRS 266.366 is hereby amended to read as follows:
266.366 [The] Subject to the limitations contained in NRS 278.580 and 444.340 to 444.430, inclusive, the city council may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
κ1973 Statutes of Nevada, Page 708 (CHAPTER 477, AB 829)κ
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Such established fees shall not apply to the State of Nevada and its political subdivision.
Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Subject to the limitations contained in NRS 278.580 and 444.340 to 444.430, inclusive, the city council or other governing body of an incorporated city shall have the power to:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Such established fees shall not apply to the State of Nevada and its political subdivisions.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 885Committee on Ways and Means
CHAPTER 478
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of settling a specific claim after certain contingencies are met.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 41.037 or any other law, there is hereby appropriated from the general fund in the state treasury the sum of $2,160 to the state board of examiners for the specific purpose of making an administrative settlement of a claim of Leila Hund, if the attorney general recommends such a settlement, the board of examiners allows and approves the amount, and a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1973 Statutes of Nevada, Page 709κ
Assembly Bill No. 847Committee on Ways and Means
CHAPTER 479
AN ACT relating to the rehabilitation division of the department of health, welfare and rehabilitation; revising the purposes and establishing the amount of the rehabilitation division revolving fund; authorizing the exemption of purchases therefrom from the State Purchasing Act; declaring the nonreversionary nature of such revolving fund and of the special maintenance fund for the vocational rehabilitation of disabled persons; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created in the state treasury the rehabilitation division revolving fund in the amount of $10,000 to be used for the payment of claims of clients and vendors under procedures established by the division.
2. Upon written request form the administrator, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the administrator in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. When the warrant is paid, the administrator shall deposit the $5,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.
3. After expenditure of money from the revolving fund, the administrator shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the rehabilitation division revolving fund, to be paid to the order of the administrator, and the state treasurer shall pay the same.
4. Moneys in the rehabilitation division revolving fund shall not revert to the general fund at the end of the fiscal year, but shall continue in the revolving fund from year to year.
5. Purchases paid for from the rehabilitation division revolving fund for the purposes authorized by subsection 1 shall be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.
Sec. 2. NRS 615.260 is hereby amended to read as follows:
615.260 1. The division is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the administrator are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons. Such moneys may be invested, reinvested and used as provided in subsection 1.
κ1973 Statutes of Nevada, Page 710 (CHAPTER 479, AB 847)κ
moneys may be invested, reinvested and used as provided in subsection 1.
3. Moneys in the special maintenance fund for the vocational rehabilitation of disabled persons shall not revert to the general fund at the end of the fiscal year, but shall continue in such fund from year to year.
________
Assembly Bill No. 839Committee on Government Affairs
CHAPTER 480
AN ACT relating to public employees retirement; adding council of governments as public employers for the purposes of the Public Employees Retirement Act; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.070 is hereby amended to read as follows:
286.070 1. As used in this chapter, public employer means the state, one of its agencies or one of its political subdivisions, irrigation districts created under the laws of the State of Nevada, [and] the Las Vegas Valley Water District, created pursuant to chapter 167, Statutes of Nevada 1947, as amended, [and] a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500 [.] and a council of governments created pursuant to the laws of the State of Nevada.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit funds with the state treasurer.
________
Assembly Bill No. 836Committee on Government Affairs
CHAPTER 481
AN ACT relating to the exemption from ad valorem taxation of religious societies and corporations; revising provisions requiring such societies and corporations to file claims for tax exemptions; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.125 is hereby amended to read as follows:
361.125 1. Churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned, shall be exempt from taxation; but when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.
κ1973 Statutes of Nevada, Page 711 (CHAPTER 481, AB 836)κ
necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned, shall be exempt from taxation; but when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.
2. Notwithstanding the provisions of NRS 361.155 or any other law, after an initial claim for a tax exemption authorized by subsection 1 has been filed as provided in NRS 361.155, no further claim for tax exemption need be filed by any claimant with the county assessor. No county assessor may demand that a further claim for such a tax exemption be filed with him as a condition precedent before allowing such tax exemption.
3. Whenever any property ceases to be exempt from taxation by reason of the provisions of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall forthwith notify the county assessor of such fact.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 831Committee on Government Affairs
CHAPTER 482
AN ACT annexing certain described real property to the City of Sparks, Nevada; detaching certain real property from the City of Reno and adding the same to the City of Sparks; amending the 1949 and 1971 charters of the City of Sparks and the 1903 and 1971 charters of the City of Reno; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Article I of chapter 180, Statutes of Nevada 1949, at page 372, entitled An Act to incorporate the City of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, is hereby amended to read as follows:
Section 1. 1. That on and after the passage and approval of this act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereafter set forth, shall be and constitute a body politic and corporate, by the name and style of the City of Sparks, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of said city shall include all the inhabitants, lands, tenements and property embraced within the southwest quarter of section four; and south half of section five; the south half of the southeast quarter of section six; the northeast quarter of section seven; the north half of section eight; using as the southern boundary of this portion what is now known as Glendale avenue, and the northwest quarter of section nine; all in township nineteen north, range twenty east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time heretofore or hereafter be embraced or included lawfully within established limits of said city as hereinafter provided.
κ1973 Statutes of Nevada, Page 712 (CHAPTER 482, AB 831)κ
quarter of section nine; all in township nineteen north, range twenty east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time heretofore or hereafter be embraced or included lawfully within established limits of said city as hereinafter provided.
2. The boundaries of the City of Sparks are hereby extended by adding to the City of Sparks the following described real property:
(a) Commencing at the East 1/4 corner of Section 6, T. 19 N., R. 20 E., M.D.B. & M.; thence N. 46Ί30′51″ W. a distance of 1,767.45 feet, to the true point of beginning; thence S. 01Ί28′08″ W. a distance of 500.00 feet; thence S. 89Ί23′42″ E. a distance of 45.53 feet to a point on a curve; thence along a non-tangent curve to the right whose back tangent bears N. 08Ί34′00″ E. having central angle of 00Ί40′09″, a radius of 585.00 feet, an arc length of 6.83 feet to a point of reverse curvature; thence along a tangent curve to the left having a central angle of 07Ί46′01″, a radius of 505.00 feet, an arc length of 68.46 feet; thence S. 01Ί28′08″ W. a distance of 1,268.61 feet to a point of curvature; thence along a tangent curve to the left having a central angle of 15Ί16′38″, a radius of 1,960.00 feet, an arc length of 522.61 feet; thence S. 13Ί48′30″ E. a distance of 170.55 feet; thence N. 89Ί37′55″ W. a distance of 82.53 feet; thence N. 13Ί48′30″ W. a distance of 150.34 feet to a point of curvature; thence along a tangent curve to the right having a central angle of 15Ί16′38″, a radius of 2,040.00 feet, an arc length of 543.94 feet; thence N. 01Ί28′08″ E. a distance of 1,268.62 feet to a point of curvature; thence along a tangent curve to the right having a central angle of 07Ί46′01″, a radius of 585.00 feet, an arc length of 79.30 feet to a point of reverse curvature; thence along a tangent curve to the left having a central angle of 07Ί46′01″, a radius of 505.00 feet, an arc length of 68.46 feet; thence N. 01Ί28′08″ E. a distance of 406.28 feet to a point of curvature; thence along a tangent curve to the left having a central angle of 90Ί51′50″, a radius of 20.00 feet, an arc length of 31.72 feet; thence S. 89Ί23′42″ E. a distance of 50.31 feet to the true point of beginning. Situate in the East half of Section 6, T. 19 N., R. 20 E., M.D.B. & M., and containing an area of 4.091 acres, more or less; and
(b) Commencing at the centerline intersection of Glendale Avenue and Galletti Way; thence along the centerline of Glendale Avenue N. 88Ί53′20″ W., a distance of 222.07 feet to a point, such point being further described as Engineers centerline station O 71+94.33 as shown on F.A.S. Road No. 705, 1947 A.D.; thence S. 65Ί02′08″ W., a distance of 71.35 feet to a point, such point being the intersection of the south right-of-way line of Glendale Avenue extended and the centerline of the Truckee River as established by the U.S. Army, Corps of Engineers, as per As Constructed Plans entitled Truckee River and Tributaries, Nevada, Truckee River Channel Improvements, June 5, 1959, and the true point of beginning of the herein described centerline of the Truckee River; thence along the centerline of the Truckee River S. 24Ί27′15″ E., a distance of 325.19 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 14Ί24′22″, a radius of 635.00 feet, along an arc length of 159.66 feet; thence S.
κ1973 Statutes of Nevada, Page 713 (CHAPTER 482, AB 831)κ
feet, along an arc length of 159.66 feet; thence S. 09Ί56′53″ E., a distance of 257.96 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 36Ί25′56″, a radius of 1,329.25 feet, along an arc length of 845.22 feet to a point of compound curvature; thence along a tangent curve to the left, whose back tangent bears N. 46Ί22′49″ W., having a central angle of 8Ί33′25″, a radius of 2,000.00 feet, along an arc length of 298.69 feet; thence S. 54Ί56′14″ E., a distance of 433.40 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 15Ί09′18″, a radius of 1,100.00 feet, along an arc length of 290.96 feet, thence S. 70Ί05′32″ E., a distance of 634.17 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 9Ί53′59″, a radius of 1,500.00 feet, along an arc length of 259.17 feet; thence S. 79Ί59′31″ E., a distance of 775.46 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 24Ί48′07″, a radius of 750.00 feet, along an arc length of 324.66 feet; thence S. 55Ί11′24″ E., a distance of 1,727.53 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 34Ί48′36″, a radius of 300.00 feet, along an arc length of 182.26 feet; thence due East a distance of 1,160.42 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 32Ί11′24″, a radius of 1,000.00 feet, along an arc length of 561.82 feet; thence S. 57Ί48′36″ E., a distance of 717.12 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 68Ί22′07″, a radius of 360.00 feet, along an arc length of 729.57 feet; thence N. 53Ί49′17″ E., a distance of 856.35 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 78Ί01′19″, a radius of 360.00 feet, along an arc length of 490.23 feet; thence S. 48Ί09′24″ E., a distance of 436.36 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 65Ί24′07″, a radius of 389.40 feet, along an arc length of 444.49 feet; thence N. 66Ί26′29″ E., a distance of 318.40 feet to a point of curvature; thence along a tangent curve to the right having a central angle of 23Ί21′50″, a radius of 483.65 feet, along an arc length of 197.22 feet; thence N. 89Ί48′19″ E., a distance of 256.16 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 20Ί41′17″, a radius of 547.88 feet, along an arc length of 197.83 feet; thence S. 69Ί30′24″ E., a distance of 227.81 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 56Ί07′37″, a radius of 281.36 feet, along an arc length of 275.62 feet; thence S. 13Ί22′47″ E., a distance of 575.40 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 59Ί29′38″, a radius of 175.00 feet, along an arc length of 181.71 feet; thence S. 72Ί52′25″ E., a distance of 971.96 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 49Ί12′27″, a radius of 380.64 feet, along an arc length of 326.91 feet; thence S. 23Ί39′58″ E., a distance of 330.37 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 85Ί01′30″, a radius of 327.25 feet, along an arc length of 485.63 feet; thence N. 71Ί18′32″ E., a distance of 460.95 feet to a point of curvature; thence along a tangent curve to the left, having a central angle of 63Ί16′40″, a radius of 486.90 feet, along an arc length of 537.74 feet; thence N.
κ1973 Statutes of Nevada, Page 714 (CHAPTER 482, AB 831)κ
along a tangent curve to the left, having a central angle of 63Ί16′40″, a radius of 486.90 feet, along an arc length of 537.74 feet; thence N. 08Ί01′52″ E., a distance of 122.62 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 53Ί19′46″, a radius of 298.70 feet, along an arc length of 278.02 feet; thence N. 61Ί21′37″ E., a distance of 169.43 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 29Ί05′14″, a radius of 578.19 feet, along an arc length of 293.53 feet; thence S. 89Ί33′09″ E., a distance of 390.02 feet to a point of curvature; thence along a tangent curve to the right, having a central angle of 15Ί46′46″, a radius of 721.61 feet, along an arc length of 198.73 feet; thence S. 73Ί46′23″ E., a distance of 201.45 feet to a point, such point being the intersection of the herein described centerline of the Truckee River and the North-South centerline of Section 15, T. 19 N., R. 20 E., M.D.B. & M. and the terminus of the described centerline of the Truckee River. Such terminus bears S. 52Ί45′39″ E. a distance of 3,311.96 feet from the Northwest corner of Section 15.
Sec. 2. Section 1.030 of Article I of chapter 545, Statutes of Nevada 1971, at page 1143, entitled An Act incorporating the City of Sparks in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 25, 1971, is hereby amended to read as follows:
Section 1.030 Description of territory. The territory embraced in the city is: [that]
1. That certain land described in that official plat required by NRS 234.250 to be filed with the county recorder and the county assessor of Washoe County, as such plat is revised from time to time [.] ; and
2. That certain land described in subsection 2 of section 1 of Article I of chapter 180, Statutes of Nevada 1949.
Sec. 3. Article I of chapter 102, Statutes of Nevada 1903, 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, is hereby amended by adding thereto a new section designated section 1.5, which shall immediately follow section 1 and shall read as follows:
Section 1.5. Lands lying in the City of Reno on the effective date of this act within the territory described in paragraph (a) of subsection 2 of section 1 of Article I of chapter 180, Statutes of Nevada 1949, are hereby detached from the City of Reno and are included within the boundaries of the City of Sparks.
Sec. 4. Section 1.030 of Article I of chapter 662, Statutes of Nevada 1971, at page 1962, entitled An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved May 6, 1971, is hereby amended to read as follows:
Section 1.030 Description of territory.
1. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Washoe County, as such plat is amended from time to time.
κ1973 Statutes of Nevada, Page 715 (CHAPTER 482, AB 831)κ
recorder and county assessor of Washoe County, as such plat is amended from time to time.
2. The territory described in paragraph (a) of subsection 2 of section 1 of Article I of chapter 180, Statutes of Nevada 1949, lying within the City of Reno is hereby detached from the City of Reno and is included within the boundaries of the City of Sparks.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 830Committee on Government Affairs
CHAPTER 483
AN ACT relating to county park commissions; removing county commissioners as members of county park commissions in counties having a population of 100,000 or more; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.3083 is hereby amended to read as follows:
244.3083 The organizational ordinance shall state:
1. That the ordinance thereby creates a county park commission;
2. The name of the commission;
3. The powers to be exercised by the commission;
4. That the facilities to be acquired, if any, are those therein designated;
5. That the facilities previously acquired or to be acquired under or pursuant to NRS 244.308 to 244.3091, inclusive, or any other law by the board on behalf of the county, jurisdiction over and responsibility for which facilities are to be assumed subsequently by the commission, are those therein designated;
6. The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county; and
7. The names of the [six appointed] commissioners who shall serve on the first county park commission.
Sec. 2. NRS 244.3085 is hereby amended to read as follows:
244.3085 [1.] The commission shall be composed of nine members, [six of whom] who shall be appointed by the board from residents of the county at large with reference to their fitness for office.
[2. In addition to the six appointed commissioners, three county commissioners selected by the chairman of the board shall be members of the commission and shall serve during their terms of office as county commissioners.]
Sec. 3. NRS 244.3086 is hereby amended to read as follows:
244.3086 1. Of the first commissioners appointed, one shall hold office for 1 year, [one] two for 2 years, [two] three for 3 years, and [two] three for 4 years.
κ1973 Statutes of Nevada, Page 716 (CHAPTER 483, AB 830)κ
[two] three for 4 years. Thereafter all commissioners shall be appointed for terms of 4 years.
2. Commissioners shall hold office until their successors are [elected or] appointed [as the case may be] and qualified.
3. Any vacancy in the office of commissioner shall be filled for the unexpired term in the same manner as original appointments.
4. Commissioners shall serve without compensation but shall be entitled to the same travel expenses and subsistence allowances as county officers.
Sec. 4. NRS 244.3089 is hereby amended to read as follows:
244.3089 1. The commission shall hold at least four meetings each year and shall keep a complete record of all its transactions.
2. [Any five] Five commissioners shall constitute a quorum for the transaction of business.
3. Any resolution, motion or other action shall be adopted or ordered taken by a majority of the commissioners forming a quorum.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 828Committee on Government Affairs
CHAPTER 484
AN ACT relating to general improvement districts; authorizing county commissioners to vote on contracts extending beyond their terms of office where such contracts provide for supplying water to county facilities by general improvement districts; removing the jurisdiction of the public service commission of Nevada over such contracts; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.144 is hereby amended to read as follows:
318.144 1. The board shall have the power to acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.
2. Notwithstanding any other provision of this chapter, each district exercising the power granted in this section shall be under the jurisdiction of the public service commission of Nevada in regard to rates charged and services and facilities furnished in the same manner as a public utility as defined in NRS 704.020, except for: [any]
(a) Any district governed by a board of county commissioners acting, ex officio, as the board of trustees of the district.
(b) Any contract or agreement between the board and a board of county commissioners for the supplying of water by the district to county buildings of facilities.
Sec. 2. NRS 318.150 is hereby amended to read as follows:
318.150 1. Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
κ1973 Statutes of Nevada, Page 717 (CHAPTER 484, AB 828)κ
affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project. A contract or agreement between the board and a board of county commissioners for the supplying of water by the district to county buildings or facilities is not subject to the provisions of NRS 244.320.
2. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $5,000, except by labor or supplies and materials, of all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. The requirement of public notice and competitive bidding may be waived, with the permission of the board of county commissioners, upon application in writing signed by the owners of property in the district whose aggregate value is 75 percent or more of the total assessed value of taxable property in the district. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for work where the value of the work exceeds $2,000 unless the contractor furnishes to the board a performance bond and a payment bond as provided in NRS 339.025, but each such performance bond and each such payment bond shall be for 100 percent of the contract amount. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.
3. All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 3. This act shall become effective upon passage and approval.
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κ1973 Statutes of Nevada, Page 718κ
Assembly Bill No. 819Mrs. Brookman, Messrs. Barengo, Bremner, Huff and Smalley
CHAPTER 485
AN ACT relating to telephones; proscribing certain uses of the telephone; requiring relinquishment in certain circumstances; providing for notice; providing penalties; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 207 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 section 3 of this act:
1. Emergency call means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.
2. Party line means a subscribers line telephone circuit, consisting of two or more main telephone stations connected therewith, each station having a distinctive ring or telephone number.
3. Public telephone means a telephone which is made available to the public upon the deposit of a coin.
Sec. 3. 1. It is unlawful for a person to refuse to relinquish a party line immediately when he has been informed that the line is needed for an emergency call and in fact the line is needed for an emergency call.
2. It is unlawful for a person to refuse to relinquish a public telephone immediately when he has been informed that it is needed for an emergency call and in fact the line is needed for an emergency call and there is no other reasonably apparent and immediately accessible telephone from which to make the call.
3. It is unlawful for a person to secure the use of a party line or public telephone by falsely stating that it is needed for an emergency call.
Sec. 4. 1. It is unlawful for a person, firm or corporation providing telephone service to distribute or cause to be distributed in this state copies of any telephone directory if such directory fails to contain the notice required by this section.
2. Every telephone directory published and distributed after September 1, 1973, in this state which lists the telephone numbers of any telephone exchange located in this state shall contain a notice of the offense provided in section 3 of this act, as follows:
(a) The notice shall be printed in type which is at least as large as other type on the page; and
(b) The notice shall be preceded by the word warning printed in type which is at least as large as other type on the page,
except that telephone directories distributed solely for business purposes, commonly known as classified directories, need not contain such notice.
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κ1973 Statutes of Nevada, Page 719κ
Assembly Bill No. 912Committee on Judiciary
CHAPTER 486
AN ACT relating to the state public defender; providing for payment to the state public defender by counties using his services.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 180 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state public defender may collect the following amounts from the respective county for the use of his services:
For the fiscal For the fiscal
year ending year ending
June 30, 1974 June 30, 1975
Carson City.................................... $9,500........................... $10,450
Churchill......................................... 5,000........................... 5,500
Elko.................................................. 7,100........................... 7,810
Esmeralda....................................... 2,100........................... 2,310
Eureka............................................. 1,700........................... 1,870
Humboldt........................................ 6,440........................... 7,084
Lander............................................. 2,200........................... 2,420
Lincoln............................................ 2,090........................... 2,299
Lyon................................................. 5,650........................... 6,215
Mineral............................................ 5,700........................... 6,270
Nye................................................... 5,150........................... 5,665
Pershing.......................................... 4,240........................... 4,664
Storey............................................... 1,580........................... 1,738
White Pine....................................... 6,050........................... 6,655
2. The state public defender shall submit a bill to the county on or before the 15th day of May and the county shall pay such bill on or before the 20th day of July. The counties shall pay their respective amounts to the state public defender who shall deposit the same with the treasurer of the State of Nevada and shall expend the funds in accordance with his approved budget.
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Assembly Bill No. 639Mr. Schofield
CHAPTER 487
AN ACT relating to school district personnel; making an attendance officer a classified employee of certain school districts.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.150 is hereby amended to read as follows:
392.150 The board of trustees of a school district may:
κ1973 Statutes of Nevada, Page 720 (CHAPTER 487, AB 639)κ
1. Appoint [and remove at pleasure] an attendance officer, who need not be a certified employee of the school district [.] , except that in any school district where a system of classified employment is in effect, attendance officers shall be classified employees of the school district.
2. Fix his compensation.
3. Prescribe his duties.
4. Make rules and regulations not inconsistent with law for the performance of his duties.
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Assembly Bill No. 761Mr. Robinson (by request)
CHAPTER 488
AN ACT relating to optometry; requiring continuing education as a condition to annual relicensing; providing penalties; and providing other matters properly relating thereto.
[Approved April 21, 1973]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 636.260 is hereby amended to read as follows:
636.260 1. On or before the final day for renewal, each licensee shall pay a renewal fee to the secretary in the amount specified in this chapter.
2. Effective March 1, 1974, each licensee shall, at the time of paying such renewal fee, present to the secretary satisfactory evidence that during the 12 months immediately preceding he attended an educational or postgraduate program approved by the board for the number of hours as may be set by the board not exceeding 24, unless such licensee:
(a) Has been licensed to practice optometry in this state for 30 years or more on July 1, 1973;
(b) Is 65 years of age or older on July 1, 1973; or
(c) Is prevented from attending any such program because of illness or, in the discretion of the board, for other good cause.
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