[Rev. 2/28/2019 12:08:18 PM]
κ1975 Statutes of Nevada, Page 1393 (CHAPTER 688, AB 767)κ
(a) Offices of [all elected state and] other 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)] Municipal officers.
(d) Districts and other governmental agencies.
(e) Justices of the peace.
(f) The Library of Congress.
[(f)] (g) County and city libraries and libraries of the University of Nevada System.
[(g)] (h) The Nevada State Library.
(i) Accredited members of the press.
[6.] 7. The 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 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.
[7.] 8. The costs of such distributions, including postage, shall be paid from the legislative fund.
Sec. 14. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of the state printing and records division of the department of general services for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, [125] 100 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those in the 1927 session of the legislature.
4. The director of the legislative counsel bureau shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent.
5. The bound volumes shall be delivered to the legislative counsel bureau and shall constitute the journals of the senate and the assembly.
6. Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 15. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of the state shall furnish to the superintendent of the state printing and records division of the department of general services, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
κ1975 Statutes of Nevada, Page 1394 (CHAPTER 688, AB 767)κ
2. The [superintendent] director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, [county auditor,] district judge, district attorney and justice of the peace in the state. [, and an appropriate number of copies to the director of the legislative counsel bureau.]
(b) Immediately upon the adjournment of the session, collect [, print and bind] and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each county clerk, [county auditor,] district judge, district attorney and justice of the peace in the state, [and an appropriate number of copies to the director of the legislative counsel bureau;] and establish the price at which the advance sheets shall be sold to other persons.
3. The director of the legislative counsel bureau shall, immediately upon the adjournment of the session, prepare [and deliver to the superintendent] an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 16. NRS 218.510 is hereby amended to read as follows:
218.510 1. [Eight hundred] Five hundred copies of the statutes of each legislature shall be printed and bound in buckram or law sheep.
2. The bound volumes shall contain:
(a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced the same.
(b) The index as prepared by the director of the legislative counsel bureau.
3. The bound volumes containing the statutes of legislative sessions held in odd-numbered years shall contain, in addition to the items required by subsection 2 of this section:
(a) The Constitution of the United States.
(b) The constitution of the State of Nevada.
4. Other than those specified in subsections 2 and 3, no other reports, documents or things whatever shall be bound with the Statutes of Nevada.
Sec. 17. NRS 218.520 is hereby amended to read as follows:
218.520 1. The [superintendent of the state printing and records division of the department of general services] director of the legislative counsel bureau is authorized to set the style and form of the printing of the bound volumes of the Statutes of Nevada.
2. In printing the section or part of the law reenacted in an amendatory law, he shall cause to be printed between brackets or in strike-out type the words, phrases or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill. He shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment.
3. In ascertaining the correct reading, status and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.
κ1975 Statutes of Nevada, Page 1395 (CHAPTER 688, AB 767)κ
Sec. 18. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, an interim finance committee, a director, an audit division, a legal division and a research and fiscal analysis division.
2. The legislative auditor shall be chief of the audit division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research and fiscal analysis division.
3. The legislative commission shall:
(a) Appoint the director.
(b) Fix the compensation of the director and each of the division chiefs.
4. The director shall appoint the division chiefs with the approval of the legislative commission. [and may also serve as a division chief in the discretion of the commission.]
5. The director may, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
6. The director of the legislative counsel bureau, the chiefs of the divisions and legislative counsel bureau employees are entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
Sec. 19. NRS 218.647 is hereby amended to read as follows:
218.647 1. The legislative counsel bureau shall compile and publish a legislative manual [and a legislative handbook, or a combination thereof,] containing information concerning the legislature and the offices, departments, institutions and agencies of the state government [.] and other information appropriate for legislators.
2. The costs of compilation and publication shall be paid from the legislative fund.
Sec. 20. NRS 218.681 is hereby amended to read as follows:
218.681 1. The general objectives and functions of the legislative commission are to:
(a) Assist the legislature in retaining status coordinate with the executive and judicial branches of state government.
(b) Investigate and inquire only into subjects upon which the legislature may act by the enactment or amendment of statutes.
(c) Assure that the most effective use is made of the audit, fiscal, legal and research services and facilities provided by the legislative counsel bureau to the legislature and its members.
2. In addition to the powers and duties elsewhere conferred and imposed upon the legislative commission in this chapter, in order to carry out its general objectives and functions the legislative commission:
(a) Shall receive recommendations and suggestions for legislation or investigation from:
(1) Members of the legislative commission and other members of the legislature; and
(2) Any board, commission, department or officer of the state government or any local government. [;]
κ1975 Statutes of Nevada, Page 1396 (CHAPTER 688, AB 767)κ
(b) May receive recommendations and suggestions for legislation or investigation from:
[(3)] (1) Bar associations, chambers of commerce, labor unions and other organized associations and groups; and
[(4)] (2) Individual citizens.
[(b)] (c) May hold hearings on any subject or matter which is a proper subject for legislative action whenever it considers such hearings necessary or desirable in the performance of its duties.
Sec. 21. (Deleted by amendment.)
Sec. 22. NRS 345.010 is hereby amended to read as follows:
345.010 Upon publication of the Statutes of Nevada, the director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the supreme court law library, two copies.
3. To each [state officer,] justice of the supreme court, clerk of the supreme court, district judge, county [officer] clerk, district attorney and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
6. Upon request, to any state, county or municipal officer.
Sec. 23. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and records division of the department of general services, as provided in NRS 2.380, the director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two copies.
3. To each [state officer,] justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy.
4. To each public library in this state, one copy.
5. To the Nevada historical society, one copy.
6. Upon request, to any state, county or municipal officer.
Sec. 24. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau is authorized to pay the superintendent of the state printing and records division of the department of general services for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the legislative counsel bureau. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and shall be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the director of the legislative counsel bureau in the legislative fund in the state treasury.
Sec. 25. Sections 2, 4, 9, 11 and 12 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1397κ
Assembly Bill No. 774Committee on Judiciary
CHAPTER 689
AN ACT relating to crimes against the person; providing a penalty for the retention of a child in violation of a court order; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person having a limited right of custody to a child pursuant to an order, judgment or decree of any court, or any parent having no right of custody to the child, who in violation of an order, judgment or decree of any court detains, conceals or removes such child from a parent, guardian or other person having lawful custody is guilty of a misdemeanor.
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Senate Bill No. 603Committee on Judiciary
CHAPTER 690
AN ACT relating to legal notices and advertisements; increasing the maximum rate for publication of official state and county advertising in newspapers; increasing the maximum publication fees relating to water permits; and providing other matters properly relating thereto.
[Approved May 23, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 238.070 is hereby amended to read as follows:
238.070 1. All advertising ordered or required by the State of Nevada or by the respective counties of the state shall be paid for by the state or the county ordering or requiring the [same] advertising at the rate of not more than [30] 35 cents per single column line 6-point type for the first insertion, 25 cents per single column line 6-point type for the second insertion and not more than 20 cents per single column line for each subsequent insertion. [; an] An insertion [to be held to be] is one publication per week whether the newspaper in which such advertising is ordered to be done [be] is published daily or weekly.
2. Nothing contained in this section [shall prohibit] prohibits boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when a saving of public funds will be effected thereby.
Sec. 2. NRS 533.360 is hereby amended to read as follows:
533.360 1. When an application is filed in compliance with this chapter the state engineer shall, within 30 days, at the expense of the applicant, to be paid in advance as provided in this chapter, publish or cause to be published, in some newspaper having a general circulation and printed and published in the county where such water is sought to be appropriated, a notice of the application, which shall set forth:
κ1975 Statutes of Nevada, Page 1398 (CHAPTER 690, SB 603)κ
published, in some newspaper having a general circulation and printed and published in the county where such water is sought to be appropriated, a notice of the application, which shall set forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion.
(f) The purpose for which the water is to be appropriated.
The publisher shall add thereto the date of first publication and the date of last publication.
2. Upon proof of such publication, which must be filed within 30 days from the date of the last publication, the state engineer shall pay for the same from moneys deposited by the applicant for such purpose; but if the application is canceled for any reason before it is published, the fee of [$15,] $25, collected for the publication, shall be returned by the state engineer to the applicant.
Sec. 3. NRS 533.435 is hereby amended to read as follows:
533.435 1. The following fees shall be collected by the state engineer:
For examining and filing an application for permit to appropriate water [$25.00] $35.00
The [$25] $35 fee shall include the cost of publication, which publication fee is [$15.] $25.
For examining and filing an application for permit to change the point of diversion, manner of use, or place of use............................................... [30.00] 40.00
The [$30] $40 fee shall include the cost of permit should the same issue thereunder, and the cost of publication of such application, which publication fee is [$15.] $25.
For issuing and recording permit to appropriate water for irrigation purposes, for each acre to be irrigated, up to and including 100 acres, per acre................... .10
For each acre in excess of 100 acres up to and including 1,000 acres .............................................................................................. .05
For each acre in excess of 1,000 acres........................................ .03
For issuing and recording permit for power purposes, for each theoretical horsepower to be developed............................................................. .05
For issuing final certificate under permit for power purposes, for each theoretical horsepower to be developed up to and including 100 horsepower .25
For each horsepower in excess of 100 horsepower up to and including 1,000 horsepower.............................................................................. .20
For each horsepower in excess of 1,000 horsepower.............. .15
For issuing and recording permit to store water................................... 25.00 For issuing final certificate under permit to store water, for each acre-foot of water stored up to and including 1,000 acre-feet $0.05
κ1975 Statutes of Nevada, Page 1399 (CHAPTER 690, SB 603)κ
For issuing final certificate under permit to store water, for each acre-foot of water stored up to and including 1,000 acre-feet...................................... $0.05
For each acre-foot in excess of 1,000 acre-feet......................... .03
For issuing and recording permit to appropriate water for any other purpose, for each second-foot of water applied for or fraction thereof............ 10.00
For filing secondary permit under reservoir permit............................... 5.00
For approving and recording permit under reservoir permit............... 5.00
For filing proof of commencement of work............................................ 1.00
For filing proof of completion of work.................................................... 1.00
For filing proof of beneficial use.............................................................. 1.00
For filing any protest................................................................................. 10.00
For filing any application for extension of time within which to file proofs ......................................................................................................... 5.00
For filing any assignment or water right deed, for each water right assigned ......................................................................................................... 1.00
For filing any other instrument................................................................ 1.00
For making copy of any document recorded or filed in his office, for the first 100 words..................................................................................................... 1.00
For each additional 100 words or fraction thereof.................. . .20
Where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.
For certifying to copies of documents, records or maps, for each certificate ......................................................................................................... 1.00
For blueprint copy of any drawing or map, per square foot................ .15
The minimum charge for a blueprint copy, per print................ 1.00
2. When fees are not specified in subsection 1 for such other work as may be required of his office, the state engineer shall collect the actual cost of the work.
3. The minimum fee for issuing and recording any permit is $10.
4. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section shall be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map shall be kept by him and used only to pay costs of printing and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses shall be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state moneys for the purpose of carrying out the provisions of this subsection. The bank account shall be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.
κ1975 Statutes of Nevada, Page 1400 (CHAPTER 690, SB 603)κ
examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.
Sec. 4. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.
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Senate Bill No. 615Committee on Government Affairs
CHAPTER 691
AN ACT relating to county officers and employees; providing an exception to the limitation on salaries of county employees employed by or working under elected county officers; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 245.047 is hereby amended to read as follows:
245.047 [On] 1. Except as provided in subsection 2, on and after January 6, 1975, no county employee who is employed by or works under an elected county officer, other than a county commissioner, or district attorney who is permitted to private practice, may receive [an annual] a base salary in excess of 95 percent of the base salary provided in NRS 245.043 for such elected county officer.
2. The provisions of subsection 1 shall not be construed to effect a reduction of the salary of any county employee on January 6, 1975.
Sec. 2. Boards of county commissioners are authorized to approve claims of county employees in amounts equal to salary reductions resulting from the operation of NRS 245.047 prior to the effective date of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1401κ
Senate Bill No. 599Committee on Environment and Public Resources
CHAPTER 692
AN ACT relating to solid waste disposal and pollution; requiring the governing body of a municipality to submit solid waste management system plans to the department of human resources rather than to the state board of health; providing that the state environmental commission division of the department of conservation and natural resources adopt regulations concerning solid waste management systems; designating the department of human resources as the state agency for purposes of the Federal Solid Waste Disposal Act; prohibiting persons who receive certain income from serving as the director of the department of human resources or from serving on the state environmental commission; providing that civil penalties are deposited in the school fund of each county; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 444.510 is hereby amended to read as follows:
444.510 1. The governing body of every municipality or district board of health created pursuant to NRS 439.370 shall develop a plan to provide for a solid waste management system which shall adequately provide for the disposal of solid waste generated within the boundaries of the municipality or within the area to be served by the system.
2. Such governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to effectuate the plan provided for in subsection 1 and to provide a solid waste management system, or any part thereof.
3. Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.370 shall be submitted to the [state board of health] department of human resources for approval. No action shall be taken by any such governing body or district board of health until such plan has been approved.
4. Any regulation or plan adopted by the state board of health prior to July 1, 1975, for solid waste management systems shall remain in effect until the regulation or plan is revised by the state environmental commission.
Sec. 2. NRS 444.530 is hereby amended to read as follows:
444.530 The governing body of a municipality having a solid waste management system within its boundaries shall, by ordinance, establish [rules and] regulations for the operation of such system. No such ordinance shall be in conflict with any [rule and] regulation adopted by the [state board of health.] state environmental commission.
Sec. 3. NRS 444.560 is hereby amended to read as follows:
444.560 1. The [state board of health shall adopt rules and] state environmental commission shall adopt regulations concerning solid waste management systems, or any part thereof.
2. In addition to the requirements of chapter 233B of NRS, notice of the intention to adopt and the adoption of any [such rule or] regulation shall be given to the clerk of the governing board of all municipalities in this state.
3. Within a reasonable time, as fixed by the [state board of health,] state environmental commission, after the adoption of any [rule or] regulation, no governing board of a municipality or person shall operate or permit an operation in violation of such [rule or] regulation.
κ1975 Statutes of Nevada, Page 1402 (CHAPTER 692, SB 599)κ
regulation, no governing board of a municipality or person shall operate or permit an operation in violation of such [rule or] regulation.
Sec. 4. NRS 444.570 is hereby amended to read as follows:
444.570 1. The [state board of health, through the state health officer and the health division of the] state environmental commission through the department of human resources, shall:
[1.] (a) Advise, consult and cooperate with other agencies and commissions of the state, other states, the Federal Government, municipalities and persons in the formulation of plans for the establishment of any solid waste management system.
[2.] (b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.
[3.] 2. The state environmental commission shall:
(a) Develop a statewide solid waste management system plan in cooperation with governing bodies of municipalities.
[4.] (b) Examine and approve or disapprove plans for solid waste management systems.
[5.] (c) Make such investigations and inspections as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and any [rule and] regulation adopted by the [state board of health.] state environmental commission.
Sec. 5. NRS 444.580 is hereby amended to read as follows:
444.580 Any district board of health created pursuant to NRS 439.370 and any governing body of a municipality may adopt standards [, rules] and regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the [state board of health] state environmental commission and may issue permits thereunder.
Sec. 6. NRS 444.590 is hereby amended to read as follows:
444.590 The [state board of health] department of human resources is hereby designated the state agency for such purposes as are required by the Solid Waste Disposal Act (42 U.S.C. §§ 3251-3259).
Sec. 7. NRS 444.600 is hereby amended to read as follows:
444.600 In addition to any other remedies provided in NRS 444.450 to 444.590, inclusive, the [state board of health] department of human resources may bring an action in the district court having jurisdiction over the area where the alleged violation occurs, to enjoin a violation of NRS 444.450 to 444.560, inclusive, or any [rule or] regulation adopted by the [state board of health.] state environmental commission.
Sec. 8. NRS 444.610 is hereby amended to read as follows:
444.610 1. Any person who violates any [rule or] regulation adopted by the [state board of health] state environmental commission or any ordinance or resolution adopted by the governing body of a municipality or district board of health is guilty of a misdemeanor.
2. Each day or part of a day during which such violation is continued or repeated constitutes a separate offense.
Sec. 9. NRS 445.080 is hereby amended to read as follows:
445.080 1. It is unlawful for any person, firm, association or corporation to construct:
κ1975 Statutes of Nevada, Page 1403 (CHAPTER 692, SB 599)κ
(a) A dwelling; [or]
(b) A building for human occupancy; [or]
(c) A building for commercial purposes; [or]
(d) A system for the procurement or distribution of drinking water; or
(e) A system for the collection or disposal of sewage or other wastes,
in any of that portion of Nevada from which water drains into Lake Tahoe, designated in NRS 445.090 to 445.120, inclusive, as the Lake Tahoe Watershed, without first having secured written permission from the bureau of environmental health of the health division of the department of human resources.
2. It is unlawful for any person, firm, association or corporation to:
(a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe; [or]
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
without first having secured written permission from the bureau of environmental health of the health division of the department of human resources.
3. Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the bureau of environmental health of the health division of the department of human resources.
4. A permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.
Sec. 10. NRS 445.090 is hereby amended to read as follows:
445.090 1. Except as provided in subsection 2, the direct discharge of sewage or other wastes into Lake Tahoe, or within 100 feet of the established high water rim of Lake Tahoe, or within 100 feet of a stream, reservoir, spring, well or other water supply in the Lake Tahoe Watershed is prohibited.
2. Where disposal of sewage or other waste by reason of property characteristics, topography or other limitations cannot be provided other than within 100 feet of Lake Tahoe, then the bureau of environmental health of the health division of the department of human resources shall issue the required permit subject to installation and operation of such sewage works as may be necessary to provide protection to the Lake Tahoe water and the Lake Tahoe Watershed.
Sec. 11. NRS 445.100 is hereby amended to read as follows:
445.100 1. The bureau of environmental health of the health division of the department of human resources:
[1.] (a) Is authorized to enforce reasonable [rules and] regulations adopted, amended or promulgated by the [state board of health] state environmental commission and consistent with law governing the Lake Tahoe Watershed area to carry out the purpose and intent of NRS 445.080 to 445.120, inclusive.
[2.] (b) Shall have the right and authority to enter on any property within the Lake Tahoe Watershed area for the purpose of inspecting such premises to determine whether or not the same are in conformity with the provisions of NRS 445.080 to 445.120, inclusive.
κ1975 Statutes of Nevada, Page 1404 (CHAPTER 692, SB 599)κ
2. All regulations and standards adopted by the state board of health pertaining to the protection of Lake Tahoe and its watershed in force on July 1, 1975, shall remain in effect until revised by the state environmental commission pursuant to NRS 445.080 to 445.120, inclusive.
Sec. 12. NRS 445.217 is hereby amended to read as follows:
445.217 1. [If the director] The director shall not be a person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive. [, he is disqualified from taking action with respect to the permits or applications of such holders or applicants, but such disqualification shall not apply to his powers and duties with respect to other permits and applications for permits.
2. In the event the director is disqualified pursuant to subsection 1, the commission shall have authority to exercise the powers and duties of the director with respect to the permit or application for which the director is disqualified.
3.] 2. The disqualification provided in this section does not apply with respect to significant income received from [the state or from any city, county or other public body] any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created as a division of the state department of conservation and natural resources. The commission shall consist of:
(a) The director of the Nevada department of fish and game;
(b) The state forester firewarden;
(c) The state engineer;
(d) The executive director of the state department of agriculture;
(e) A member of the state board of health to be designated by that board; and
(f) Four members appointed by the governor who have a demonstrated knowledge and expertise.
2. All gubernatorial appointees shall serve at the pleasure of the governor.
3. The governor shall appoint the chairman of the commission from among the nine members.
4. Six members of the commission shall constitute a quorum and a majority of those present must concur in any decision.
5. Each member is entitled to receive traveling expenses and subsistence allowances as provided in NRS 281.160.
6. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection shall not apply to any person who [may receive significant income from the state or from any city, county or other public body] receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
κ1975 Statutes of Nevada, Page 1405 (CHAPTER 692, SB 599)κ
from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
7. Any vacancy created in the commission because of disqualification under subsection 6 shall be filled by appointment by the governor.
8. The department of human resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions, and agencies, including but not limited to, the department of highways, the state department of conservation and natural resources, the Nevada department of fish and game, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.
Sec. 15. NRS 445.477 is hereby amended to read as follows:
445.477 The department may perform a stack source emission test or require the source owner or operator to have such test made prior to approval or prior to the continuance of an operating permit or similar class of permits.
Sec. 16. NRS 445.526 is hereby amended to read as follows:
445.526 1. Whenever the director believes that a statute or regulation for the prevention, abatement or control of air pollution has been violated, he shall cause written notice to be served upon the person or persons responsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be violated; and
(b) The facts alleged to constitute the violation.
3. The notice may include an order to take corrective action within a reasonable time, which shall be specified. Such an order becomes final unless, within 10 days after service of the notice, a person named in the order requests a hearing before the commission.
4. [Without] With or without the issuance of an order pursuant to subsection 3, or if corrective action is not taken within the time specified:
(a) The director may notify the person or persons responsible for the alleged violation to appear before the commission at a specified time and place; or
(b) The commission may initiate proceedings for recovery of the appropriate penalty.
5. Nothing in this section prevents the commission or the director from making efforts to obtain voluntary compliance through warning, conference or other appropriate means.
Sec. 17. NRS 445.576 is hereby amended to read as follows:
445.576 1. As used in this section, confidential information means information or records which:
(a) Relate to quantities or dollar amounts of production or sales;
(b) Relate to processes or production unique to the owner or operator; or
(c) If disclosed, would tend to affect adversely the competitive position of the owner or operator.
2. The emission of an air contaminant which has an ambient air quality standard or emission standard or has been designated as a hazardous air pollutant by the [Federal] United States Environmental Protection Agency cannot be certified as being confidential.
κ1975 Statutes of Nevada, Page 1406 (CHAPTER 692, SB 599)κ
air pollutant by the [Federal] United States Environmental Protection Agency cannot be certified as being confidential.
3. Any information, except information on emission data, received by the commission, the director or any local control authority which is certified to the recipient as confidential by the owner or operator disclosing the information shall, unless the owner expressly agrees to its publication or availability to the public; be used only:
(a) In the administration or formulation of air pollution controls; or
(b) In compiling or publishing analyses or summaries relating to the condition of the outdoor atmosphere which do not identify any owner or operator or reveal any confidential information; or
(c) In complying with federal statutes, rules and regulations.
4. This section does not prohibit the use of confidential information in prosecution for the violation of any air pollution control statute, ordinance or regulation.
5. A person who discloses or knowingly uses confidential information in violation of this section is guilty of a misdemeanor, and shall be liable in tort for any damages which may result from such disclosure or use.
Sec. 18. NRS 445.586 is hereby amended to read as follows:
445.586 1. All governmental sources of air contaminant shall comply with all local and state air pollution laws, regulations and ordinances.
2. All planning commissions, zoning boards of adjustment, and governing bodies of unincorporated towns, incorporated cities and counties shall in the performance of their duties imposed by chapter 278 of NRS or other statutes relating to planning and zoning consider the effects of possible air pollution and shall submit to the department for evaluation such concise statement of the effects on air quality by complex sources. [as may be required by the Environmental Protection Agency of the United States.]
Sec. 19. NRS 445.601 is hereby amended to read as follows:
445.601 1. Any person who violates any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any [rule or] regulation in force pursuant thereto, other than NRS 445.576 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any [rule or] regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 [shall not be] is not a bar to enforcement of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, [rules and] regulations in force pursuant thereto, and orders made pursuant to NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, by injunction or other appropriate remedy, and the commission or the director [has power to] may institute and maintain in the name of the State of Nevada any [and all] such enforcement proceedings.
4. All administrative fines collected by the commission pursuant to this section shall be deposited in the [general] county school district fund of the county where the violation occurred.
κ1975 Statutes of Nevada, Page 1407 (CHAPTER 692, SB 599)κ
5. Any person aggrieved by an order issued pursuant to this section is entitled to review as provided in NRS 233B.130.
Sec. 20. NRS 445.640 is hereby amended to read as follows:
445.640 1. Subject to any applicable limitation of NRS 445.650 or any regulation promulgated pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered by a new owner in [this state] certain areas of this state as designated by the commission unless the application for registration is accompanied by a certificate of emission control compliance issued by any authorized station certifying that the vehicle is equipped with motor vehicle pollution control devices required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
2. If the seller of a used vehicle is required, pursuant to the provisions of NRS 482.424, to complete a dealers report of sale, such seller shall also provide the buyer with any certificate of emission control compliance required pursuant to subsection 1.
3. The requirements of this section apply only in counties where a program of inspecting and testing motor vehicles and motor vehicle emission control systems has been implemented pursuant to NRS 445.630.
________
Senate Bill No. 612Committee on Government Affairs
CHAPTER 693
AN ACT relating to engine emission controls; limiting the application of the statutory provision which authorizes the state environmental commission to institute a program of motor vehicle inspection and testing to certain used motor vehicles; directing the state environmental commission to make a study of the cost to implement and maintain a compulsory annual motor vehicle emission control inspection program; and providing other matters properly relating thereto.
[Approved May 26, 1975]
Whereas, NRS 445.630 empowers the state environmental commission to implement a program of inspecting and testing motor vehicles and motor vehicle emission control systems when it is deemed necessary to achieve or maintain prescribed ambient air quality standards in areas of the state designated by the commission; and
Whereas, Acting under this authority in 1974 the commission initiated a pilot testing and inspection program in Clark County, applying to used motor vehicles when registered to new owners and requiring, as a condition for registration, the submission of a certificate issued by a license inspection station certifying that the vehicle is equipped with federally required emission control devices and meets certain prescribed standards with respect to emission of carbon monoxide and hydrocarbons; and
Whereas, The state environmental commission has adopted a regulation which, on July 1, 1975, will implement a compulsory annual emission control inspection program in Clark County for all lightweight vehicles, and under this program the owners will be forced to have their vehicles inspected at licensed inspection stations to determine whether their vehicles meet the commissions prescribed emission standards; and
κ1975 Statutes of Nevada, Page 1408 (CHAPTER 693, SB 612)κ
inspected at licensed inspection stations to determine whether their vehicles meet the commissions prescribed emission standards; and
Whereas, The cost to owners of such an inspection is currently ranging from $8 to $15, and the cost of adjustment and repairs to bring some older vehicles into compliance could be prohibitive; and
Whereas, The current economic situation has resulted in widespread unemployment, and inflation has eroded the income of many persons; and
Whereas, The implementation of the annual inspection program scheduled for July 1, 1975, would cause extensive hardship on many motor vehicle owners in Clark County; and
Whereas, It is the desire of the legislature that the compulsory annual emission control inspection program be postponed; now, therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The authority set forth in NRS 445.630 providing for the implementation in any county of a compulsory motor vehicle emission inspection program is limited to used motor vehicles being registered to a new owner as provided for in NRS 445.640.
Sec. 2. The state environmental commission is hereby directed to make a thorough study of the cost to implement and maintain a state operated, a publicly operated, or other alternative method of implementing a compulsory annual motor vehicle emission control inspection program, and report the results of such study to the 59th session of the Nevada legislature, together with recommendations for any necessary and appropriate legislation.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 186Senator Dodge
CHAPTER 694
AN ACT relating to trusts for the furtherance of public functions; repealing the provisions of chapter 242B of NRS for their creation; adding similar provisions to the charter of the City of Henderson; preserving existing and certain potential rights and liabilities; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 361.062 is hereby amended to read as follows:
361.062 All property, both real and personal, of a trust created for the benefit and furtherance of any public function pursuant to the provisions of [chapter 242B of NRS,] general or special law is exempt from taxation; but moneys in lieu of taxes may be paid to the beneficiary pursuant to any agreement contained in the instrument creating the trust.
κ1975 Statutes of Nevada, Page 1409 (CHAPTER 694, SB 186)κ
Sec. 2. NRS 704.340 is hereby amended to read as follows:
704.340 1. A municipality constructing, leasing, operating or maintaining any public utility or a trust created for the benefit and furtherance of any public function pursuant to the provisions of [chapter 242B of NRS, shall not be] general or special law, other than a trust which undertakes to provide transportation by use of a motor vehicle as a common or contract carrier, is not required to obtain a certificate of public convenience [; however, any person as defined in chapter 706 of NRS, contemplating transportation by use of a motor vehicle as a common or contract carrier, or contemplating] , but any trust so created which undertakes the operation of a public utility [as defined in NRS 704.020, as a trust created pursuant to chapter 242B of NRS,] shall first submit a certified copy of the trust documents or prepared trust documents to the commission together with a detailed explanation of the purposes, scope, area to be affected and such other pertinent information necessary to assist the commission in making a determination as to whether the service presently being offered by any existing [transportation company or] public utility would be unreasonably impaired by the approval of such trust documents.
2. The commission shall, after investigation and hearing on any contemplated trust coming within the provisions of subsection 1, submit a report of its findings and reasons therefor to the state and each political subdivision within which such trust contemplates operation. Such trust shall not become effective unless and until written approval has been given by the commission.
Sec. 3. NRS 242B.010, 242B.020, 242B.030, 242B.040, 242B.050, 242B.060, 242B.070, 242B.080, 242B.090, 242B.100 and 332.210 are hereby repealed.
Sec. 4. The charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended, is hereby amended by adding thereto a new article, to be designated Article VII A, which shall immediately following Article VII, to read as follows:
Article VII A
Trusts for Furtherance of Public Functions
Sec. 7A.010 Trusts for furtherance of public functions: Authorization to create; purposes; eligible beneficiaries; power of beneficiary to lease trust property.
1. Express trusts may be created in real or personal property, or either or both, or in any estate or interest in either or both, with the city as the beneficiary thereof, and the purpose thereof may be the furtherance, or the providing of funds for the furtherance, of any authorized or proper function of the beneficiary; but no funds of the beneficiary derived from sources other than the trust property, or the operation thereof, shall be charged with or expended for the execution of the trust, except by express action of the legislative authority of the beneficiary first had.
2. The officers or any other governmental agencies or authorities having the custody, management or control of any property, real or personal or both, of the beneficiary of such trust, or of such a proposed trust, which property is necessary for the execution of the trust purposes, are hereby authorized and empowered to lease such property for such purposes, after the acceptance of the beneficial interest therein by the beneficiary as provided in this chapter, or conditioned upon such acceptance.
κ1975 Statutes of Nevada, Page 1410 (CHAPTER 694, SB 186)κ
hereby authorized and empowered to lease such property for such purposes, after the acceptance of the beneficial interest therein by the beneficiary as provided in this chapter, or conditioned upon such acceptance.
Sec. 7A.020 Creation by written instrument; execution, recording of trust instrument; acceptance by beneficiary creates contract between state, grantor; duration of trust.
1. Such trusts may be created by written instruments, or by will. A written instrument shall be subscribed by the grantor or grantors and duly acknowledged as conveyances of real property are acknowledged. Before the same shall become effective the beneficial interest therein shall be accepted by the governing body of the beneficiary, which power and authority of acceptance is hereby conferred upon the city council. Thereupon the instrument or will, together with the written acceptance of the beneficial interest endorsed thereon, shall be recorded in the office of the county recorder of each county in which is situated any real property, or any interest therein, belonging to the trust, as well as in the county where the trust property is located or its principal operations are conducted.
2. Upon the acceptance of the beneficial interest by the beneficiary as authorized in subsection 1, the same shall be and constitute a binding contract between the State of Nevada and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes and in accordance with the stipulations specified by the trustor or trustors.
3. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as is specified in the instrument or will creating the trust.
Sec. 7A.030 Trustees: Appointment; succession, powers; duties, terms, compensation controlled by trust instrument.
1. The instrument or will creating such trust may provide for the appointment, succession, powers, duties, term and compensation of the trustee or trustees; and in all such respects the terms of the instrument or will shall be controlling, except as otherwise provided in subsections 2 and 3. If the instrument or will makes no provision in regard to any of the foregoing, then the general laws of the state shall control as to such omission or omissions.
2. All meetings of the trustees shall be open to the public to the same extent as required by chapter 241 of NRS for state and local agencies. If the trustee is a partnership, corporation or banking association, this requirement applies to that part of every meeting of the partners or directors at which trust affairs are discussed.
3. All records of the trust are public records and shall be kept in a place which is identified by documents recorded in the office of the county recorder of each county in which the instrument creating the trust is recorded.
Sec. 7A.040 Trustees: Eligibility and status; standard of care; exemption from personal liability.
1. The trustee or trustees under such an instrument or will may be two or more natural persons or a partnership, corporation, national banking association or state banking association, and such trustee or trustees shall be an agency of the state and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust has been created.
κ1975 Statutes of Nevada, Page 1411 (CHAPTER 694, SB 186)κ
shall be an agency of the state and the regularly constituted authority of the beneficiary for the performance of the functions for which the trust has been created.
2. The provisions of NRS 164.050 relating to the standard of care for a trustee in investing and managing trust property apply to the trustee or trustees of a trust created by a written instrument or will pursuant to this chapter.
3. No trustee or beneficiary shall be charged personally with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property; but any act, liability for any omission or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate, or so much thereof as may be necessary to discharge such liability or obligation, and not otherwise.
Sec. 7A.050 Annual audit of trust funds, accounts, fiscal affairs: Requirements; distribution of copies; expenses.
1. The trustee or trustees of every trust created for the benefit and furtherance of any public function with the city as the beneficiary thereof shall cause an audit to be made of the funds, accounts and fiscal affairs of such trust, such audit to be ordered within 30 days of the close of each fiscal year of the trust.
2. The audits required by subsection 1 shall be certified with the unqualified opinion of a certified public accountant or a public accountant notwithstanding any lesser requirement by any instrument under which the trust may have covenanted for an audit to be made or furnished. One copy of the annual audit shall be filed with the legislative auditor of the legislative counsel bureau and one copy with each beneficiary of the trust not later than 90 days following the close of each fiscal year of the trust.
3. If a copy of the required audit is not filed with the legislative auditor of the legislative counsel bureau within the time provided, the legislative auditor is authorized to employ, at the cost and expense of the trust, a certified public accountant or a public accountant to make the required audit.
4. The necessary expense of such audits, including the cost of typing, printing and binding, shall be paid from funds of the trust.
Sec. 7A.060 Franchise not required for acquisition, ownership or operation of trust property. No franchise is required for the acquisition, ownership or operation of any properties of a trust created for the benefit and furtherance of any public function.
Sec. 7A.070 Approval of certain contracts and resolutions required. The trustees shall not enter into contracts for the acquisition or construction of buildings or public improvements or for the acquisition or disposal of trust properties by purchase, lease, gift, bequest or devise or any other lawful means until such contract is first approved by the city council by ordinance. The city council shall so approve the resolution providing for the issuance of bonds or other securities to be issued by the trustees and proposed terms of sale thereof but is not required to approve the award of such bonds to the purchaser thereof if such bonds are sold in compliance with the resolution of issuance and terms of sale.
Sec. 7A.080 Approval of financing method, underwriters by state board of finance. The state board of finance shall first review and approve the method of finance proposed by any trust created pursuant to the former provisions of NRS 242B.010 to 242B.100, inclusive, or the provisions of this article, and must approve the underwriter or financial institution preparing and offering the proposed issue for sale, as to the financial responsibility of such underwriter or financial institution, before such issue may be offered or sold.
κ1975 Statutes of Nevada, Page 1412 (CHAPTER 694, SB 186)κ
the method of finance proposed by any trust created pursuant to the former provisions of NRS 242B.010 to 242B.100, inclusive, or the provisions of this article, and must approve the underwriter or financial institution preparing and offering the proposed issue for sale, as to the financial responsibility of such underwriter or financial institution, before such issue may be offered or sold.
Sec. 7A.090 Exemption from securities laws.
1. The provisions of the State Securities Law, the Local Government Securities Law, the University Securities Law, or of any other general, special or local statute relating to the issuance of public securities or other debt obligations do not apply to a trust created for the benefit and furtherance of any public function.
2. All bonds issued by any trust created for the benefit and furtherance of any public function shall:
(a) Be sold at public sale, except that if no satisfactory bids are received from responsible bidders at such public sale such bonds may be sold at private sale.
(b) Be secured:
(1) By property, real or personal or both, having a market value equal to at least twice the principal amount of the bonds sold; or
(2) By gross revenues from an existing revenue producing facility equal to at least one and one-half times the average annual debt service payable on such bonds.
Sec. 7A.100 Competitive bidding not required. Except as otherwise provided in section 7A.090, no statute, general, special or local, requiring competitive bidding applies to a trust created for the benefit and furtherance of a public function.
Sec. 7A.110 Termination of trust. Any trust created for the benefit and furtherance of a public function may be terminated by agreement of the trustee, or if there is more than one, then all of the trustees, and the governing body of the beneficiary, with the approval of the governor of the State of Nevada; but such trust shall not be terminated while there exists outstanding any contractual obligations chargeable against the trust property, which, by reason of such termination, might become an obligation of the beneficiary of such trust.
Sec. 5. The adoption of this act does not:
1. Impair or affect any act done, right accruing, accrued or acquired, or liability incurred prior to the effective date of this act by any trust which became effective prior to April 10, 1975, but such right or liability may be enjoyed, asserted or enforced, as fully and to the same extent as if this act had not been passed.
2. Terminate or otherwise affect the existence of any trust created under the former provisions of chapter 242B of NRS if the trust became effective prior to April 10, 1975.
3. Impair or affect the validity of any notes, bonds or other evidences of indebtedness issued by any such trust prior to the effective date of this act or pursuant to section 6 of this act.
Sec. 6. 1. Any application for the establishment of a project by a trust which became effective prior to April 10, 1975, to be financed by the issuance of securities pursuant to the former provisions of chapter 242B of NRS which was received by the intended beneficiary on or before April 10, 1975, may be accepted at any time, the details of the project may be modified after acceptance of the application, and the beneficial interest may be accepted by the beneficiary as proposed or modified, to the same extent as if this act had not been passed.
κ1975 Statutes of Nevada, Page 1413 (CHAPTER 694, SB 186)κ
10, 1975, may be accepted at any time, the details of the project may be modified after acceptance of the application, and the beneficial interest may be accepted by the beneficiary as proposed or modified, to the same extent as if this act had not been passed.
2. Any securities necessary for the acquisition of any property appropriate for the furtherance of a public function by a trust which became effective prior to April 10, 1975, with respect to which the beneficiary has accepted the beneficial interest prior to the effective date of this act or pursuant to subsection 1 may be issued at any time thereafter and are valid and enforceable to the same extent as if this act had not been passed. Any such securities which are issued on or after the effective date of this act by any trust of which the City of Henderson is a beneficiary shall be issued in compliance with the provisions of the city charter relating to such trusts.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 600Committee on Environment and Public Resources
CHAPTER 695
AN ACT relating to notices; amending the Administrative Procedure Act to permit shorter periods of notice; reducing the notice period required before regulations relating to open and closed seasons and bag limits may be adopted; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 501.118 is hereby amended to read as follows:
501.118 Whenever in this Title or by the provisions of chapter 488 of NRS the commission is required to publish any official order or regulation, it shall:
1. Comply with chapter 233B of NRS with regard to all such orders or regulations dealing with subjects other than open or closed seasons, bag limits or hours.
2. With regard to open or closed seasons, bag limits or hours, publish once in each case, in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies:
(a) A notice of intention to establish such order or regulation at an open meeting to be held [at least 20] on a date no sooner than 10 days following such publication; and
(b) Upon the establishment of such order or regulation a notice of that fact, which publication date shall become the effective date of such order or regulation, unless otherwise provided in such order or regulation.
Sec. 2. NRS 233B.060 is hereby amended to read as follows:
233B.060 1. Prior to the adoption, amendment or repeal of any regulation, the agency shall give at least 30 days notice of its intended action [.] , unless a shorter period of notice is specifically permitted by statute.
κ1975 Statutes of Nevada, Page 1414 (CHAPTER 695, SB 600)κ
2. The notice shall:
(a) Include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.
The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. The notice shall state the address or addresses at which the text of the proposed regulation may be inspected and copied. After the agency has filed the original and copies of the adopted regulation pursuant to NRS 233B.070, the secretary of state may discard the deposited copy of the proposed regulation.
3. All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, opportunity for oral hearing must be granted if requested by any interested person who will be directly affected by the proposed regulation. The agency shall consider fully all written and oral submissions respecting the proposed regulation.
4. If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A regulation so adopted may be effective for a period of not longer than 120 days, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.
5. No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this section, but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, shall continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies are deposited with the secretary of state on or before July 1, 1965.
6. Upon adoption of a regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
Sec. 3. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. Regulations shall become effective 30 days after an original and three duplicate copies of each regulation are filed with the secretary of state, except where:
(a) A later date is required by statute;
(b) An earlier date is permitted by statute;
(c) A later date is specified in the regulation; or
κ1975 Statutes of Nevada, Page 1415 (CHAPTER 695, SB 600)κ
[(c)] (d) The agency finds that an emergency exists, and such finding is concurred in by the governor, by written endorsement upon the original regulation.
2. Each regulation shall include a citation of the authority pursuant to which it, or any part of it, was adopted.
3. The secretary of state shall cause to be endorsed on the original and duplicate copies of each regulation filed the time and date of the filing thereof, and shall maintain a file of such regulations for public inspection together with suitable indexes therefor.
4. No adopted regulation, which attempts to incorporate an agencys ruling, order or similar pronouncement by referring to the general subject of such, or to where such may be found, or to both, shall be effective.
5. The secretary of state shall deliver a duplicate copy of each adopted regulation to the Nevada legislative counsel bureau.
6. Each agency shall furnish a copy of its regulations to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.
Sec. 4. Sections 2 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 602Senator Sheerin
CHAPTER 696
AN ACT relating to vital statistics; authorizing counties to require cases of death caused or suspected to be caused by sudden infant death syndrome to be referred to the coroner; authorizing the coroner to perform autopsies in such cases; requiring the state registrar of vital statistics to publish an annual report of the number of such autopsies; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 440 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 of county commissioners of any county may provide by ordinance that in all cases where the cause or suspected cause of a death is sudden infant death syndrome, the coroner may take possession of the body, exhuming the body if necessary, and authorize the performance of post mortem examination thereon. Such examination may include an analysis of the stomach, stomach contents, blood, organs, fluids or tissues of the body.
2. The findings resulting from the examination performed under subsection 1, including the opinions and conclusions of the examining physician, shall be reduced to writing and included in the coroners record of death. The coroner shall file a copy of such report with the state registrar.
κ1975 Statutes of Nevada, Page 1416 (CHAPTER 696, SB 602)κ
Sec. 3. The state registrar shall annually publish a report specifying the number of post mortem examinations performed, pursuant to section 2 of this act, where the cause or suspected cause of death was sudden infant death syndrome. Such report shall also specify the number of such cases in which the cause of death was determined by the coroner to be sudden infant death syndrome.
Sec. 4. NRS 440.420 is hereby amended to read as follows:
440.420 1. In case of any death occurring without medical attendance, the undertaker shall notify the local health officer of such death and refer the case to him for immediate investigation and certification prior to issuing the burial permit.
2. Where there is no qualified physician in attendance, and in such cases only, the local health officer is authorized to make the certificate and return from the statements of relatives or other persons having adequate knowledge of the facts.
3. If the death was caused by unlawful or suspicious means, the local health officer shall then refer the case to the coroner for investigation and certification.
4. In counties which have adopted an ordinance authorizing a coroners examination in cases of sudden infant death syndrome, the undertaker shall notify the local health officer whenever the cause or suspected cause of death is sudden infant death syndrome. The local health officer shall then refer the case to the coroner for investigation and certification.
________
Senate Bill No. 620Committee on Government Affairs
CHAPTER 697
AN ACT making technical corrections to Senate Bills 601 and 605 of the 58th session of the Nevada legislature; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 156 of Senate Bill 601 of the 58th session of the Nevada legislature is hereby amended to read as follows:
Section 156. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of 200,000 or more, as shown by the most recent decennial census of the Bureau of the Census of the United States Department of Commerce, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners shall be, and in counties with a population of less than 200,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
κ1975 Statutes of Nevada, Page 1417 (CHAPTER 697, SB 620)κ
excluding any district which is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and being authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to such basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. A board of county commissioners may exercise the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within such 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
4. When the board of trustees of any district is so constituted, the following special provisions shall apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners shall receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners [shall] may be chairman of the board of trustees and president of the district [.
(d)] , or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners shall be vice chairman of the board of trustees and vice president of the district.
(e) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of such offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
κ1975 Statutes of Nevada, Page 1418 (CHAPTER 697, SB 620)κ
as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
[(e)] (f) No member of the board of county commissioners may be removed from the office of trustee under the authority of subsection 4 of NRS 318.080, but any such member shall be automatically removed from such office upon his removal from the office of county commissioner in the manner provided by law.
[(f)] (g) The regular place of meeting of the board need not be within the corporate limits of the district but shall be within the corporate limits of the county and shall be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
[(g)] (h) The times of regular meetings of the board shall be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
[(h)] (i) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
[(i)] (j) The office or principal place of the district need not be located within the corporate limits of the district and shall be the office of the county clerk unless the board otherwise provides by resolution.
Sec. 2. Section 172 of Senate Bill 601 of the 58th session of the Nevada legislature is hereby amended to read as follows:
Section 172. 1. This section shall become effective upon passage and approval.
2. If Assembly Bill No. 608 of the 58th session of the Nevada legislature becomes effective on July 1, 1975, sections 147 and 148 of this act and the repeal of NRS 280.140 and 280.200 as provided in section 171 of this act shall not become effective.
3. If Assembly Bill No. 608 of the 58th session of the Nevada legislature becomes effective on July 1, 1975, section 150 of this act shall become effective on January 3, 1977, and section 151 of this act shall not become effective. If Assembly Bill No. 608 of the 58th session of the Nevada legislature is not enacted, section 150 of this act shall not become effective and section 151 of this act shall become effective on January 3, 1977.
4. If Assembly Bill No. 608 of the 58th session of the Nevada legislature becomes effective on July 1, 1975, section 153 of this act shall become effective on January 3, 1977, and section 154 of this act shall not become effective. If Assembly Bill No. 608 of the Nevada legislature is not enacted, section 153 of this act shall not become effective and section 154 of this act shall become effective on January 3, 1977.
5. Sections 144 and 146 of this act and the repeal of chapter 808, Statutes of Nevada 1973, provided for in section 171 of this act, shall become effective upon passage and approval.
6. Section 141 of this act shall become effective at 12:01 a.m. on July 1, 1975.
7. Section 162 of this act shall become effective at 12:01 a.m. on January 3, 1977.
8. Sections 139, 156 to 161, inclusive, 165, 170 and 170.5 of this act, and the repeal of NRS 244.017, 280.130, 280.140 and 280.200 and chapter 515, Statutes of Nevada 1971, provided for in section 171 of this act shall become effective on January 3, 1977 [.]
κ1975 Statutes of Nevada, Page 1419 (CHAPTER 697, SB 620)κ
chapter 515, Statutes of Nevada 1971, provided for in section 171 of this act shall become effective on January 3, 1977 [.] , unless NRS 280.130, 280.140 and 280.200 have already been repealed.
9. Sections 97, 163 and 164 of this act shall become effective:
(a) On January 1, 1976, for the purposes of nominating and electing candidates for the elective offices provided for in this act at the general election in 1976.
(b) On January 3, 1977, for all other purposes.
10. The remaining sections of this act shall become effective on July 1, 1975.
Sec. 3. Section 4 of Senate Bill 605 of the 58th session of the Nevada legislature is hereby amended to read as follows:
Section 4. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit on a monthly basis such sum as the legislature shall specify from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer, who shall deposit the same to the credit of the department. Such deposited moneys shall be expended by the department in accordance with its work program established pursuant to law.
(b) Transmit the balance of such payments each month to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(c) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce; the amount in such fund which was collected during the preceding month shall be apportioned and distributed by the state treasurer as follows:
(a) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
(2) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(3) [If] Except as otherwise provided in subparagraph (4), if there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(4) In a county in which one city is organized under the Metropolitan Cities Incorporation Law, 68.5 percent of the money shall be apportioned to that city and the remainder among the other cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1975 Statutes of Nevada, Page 1420 (CHAPTER 697, SB 620)κ
to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount shall go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money shall be apportioned between the city or town and the county on the basis of the population of such city or town and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount shall be apportioned among such cities or towns in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.
(c) In Carson City the entire amount shall go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 4. Section 5 of Senate Bill 605 of the 58th session of the Nevada legislature is hereby amended to read as follows:
Section. 5. NRS 377.050 is hereby amended to read as follows:
377.050 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the department in the form of remittances made payable to the department.
2. The department shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the city-county relief tax fund hereby created.
3. The state controller, acting upon the collection data furnished by the department, shall monthly:
(a) Transfer from the city-county relief tax fund 1 percent of all fees, taxes, interests and penalties collected in each county during the preceding month to the general fund in the state treasury as compensation to the state for the cost of collecting the tax for the counties.
(b) Determine for each county an amount of money equal to the sum of:
(1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and
(2) That proportion of the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
κ1975 Statutes of Nevada, Page 1421 (CHAPTER 697, SB 620)κ
not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
(c) Remit the amount determined for each county in the following manner:
(1) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(2) [If] Except as otherwise provided in subparagraph (4), if there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.
(3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.
(4) In a county in which one city is organized under the Metropolitan Cities Incorporation Law, 68.5 percent of the money shall be apportioned to that city and the remainder among the other cities in proportion to their respective populations.
4. The provisions of paragraph (c) of subsection 3 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.
5. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 557Committee on Government Affairs
CHAPTER 698
AN ACT relating to constables; permitting the board of county commissioners in counties having a population of more than 200,000 or less than 100,000 to abolish the office of constable; providing that the sheriff may serve as ex officio constable; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 258.010 is hereby amended to read as follows:
258.010 1. Except [when appointed by the board of county commissioners as provided in subsection 2:] as provided in subsections 2 and 3:
(a) Constables shall be elected by the qualified electors of their respective townships.
(b) The constables of the several townships of the state shall be chosen at the general election of 1966, and shall enter upon the duties of their offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.
κ1975 Statutes of Nevada, Page 1422 (CHAPTER 698, AB 557)κ
offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.
(c) Constables shall receive certificates of election from the boards of county commissioners of their respective counties.
2. In any county which includes but one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. Such a resolution shall not be effective until the completion of the term of office for which a constable may have been elected.
3. In all counties having a population of more than 200,000 or 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, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office of constable in such one or more townships. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.
Sec. 2. NRS 258.030 is hereby amended to read as follows:
258.030 [When] Except for those townships which the boards of county commissioners have determined do not require an office of constable, if any vacancy [shall exist or occur in the office of constable,] exists or occurs in the office of constable in any township, the board of county commissioners shall appoint some suitable person to fill the vacancy until the next ensuing biennial election.
________
Senate Bill No. 574Senator Schofield (by request)
CHAPTER 699
AN ACT relating to witnesses; increases fees for attending in criminal cases and civil proceedings.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 50.225 is hereby amended to read as follows:
50.225 Witnesses required to attend in the courts of this state shall receive the following compensation:
1. For attending in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, [$10] $15 for each days attendance, which shall include Sundays and holidays.
2. Mileage shall be allowed and paid at the rate of 15 cents a mile, one way only, for each mile necessarily and actually traveled from the place of residence by the shortest and most practical route, provided:
κ1975 Statutes of Nevada, Page 1423 (CHAPTER 699, SB 574)κ
(a) That no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least 1 days fees have been paid him if he demanded the same.
(b) That any person being in attendance at the trial and sworn as a witness shall be entitled to witness fees irrespective of service of subpena.
3. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
________
Senate Bill No. 562Senator Sheerin
CHAPTER 700
AN ACT relating to county records; changing filing and recording fees for various maps and records; revising certain procedures; changing the structure of the official record books and indexes in county recorders offices; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 116.050 is hereby amended to read as follows:
116.050 1. All maps and plats which shall hereafter be filed under the provisions of this chapter shall be made upon vellum, tracing cloth or any other material of a permanent nature generally used for such purpose in the engineering profession, and shall be of uniform size, 24 by 32 inches, with a borderline 2 inches from the left edge in order to leave room for binding. No map shall be accepted for filing made upon ordinary paper or blueprint.
2. For filing each map or plat the county recorder shall collect a fee of [25 cents for each lot mapped or platted, and 50 cents for indexing the map or plat.] $25, plus 25 cents per lot or unit mapped, for the recordation or filing of any final map. The fee shall be deposited in the general fund of the county where it is collected.
Sec. 2. NRS 117.025 is hereby amended to read as follows:
117.025 1. All condominium maps or plans filed under the provisions of this chapter shall be made upon vellum, tracing cloth or any other material of a permanent nature generally used for such purpose in the engineering profession, and shall be of uniform size, 24 by 32 inches, with a borderline 2 inches from the left edge in order to leave room for binding. No map or plan shall be accepted for filing made upon ordinary paper or blueprint.
2. For filing each condominium map or plan the county recorder shall collect a fee of [25 cents for each unit mapped, and 50 cents for indexing the map or plat.] $25, plus 25 cents per lot or unit mapped, for the recordation or filing of any final map.
κ1975 Statutes of Nevada, Page 1424 (CHAPTER 700, SB 562)κ
recordation or filing of any final map. The fee shall be deposited in the general fund of the county where it is collected.
Sec. 3. NRS 247.150 is hereby amended to read as follows:
247.150 1. Each county recorder shall keep two separate indexes for each separate book or series of books maintained in his office for the separate recordation of the various classes of instruments alphabetically specified in NRS 247.120. One of the indexes shall be for the [grantor, mortgagor, plaintiff, assignee, party benefitted by a subordination, waiver or release, or first party to any such instrument, and the other of such indexes shall be for the grantee, mortgagee, defendant, the party releasing or waiving or assigning or subordinating, or the second party thereto.] grantors, defendants, mortgagors, trustors, lessors, vendors, assignors, appointors, parties releasing, judgment debtors, testators, obligors under bonds, parties against whom liens are claimed or attachments issued, mining locators, name of mine, persons filing or parties adversely affected by the document indexed, and the other of such indexes shall be for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees, assignees, appointees, parties whose mortgages, deeds of trust, liens and similar encumbrances are released or the parties benefited by the document indexed.
2. Each of the indexes shall be so arranged as to show:
(a) The names of each of the parties to every instrument, except as provided in subsection 5.
(b) The date when such instrument was filed in the office of the county recorder.
(c) The book and page where such instrument is recorded, or the file number and file where such instrument may be filed.
(d) Such other data as in the discretion of the county recorder may seem desirable.
In the event the index shall be of one general series of books for all instruments recorded, it shall also show the character of the instrument indexed.
3. The county recorder may keep in the same volume any two or more of the indexes provided for in this section, but the several indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept therein.
4. The first column of the several indexes for [grantors, mortgagors, plaintiffs, assignees, parties benefitted by a subordination, waiver or release, or the first parties to any instrument, shall be properly designated to show the name of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, judgment debtor, lienee or first party, as the case may be, and the first column of the index provided for grantees, mortgagees, defendants, the parties releasing or waiving or assigning or subordinating, or the second parties to any instrument shall be properly designated to show the name of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, judgment creditor, lienor or second party, as the case may be, and the names of the parties in the first column of such indexes] parties adversely affected and parties benefited must be arranged in alphabetical order.
κ1975 Statutes of Nevada, Page 1425 (CHAPTER 700, SB 562)κ
5. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must both be inserted in the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, intestate, or ward, or party for whom the trust is held, must be inserted in the index, except that the name of the trustee in a deed of trust or in a partial or full deed of reconveyance need not be indexed. A trustees deed given upon exercise of the power of sale under any deed of trust shall be indexed under the names of the original trustor and the grantee named therein.
6. In addition to the indexes above provided for, the county recorder shall also keep and maintain such other indexes as may from time to time be required in the performance of his official duties.
7. Every instrument filed in the office of any county recorder for record or filed, but not for recordation, must be alphabetically indexed in the indexes so provided for each separate book or set of books or file, under the names of each [grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or the first party thereto, in the index provided for that purpose, and also under the names of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party thereto,] party adversely affected by the document so indexed, and also under the names of each party benefited by the document so indexed, in the index provided for that purpose.
8. As an alternative to the method of indexing prescribed by this section, the county recorder may, with the permission of the board of county commissioners, use in place of the index books or volumes card indexes with a metal-reinforced hole punched therein for rod insertion, and such card indexes shall be kept in suitable metal file cabinets.
Sec. 3.5. NRS 278.450 is hereby amended to read as follows:
278.450 The county recorder shall collect a fee of [$50 or] $25, plus 25 cents per lot, [whichever is greater,] for the recordation of any final map. The fee shall be deposited in the general fund of the county where it is collected.
Sec. 4. NRS 280A.560 is hereby amended to read as follows:
280A.560 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.
4. The county recorder shall collect a fee of $25, plus 25 cents per lot or unit mapped, for the recordation or filing of any final map, plat or plan.
κ1975 Statutes of Nevada, Page 1426 (CHAPTER 700, SB 562)κ
plan. The fee shall be deposited in the general fund of the county where it is collected.
Sec. 5. NRS 329.170 is hereby amended to read as follows:
329.170 1. The county recorder of the county containing the corner shall:
(a) Receive the completed corner record and preserve it in a hardbound book. The books shall be numbered in numerical order.
(b) Make such records available for public inspection during all usual office hours.
2. The fee for filing any corner record shall be [$2.50,] $5, except that no fee shall be charged for filing:
(a) A written record of all corners, monuments and their accessories established prior to July 1, 1969, where such record is completed as required by this chapter and is offered for filing before January 1, 1970.
(b) Any survey performed by authorized personnel of the federal, state or local governments.
Sec. 6. NRS 440.595 is hereby amended to read as follows:
440.595 1. A record of each marriage performed in this state shall be filed with the state registrar as provided in this section.
2. Each county recorder shall on Monday of each week forward to the state registrar the certificates of marriage delivered to him during the preceding week.
3. After entering in his records the names of the parties, the date of the marriage and the county in which it was performed and recorded, the state registrar shall within 5 days after receiving the certificate return it to the [county recorder from whom it was received.] persons named in such certificate at the address shown thereon.
________
Assembly Bill No. 472Committee on Ways and Means
CHAPTER 701
AN ACT relating to the state personnel system; increasing the maximum annual salary for classified employees and increasing maximum salaries for certain dental, medical and other positions; adding certain positions to those listed; providing for salary adjustments; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.
κ1975 Statutes of Nevada, Page 1427 (CHAPTER 701, AB 472)κ
3. The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
4. The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.
5. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary exceeding [$24,684] $30,147 a year. Employees filling the following described positions in the classified service may receive annual salaries not to exceed the following specified amounts:
Chief, dental health services (Range A)................................................ [$27,173] $32,098
Chief, dental health services (Range B)................................................... [28,508] 33,675
Chief, dental health services (Range C)................................................. 35,359
Chief, maternal and child health (Range A)............................................ [28,508] 33,675
Chief, maternal and child health (Range B)............................................. [31,380] 37,067
Chief, maternal and child health (Range C)............................................. [32,925] 38,892
Chief, preventive medical services (Range A)........................................ [28,508] 33,675
Chief, preventive medical services (Range B)........................................ [31,380] 37,067
Chief, preventive medical services (Range C)........................................ [32,925] 38,892
Senior physician (Range A)...................................................................... [27,173] 32,098
Senior physician (Range B)....................................................................... [29,910] 35,331
Senior physician (Range C)....................................................................... [31,380] 37,067
Senior psychiatrist (Range A)................................................................... [29,910] 35,331
Senior psychiatrist (Range B)................................................................... [32,925] 38,892
Senior psychiatrist (Range C)................................................................... [34,552] 39,500
Senior public health dentist (Range A)................................................... [23,529] 27,793
Senior public health dentist (Range B).................................................... [25,899] 30,593
Senior public health dentist (Range C).................................................. 32,122
State health officer (Range A)................................................................... [32,925] 38,892
State health officer (Range B)................................................................... [34,552] 39,500
State health officer (Range C)................................................................... [36,254] 39,500
Welfare medical care officer...................................................................... [27,173] 32,098
Senior institutional dentist (Range A).................................................... 27,283
Senior institutional dentist (Range B).................................................... 32,098
As used in this subsection a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
6. [Employees] Except as limited by the last sentence of this subsection and by subsection 7, employees filling the above described positions may receive a salary adjustment based upon the movement of the National Consumer Price Index to take effect [January 1, 1974,] January 1, 1976, and to be effective through [June 30, 1975.]
κ1975 Statutes of Nevada, Page 1428 (CHAPTER 701, AB 472)κ
and to be effective through [June 30, 1975.] June 30, 1977. The percentage increase will be that determined by [using the Bureau of Labor Statistics, the United States Department of Labor, National Consumer Price Index percentage for the months of October 1972, through September 1973, not to exceed 5 percent.] the personnel advisory commission for employees in the classified service. No employee whose position is specifically described in subsection 5 may receive a salary of more than $39,500.
7. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:
(a) Be construed to effect a reduction of the salary of any employee in the classified service on January 1, [1973.] 1975.
(b) Apply to physicians, surgeons and dentists in full-time employment with the state and to engineers employed by the state public works board. During regular legislative sessions salaries for the classified service of the state shall be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.
Sec. 2. This act shall become effective upon passage and approval and shall operate retroactively from January 1, 1975.
________
Senate Bill No. 357Committee on Government Affairs
CHAPTER 702
AN ACT designated as the Revitalization and Redevelopment Law; providing tax increment accounts as special accounts for crediting thereto certain tax proceeds for the payment of bonds and other securities issued by the City of Reno or the City of Sparks to defray costs of acquiring, improving or equipping (or any combination thereof) any project or projects authorized by the City Bond Law, among other methods for their payment; providing procedures for determining tax increment areas pertaining to such tax allocations and for the issuance of such securities; limiting the total amount of securities which may be issued; concerning powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with such undertakings, such projects, 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 City Bond Law and the Local Government Securities Law; concerning cooperative powers and other provisions among the city, other public bodies, the state and the Federal Government in connection therewith; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act may be cited as the Revitalization and Redevelopment Law.
Sec. 1.5 The City of Reno or the City of Sparks, or both, may proceed under the provisions of this act.
κ1975 Statutes of Nevada, Page 1429 (CHAPTER 702, SB 357)κ
Sec. 2. Legislative determination. The legislature by this act determines, finds and declares:
1. All property to be acquired by the city hereunder shall be owned, operated, administered and maintained for and on behalf of all the people of the city.
2. The reorganization of the city hereby promotes the public health, comfort, safety, convenience and welfare of all the people of the state, and will be of special benefit to the inhabitants of the city and the property therein.
3. The provision in this act of the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities concerning the city will serve a public purpose.
4. 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.
5. The necessity for this act results from:
(a) The large population growth in the urban areas hereby included within the city and its environs, 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 need of capital improvements within certain areas within the city to provide needed services, facilities and other improvements for public use;
(d) The existence of blighted or deteriorating areas within the city constituting a serious and growing menace which is condemned as injurious and inimical to the public health, safety and welfare of the people of the state, and particularly the city;
(e) Such lack of such municipally owned capital improvements and such blighted or deteriorating areas presenting difficulties and handicaps which are beyond remedy and control solely by regulatory processes in the exercise of the police power;
(f) Such deficiencies contributing substantially and increasingly to the problems of, and necessitating excessive and disproportionate expenditures for, crime prevention, and the preservation of the public health, safety and welfare;
(g) Such deficiencies constituting an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, and aggravate traffic hazards and the improvement of the traffic facilities; and
(h) The areas in which such deficiencies exist consuming an excessive proportion of the citys revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection.
6. This menace is becoming increasingly direct and substantial in its significance and effect.
7. The benefits which will result from the remedying of such deficiencies by making available additional revenues to defray indirectly the costs of undertakings within the city authorized by the City Bond Law and the redevelopment of blighted or deteriorative areas therein will accrue to the inhabitants and the property owners of the city as a whole, will be of general benefit thereto, and will be of special benefits to the taxable real property within a tax increment area and to the owners of such property.
κ1975 Statutes of Nevada, Page 1430 (CHAPTER 702, SB 357)κ
and the redevelopment of blighted or deteriorative areas therein will accrue to the inhabitants and the property owners of the city as a whole, will be of general benefit thereto, and will be of special benefits to the taxable real property within a tax increment area and to the owners of such property.
8. The method of paying the bond requirements of securities issued hereunder is equitable and enables the city to issue securities to defray the cost of any project or projects.
9. A general law cannot be made applicable to the city, 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.
10. 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.
11. 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 City Bond Law, as from time to time amended, and except as otherwise provided in such law, as defined in the Local Government Securities Law, as from time to time amended; but the definitions in sections 4 to 21, inclusive, of this act, except where the context otherwise requires, govern the construction hereof.
Sec. 4. Act defined. Act means this Revitalization and Redevelopment Law.
Sec. 5. 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. 6. City, municipality defined. City or the municipality means the City of Reno or the City of Sparks, in the county of Washoe and the State of Nevada.
Sec. 7. City charter defined. City charger means:
1. For the City of Reno, the special act for the government of the city which was enacted as chapter 662, Statutes of Nevada 1971, as from time to time amended.
2. For the City of Sparks, the city charter enacted by Senate Bill No. 338 of the 58th session of the Nevada legislature.
Sec. 8. Cost of the undertaking defined. Cost of the undertaking, or any phrase of similar import, means the cost of any project as the latter phrase is defined in the Local Government Securities Law in NRS 350.516.
Sec. 9. County defined. County means the county of Washoe, in the State of Nevada.
Sec. 10. Engineer defined. Engineer means the city engineer or firm of engineers employed by the municipality in connection with any undertaking, any project or the exercise of any power herein authorized.
Sec. 11. Facilities defined. 1. Facilities means buildings, structures, utilities or other properties pertaining to any undertaking or any project herein authorized, including, without limitation, income-producing facilities, and facilities acquired with the proceeds of bonds or other securities issued hereunder.
κ1975 Statutes of Nevada, Page 1431 (CHAPTER 702, SB 357)κ
project herein authorized, including, without limitation, income-producing facilities, and facilities acquired with the proceeds of bonds or other securities issued hereunder.
2. Facilities may consist of all properties, real, personal, mixed or otherwise acquired by the city or the public body, as the case may be, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise, and used in connection with any such project and related services or in any way pertaining thereto, whether situated within or without or both within and without the territorial limits of the city or the public body, as the case may be.
3. The city 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 city 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.
4. The city may acquire properties of any public body situate in the city as one undertaking or a project of the city or an interest therein.
Sec. 12. Governing body defined. Governing body, unless further qualified, means the city council of the municipality; but if such term is so qualified, such term has the meaning stated in the Local Government Securities Law in NRS 350.524.
Sec. 13. 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. 14. Mailed notice, notice by mail defined. 1. Mailed notice or notice by mail means the giving by the engineer, clerk, or any deputy thereof, as determined by the governing body, of any designated written or printed notice addressed to the last-known owner or owners of each tract in a tax increment area or other designated person at his or their last-known address or addresses by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail.
2. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses pertaining to any tax increment area may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals if any such list is needed for a period longer than 12 months.
3. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, deputy, or other person mailing the notice, which verification shall be retained in the records of the municipality at least until all bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
κ1975 Statutes of Nevada, Page 1432 (CHAPTER 702, SB 357)κ
4. Such verification of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this section.
Sec. 15. Newspaper defined. Newspaper means a newspaper printed in the English language at least once each calendar week and published and of general circulation in the city.
Sec. 16. Municipality defined. Municipality means the city, as herein defined.
Sec. 17. Posting defined. 1. Posting means posting in three public places at or near the site of the undertaking or any project designated at least 20 days prior to the designated hearing or other time or event.
2. Any posting of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, deputy, or other person posting the notice and filed with the clerk, which verification shall be retained in the records of the municipality at least until all the bonds and other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
3. Such verification of posting shall be prima facie evidence of the posting of such notice in accordance with the requirements of this section.
Sec. 18. Publication, publish defined. 1. Publication or publish means publication in at least one newspaper.
2. Except as herein otherwise expressly provided or necessarily implied, publication or publish also means publication for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days 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 clerk, which verification shall be retained in the records of the municipality at least until all the bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
5. Such verification of publication shall be prima facie evidence of the publication of such notice in accordance with the requirements of this section.
Sec. 19. Tax increment account defined. Tax increment account means a special account created pursuant to subsection 3 of section 28 hereof and other provisions herein supplemental thereto.
Sec. 20. Tax increment area defined. Tax increment area means the area specially benefited by an undertaking hereunder, designated by ordinance as provided in subsection 3 of section 28 hereof, and in which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to the tax increment account under section 29 hereof.
Sec. 21. Undertaking defined. Undertaking means any enterprise to acquire, improve or equip (or any combination thereof) any project or projects authorized in the City Bond Law and to defray the cost of such enterprise wholly or in part by the issuance of the citys bonds or other securities payable wholly or in part from tax proceeds allocated to the tax increment account pertaining to such enterprise pursuant to section 29 hereof.
κ1975 Statutes of Nevada, Page 1433 (CHAPTER 702, SB 357)κ
other securities payable wholly or in part from tax proceeds allocated to the tax increment account pertaining to such enterprise pursuant to section 29 hereof.
Sec. 22. Construction. 1. This act, except where the context by clear implication herein otherwise requires, shall be construed as follows:
(a) 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.
(b) The title or headlines applied to sections 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.
(c) 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.
(d) Words in the singular number include the plural, and words in the plural include the singular.
(e) Where the sense so indicates, words in the masculine gender include the feminine and the neuter and words of the neuter gender refer to any gender.
2. 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 purpose and objects for which this act is intended.
Sec. 23. Authorization of tax increment area.
1. Except as provided in subsections 2 and 3, the governing body, on the behalf and in the name of the city, may at any time designate a tax increment area within the city for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of a project or projects authorized in the City Bond Law, as from time to time amended, including, without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as herein otherwise provided.
2. A tax increment area may not be created by the governing body if the total land area of tax increment areas exceeds 5 percent of the total land area of the city, or if the total initial assessed valuation of tax increment areas exceeds 5 percent of the total assessed valuation of taxable property situated within a city. As used in this subsection, initial assessed valuation means the assessed value as shown upon the assessment roll last equalized prior to the designation of the area.
3. The right-of-way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission shall not be included in a tax increment area unless the inclusion of such property is mutually agreed upon by the governing body of a city and the railroad company.
Sec. 24. Initiating procedure. 1. Whenever the governing body is of the opinion that the interest of the city requires any undertaking which is financed hereunder, the governing body, by resolution, shall direct the engineer to prepare:
κ1975 Statutes of Nevada, Page 1434 (CHAPTER 702, SB 357)κ
(a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including, without limitation, all estimated financing costs to be capitalized with the proceeds of the citys securities and all other estimated incidental costs relating to the undertaking;
(b) A statement of the proposed tax increment area pertaining thereto, the last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes (including in such amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of such property, based upon the records of the county assessor and the county treasurer; and
(c) A statement of the estimated amount of the tax proceeds to be credited annually to the tax increment account during the term of the proposed securities payable therefrom.
2. The resolution shall describe the undertaking in general terms.
3. The resolutions shall state:
(a) What part or portion of the expense thereof shall be paid with the proceeds of securities issued by the city in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom;
(b) How the remaining part or portion of such expenses, if any, is to be financed; and
(c) The basic security and any additional security for the payment of securities of the city pertaining to the undertaking.
4. The resolution need not describe minutely each particular tract of taxable real property proposed to be included within the tax increment area, but simply designate the tax increment area or its location, so that the various tracts of taxable real property and taxable personal property located thereat can be ascertained and determined to be within or without the proposed tax increment area.
5. The engineer shall forthwith file with the city clerk such preliminary plans, estimate of cost, and statements.
6. Upon their filing, the governing body shall examine the same; and if it finds them to be satisfactory, it shall, by resolution, provisionally order the undertaking.
Sec. 25. Provisional order resolution; notice. 1. In the provisional order resolution the governing body shall set a time at least 20 days thereafter and place when and where any representative of the Federal Government, the state or any public body, or any person resident of the city or owning taxable personal or real property therein, or any representative of any such person, may appear before the governing body and be heard as to the propriety and advisability of the undertaking.
2. Notice shall be given:
(a) By mail;
(b) By posting; and
(c) By publication.
3. Proof of mailing and posting shall be by affidavit of the engineer, clerk or any deputy mailing or posting, or both mailing and posting, the notice, respectively.
4. Proof of publication shall be by affidavit of the publisher.
5. The notice shall:
κ1975 Statutes of Nevada, Page 1435 (CHAPTER 702, SB 357)κ
(a) Describe the undertaking and the project or projects relating thereto (without mentioning minor details or incidentals);
(b) State the preliminary estimate of the cost of the undertaking, including all incidental costs, as stated in the engineers report filed with the governing body under the next preceding section hereof;
(c) Describe the proposed tax increment area pertaining to the undertaking, the last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes (including in such amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of such property, based upon the records of the county assessor and the county treasurer;
(d) State what part or portion of the expense of the undertaking shall be paid with the proceeds of securities issued by the city in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom, and state the basic security and any additional security for the payment of securities of the city pertaining to the undertaking;
(e) State how the remaining part or portion of such expense, if any, is to be financed;
(f) State the estimated amount of the tax proceeds to be credited annually to the tax increment account pertaining to the undertaking during the term of the proposed securities payable from such tax proceeds, and the estimated amount of any net revenues derived annually from the operation of the project or projects pertaining to the undertaking and pledged for the payment of such securities;
(g) State the estimated aggregate principal amount to be borrowed by the issuance of such securities (excluding proceeds thereof to fund or refund outstanding securities), and the estimated total bond requirements of the securities;
(h) State whether the governing body finds, determines and declares that the estimated tax proceeds credited to the tax increment account and any such net pledged revenues shall be fully sufficient to pay the bond requirements of such securities as the same become due; and
(i) The time and place when and where the governing body will consider the ordering of the undertaking and hear all complaints, protests, objections and other relevant comments concerning the same which may be made in writing by any individual or body corporate designated in subsection 1 of this section and filed with the city clerk at least 3 days prior thereto, or made verbally at the hearing by any individual designated in subsection 1 of this section.
6. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time prior to the passage of the ordinance ordering the undertaking and creating the tax increment area and the tax increment account pertaining thereto pursuant to subsection 3 of section 28 hereof.
7. No substantial change in the undertaking, the preliminary estimates, the proposed tax increment area or other statements relating thereto shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of the undertaking and property from the proposed tax increment area, unless the governing body after ordering such a change provides for another provisional order hearing on all matters in the premises and for notice of the hearing in the same manner as provided herein for the initial hearing, but a subsequent finalization of the amount of assessed valuation of taxable property in the tax increment area or a subsequent levy of taxes shall not adversely affect proceedings taken hereunder.
κ1975 Statutes of Nevada, Page 1436 (CHAPTER 702, SB 357)κ
increment area, unless the governing body after ordering such a change provides for another provisional order hearing on all matters in the premises and for notice of the hearing in the same manner as provided herein for the initial hearing, but a subsequent finalization of the amount of assessed valuation of taxable property in the tax increment area or a subsequent levy of taxes shall not adversely affect proceedings taken hereunder.
8. The engineer also shall have the right to make minor changes in and to develop the undertaking as to the time, plans and materials entering into the undertaking at any time before its completion.
Sec. 26. Provisional order hearing. 1. At the time and place of the hearing, or at any adjournment thereof, the governing body shall proceed to cause to be read and to consider all written complaints, protests, objections and other relevant comments properly made and so filed with the clerk and to hear all verbal comments relating to the undertaking.
2. After the hearing has been concluded, after all written complaints, protests, objections and other relevant comments have been ready and duly considered, and after the governing body has heard and considered all verbal comments made by individuals in interest and also has considered any other relevant material put forth, if the governing body shall determine that the undertaking, or a part thereof, is not in the public interest, the governing body by resolution shall make an order to that effect and may modify the proposed tax increment area to conform to such order. Thereupon the undertaking or the part thereof determined against by such order shall stop and shall not be begun again until any adoption of a new resolution.
3. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings taken and the instruments made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Sec. 27. Appeal from adverse order. Any person, public body, the state or the Federal Government filing a written complaint, protest or objection as provided in paragraph (i), subsection 5, section 25 hereof, shall have the right, within 30 days after the governing body has finally passed on such complaint, protest or objection by resolution pursuant to subsection 2 of the next preceding section or by ordinance pursuant to subsection 3 of the next succeeding section, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings shall be perpetually barred.
Sec. 28. Final order of undertaking. 1. After the provisional order hearing and the consideration of all matters in the premises, and in the event of any material changes other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to such modification under subsection 2 of section 26 hereof, after the supplemental provisional order hearing and the consideration of any supplemental matters in the premises, the governing body shall determine whether to proceed hereunder. If it has ordered any modification and desires to proceed, it shall direct the engineer appropriately to modify the plans, estimates and statements filed by him with the clerk under subsection 5 of section 24 hereof.
κ1975 Statutes of Nevada, Page 1437 (CHAPTER 702, SB 357)κ
the plans, estimates and statements filed by him with the clerk under subsection 5 of section 24 hereof.
2. The engineer shall appropriately modify the same and shall forthwith file the modified plans, estimates and statements with the clerk.
3. When such plans, estimates and statements are prepared, filed with the clerk and are satisfactory to the governing body, it shall, by ordinance, overrule all complaints, protests and objections not otherwise acted upon, unconditionally order the undertaking, as modified, if modified, describe the tax increment area pertaining thereto, and create the tax increment account therefor.
4. The ordinance may be introduced and adopted at one meeting by not less than 5 affirmative votes as if an emergency exists and may be effective upon its adoption and publication by title and collateral statement or may be introduced and adopted as a regular measure, pursuant to section 2.100 of the Reno city charter or 2.080 of the Sparks city charter, except as otherwise provided in this subsection.
Sec. 29. Allocation, division and disposition of tax proceeds. After the effective date of such ordinance unconditionally ordering the undertaking and providing for tax increment financing, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the city and any public body shall be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of such taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies as taxes on all other property are paid.
2. That portion of such levied taxes each year in excess of such amount shall be allocated to and when collected shall be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the city to finance or refinance, in whole or in part, such undertaking. Unless and until the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in such area as shown by the last equalized assessment roll referred to in subsection one, all of the taxes levied and collected upon the taxable property in such area shall be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in such area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
Sec. 30. Municipal securities. 1. The city may issue, to defray wholly or in part the cost of the undertaking, the following securities:
(a) Notes;
(b) Warrants;
(c) Interim debentures;
κ1975 Statutes of Nevada, Page 1438 (CHAPTER 702, SB 357)κ
(d) Bonds; and
(e) Temporary bonds.
2. Any net revenues derived from the operation of the project or projects acquired, improved or equipped (or any combination thereof) under the undertaking shall be pledged for the payment of the securities.
3. Additionally, such securities may be payable from:
(a) Tax proceeds accounted for in the tax increment account, and at the citys option; or
(b) Taxes levied by the city for the payment of the bond requirements of the securities.
4. Any securities payable only in the manner provided in either paragraph (a) of the next preceding subsection or both subsection 2 and paragraph (a) of subsection 3, shall be special obligations of the city, shall not in their issuance be subject to the debt limitation in subsection 1, section 7.010 of the Reno and Sparks city charters respectively, or otherwise imposed by law, nor, while they are outstanding, exhaust the citys debt incurring power thereunder, and may be issued under the provisions of the Local Government Securities Law, except as otherwise provided herein, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or NRS 350.010 to 350.070, inclusive, and without any approval or other preliminaries, except as provided in the Local Government Securities Law.
5. Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3 of this section, regardless of whether they are also payable in the manner provided only in paragraph (a) of such subsection or in both subsection 2 and paragraph (a) of subsection 3, shall be general obligations of the city, shall in their issuance be subject to such debt limitation and, while they are outstanding, shall exhaust the citys debt incurring power thereunder, and may be issued under the provisions of the Local Government Securities Law only after the issuance of city bonds is approved under the provisions of:
(a) NRS 350.001 to 350.006, inclusive; and
(b) NRS 350.010 to 350.070, inclusive,
except for the issuance of notes or warrants under the Local Government Securities Law which are payable out of the current years revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of such bond approval under the two acts designated in paragraphs (a) and (b) of this subsection.
6. In the proceedings for the advance of moneys, or making of loans, or the incurring of any indebtedness, whether funded, refunded, assumed or otherwise, by the city to finance or refinance, in whole or in part, the undertaking, wholly or in part, the portion of taxes mentioned in subsection 2 of the next preceding section shall be irrevocably pledged for the payment of the bond requirements of such loans, advances or indebtedness. The provisions in the Local Government Securities Law pertaining to net pledged revenues are applicable to such pledge to secure the payment of such tax increment bonds.
7. The total amount of securities that the City of Reno or the City of Sparks may issue pursuant to this section shall not exceed $17,000,000 for each city.
κ1975 Statutes of Nevada, Page 1439 (CHAPTER 702, SB 357)κ
Sec. 31. Cooperative powers. The city 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 pertaining to an undertaking in which the city 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 of any public 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.
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 undertaking, and any project or property pertaining thereto, whether acquired by the city, 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 governing body of the city 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 city of any facilities whether or not pertaining to the undertaking of the city or any project relating thereto and the payment periodically thereby to the city of amounts at least sufficient, if any, in the determination of the governing body, to compensate the city 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 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 city or to any undertaking or any project of the city, or otherwise, including, without limitation, any contract or agreement for any term not exceeding 50 years.
κ1975 Statutes of Nevada, Page 1440 (CHAPTER 702, SB 357)κ
any person (or 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 city or to any undertaking or any project of the city, 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, commission 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 city 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 undertaking 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;
(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 city, 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 governing body of the city or the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the city as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the city, 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, any project or the undertaking, now existing or hereafter established in the city, 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 city or any part of the facilities, acquired or proposed in connection with an undertaking, or with any project, to consult with any regulatory or other agency of the Federal Government, the state or any public body 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.
κ1975 Statutes of Nevada, Page 1441 (CHAPTER 702, SB 357)κ
each such governmental agency for its review, recommendations and other comments.
Sec. 32. Public purpose. The exercise of any power herein authorized by the governing body of the city upon its behalf has been determined, and is hereby declared, to effect a public purpose; and any undertaking herein authorized shall effect a public purpose.
Sec. 33. 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 exercise of any 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 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.
4. 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. 34. Severability. If any provision of this act or the application thereof to any person, thing or circumstance 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. 35. Effective date. This act shall become effective 7 days after its passage and approval.
________
Senate Bill No. 614Senators Close, Wilson, Hilbrecht, Bryan, Sheerin, Foote and Dodge
CHAPTER 703
AN ACT relating to gaming; providing for determination of the suitability of certain persons who represent gaming casino employees and their disqualification under certain circumstances; providing remedies and a penalty; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 465 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec. 2. The legislature finds and declares that:
1. The relationship which exists between a labor organization and the employees whom it represents in collective bargaining is such that it may significantly affect the conduct of a gaming operation by an employer.
κ1975 Statutes of Nevada, Page 1442 (CHAPTER 703, SB 614)κ
2. In the past, attempts have been made by persons whose background is not suitable for association with licensed gaming to gain positions of control in labor organizations representing gaming casino employees in this state.
3. In order to carry out the declared policy of this state that licensed gaming be conducted freely and honestly, and in order to protect the welfare of the employees of the gaming industry which is fundamental to the economy of this state, it is necessary to determine the suitability of any person who performs certain significant functions in the representation of gaming casino employees in this state.
Sec. 3. As used in sections 2 to 27, inclusive, of this act:
1. Board means the state gaming control board.
2. Commission means the Nevada gaming commission.
3. Gaming casino employee means any person employed directly or indirectly in the operation of a gaming establishment under a nonrestricted license, including:
(a) All personnel involved in the operation of a casino gaming pit, such as dealers, shills, clerks, hosts, junket representatives and the supervisors of such persons;
(b) All personnel involved in handling money, such as cashiers, change persons, count teams, coin wrappers and the supervisors of such persons;
(c) All personnel involved in operation of games, such as bingo and keno;
(d) All personnel involved in operating and maintaining slot machines, such as mechanics, floormen, change and payoff persons and the supervisors of such persons;
(e) All personnel involved in security, such as guards, games observers and the supervisors of such persons;
(f) All personnel involved in the operation of a race or sports book, such as writers, boardmen, cashiers and the supervisors of such persons;
(g) All personnel involved in the operation of a pari-mutuel operation licensed under chapter 464 of NRS and any sporting even on which such pari-mutuel wagering is conducted; and
(h) Such other persons whose duties are similar to the classifications set forth in paragraphs (a) to (g), inclusive, as the commission may from time to time designate by regulation,
but does not include personnel whose duties are related solely to such nongaming activities as entertainment, hotel operation, maintenance and the preparation and serving of food and beverages.
4. Labor organization means an organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers of gaming casino employees concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work of gaming casino employees.
Sec. 4. 1. Every labor organization which represents gaming casino employees in this state shall file with the board a list of its personnel who:
(a) Adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;
κ1975 Statutes of Nevada, Page 1443 (CHAPTER 703, SB 614)κ
(b) Solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or
(c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.
2. Each person listed shall file with the board his fingerprints and complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history, and criminal record if any, covering at least a 10-year period unless the board determines that a shorter period is appropriate.
3. The commission shall by regulation prescribe the frequency or circumstances or both with or under which the list shall be revised.
4. The commission may by regulation prescribe:
(a) Any further information to be required concerning each person listed or each person performing a particular function.
(b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.
5. In adopting regulations pursuant to this section, the commission shall proceed in the manner prescribed in chapter 463 of NRS.
Sec. 5. The commission may individually disqualify any person from performing any one or more of the functions whose performance requires listing, if it finds that:
1. He has been convicted in any jurisdiction of any crime involving moral turpitude or indicating a lack of business integrity or honesty, whether denominated a felony or misdemeanor.
2. He has made or caused to be made any statement in a document provided to the board or its agents or orally to a board member or agent in connection with an investigation or listing which was, at the time and in the light of the circumstances under which it was made, false or misleading.
3. He is a member of or an associate of organized criminal elements. Identification as such a member or associate by any law enforcement agency, legislative body or crime commission constitutes evidence which may be considered by the Nevada gaming commission.
4. His moral character and integrity, as evidenced by his prior conduct, are such as to create a reasonable belief that his performance of the specified function would not be consistent with the policy of this state that gaming be conducted freely and honestly or with the welfare of the employees of the gaming industry.
Sec. 6. 1. To determine suitability under and compliance with the provisions of sections 2 to 27, inclusive, of this act, the board may investigate any person whose name is listed by a labor organization or who it believes is performing a function which requires listing. For this purpose the board is vested with all of the powers which it possesses for the investigation of an applicant for or holder of a state gaming license, and may further make such examination as it reasonably deems necessary of the financial records of any labor organization for whom such person is performing such a function.
κ1975 Statutes of Nevada, Page 1444 (CHAPTER 703, SB 614)κ
2. The cost of any investigation required by this section shall be paid by the board from moneys appropriated or authorized to be used for this purpose.
3. Whenever the board undertakes an investigation pursuant to this section, it shall employ or consult with some person who has a professional background in the field of labor relations. The same services may be retained to assist the commission upon any subsequent hearing of the matter.
4. The board shall, if appropriate, recommend to the commission that a person investigated be disqualified.
Sec. 7. 1. If the board recommends that a person be disqualified, the commission shall serve upon the person and the labor organization for which the person is performing his function a notice, a statement of the reasons for the recommendation and three copies of a form entitled Notice of Defense.
2. The notice of defense shall read substantially as follows:
Notice of Defense
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?................................................................... □ □
2. Do you admit the facts stated in the complaint?.............................. □ □
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?............................................................................................ □ □
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaint?........ □ □
If so, please specify:
(space for answer)
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.
Sec. 8. Within 15 days after service upon him of the notice, the respondent may file with the commission a notice of defense in which he may:
1. Request a hearing;
2. Admit the accusation in whole or in part;
3. Present new matter or explanations by way of defense; and
4. State any legal objections to the complaint.
Within the time specified respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices shall be filed within the period specified above unless the commission authorizes the filing of a later notice.
κ1975 Statutes of Nevada, Page 1445 (CHAPTER 703, SB 614)κ
filed within the period specified above unless the commission authorizes the filing of a later notice.
Sec. 9. The respondent is entitled to a hearing on the merits if he files a notice of defense within the time allowed and any such notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed constitutes a waiver of the respondents right to a hearing and to judicial review of any decision or order of the commission, but the commission may order a hearing. All affirmative defenses must be specifically stated and unless objection is stated in a notice of defense, all objections to the form of the notice and statement of reasons are waived.
Sec. 10. 1. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents notice of defense. The commission shall deliver or send a notice of hearing by registered or certified mail to all parties at least 10 days prior to the hearing. Unless the respondent consents, the hearing shall not be held prior to the expiration of the time within which the respondent is entitled to file a notice of defense.
2. The notice of hearing shall be substantially in the following form, but may include other information:
You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the .......... day of ...................., 19.........., at the hour of .........., upon the charges made in the statement of reasons served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.
Sec. 11. 1. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses shall be paid by the party at whose request the witness is subpenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.
2. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
κ1975 Statutes of Nevada, Page 1446 (CHAPTER 703, SB 614)κ
3. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use such affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) shall be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the .......... day of ...................., 19.......... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
...............................................
(Party or Counsel)
...............................................
(Address)
Sec. 12. 1. At least three members of the commission shall be present at every hearing upon a recommended disqualification, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
2. The proceedings at the hearing shall be reported either stenographically or by a phonographic reporter.
3. Oral evidence shall be taken only upon oath or affirmation administered by the commission.
4. Every party to a hearing is entitled:
(a) To call and examine witnesses;
(b) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(c) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(d) To impeach any witness regardless of which party first called him to testify; and
(e) To offer rebuttal evidence.
κ1975 Statutes of Nevada, Page 1447 (CHAPTER 703, SB 614)κ
5. If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
6. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
7. The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
Sec. 13. The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties shall be informed of any information, matters or facts so noticed, and shall be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
Sec. 14. The commission may, before submission of the matter for decision, permit the filing of amended or supplemental notices or statements, and shall notify all parties thereof and provide a reasonable opportunity for objections thereto.
Sec. 15. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission shall be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
Sec. 16. Failure of a respondent to file a notice of defense or to request or appear at the hearing constitutes an admission of all matters and facts contained in the complaint filed with respect to such respondent. In such cases the commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices whatever to respondent. In such cases the commission shall prepare and file a record containing the evidence upon which its action was based.
Sec. 17. If a person is disqualified after a hearing, the commission shall prepare and file a written decision setting forth the reasons on which its order is based. Whenever a person is disqualified, the commission shall in writing notify that person and the labor organization, stating what functions the person is disqualified from performing.
κ1975 Statutes of Nevada, Page 1448 (CHAPTER 703, SB 614)κ
in writing notify that person and the labor organization, stating what functions the person is disqualified from performing.
Sec. 18. The commission may, upon motion therefor made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion shall not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion shall be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence shall be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.
Sec. 19. 1. Any person aggrieved by a final decision or order of the commission made after hearing or rehearing by the commission, whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court of the county in which the petitioner resides or has its principal office.
2. The judicial review shall be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the commission. The petition shall set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
3. Copies of the petition shall be served upon the commission and all other parties of record, or their counsel of record, either personally or by certified mail.
4. The court, in its discretion, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition shall not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
Sec. 20. 1. Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, shall be prepared by the commission.
2. The complete record on review shall include copies of:
(a) All notices and statements in the matter;
(b) All notices and interim orders issued by the commission in connection with the matter;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the matter.
κ1975 Statutes of Nevada, Page 1449 (CHAPTER 703, SB 614)κ
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
3. The record on review shall be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
Sec. 21. The reviewing court may, upon motion therefor, order that additional evidence in the matter be taken by the commission upon such terms and conditions as the court may deem just and proper. Such motion shall not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion shall be supported an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence shall be permitted. In matters in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which shall become a part of the record on review.
Sec. 22. The review shall be conducted by the court sitting without a jury, and shall not be a trial de novo but shall be confined to the record on review.
Sec. 23. The reviewing court may affirm the decision and order of the commission, or it may remand the matter for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
1. In violation of constitutional provisions;
2. In excess of the statutory authority or jurisdiction of the commission;
3. Made upon unlawful procedure;
4. Unsupported by any substantial evidence;
5. Arbitrary or capricious or otherwise not in accordance with law.
Sec. 24. Any party aggrieved by the final decision in the district court after a review of the commission decision and order may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law shall warrant.
Sec. 25. The judicial review by the district and supreme courts afforded in this chapter is the exclusive method of review of commission actions, decisions and orders, and precludes the use of any of the extraordinary common law writs or other equitable proceedings.
Sec. 26. 1. If, 10 days or more after notice of disqualification is given, a person performs any function for which he is disqualified, the commission may bring an action in the district court for the county where the person is performing the function or where the labor organization has its principal office, for an injunction restraining:
κ1975 Statutes of Nevada, Page 1450 (CHAPTER 703, SB 614)κ
(a) The disqualified person from performing any function for which he is disqualified;
(b) The labor organization, after the expiration of the 10-day period, if it has permitted the person to perform such function, from collecting any dues, assessments, levies, fines or other charges in this state from gaming casino employees; or
(c) Both the disqualified person and the labor organization from these activities respectively.
2. In any such action, a temporary restraining order or a preliminary injunction, or both, may be obtained in accordance with the Nevada Rules of Civil Procedure.
3. In addition or as an alternative to enjoining the labor organization, the court may impose upon the labor organization a fine of not more than $10,000 for each day that the disqualified person performs any function for which he is disqualified after the entry of the courts order.
Sec. 27. The provisions of sections 2 to 26, inclusive, of this act do not deny or limit in any way the legitimate rights of gaming casino employees to bargain collectively or otherwise to engage in concerted activity for their mutual aid and protection through representatives of their own choosing, if such representatives are not disqualified pursuant to the provisions of sections 2 to 27, inclusive, of this act.
Sec. 28. The state gaming control board may from time to time apply to the interim finance committee for:
1. Authority to employ additional personnel;
2. An allocation of money from the contingency fund; or
3. Both such authority and such an allocation.
If the interim finance committee finds that the duties imposed upon the board by this act require such authority or such an allocation or both, it may grant or reduce the number of persons or amount of money or both.
Sec. 29. This act shall become effective upon passage and approval.
________
Senate Bill No. 267Senator Hilbrecht
CHAPTER 704
AN ACT relating to public utility regulation; restricting the permissible frequency and degree of repetition in applications for change of rates; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.100 is hereby amended to read as follows:
704.100 1. No changes shall be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any and all rates or charges, except upon 30 days notice to the commission, and all such changes shall be plainly indicated, or by filing new schedules in lieu thereof 30 days prior to the time the same are to take effect. The commission, upon application of any public utility, may prescribe a less time within which a reduction may be made.
κ1975 Statutes of Nevada, Page 1451 (CHAPTER 704, SB 267)κ
commission, upon application of any public utility, may prescribe a less time within which a reduction may be made.
2. Copies of all new or amended schedules shall be filed and posted in the stations and offices of public utilities as in the case of original schedules.
3. Except as provided in subsection 4, the commission shall not consider an application by a public utility if the justification for the new schedule includes any items of expense or rate base which are set forth as justification in a pending application, are the subject of pending litigation, or have been considered and disallowed by the commission or a district court.
4. A public utility may set forth as justification for a rate increase items of expense or rate base which have been considered and disallowed by the commission, only if those items are clearly identified in the application and new facts or policy considerations for each item are advanced in the application to justify a reversal of the commissions prior decision.
5. If the commission receives an application that is within the prohibition of subsection 3, it shall, within 30 days, notify the public utility that the application is dismissed.
6. The commission shall determine whether a hearing shall be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.
[4.] 7. In making such determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 2. NRS 704.110 is hereby amended to read as follows:
704.110 1. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, enter upon an investigation or, upon reasonable notice, enter upon a hearing concerning the property of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending such investigation or hearing and the decision thereon, the commission, upon delivering to the utility or utilities affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12-month period.
κ1975 Statutes of Nevada, Page 1452 (CHAPTER 704, SB 267)κ
shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12-month period. During any hearing concerning such increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for any increased investment in facilities, certain expenses as approved by the commission and costs of new securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until such changes have been experienced and certified by the utility to the commission. Within 90 days after the filing with the commission of the certification required herein, or before the expiration of any suspension period ordered herein pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to such rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuation, modification, restriction or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, discontinuation, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with commission regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often that every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance if the public utilitys rate of return is in excess of the rate of return most recently granted the public utility.
6. Except as provided in subsection 7, whenever an application for such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has been filed with the commission, a public utility shall not submit another application until all pending applications for rate increases submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if such other application is not permitted to be submitted sooner.
7. A public utility may not file an application to recover the increased cost of purchased fuel, purchased power or natural gas purchased for resale more often than once every 30 days.
________
κ1975 Statutes of Nevada, Page 1453κ
Assembly Bill No. 678Assemblymen Getto, Young, Howard, Jacobsen, Hayes, Moody, Christensen, Dreyer and Wittenberg
CHAPTER 705
AN ACT relating to waterholes; prohibiting camping near waterholes in certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person to camp within 100 yards of a waterhole in such a manner that wildlife or domestic stock will be denied access to such waterhole.
________
Assembly Bill No. 488Committee on Judiciary
CHAPTER 706
AN ACT relating to the Nevada equal rights commission; extending jurisdiction; clarifying prohibited practices in employment and real property transactions; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 233.010 is hereby amended to read as follows:
233.010 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the state, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations, and reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, physical or visual handicap, national origin or ancestry.
2. It is recognized that the people of this state should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this state.
Sec. 2. NRS 233.040 is hereby amended to read as follows:
233.040 The members of the commission shall be representative of [the] religious, handicapped, racial and ethnic groups of both sexes in the state.
Sec. 3. NRS 233.060 is hereby amended to read as follows:
233.060 The commission shall:
1. Foster mutual understanding and respect among all racial, religious, handicapped and ethnic groups and between the sexes in the State of Nevada.
κ1975 Statutes of Nevada, Page 1454 (CHAPTER 706, AB 488)κ
2. Aid in securing equal health and welfare services and facilities for all the residents of the State of Nevada without regard to race, religion, sex, age, physical or visual handicap or nationality.
3. Study and investigate problems arising between groups in the State of Nevada which may result in tensions, discrimination or prejudice because of race, color, creed, sex, age, physical or visual handicap, national original or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.
4. Investigate any complaints of discrimination, tensions or prejudice filed with or referred to the commission.
5. Secure the cooperation of various racial, religious, handicapped, nationality and ethnic groups, veterans organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.
6. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.
7. Have the power to accept gifts or bequests of personal property and may use the same to carry out the objects and purposes of this chapter.
8. Have the power to make findings of fact and proceed thereon as provided in NRS 613.410 and 651.110.
9. Have the power to make such rules and regulations, not inconsistent with law, as it finds expedient to carry into execution the powers and duties conferred upon it by this chapter.
Sec. 4. NRS 233.070 is hereby amended to read as follows:
233.070 1. The commission shall receive and investigate complaints and initiate its own investigation of tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, physical or visual handicap, national origin or ancestry, and may conduct private or public hearings with regard thereto.
2. The commission, after the completion of any hearing, shall make a report in writing to the governor setting forth the facts found by the commission and the commissions recommendations. The commission shall use its best efforts to bring about compliance with its recommendations.
3. The commission may subpena witnesses and require the production of any evidence relevant to any hearings conducted by the commission.
4. The commission may delegate its power to hold hearings, to issue subpenas and to require the production of evidence to one or more of its members or to one or more hearing officers whom it may employ. If a hearing is held pursuant to such delegation, the provisions of NRS 233B.124 govern the rendering of the decision, including the finding of facts upon which to base further action.
Sec. 5. NRS 610.020 is hereby amended to read as follows:
610.020 The purposes of this chapter are:
κ1975 Statutes of Nevada, Page 1455 (CHAPTER 706, AB 488)κ
1. To open to young people, without regard to race, color, creed, sex, physical or visual handicap or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.
2. To set up, as a means to this end, a program of voluntary apprenticeship under approved apprentice agreements providing facilities for their training and guidance in the arts and crafts of industry and trade, with parallel instruction in related and supplementary education.
3. To promote employment opportunities for young people, without regard to race, color, creed, sex, physical or visual handicap or national origin, under conditions providing adequate training and reasonable earnings.
4. To regulate the supply of skilled workers to employment demands.
5. To establish standards for apprentice training.
6. To establish a state apprenticeship council and local joint apprenticeship committees to assist in effectuating the purposes of this chapter.
7. To provide for a state director of apprenticeship.
8. To provide for reports to the legislature and to the public regarding the status of apprentice training in the state.
9. To establish a procedure for the determination of apprentice agreement controversies.
10. To accomplish related ends.
Sec. 6. NRS 610.150 is hereby amended to read as follows:
610.150 Every apprentice agreement or indenture entered into under this chapter shall contain:
1. The names of the contracting parties.
2. The date of birth of the apprentice.
3. A statement of the trade, craft or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
4. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction shall be not less than 144 hours per year; but in no case shall the combined weekly hours of work and of required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age and sex of the apprentice.
5. A statement setting forth a schedule of the processes in the trade or industry division in which the apprentice is to be taught and the approximate time to be spent at each process.
6. A statement of the graduated scale of wages to be paid the apprentice and whether compensation shall be paid for the required school time.
7. A statement providing for a period of probation of not more than 500 hours of employment and instruction extending over not more than 6 months, during which time any apprentice indenture shall be terminated by the local joint apprenticeship committee at the request, in writing, of either party to the indenture, and providing that after such probationary period the apprentice indenture may be terminated after due hearing of the case by the local joint apprenticeship committee subject to appeal to the state apprenticeship council.
κ1975 Statutes of Nevada, Page 1456 (CHAPTER 706, AB 488)κ
the case by the local joint apprenticeship committee subject to appeal to the state apprenticeship council.
8. A statement that no apprentice shall be discriminated against with respect to hire, advancement, compensation or other terms, conditions or privileges of employment because of race, color, creed, sex, physical or visual handicap or national origin.
9. A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally shall be submitted to the state apprenticeship council for determination as provided in NRS 610.180.
10. A provision that an employer who is unable to fulfill his obligation under the apprentice agreement may, with the approval of the local joint apprenticeship committee, transfer such contract to any other employer; provided:
(a) That the apprentice consents and that such other employer agrees to assume the obligations of the apprentice agreement; and
(b) That the local joint apprenticeship committee shall notify the state apprenticeship council of such action.
11. Such additional terms and conditions as may be prescribed or approved by the state apprenticeship council not inconsistent with the provisions of this chapter.
Sec. 7. NRS 610.185 is hereby amended to read as follows:
610.185 The state apprenticeship council shall [, after notice and hearing of the matter as provided by NRS 610.180,] suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in the apprenticeship program under the provisions of this chapter if the [state apprenticeship council] Nevada commission on equal rights of citizens, after due notice and hearing as prescribed by chapter 233 of NRS, finds that such employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, physical or visual handicap or national origin in violation of subsection 8 of NRS 610.150.
Sec. 8. NRS 613.340 is hereby amended to read as follows:
613.340 1. It is an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.420, inclusive, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.420, inclusive.
2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, age, physical or visual handicap or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, age, physical or visual condition or national origin when religion, sex, age, physical or visual condition or national origin is a bona fide occupational qualification for employment.
κ1975 Statutes of Nevada, Page 1457 (CHAPTER 706, AB 488)κ
national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, age, physical or visual condition or national origin when religion, sex, age, physical or visual condition or national origin is a bona fide occupational qualification for employment.
Sec. 9. NRS 613.350 is hereby amended to read as follows:
613.350 Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive:
1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, age, physical or visual handicap or national origin in those certain instances where religion, sex, age, physical or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
2. It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any individual for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any individual for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any individual in any such program, on the basis of his physical or visual handicap in those certain instances where physical or visual condition is a bona fide and relevant occupation qualification necessary to the normal operation of that particular business or enterprise, provided it is shown that the particular physical or visual handicap would prevent proper performance of the work for which the handicapped individual would otherwise have been hired, classified, referred or prepared under a training or retraining program.
3. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.
4. It is not an unlawful employment practice for an employer to observe the terms of any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.420, inclusive, as they relate to discrimination against an individual because of age, except that no such employee benefit plan shall excuse the failure to hire any individual.
κ1975 Statutes of Nevada, Page 1458 (CHAPTER 706, AB 488)κ
Sec. 10. NRS 613.380 is hereby amended to read as follows:
613.380 Notwithstanding any other provision of NRS 613.310 to 613.420, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, age, physical or visual handicap or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, age, physical or visual handicap or national origin.
Sec. 11. NRS 613.400 is hereby amended to read as follows:
613.400 Nothing contained in NRS 613.310 to 613.420, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.420, inclusive, to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, age, physical or visual handicap or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, age, physical or visual handicap or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, age, physical or visual handicap or national origin in any community, section or other area, or in the available work force in any community, section or other area.
Sec. 12. NRS 613.405 is hereby amended to read as follows:
613.405 1. Any person injured by an unfair employment practice within the scope of NRS 613.310 to 613.400, inclusive, may file a complaint to that effect with [:
(a) The] the Nevada equal rights commission if the complaint is based on discrimination because of race, color, sex, age, physical or visual handicap, religion or national origin.
[(b) The labor commissioner if the complaint is based on discrimination because of sex or age or a visual or physical handicap.]
2. The Nevada equal rights commission may initiate its own investigation of any such practice which is based on discrimination because of race, color, religion, sex, age, physical or visual handicap or national origin. [, and the labor commissioner may initiate his own investigation of any such practice which is based on discrimination because of sex or age or a visual or physical handicap.]
Sec. 13. Sections 4 and 12 of this act shall become effective on July 1, 1975, at 12:01 a.m.
________
κ1975 Statutes of Nevada, Page 1459κ
Assembly Bill No. 461Committee on Judiciary
CHAPTER 707
AN ACT relating to district courts; increasing the number of district judges in the eighth judicial district; making an appropriation; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
First judicial district. The county of Storey and Carson City shall constitute the first judicial district.
Second judicial district. The county of Washoe shall constitute the second judicial district.
Third judicial district. The counties of Eureka and Lander shall constitute the third judicial district.
Fourth judicial district. The county of Elko shall constitute the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt shall constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln shall constitute the seventh judicial district.
Eighth judicial district. The county of Clark shall constitute the eighth judicial district.
Ninth judicial district. The counties of Douglas, Churchill and Lyon shall constitute the ninth judicial district.
2. For each of the judicial districts, except the second and eighth judicial districts, there shall be one district judge. For the second judicial district there shall be six district judges until January 1, 1974. On and after January 1, 1974, for the second judicial district there shall be seven district judges. For the eighth judicial district there shall be [10] 11 district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided in NRS 3.080.
Sec. 2. The governor shall, after the effective date of this act, in the manner provided by law, fill the vacancy which is created in the office of district judge in the eight judicial district by the enactment of section 1 of this act.
Sec. 3. Section 1 of chapter 359, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into nine judicial districts, as follows:
κ1975 Statutes of Nevada, Page 1460 (CHAPTER 707, AB 461)κ
First judicial district. The county of Storey and Carson City [shall constitute] constitute the first judicial district.
Second judicial district. The county of Washoe [shall constitute] constitutes the second judicial district.
Third judicial district. The counties of Churchill, Eureka and Lander [shall constitute] constitute the third judicial district.
Fourth judicial district. The county of Elko [shall constitute] constitutes the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye [shall constitute] constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt [shall constitute] constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln [shall constitute] constitute the seventh judicial district.
Eighth judicial district. The county of Clark [shall constitute] constitutes the eighth judicial district.
Ninth judicial district. The counties of Douglas [, Churchill] and Lyon [shall constitute] constitute the ninth judicial district.
2. For each of the judicial districts, except the second and eighth judicial districts, there shall be one district judge. For the second judicial district there shall be [six district judges until January 1, 1974. On and after January 1, 1974, for the second judicial district there shall be] seven district judges. For the eighth judicial district there shall be 11 district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy [shall occur] occurs in the office of any district judge it shall be filled as provided in NRS 3.080.
Sec. 4. There is hereby appropriated from the general fund in the state treasury for the support of district judges salaries and pensions of additional district judges of the eighth judicial district the sum of:
1. For the fiscal year beginning July 1, 1975, and ending June 30, 1976, $32,916.
2. For the fiscal year beginning July 1, 1976, and ending June 30, 1977, $32,958.
________
Assembly Bill No. 481Assemblymen Sena, Banner, Hayes, Craddock, Mann, Wagner, Jeffrey, Polish, Coulter, Dreyer, Jacobsen, Howard, Demers, Wittenberg, Weise, Harmon, Heaney, Barengo, Bremner, Brookman, Christensen, Getto, Lowman, Chaney, Price, May, Mello, Bennett and Ford
CHAPTER 708
AN ACT relating to crimes and punishments; prohibiting the possession, sale or transfer of any document for the purpose of establishing a false identity; prohibiting the sale of identification documents under certain circumstances; providing penalties; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1975 Statutes of Nevada, Page 1461 (CHAPTER 708, AB 481)κ
1. It is unlawful for any person to possess, sell or transfer any document for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.
2. A person who sells or transfers any such document shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. A person who possesses any such document is guilty of a misdemeanor.
3. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document.
(b) Prohibit the possession or use of such documents by officers of local police, sheriff, and metropolitan police departments and by agents of the investigation and narcotics division of the department of law enforcement assistance while engaged in undercover narcotics or prostitution investigations.
Sec. 2. Chapter 207 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person to sell to another any card or other document purporting to establish the identity of the holder unless the purchaser appears personally before the seller and declares his identity in writing under the penalty of perjury. This section does not apply to any governmental agency.
________
Assembly Bill No. 798Assemblymen Dini and Mello
CHAPTER 709
AN ACT creating a Nevada veterans advisory commission; providing for appointment and composition of members of the advisory commission; providing for their compensation and traveling allowances; prescribing their duties; making an appropriation; and providing other matters properly relating thereto.
[Approved May 26, 1975]
Whereas, Nevada does not have a committee whose purpose is to consider legislation favorable to veterans; and
Whereas, The governors of other states have appointed committees to study and make recommendations to the governors for legislation or for any other actions beneficial to veterans; and
Whereas, The State of Nevada has the second lowest record of veteran benefits in the United States; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The Nevada veterans advisory commission is hereby created.
κ1975 Statutes of Nevada, Page 1462 (CHAPTER 709, AB 798)κ
2. The advisory commission shall consist of seven members who shall be appointed by the governor as follows:
(a) One member shall represent the American Legion.
(b) One member shall represent the American Veterans.
(c) One member shall represent the Disabled American Veterans.
(d) One member shall represent the Veterans of Foreign Wars.
(e) One member shall represent the Veterans of World War I.
(f) Two members shall represent the general public.
Sec. 3. 1. On July 1, 1975, the governor shall appoint four members for 3-year terms and three members for 2-year terms. Thereafter all members shall serve 4-year terms. In the event of a vacancy, the governor shall appoint another member in the same manner as the original member was appointed to fill the remainder of the unexpired term.
2. The advisory commission shall annually choose one of its members to serve as chairman and one of its members to serve as secretary.
3. Members of the advisory commission shall receive:
(a) A salary of not more than $40 per day, as fixed by the commission, while engaged in the business of the advisory commission.
(b) A subsistence allowance of not more than $40 per day, as fixed by the commission, and actual expenses for transportation, while traveling on business of the advisory commission.
Sec. 4. 1. The advisory commission shall meet at least twice in every calendar year.
2. Meetings of the advisory commission may be held at the call of the chairman whenever he determines that there is sufficient business to warrant action by the advisory commission or whenever three members of the advisory commission submit a written request for such meeting.
3. Notice of the time, place and purpose of all such meetings shall be given in writing to each member at least 5 days prior to the holding of the meeting.
Sec. 5. 1. A majority of the advisory commission constitutes a quorum for the transaction of any business.
2. A vacancy on the advisory commission does not impair the right of the remaining members to perform any of the duties of the advisory commission.
Sec. 6. The advisory commission shall:
1. Advise the commissioner and deputy commissioner of veteran affairs.
2. Coordinate activities of veterans organizations.
3. Serve as a clearinghouse and disseminate information relating to veterans benefits.
4. Make recommendations to the governor, the legislature, the commission and deputy commissioner of veteran affairs regarding aid or benefits to veterans.
5. Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.
κ1975 Statutes of Nevada, Page 1463 (CHAPTER 709, AB 798)κ
Sec. 7. There is hereby appropriated from the general fund in the state treasury to the Nevada commissioner for veteran affairs the sum of $6,000 for the biennium beginning July 1, 1975, and ending June 30, 1977, for the purpose of paying salaries, subsistence allowances and transportation costs for members of the Nevada veterans advisory commission.
________
Assembly Bill No. 800Committee on Commerce
CHAPTER 710
AN ACT to amend an act entitled An Act relating to alcoholic beverages; limiting vertical competition in the distribution and marketing of alcoholic beverages; providing a penalty; and providing other matters properly relating thereto, approved May 13, 1975.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 423, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 4. 1. A person engaged in the business of manufacturing, blending or bottling of alcoholic beverages shall not engage in the business of importing, wholesaling or retailing of alcoholic beverages by investment, loan or extension of credit in excess of normal terms prevalent in the industry [.] , unless such person was so engaged on or before May 1, 1975, and then only to the extent so engaged.
2. This section does not preclude any person engaged in the business of importing, wholesaling or retailing alcoholic beverages from owning less than 2 percent of the outstanding ownership equity in any organization which manufactures, blends or bottles alcoholic beverages.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 561Senator Sheerin
CHAPTER 711
AN ACT relating to traffic laws; lengthening time for holding administrative hearing for suspension of drivers license in certain circumstances.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 484.387 is hereby amended to read as follows:
484.387 1. 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] 60 days after receipt of the request.
κ1975 Statutes of Nevada, Page 1464 (CHAPTER 711, SB 561)κ
time, the department of motor vehicles shall afford the person an opportunity for a hearing to be conducted within [20] 60 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 had reasonable grounds to believe such person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. 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. If, 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 shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.
________
Senate Bill No. 542Committee on Commerce and Labor
CHAPTER 712
AN ACT relating to landscape architects; providing for their certification and regulation; establishing an administrative board and requiring examinations of prospective certificate holders; providing fees; providing penalties; and providing other matters properly relating thereto.
[Approved May 26, 1975]
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 39, inclusive, of this act.
Sec. 2. The practice of landscape architecture affects the public welfare and is 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 7, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 4. Board means the board of landscape architects.
Sec. 5. Instruments of service means the finalized drawings or specifications prepared by a certificate holder.
κ1975 Statutes of Nevada, Page 1465 (CHAPTER 712, SB 542)κ
Sec. 6. Landscape architect means any person who engages in the practice of landscape architecture.
Sec. 7. The practice of landscape architecture consists of holding out to the public, and rendering, services for consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and supervision where the dominant purpose of the services is for the:
1. Preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and esthetic values, natural drainage, and the settings and approaches to buildings, structures, facilities and other improvements; and
2. Consideration and determination of inherent problems of the land relating to erosion, wear and tear, lighting characteristics, and design of landscape irrigation, lighting and grading.
Practice of landscape architecture includes the location and arrangement of such tangible objects and features as are incidental and necessary to this dominant purpose, but does not include the design of structures or facilities with separate and self-contained purposes for habitation or industry, whose design is normally included in the practice of architecture or professional engineering.
Sec. 8. 1. There is hereby created the board of landscape architecture.
2. The board shall consist of three members appointed by the governor to terms of 4 years.
3. Members of the board shall:
(a) Be active in the practice of landscape architecture for at least 3 years prior to their appointment; and
(b) Be residents of the state for at least 2 years prior to their appointment.
4. Members of the board shall not serve for more than three consecutive terms.
5. Before entering upon the discharge of his duties, each member of the board shall take and subscribe the oath of office and file it with the secretary of state.
6. Vacancies on the board shall be filled in the same manner as the original appointment to serve for the remainder of the unexpired term.
Sec. 9. Members of the board are entitled to:
1. A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence, not to exceed $40 per day, and actual expenses for travel, while engaged in the business of the board.
Sec. 10. 1. At each annual meeting of the board, the members shall:
(a) Elect one member as president; and
(b) Appoint a secretary.
2. The secretary may be a member of the board and is entitled to a salary fixed by the board.
3. The secretary shall:
(a) Keep an accurate record of all proceedings of the board;
(b) Have custody of the official seal; and
(c) Maintain a file containing the names and addresses of all certificate holders.
κ1975 Statutes of Nevada, Page 1466 (CHAPTER 712, SB 542)κ
Sec. 11. 1. The board shall meet at least once each calendar quarter for the purpose of transacting its regular business and may meet at any other time as the board designates.
2. Special meetings of the board shall be called by the secretary upon the written request of any member, by giving 20 days written notice of the meeting and the time and place the meeting is to be held to each member of the board.
3. Two members of the board constitute a quorum.
Sec. 12. The board may employ and fix the compensation for legal counsel, inspectors, special agents, investigators and clerical personnel necessary to the discharge of its duties.
Sec. 13. The board shall:
1. Adopt an official seal.
2. Administer and enforce the provisions of this chapter.
3. Adopt regulations for its administration and government and for the administration of this chapter pursuant to the Nevada Administrative Procedure Act.
4. Administer and conduct comprehensive examinations of applicants, which shall test the applicants fitness to engage in the business of landscape architect.
Sec. 14. The board may:
1. Grant or refuse certificates after examination and revoke or suspend a certificate for any of the causes specified in this chapter.
2. Administer oaths, take depositions, issue subpenas and take testimony for the purpose of any hearing authorized by this chapter.
3. Establish reasonable educational requirements for applicants.
4. Establish requirements for approval of schools of landscape architecture.
Sec. 15. All moneys coming into the possession of the board shall be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada 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. 16. The attorney general is the legal advisor of the board, but the board may employ legal counsel.
Sec. 17. Any person who is 21 years of age and who has had 6 years of education and experience in landscape architecture, in any combination deemed suitable by the board, may 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.
Sec. 18. 1. The board shall approve or disapprove each application. If the board is satisfied that the information contained in the application is true, and that the applicant is qualified to take the examination and has paid the required fee, it shall approve the application.
2. Whenever the board approves an application, the secretary shall promptly notify the applicant in writing of such approval and of the time and place of the examination, if required.
3. Whenever the board disapproves an application, the secretary shall promptly notify the applicant of the disapproval, stating the reasons therefor. An unsuccessful applicant is entitled to judicial review pursuant to the Nevada Administrative Procedure Act.
κ1975 Statutes of Nevada, Page 1467 (CHAPTER 712, SB 542)κ
Sec. 19. 1. The board shall give each applicant for a certificate an examination, which may be written or oral, or both.
2. The examination shall be given at such times and places and under such supervision as the board may determine.
3. The board may examine in whatever theoretical or applied fields it deems appropriate to determine professional skills and judgment.
4. The board shall by regulation establish what constitutes a passing grade.
5. The written examination may be waived by the board if the applicant presents documentation that he has taken and passed, with a grade that is a passing grade in this state, a written examination in another state having equivalent scope and subject matter.
6. Written examination papers and transcripts of any oral examinations shall be destroyed after a certificate is issued.
Sec. 20. 1. Certificates expire on June 30 next following the date of issuance.
2. Certificates may be renewed for 1 year from each succeeding July 1, upon payment of the annual renewal fee.
3. A license which has expired for failure to pay the annual renewal fee may be reinstated by the board without examination upon payment of the lapsed renewal fee, in addition to the annual renewal fee, within 5 years after the date of expiration.
Sec. 21. 1. If a certificate has not been renewed within 5 years of its expiration, the certificate holder may apply for and obtain a new certificate if:
(a) He is otherwise eligible.
(b) He pays all fees required by this chapter; and
(c) He takes and passes the examination or establishes to the satisfaction of the board that he is qualified to practice landscape architecture.
2. The board may waive all or part of the examination fee if the applicant is not required to take an examination.
Sec. 22. 1. A certificate holder shall notify the secretary of any change of address of his business and if the certificate has been lost, stolen, destroyed or mutilated.
2. The secretary shall issue a duplicate certificate in accordance with regulations established by the board upon application and payment of the fee.
Sec. 23. 1. A suspended certificate expires unless it is renewed by the certificate holder. The renewal does not entitle the holder to engage in the practice of landscape architecture until the expiration of the suspension period or until the certificate is reinstated by the board.
2. A revoked certificate expires and is not subject to renewal. If the certificate is reinstated after its expiration, the certificate holder shall pay a reinstatement fee in an amount equal to the renewal fee and a delinquency fee.
Sec. 24. A firm, partnership, corporation or association may engage in the practice of landscape architecture if:
1. All work is under the supervision and direction of a certificate holder;
κ1975 Statutes of Nevada, Page 1468 (CHAPTER 712, SB 542)κ
2. The name or names of all certificate holders appear in the name of the firm, partnership, corporation or association;
3. The name of certificate holder appears on all papers or documents used in the practice of landscape architecture; and
4. All instruments of service are signed by the certificate holder.
Sec. 25. 1. A firm, partnership, corporation or association engaged in the practice of landscape architecture may, upon the approval of the board, establish and operate branch offices within the state.
2. A branch office shall be operated by a resident landscape architect who holds a certificate issued pursuant to this chapter.
3. Offices established for the purpose of observing construction work on a project are not considered branch offices.
Sec. 26. The following fees shall be charged under the provisions of this chapter.
Examination fee................................................................................................. $50
Reexamination fee............................................................................................ 50
Certificate of registration................................................................................ 35
Renewal fee....................................................................................................... 35
Reinstatement fee............................................................................................. 35
Delinquency fee............................................................................................... 10
Change of address fee..................................................................................... 5
Sec. 27. 1. A complaint may be made against a certificate holder by the board, any aggrieved person or by any other certificate holder, charging one or more of the causes for which the certificate may be revoked or suspended with such particularity as to enable the defendant certificate holder to prepare a defense thereto.
2. A complaint shall be made in writing and be signed and verified by the person making it. The original complaint and two copies shall be filed with the secretary.
Sec. 28. 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 shall immediately notify the defendant certificate holder 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. 29. The hearing of a complaint shall be conducted by the board. The defendant certificate holder is entitled 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 briefs in person or by his counsel.
Sec. 30. Upon conclusion of the hearing or as soon as practicable thereafter, the board shall make and announce its decision.
Sec. 31. If the board revokes or suspends a license for a fixed time, the certificate holder may apply for a rehearing within 10 days and the board may grant such application within 30 days thereafter.
Sec. 32. If the board grants a rehearing, the secretary shall immediately notify the certificate holder 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.
κ1975 Statutes of Nevada, Page 1469 (CHAPTER 712, SB 542)κ
former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board shall make and announce its decision.
Sec. 33. If the board has rendered a decision adverse to the certificate holder and denies a rehearing, or if the board grants a rehearing and again decides adversely to the interests of the certificate holder, the certificate holder is entitled to judicial review pursuant to the Nevada Administrative Procedure Act.
Sec. 34. 1. Except as provided in subsection 2, a complaint shall not be filed against a certificate holder if 2 years or more have elapsed since the occurrence of the act or omission alleged as the ground for disciplinary action.
2. If the act or omission alleges fraud or misrepresentation, the complaint shall be filed within 2 years after the discovery of the fraud or misrepresentation.
Sec. 35. This chapter does not apply to:
1. Owners of property who make plans, specifications or drawings for their own property.
2. Any person engaged in the practice of architecture who is registered pursuant to chapter 623 of NRS.
3. A contractor licensed pursuant to chapter 624 of NRS who provides his own drawings for his own construction activities.
4. Any person engaged in the practice of professional engineering who is registered pursuant to chapter 625 of NRS.
5. Any person who designs irrigation systems if the irrigation design incorporates only nonesthetic irrigation design.
6. Any person who manufactures irrigation equipment and provides instructions pertaining to the mechanical erection and installation of the equipment but does not install the equipment.
Sec. 36. The board may suspend or revoke certificates already issued, refuse renewals of certificates or take other less severe disciplinary action if the certificate holder has committed an act or acts set forth in section 37 of this act.
Sec. 37. The following acts, among others, constitute cause for disciplinary action:
1. A certificate holder has signed or sealed instruments of service which are not prepared by him or under his immediate supervision.
2. A certificate holder has permitted the use of his signature or seal by another person for the purpose of evading the provisions of this chapter.
3. A certificate holder has not signed, sealed or dated instruments of service prepared by the certificate holder.
4. A certificate holder impersonates a landscape architect of the same or similar name.
5. A certificate holder is practicing under an assumed, fictitious or corporate name.
6. A certificate holder is practicing landscape architecture in violation of the provisions of this chapter.
7. A certificate holder has obtained his certificate by fraud or misrepresentation.
κ1975 Statutes of Nevada, Page 1470 (CHAPTER 712, SB 542)κ
8. A certificate holder is guilty of fraud or deceit in the practice of landscape architecture.
9. A certificate holder is guilty of negligence, willful misconduct or gross incompetence.
10. A certificate holder is convicted of any felony.
Sec. 38. A violation of this chapter by a person unlawfully representing himself as a landscape architect may be enjoined by a district court on petition by the president of the board in the name of 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 unlawfully representing himself as a landscape architect, the court shall enjoin him from continuing such representation. The procedure in such cases shall be the same as in any other application for an injunction. The remedy by injunction is in addition to any criminal prosecution and punishment or any disciplinary action by the board.
Sec. 39. Any person who:
1. Violates any of the provisions of this chapter;
2. Having had his certificate suspended or revoked, continues to represent himself as a landscape architect;
3. Engages in the practice of landscape architecture without holding a certificate issued by the board;
4. Uses the title or term landscape architect in any sign, card, listing, advertisement or in any other manner without holding a certificate issued by the board,
is guilty of a misdemeanor.
Sec. 40. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and chapters 653 and 656 of NRS and sections 2 to 39, inclusive, of this act shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.
2. A report of each such audit shall be filed with the legislative auditor and the director of the budget on or before December 1 of each year. The legislative auditor shall prescribe the shape, size and general style or makeup of the report.
3. The legislative auditor may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the legislative auditor to perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.
Sec. 41. 1. The first board appointed by the governor as the board of landscape architects shall consist of two members appointed for 2 years and one for 3 years. Thereafter all members shall be appointed for the full 4-year term.
2. Members of the first board shall have the qualifications required by section 8 of this act, except that they are not required to be certified.
Sec. 42. 1. Any person who has been engaged in the practice of landscape architecture for at least 3 years prior to July 1, 1975, and who fulfills the requirements of subsection 2 is entitled to receive, without examination, a certificate to practice landscape architecture.
κ1975 Statutes of Nevada, Page 1471 (CHAPTER 712, SB 542)κ
fulfills the requirements of subsection 2 is entitled to receive, without examination, a certificate to practice landscape architecture.
2. Except as provided in subsection 4, the applicant shall submit proof that he:
(a) Has engaged in the practice of landscape architecture for at least 3 years;
(b) Has engaged in comprehensive projects including but not limited to overall design, details, specifications, planting plans, sprinkler plans and contract documents; and
(c) Has engaged in at least three executed projects in each year he was in practice for the 3 years required by paragraph (a).
3. Documentation of the completed projects shall be by photographs of each project.
4. The board may waive the requirements of subsection 2, or any of them, if the oral interview of any candidate establishes his qualifications.
5. Applications for certification pursuant to this section may be accepted until July 1, 1976.
6. Any applicant is entitled to judicial review pursuant to the Nevada Administrative Procedure Act if his application filed under the provisions of this section is denied.
Sec. 43. Section 40 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 525Committee on Judiciary
CHAPTER 713
AN ACT relating to education; providing conditions and procedures for the suspension or expulsion of pupils from public schools; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 392.030 is hereby amended to read as follows:
392.030 1. The board of trustees of a school district may [suspend or expel or any principal or administrator may suspend] authorize the suspension or expulsion of any pupil from any public school within the school district [any pupil who will not submit to reasonable and ordinary rules of order and discipline.] in accordance with rules and hearing procedures complying with requirements of due process of law.
2. No pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion pursuant to this section.
________
κ1975 Statutes of Nevada, Page 1472κ
Senate Bill No. 440Committee on Judiciary
CHAPTER 714
AN ACT to amend NRS 3.370, relating to court reporter fees; providing a salary for court reporters; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his or her services the official reporter or reporter pro tempore shall receive the following fees:
(a) For [reporting] being available to report civil and criminal testimony and proceedings [,] when the court is sitting, $50 per day, [which amount, when more than one case is reported in 1 day, must be apportioned by the court between the several cases.] to be paid by the county as provided in subsection 2.
(b) For transcription, 50 cents per folio for the original draft, and 10 cents per folio for each additional copy to the party ordering the original draft. For transcription for any party other than the party ordering the original draft, 15 cents per folio.
(c) For reporting all civil matters, in addition to the salary provided in paragraph (a), $8 for each hour or fraction thereof actually spent, but not more than $50 in any calendar day, to be taxed as costs pursuant to subsection 3. If the fees for any day computed according to the hourly rate would exceed $50, the fee to be taxed for each civil matter reported is that proportion of $50 which the time spent on that matter bore to the total time spent that day.
2. The fee specified in paragraph (a) of subsection 1 shall be paid out of the county treasury upon the order of the court. In criminal cases the fees [for reporting and] for transcripts ordered by the court to be made [must] shall be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his [or her] reasonable expenses for traveling and detention [must] shall be fixed and allowed by the court and paid in like manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to such official reporter in lieu of per diem; [in criminal cases;] the salary, and also actual traveling expenses in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by [criminal] work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees [for reporting] prescribed in paragraph (c) of subsection 1 and for transcripts ordered by the court to be made [must] shall be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof. In either case all amounts so paid by the party to whom costs are awarded [must] shall be taxed as costs in the case. The fees for transcripts and copies ordered by the parties [must] shall be paid by the party ordering the same. No reporter [must] may be required to perform any service in a civil case until his fees have been paid to him or her or deposited with the clerk of the court.
κ1975 Statutes of Nevada, Page 1473 (CHAPTER 714, SB 440)κ
may be required to perform any service in a civil case until his fees have been paid to him or her or deposited with the clerk of the court.
4. Where a transcript is ordered by the court or by any party, the fees for the same shall be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
5. The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.
________
Senate Bill No. 419Senator Raggio (by request)
CHAPTER 715
AN ACT to amend an act entitled An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved May 6, 1971, as amended.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3.020 of Article III of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1973, is hereby amended to read as follows:
Section 3.020 City manager: Duties; compensation.
1. The city manager shall be the chief executive and administrative officer of the city government. He shall be responsible to the city council for the proper administration of all affairs of the city. His duties and salary shall be fixed by the city council and he shall be reimbursed for all expenses incurred in the performance of his duties.
2. The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the city council.
3. He may designate an acting city manager to serve in his absence or, if he fails to do so, the city council may appoint an acting city manager.
4. No councilman shall be appointed as city manager during the term for which he was elected, or for 1 year thereafter.
5. The city manager shall appoint all officers and employees of the city and may remove for cause any officer or employee of the city except as may otherwise be provided in this charter. The city manager may authorize the head of a department or office to appoint or remove his subordinates. The appointment of a head of a department or office by the city manager shall not take effect until it has been confirmed by a majority vote of the members of the city council; and if a person so nominated is not confirmed, the city manager shall continue to submit nominations until a nominee is confirmed. The city council may, by a majority vote of all the members elected, remove for cause any head of a department or office.
κ1975 Statutes of Nevada, Page 1474 (CHAPTER 715, SB 419)κ
office. All provisions of this subsection relating to appointment and removal of officers and employees are subject to the civil service provisions of article 1X of this charter.
Sec. 2. Section 3.040 of Article III of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 880, is hereby amended to read as follows:
Section 3.040 City clerk: Duties; qualifications; salary.
1. The city clerk shall:
(a) Keep the corporate seal and all books and papers belonging to the city.
(b) Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and sign all licenses issued by the city. All licenses shall be in a form devised by the city clerk and approved by the city council.
(e) Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(f) Be the official collector of all business license fees and penalties of the city; and all moneys making up the city revenues, except general taxes and special assessments, shall be paid over to him.
2. The city clerk shall:
(a) Serve for a term of 4 years.
(b) Be a bona fide resident of the city for at least 1 year immediately preceding his appointment.
(c) Be a registered voter and a taxpayer on real property in the city.
(d) Be at least 21 years of age.
3. The city clerk shall have custody of all official records of the city. He shall be responsible to the city council for the proper discharge of his duties. His duties and salary shall be fixed by the city council and he shall be reimbursed for all expenses incurred in the performance of his duties.
4. The city clerk may, subject to the approval of the city council, appoint one chief deputy, who shall not be subject to the provisions of article IX of this charter. Such chief deputy [shall be authorized and empowered to] may administer oaths [.] and shall perform all the duties of the city clerk in the latters absence.
________
κ1975 Statutes of Nevada, Page 1475κ
Assembly Bill No. 100Assemblymen Bennett, Harmon, Vergiels, Chaney, Barengo, Murphy, Benkovich, Ford, Heaney, Coulter, Wagner, Jeffrey and Polish
CHAPTER 716
AN ACT relating to health care services; requiring public hospitals to render outpatient services to persons in need of such services; permitting certain minors to contract for health care services; providing conditions under which parental consent is not necessary; providing for notification to parents in certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 129.030 is hereby amended to read as follows:
129.030 1. [Notwithstanding any other provision of law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical care to himself, and his consent shall not be subject to disaffirmance because of minority. For the purposes of this subsection only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained.] A minor may give consent for the health care services provided in subsection 2 for herself or himself or for her or his child, if such minor is:
(a) Living separate and apart from her or his parents or legal guardian, with or without the consent of such parent, parents or legal guardian, for a period of at least four months;
(b) Married or has been married;
(c) A mother, or has borne a child; or
(d) In a physicians judgment, in danger of suffering a serious health hazard if health care services are not provided.
2. [Notwithstanding any other provision of law, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
to the furnishing of hospital, medical, surgical or health care for the treatment of drug abuse or related illness by any public or private hospital, any health and care facility or any licensed physician or surgeon, and his consent shall not be subject to disaffirmance because of minority. Immunity from civil or criminal liability extends to any person providing such care, in the absence of negligence in such care.
3. The consent of the parent or parents or the legal guardian of any minor described in subsections 1 and 2 shall not be necessary in order to authorize such hospital, medical or surgical care.] Except as otherwise provided in NRS 442.250, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it.
κ1975 Statutes of Nevada, Page 1476 (CHAPTER 716, AB 100)κ
proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.
3. A person who treats a minor pursuant to subsection 2 shall, prior to initiating treatment, make prudent and reasonable efforts to obtain the minors consent to contact the parent, parents or legal guardian of such minor, and shall make a note of such efforts in the minors health care record. If such person believes that such efforts would jeopardize treatment necessary to such minors life or necessary to avoid a serious and immediate threat to such minors health, such person may omit such efforts and note the reasons for such omission in the minors health care record.
4. Notwithstanding the provisions of subsection 2, a minor may not consent to her or his sterilization.
5. In the absence of negligence, no person providing health care services pursuant to subsection 2 shall be subject to civil or criminal liability for providing such services.
6. The parent, parents or legal guardian of a minor who receives health care services pursuant to subsection 2 shall not be liable for the payment for such health care services unless such parent, parents or legal guardian has consented to such health care services. The provisions of this subsection shall not relieve a parent, parents or legal guardian from liability for payment for emergency health care services provided to a minor pursuant to NRS 129.040.
Sec. 2. NRS 129.050 is hereby amended to read as follows:
129.050 1. Any [physician or surgeon or health and care facility licensed in this state may treat any minor for drug abuse and related illnesses without the consent of the parent or parents or legal guardian of the minor, if such minor:
(a) Is under the influence of a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug.
(b) States that he has been abusing controlled substances as defined by chapter 453 of NRS, or dangerous or hallucinogenic drugs and requests treatment.] minor who is under the influence of, or suspected of being under the influence of, a controlled substance as defined by chapter 453 of NRS, or a dangerous or hallucinogenic drug:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to consent,
to the furnishing of hospital, medical, surgical or health care for the treatment of drug abuse or related illnesses by any public or private hospital, health and care facility or any licensed physician or surgeon, and the consent of the minor is not subject to disaffirmance because of minority.
2. [Any physician or surgeon who treats a minor pursuant to subsection 1 shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian of the minor within a reasonable time after the treatment.
3.] Immunity from civil or criminal liability extends to any [such] physician or surgeon [rendering such treatment,] or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.
κ1975 Statutes of Nevada, Page 1477 (CHAPTER 716, AB 100)κ
3. The consent of the parent or parents or the legal guardian of the minor is not necessary to authorize such care, but any physician or surgeon who treats a minor pursuant to this section shall make every reasonable effort to report the fact of such treatment to the parent or parents or legal guardian within a reasonable time after treatment.
Sec. 3. NRS 433.665 is hereby amended to read as follows:
433.665 Any person may apply to any public or private hospital in the State of Nevada for outpatient services or for admission to such hospital as a voluntary patient for the purposes of observation, diagnosis, and care and treatment of a mental illness. Upon the request of any such person 18 years of age or over, or in the case of any person under 18 years of age, upon a request made by his spouse, parent or legal guardian [,] or upon his own request under the provisions of NRS 129.030 or 129.050, the administrator of a public hospital shall, if an examination by an admitting psychiatrist or physician at such public hospitals reveals the need for such hospitalization, and the administrator of a private hospital may, admit any such person as a voluntary patient to such hospital for observation, diagnosis, and care and treatment of a mental illness in accordance with the provisions of NRS 433.645 to 433.739, inclusive.
Sec. 4. NRS 433.667 is hereby amended to read as follows:
433.667 1. Any voluntary patient admitted to any hospital pursuant to NRS 433.665 who is 18 years of age or over is entitled at any time to obtain his release from such hospital by filing a written request with the chief of service. The chief of service shall, within a period of 48 hours after the receipt of any such request, release the voluntary patient making such request, unless proceedings for hospitalization under court order, pursuant to NRS 433.685 to 433.697, inclusive, have been initiated. In the case of any voluntary patient under the age of 18 years, the chief of service shall release such patient, according to the provisions of this section, upon the written request of his spouse, parent or legal guardian [.] or upon his own written request if he was admitted under the provisions of NRS 129.030 or 129.050.
2. The chief of service may release any voluntary patient hospitalized pursuant to NRS 433.665 whenever he determines that such patient has recovered or that his continued hospitalization is no longer beneficial to him or advisable. Release pursuant to this subsection is subject to the prior approval of the medical director of the mental health facility, if such person is hospitalized at the Nevada mental health institute, or at the Las Vegas mental health center.
________
κ1975 Statutes of Nevada, Page 1478κ
Senate Bill No. 412Committee on Government Affairs
CHAPTER 717
AN ACT relating to the compensation of public officers; increasing the salaries of certain district attorneys upon termination of private practice; providing additional compensation for ex officio attendance of county commissioners and members of the governing bodies of cities at meetings of other public entities and committees in certain counties; and providing other matters properly relating thereto.
[Approved May 26, 1975]
Whereas, Numerous public entities such as improvement districts, sanitation districts, boards of equalization and others require the attendance of county commissioners ex officio at regularly scheduled meetings; and
Whereas, The Urban County Law and the Metropolitan Cities Incorporation Law, if adopted by the 58th session of the legislature, will require the county commissioners and the members of the governing bodies of the counties and cities which will become organized thereunder to meet periodically, prior to the time such organization becomes effective, in order to implement the merger of services and functions provided for therein; and
Whereas, The travel time and meeting time therefor, particularly in heavily populated counties, impose a disproportionate additional burden upon such county commissioners and will, if the Urban County Law and the Metropolitan Cities Incorporation Law become effective, impose additional burdens upon the county commissioners and members of the governing bodies of such counties and cities; and
Whereas, Such public entities properly should bear their proportionate share of the cost of additional compensation for the attending county commissioners and the counties and cities which will become organized under the Urban County Law and the Metropolitan Cities Incorporation Law properly should compensate their county commissioners and members of their governing bodies, respectively, for attending the meetings of any local government consolidation committee created to implement the merger of services and functions provided for in those laws; now, therefor,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.
Sec. 1.3. 1. In each 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, county commissioners required ex officio to attend regularly scheduled meetings of other boards or committees, including any local government consolidation committee created to implement the merger of services and functions provided for in the Urban County Law and the Metropolitan Cities Incorporation Law, are entitled to additional compensation for such attendance.
2. Such additional compensation shall not exceed $50 per meeting or per calendar day, whichever is the lesser amount, and shall not exceed $500 in any calendar month.
κ1975 Statutes of Nevada, Page 1479 (CHAPTER 717, SB 412)κ
3. The various public entities requiring the commissioners presence at board or committee meetings shall include in their respective budgets the projected cost of such additional compensation and shall, on or before the 10th day of each month, pay to entitled commissioners any such additional compensation earned during the preceding month.
Sec. 1.6. On and after January 1, 1979, the district attorneys of Churchill County and Humboldt County shall receive annual salaries of $24,000 and are prohibited from engaging in the private practice of law. If, prior to January 1, 1979, the district attorney of Churchill County or Humboldt County certifies to the board of county commissioners of such county that he is not engaged in the private practice of law, the board shall increase his salary to $24,000 within 30 days of such certification.
Sec. 2. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. [The] Except as provided in section 3 of this act, the elected officers of the counties of this state shall receive annual salaries in the base amounts specified in [:
(a) Table 1 plus a special cost of living adjustment of 10 percent effective July 1, 1973, for service prior to January 6, 1975.
(b) Table 2 for service on and after January 6, 1975.] the following table. The annual salaries shall be in full payment for all services required by law to be performed by such officers [.] , except as provided in section 1.3 of this act. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties shall be paid into the county treasury each month without deduction of any nature.
Sec. 2.5. NRS 252.045 is hereby amended to read as follows:
252.045 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 except as provided in NRS 245.043 [.] and section 1.6 of this act. In any other county, the district attorney shall not engage in the private practice of law after July 1, 1975.
Sec. 3. The members of the governing body of the first city having a population of 75,000 or more situated in a county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, with respect to which:
1. The legislature has determined by special act that such city will become organized under the Metropolitan Cities Incorporation Law;
2. The governing body thereof has, by a vote of four-fifths of its entire membership, elected to become organized under the Metropolitan Cities Incorporation Law; or
3. The qualified electors thereof have elected to become organized under the Metropolitan Cities Incorporation Law;
who are required to attend regularly scheduled meetings of any local government consolidation committee created to implement the merger of services and functions provided for in the Metropolitan Cities Incorporation Law and the Urban County Law, are entitled to additional compensation from the city for such attendance.
κ1975 Statutes of Nevada, Page 1480 (CHAPTER 717, SB 412)κ
of services and functions provided for in the Metropolitan Cities Incorporation Law and the Urban County Law, are entitled to additional compensation from the city for such attendance. Such additional compensation shall not exceed $50 per meeting or per calendar day, whichever is the lesser amount, and shall not exceed $500 in any calendar month.
Sec. 4. The members of the special interim committee of the legislature created by section 168.5 of Senate Bill No. 601 of the 58th session of the legislature are entitled to compensation at the rate of $50 per meeting or $50 per calendar day, whichever is the lesser amount, but not more than $500 in any calendar month.
κ1975 Statutes of Nevada, Page 1481 (CHAPTER 717, SB 412)κ
[Table 1.
ANNUAL SALARIES PRIOR TO JANUARY 6, 1975
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District |
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County |
County |
County |
County |
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County |
Commissioner |
Attorney |
Sheriff |
Clerk |
Assessor |
Recorder |
Treasurer |
|
|
|
|
|
|
|
|
|
|
Class 1-Clark |
$8,400 |
$22,000 |
$25,000 |
$18,000 |
$18,000 |
$18,000 |
$18,000 |
|
Class 2-Washoe |
7,800 |
20,500 |
19,000 |
17,500 |
17,500 |
17,500 |
17,500 |
|
Class 3-Carson City |
4,500 |
14,600 |
14,000 |
14,000 |
14,000 |
14,000 |
.............. |
|
Elko |
4,500 |
14,000 |
15,000 |
14,000 |
14,500 |
14,000 |
14,000 |
|
Class 4-Douglas |
4,200 |
11,600 |
11,600 |
11,600 |
11,600 |
11,600 |
.............. |
|
Class 5-White Pine |
4,000 |
10,600 |
11,400 |
10,600 |
10,600 |
10,600 |
10,600 |
|
Class 6-Humboldt |
4,000 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
|
Lyon |
4,000 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
.............. |
|
Nye |
4,800 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
9,900 |
|
Class 7-Churchill |
3,900 |
9,600 |
9,600 |
9,600 |
9,600 |
9,600 |
.............. |
|
Mineral |
3,900 |
9,600 |
9,600 |
9,600 |
9,600 |
9,600 |
.............. |
|
Class 8-Pershing |
3,600 |
9,200 |
9,200 |
9,200 |
9,200 |
9,200 |
.............. |
|
Eureka |
3,600 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
.............. |
|
Lander |
3,600 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
|
Lincoln |
3,600 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
9,000 |
|
Class 9-Esmeralda |
3,000 |
8,400 |
8,400 |
8,400 |
8,400 |
8,400 |
.............. |
|
Storey |
3,000 |
8,400 |
8,400 |
8,400 |
8,400 |
8,400 |
.............. |
κ1975 Statutes of Nevada, Page 1482 (CHAPTER 717, SB 412)κ
Table 2.]
ANNUAL SALARIES [after January 6, 1975]
|
|
|
County |
District |
|
|
County |
County |
County |
County |
|
Class |
County |
Commissioner |
Attorney |
|
Sheriff |
Clerk |
Assessor |
Recorder |
Treasurer |
|
1 |
Clark..................... |
....... $12,000 |
$30,000* |
|
$30,000 |
23,000 |
$23,000 |
$23,000 |
$23,000 |
|
2 |
Washoe............... |
........... 9,000 |
29,000* |
|
25,000 |
22,000 |
22,000 |
22,000 |
22,000 |
|
3 |
Carson City......... |
........... 6,600 |
20,000 |
|
19,000 |
18,500 |
18,500 |
18,500 |
.............. |
|
|
Elko...................... |
........... 6,600 |
[17,000] |
24,000* |
17,000 |
17,000 |
17,000 |
17,000 |
17,000 |
|
|
Douglas............... |
........... 6,600 |
17,000 |
|
17,000 |
17,000 |
17,000 |
17,000 |
.............. |
|
4 |
Lyon..................... |
........... 6,000 |
15,000 |
|
15,000 |
14,500 |
14,500 |
14,500 |
.............. |
|
|
Mineral................ |
........... 6,000 |
16,000 |
|
15,000 |
14,500 |
14,500 |
14,500 |
.............. |
|
|
Nye....................... |
........... 6,000 |
17,000 |
|
16,000 |
14,500 |
14,500 |
14,500 |
14,500 |
|
|
White Pine.......... |
........... 6,000 |
15,000 |
|
15,000 |
14,500 |
14,500 |
14,500 |
14,500 |
|
|
Churchill.............. |
........... 6,000 |
14,500 |
|
14,500 |
14,500 |
14,500 |
14,500 |
.............. |
|
5 |
Humboldt............ |
........... 5,000 |
14,500 |
|
13,000 |
13,000 |
13,000 |
13,000 |
13,000 |
|
6 |
Lincoln................. |
........... 4,500 |
12,600 |
|
12,000 |
10,800 |
10,800 |
10,800 |
10,800 |
|
|
Storey.................. |
........... 4,500 |
12,600 |
|
12,600 |
10,800 |
10,800 |
10,800 |
.............. |
|
|
Eureka.................. |
........... 4,500 |
10,800 |
|
10,800 |
10,800 |
10,800 |
10,800 |
.............. |
|
|
Lander.................. |
........... 4,500 |
10,800 |
|
10,800 |
10,800 |
10,800 |
10,800 |
10,800 |
|
|
Pershing.............. |
........... 4,500 |
18,000* |
|
10,800 |
10,800 |
10,800 |
10,800 |
.............. |
|
|
Esmeralda............ |
........... 4,500 |
10,800 |
|
10,800 |
10,800 |
10,800 |
10,800 |
.............. |
*Private Practice Prohibited
________
κ1975 Statutes of Nevada, Page 1483κ
Senate Bill No. 391Committee on Judiciary
CHAPTER 718
AN ACT relating to birth certificates; prohibiting their procurement and possession to establish a false identity; prohibiting their use in the commission of public offenses; providing penalties; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person to obtain or possess the birth certificate of another for the purpose of establishing a false identity for himself or any other person.
2. Every person who has in his possession the birth certificate of another person without lawful reason for such possession or who uses the birth certificate of another in the commission of a misdemeanor, is guilty of a misdemeanor.
3. Every person who has in his possession two or more birth certificates of other persons without lawful reason for such possession or who uses the birth certificate of another person in the commission of a gross misdemeanor is guilty of a gross misdemeanor.
4. Every person who uses the birth certificate of another person to aid in the commission of a felony shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
5. The offenses described in this section are separate from the primary offense if any, and the unlawful possession of a birth certificate is a separate offense from its unlawful use.
________
Senate Bill No. 335Senators Close, Blakemore, Brown, Bryan, Dodge, Echols, Foote, Gibson, Gojack, Herr, Hilbrecht, Lamb, Monroe, Neal, Raggio, Schofield, Sheerin, Walker, Wilson and Young.
CHAPTER 719
AN ACT relating to elections; setting limits on campaign expenses of candidates for specified state, county and city offices; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in this chapter, campaign expenses means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenditures contracted for or made to further directly the campaign for election of the candidate during the periods:
κ1975 Statutes of Nevada, Page 1484 (CHAPTER 719, SB 335)κ
billboards, posters and in newspapers, and all other expenditures contracted for or made to further directly the campaign for election of the candidate during the periods:
1. Between the first day on which a certificate of candidacy may be filed and the primary election; and
2. Between the primary election and the general election.
Sec. 3. 1. In any primary or general election, the campaign expenses of a candidate for any of the following offices shall not exceed the greater of the amounts indicated for that office:
(a) Governor: $150,000 or 80 cents for each registered voter.
(b) Lieutenant governor, secretary of state, state treasurer, state controller, attorney general and justice of the supreme court: $75,000 or 40 cents for each registered voter.
(c) District judge: $10,000 or 80 cents for each registered voter.
(d) Justice of the peace and every elective city, county and township officer: $3,500 or 80 cents for each registered voter.
2. For the purposes of subsection 1, registered voter is limited to those registered voters who are eligible to vote for candidates for the office specified, as of the close of registration for that election.
3. Any candidate who willfully exceeds the limitations upon campaign expenses prescribed in this section is guilty of a gross misdemeanor.
Sec. 4. No person or group of persons, other than the candidate or his personal campaign committee, may make any expenditure, directly or indirectly, for political purposes for a candidate otherwise than through the candidate or his personal campaign committee, except for expenses incurred for hotel and traveling expenses and volunteer personal services.
Sec. 5. (Deleted by amendment.)
Sec. 6. (Deleted by amendment.)
Sec. 7. 1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons shall not accept, broadcast, disseminate, print or publish any advertisement during a political campaign for a candidate whose permissible campaign expenses are limited by this chapter unless the advertisement is authorized in writing by the candidate or by a member of his personal campaign committee designated in writing by the candidate. Any person who violates this subsection is guilty of a misdemeanor for each advertisement so broadcast, disseminated, printed or published.
2. Every person who accepts, broadcasts, disseminates, prints or publishes advertising on behalf of any candidate shall make available for inspection, at any reasonable time beginning at least 10 days before each primary or general election and ending at least 30 days after the election, information setting forth the cost of all advertisements accepted and broadcast, disseminated or published for each of the candidates who has, either personally or through his duly authorized representative, authorized the advertising.
3. For purposes of this section:
(a) The necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate, at the principal place of business of the enterprise.
κ1975 Statutes of Nevada, Page 1485 (CHAPTER 719, SB 335)κ
of the enterprise and arranged alphabetically by name of the candidate, at the principal place of business of the enterprise.
(b) The designation in writing by a candidate or a member of his personal campaign committee authorized to place advertising on his behalf continues until the newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons receives written notice of revocation of the authority.
Sec. 8. NRS 218.032 is hereby amended to read as follows:
218.032 1. [In any primary or general election,] For both the primary and general elections, the campaign expenses:
(a) Of any candidate for the office of state senator shall not exceed the greater of:
(1) [$15,000,] $20,000; 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.
(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 contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other [expenses intended] expenditures contracted for or made 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] Between the first day on which a certificate of candidacy may be filed and the primary election; and
(b) [After] Between the primary election and [up to] the general election.
3. Any candidate who knowingly and willfully exceeds the limitations upon campaign expenses prescribed in this section is guilty of a gross misdemeanor.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 218.038 is hereby amended to read as follows:
218.038 1. No newspaper, radio broadcasting station, outdoor advertising company, [or] television broadcasting station [shall] , direct mail advertising company, printer or other person or group of persons shall not accept, publish, [or] broadcast, disseminate or print 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] person who violates this section is guilty of a misdemeanor for each advertisement published, [or] broadcast, disseminated or printed 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:
κ1975 Statutes of Nevada, Page 1486 (CHAPTER 719, SB 335)κ
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 the 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.
Sec. 11. Section 3 of Assembly Bill 294 of the 58th session of the Nevada legislature is hereby amended to read as follows:
Section 3. 1. Every candidate for state, district, county, city or township office at a primary or general election shall, within 15 days after the primary election and 30 days after the general election, report his campaign expenses to the secretary of state on affidavit forms to be designed and provided by the secretary of state.
2. [As used in this section, campaign expenses means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenses intended to further directly the campaign for election of the candidate, and includes all costs incurred or funds expended with the knowledge of the candidate for such purposes during the periods:
(a) Up to the primary election; and
(b) After the primary election and up to the general election.
3.] Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 12. Section 5 of Assembly Bill 294 of the 58th session of the Nevada legislature is hereby amended to read as follows:
Section 5. If it appears to the secretary of state that the provisions of NRS 218.032, section 3 of Senate Bill 335 of the 58th session of the Nevada legislature or section 2 or 3 of this act have been violated, he shall report the alleged violation:
1. To the attorney general in the case of a candidate for an office which serves territory in more than one county; and
2. To the appropriate district attorney in the case of a candidate for an office which serves territory in only one county,
and the attorney general or district attorney to whom such report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.
Sec. 13. Sections 11 and 12 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1487κ
Senate Bill No. 320Committee on Judiciary
CHAPTER 720
AN ACT relating to equality of legal rights and obligations; providing equal legal rights in certain employment, rights as parents and rights before the courts; obligating all adults to assist peace officers under certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 199.420 is hereby amended to read as follows:
199.420 Every [male person, above 18 years of age,] person who has attained the age of 18 years who shall neglect or refuse to join the posse comitatus, or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or persons against whom there may be issued any process, or by neglecting to aid and assist in retaking any person or persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, shall be guilty of a misdemeanor.
Sec. 3. NRS 244.350 is hereby amended to read as follows:
244.350 1. The board of county commissioners and the sheriff of each county are empowered and commissioned, for the purposes of this section, to act jointly, without further compensation, as a liquor board, to grant or refuse liquor licenses, and to revoke such licenses whenever there is, in the judgment of a majority of the board, sufficient reason for such revocation.
2. It is hereby declared to be the power and duty of the liquor board in each of the several counties to enact ordinances:
(a) Regulating the sale of intoxicating liquors in their respective counties.
(b) Fixing the hours of each day during which liquor may be sold or disposed of.
(c) Prescribing the conditions under which liquor may be sold or disposed of.
(d) Prohibiting the employment or service of [females or] minors in the sale or disposition of liquor.
(e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or whereby the sale or disposition of liquor a disorderly house or place is maintained.
3. All liquor dealers within any incorporated city or town are to be exempt from the force and effect of this section, and are to be regulated only by the city government therein.
Sec. 4. NRS 610.160 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1488 (CHAPTER 720, SB 320)κ
610.160 1. No apprentice indenture under this chapter shall be effective until approved by the local joint apprenticeship committee and a copy of the same has been forwarded to the state apprenticeship council for review.
2. Every apprentice indenture shall be signed by the employer, or by an association of employers or an organization of employees acting as agent for an employer, as provide in NRS 610.150 and 610.170, and by the apprentice. If the apprentice is a minor, the apprentice indenture shall also be signed by: [the minors father. If the minors father is dead or legally incapable of giving consent, then the guardian of the minor shall sign the apprentice indenture.]
(a) Both parents, if such minor is living with both parents;
(b) The custodial parent, if such minor is living with only one parent; or
(c) Such minors legal guardian.
3. Where a minor enters into an apprentice indenture under this chapter for a period of training extending into his majority, the apprentice indenture shall likewise be binding for such a period as may be covered during the apprentices majority.
Sec. 5. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Senate Bill No. 133Committee on Judiciary
CHAPTER 721
AN ACT relating to members of the Nevada National Guard; fixing responsibility for the cost of counsel to defend members in any civil and criminal actions for acts in the discharge of official duties or omissions to perform such duties; adding to the purposes of the reserve for statutory contingency fund; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 412.154 is hereby amended to read as follows:
412.154 1. Members of the Nevada National Guard ordered into active service of the state pursuant to this chapter are not liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by him in his official capacity in the discharge of any duty under this chapter, or an alleged omission by him to do an act which it was his duty to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by him pursuant to law, the defendant:
(a) May have counsel of his own selection [; or] , with the cost of such counsel to be borne by the defendant; or
(b) Shall be defended by the attorney general in civil actions and by the state judge advocate in criminal actions [; and] , with the cost of such counsel to be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel shall be borne by the defendant; and
κ1975 Statutes of Nevada, Page 1489 (CHAPTER 721, SB 133)κ
such counsel to be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel shall be borne by the defendant; and
(c) May require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein.
2. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his costs.
3. No member of the Nevada National Guard shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.
Sec. 2. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 353.120, [and] 353.262 [;] and 412.154; and
(b) The payment of claims which are obligations of the state under NRS 7.260, 176.215, 177.345, 179.225 and 213.153, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.
Sec. 3. Section 1 of chapter 368, Statutes of Nevada 1975, is hereby amended to read as follows:
Section 1. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 353.120, 353.262 and 412.154; and
(b) The payment of claims which are obligations of the state under NRS 7.260, 176.215, 177.345, 179.225, [and] 213.153 [,] and subsection 4 of 361.055, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1490κ
Assembly Bill No. 628Committee on Legislative Functions
CHAPTER 722
AN ACT relating to the compensation of legislatures; revising statutory provisions relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.210 is hereby amended to read as follows:
218.210 [1. Each senator and assemblyman elected prior to November 7, 1972, or appointed to succeed a senator or assemblyman elected prior to November 7, 1972, shall receive as compensation $40 per day for each day of service, but the total amount paid shall not exceed the sum of $2,400 at any regular session or the sum of $800 at any special session.
2.] Each senator and assemblyman elected on and after November 7, 1972, or appointed to succeed a senator or assemblyman elected on and after November 7, 1972, shall receive as compensation $60 per day for each day of service: [, but the total amount paid shall not exceed the sum of $3,600 at any regular session or the sum of 1,200 at any special session.]
1. During any regular session, for the number of days the legislature is in session or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
2. During any special session, for the number of days the legislature in in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
________
Senate Bill No. 225Senators Echols, Neal and Walker
CHAPTER 723
AN ACT to amend NRS 244.647, relating to the county fair and recreation board in any county having a population of 200,000 or more, by changing the composition of the board; and providing other matters properly relating thereto.
[Approved May 26, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 244.647 is hereby amended to read as follows:
244.647 1. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board shall consist of [nine] ten members selected as follows:
κ1975 Statutes of Nevada, Page 1491 (CHAPTER 723, SB 225)κ
(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 from their own number.
(c) One member by the governing body of the second largest incorporated city in the county from their own number.
(d) One member by the governing body of one of the other incorporated cities in the county from their own number.
[(d)] (e) Four members to be appointed by the members selected pursuant to paragraphs (a), (b), [and] (c) [.] and (d). 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)] (d) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years 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. Upon the expiration of the terms of those members appointed pursuant to paragraph [(d)] (e) of subsection 1, on January 1, 1974, four new members shall be appointed as provided in that paragraph as follows:
(a) Two members shall be appointed for 2-year terms.
(b) Two members shall be appointed for 1-year terms.
Thereafter all members shall be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business shall be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a), [and] (b) and (c) of subsection 1 shall be coterminous with their terms of office. Any such member may succeed himself.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1492κ
Assembly Bill No. 29Assemblymen Mann, Mello, Lowman, Wittenberg, Dreyer, Demers, Vergiels, Bennett, Bremner, Chaney, Sena, Polish and Schofield
CHAPTER 724
AN ACT relating to dairy products and substitutes; altering the composition and duties of the state dairy commission; providing for an executive director of the commission to be in the unclassified service of the state; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 584.410 is hereby amended to read as follows:
584.410 The purposes of NRS 584.325 to 584.690, inclusive, are:
1. To provide funds for administration and enforcement of NRS 584.325 to 584.690, inclusive, by assessments to be paid by producers of fluid milk or fluid cream or both, and from licenses issued to distributors in the manner prescribed herein.
2. To authorize and enable the commission to prescribe marketing areas and to fix prices at which fluid milk or fluid cream, or both, may be sold by producers, distributors and retailers, which areas and prices are necessary due to varying factors of costs of production, health regulations, transportation and other factors in the marketing areas of this state; but the price of fluid milk or fluid cream within any marketing area shall be uniform for all purchasers of fluid milk or fluid cream of similar grade or quality under like terms and conditions.
3. To authorize and enable the commission to formulate stabilization and marketing plans subject to the limitations [herein] prescribed in NRS 584.325 to 584.690, inclusive, with respect to the contents of such stabilization and marketing plans and declare such plans in effect for any marketing area.
4. To enable the dairy industry with the aid of the state to correct existing evils, develop and maintain satisfactory marketing conditions and bring about a reasonable amount of stability and prosperity in the production and marketing of fluid milk or fluid cream.
Sec. 2. NRS 584.420 is hereby amended to read as follows:
584.420 1. There is hereby created the state dairy commission of the State of Nevada in which shall be vested the administration of the provisions of NRS 584.325 to 584.690, inclusive.
2. The commission shall consist of [nine] eight members appointed by the governor. The members shall select a chairman from among their number.
Sec. 2.5. NRS 584.425 is hereby amended to read as follows:
584.425 [The members] 1. Except as provided in subsection 2, each member of the commission shall serve [at the pleasure of the governor; but no appointment shall extend beyond a period of 4 years from the date of expiration of the preceding appointment.] for a term of 4 years.
2. As soon as convenient after July 1, 1975, the governor shall appoint:
(a) Two members whose terms expire June 30, 1976;
κ1975 Statutes of Nevada, Page 1493 (CHAPTER 724, AB 29)κ
(b) Two members whose terms expire June 30, 1977;
(c) Two members whose terms expire June 30, 1978; and
(d) Two members whose terms expire June 30, 1979.
One consumer member shall be appointed into each of these classes, and the two producer members shall be appointed into different classes.
3. Any vacancy shall be filled by appointment for the unexpired term.
Sec. 3. NRS 584.430 is hereby amended to read as follows:
584.430 [Two members of the commission shall be producers, one member shall be a distributor, and one member shall be a producer-distributor, two members shall be operators of retail stores and three members shall be persons representing the consuming public who have no connection with producers, distributors, producer-distributors, or the retail stores.] The composition of the commission shall be as follows:
1. Two members shall be producers;
2. One member shall be a distributor;
3. One member shall be an operator of a retail store; and
4. Four members shall be persons chosen from the consuming public who have no connection with producers, distributors, producer-distributors or the retail stores, as follows:
(a) One representative from a business employing no more than 10 persons;
(b) One representative from a nonprofit consumer organization;
(c) One representative from the Nevada Parent Teacher Association; and
(d) One representative from the public at large.
Sec. 4. NRS 584.435 is hereby amended to read as follows:
584.435 [Continued absence from meetings of the commission may constitute] Absence from two consecutive meetings of the commission constitutes good and sufficient cause for removal of a member by the governor.
Sec. 4.5. NRS 584.455 is hereby amended to read as follows:
584.455 1. The commission, with the approval of the governor, shall appoint an executive director, who shall serve ex officio as its secretary. The commission may arrange and classify its work and may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of NRS 584.325 to 584.690, inclusive, prescribe their duties and fix their salaries in accordance with classifications made by the [state department of] personnel [.] division of the department of administration.
2. The executive director shall be in the unclassified service of the state. All assistants, deputies, agents, experts and other employees shall be [subject] in the classified service pursuant to the provisions of chapter 284 of NRS.
3. The executive director may be removed by a vote of six members of the commission. The commission need not seek the approval of the governor prior to removing the executive director.
Sec. 5. NRS 584.470 is hereby amended to read as follows:
584.470 1. For the purposes of NRS 584.325 to 584.690, inclusive, the commission [shall have power to] may hold hearings, administer oaths, certify to official acts, take depositions, issue subpenas, [and] summon witnesses and examine the books and records of any producer, distributor or retailer.
κ1975 Statutes of Nevada, Page 1494 (CHAPTER 724, AB 29)κ
distributor or retailer. Such an examination may be made at any reasonable time or place by the commission or any agent of the commission.
2. The district court for the county in which any investigation is being conducted by the commission may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the commission.
3. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the commission may report to the district court for the county in which the investigation is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the commission in the investigation named in the subpena, or has refused to answer questions propounded to him in the course of such investigation,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the commission.
4. The court, upon petition of the commission, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended to testified or produced the books or papers before the commission. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpena was regularly issued by the commission, the court shall thereupon enter an order that the witness appear before the commission at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 6. (There is no section 6.)
Sec. 7. NRS 584.570 is hereby amended to read as follows:
584.570 1. No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2 of this section, whether or not a stabilization and marketing plan is in effect in the area in which he carries on his business.
2. Each stabilization and marketing plan shall contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices [hereinafter] set forth [:] in this subsection:
(a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
(b) The giving of any milk, cream, dairy products, services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
(c) The extension to certain customers of special prices or services not made available to all customer who purchase fluid milk or fluid cream or like quantity under like terms and conditions.
κ1975 Statutes of Nevada, Page 1495 (CHAPTER 724, AB 29)κ
(d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with such producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of such milk to be paid for as class 1 in pounds of milk or pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract shall also state the date and method of payment for such fluid milk, which shall be that payment shall be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation if hauled by the distributor, and may contain such other provisions as are not in conflict with NRS 584.325 to 584.690, inclusive, and shall contain a proviso to the effect that the producer shall not be obligated to deliver in any calendar month fluid milk to be paid for at the minimum price for fluid milk that is used for class 3, as that class is defined in NRS 584.490. A signed copy of such contract shall be filed by the distributor with the commission within 5 days from the date of its execution. The provisions of this subsection relating to dates of payment [shall] do not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
Sec. 8. NRS 584.583 is hereby amended to read as follows:
584.583 1. No distributor or retailer may sell fluid milk, fluid cream, butter or fresh dairy byproducts below cost. Fresh dairy byproducts includes but is not limited to the following items: buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese; and does not necessarily define the class of fluid milk or fluid cream which is used to make such products.
2. In determining cost in the case of a [manufacturing] distributor [,] who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts, the following factors [shall be] are included, but cost [shall] is not necessarily [be] limited to such factors:
(a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.
(b) Cost of production.
(c) Reasonable return upon capital investment.
(d) Producer transportation costs.
(e) Cost of compliance with health regulations.
(f) Overhead cost of handling based on a percentage of overall plant and sales operating cost.
3. In determining cost in the case of a peddler-distributor or retailer, the following factors [shall be] are included, but cost [shall] is not necessarily [be] limited to such factors:
(a) Purchase price of product.
(b) Overhead cost for handling.
(c) Reasonable return upon capital investment.
4. Each [manufacturing] distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts shall file with the commission a statement of costs, listing separately the items set forth in subsection 2 of this section and any other applicable cost factors.
κ1975 Statutes of Nevada, Page 1496 (CHAPTER 724, AB 29)κ
subsection 2 of this section and any other applicable cost factors. Such statements shall be kept current by supplement under regulations promulgated by the commission. All such statements shall be kept confidential by the commission except when used in judicial proceedings or administrative proceedings under NRS 584.325 to 584.690, inclusive.
5. Each [manufacturing] distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts of each peddler-distributor shall file with the commission a list of wholesale, retail and distributor or dock prices. No such distributor shall sell at prices other than those contained in such list, except in the case of bids to departments or agencies of federal, state and local governments; but in no case shall the distributor sell below cost as provided in this section. Prices shall not become effective until the seventh day after filing, but any other distributor may meet such price so filed if such other distributor files with the commission a schedule of prices in the manner required by NRS 584.584.
[6. The commission or any agent of the commission may examine, at any reasonable time and place, the books and records of any manufacturing distributor or peddler-distributor relating to cost and prices.]
Sec. 9. NRS 584.650 is hereby amended to read as follows:
584.650 Every distributor who purchases fluid milk or fluid cream from a producer and every producer cooperative organization which handles milk for its members or other producers shall make and keep for 1 year a correct record showing in detail the following information for each producer with reference to the handling, sale or storage of such fluid milk or fluid cream:
1. The name and address of the producer.
2. The date the fluid milk or fluid cream was received.
3. The amount of fluid milk or fluid cream received.
4. The official butterfat test of the fluid milk or fluid cream if purchased on a butterfat basis.
5. The usage of the fluid milk or fluid cream.
6. Evidence of payment for the fluid milk or fluid cream purchased [,] or handled.
Sec. 10. NRS 584.665 is hereby amended to read as follows:
584.665 In addition to the compilation of information pertaining to fluid milk and fluid cream from the reports required by NRS 584.325 to 584.690, inclusive, the commission shall collect, assemble, compile, and distribute statistical data relative to fluid milk, fluid cream, other milk and milk products, and such other information as may relate to the dairy industry and the provisions of NRS 584.325 to 584.690, inclusive. For purposes of this section the commission may require such information as it deems necessary from distributors, producers, cooperative associations of producers, retailers and others who are engaged in the production, sale, distribution, handling or transportation of fluid milk, fluid cream or other dairy products.
Sec. 11. (There is no section 11.)
Sec. 12. Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. 1. Any petition requesting a hearing for the amendment of a stabilization and marketing plan shall be filed in ten copies and include:
κ1975 Statutes of Nevada, Page 1497 (CHAPTER 724, AB 29)κ
(a) The name and address of every person joining in the petition. If the petitioner is a cooperative association of producers, a partnership or corporation the names of the duly authorized representative or representatives thereof shall be listed.
(b) A concise statement of the specific relief requested.
(c) A specific statement of the reasons why such relief is needed.
(d) A statement of the substantiating evidence.
2. The petition shall be signed by the petitioners and an affidavit shall accompany each such petition setting forth that the facts set forth therein are true and correct to the best of the petitioners knowledge, information, and belief.
3. There shall be attached as an exhibit to the original copy only of each petition filed substantiating evidence in support of such petition. Additional information shall be supplied to the commission upon request.
4. Any person may, before the hearing, examine a copy of the petition and accompanying statements, but not the exhibits attached thereto and file an answer, protest or any other statement concerning the petition, and may appear at the hearing to give evidence in support of or in protest of the petition.
5. Additional copies of the petition must be available for distribution at the scheduled hearing.
6. At least 20 days before the date set for the hearing, the secretary shall mail a notice of the date and a copy of the petition to each member of the commission.
Sec. 14. It is unlawful for any distributor or retailer to manipulate the prices of fluid milk, fluid cream, butter or fresh dairy byproducts for the purpose of injuring, harassing or destroying competition.
Sec. 15. The terms of office of all members of the state dairy commission incumbent on July 1, 1975, expire on that date.
Sec. 16. The legislative commission shall make a comprehensive study of the problems confronting the dairy industry in Nevada and the related effects upon the consuming public, including:
1. The handling and transportation of fluid milk and other dairy products as these affect marketing areas in Nevada;
2. Operating procedures and efficiency of producers, distributors and retailers in the dairy industry; and
3. The obligations of the dairy industry to the people of Nevada, and report the results of its study and recommend any appropriate legislation to the 59th session of the legislature.
________
κ1975 Statutes of Nevada, Page 1498κ
Assembly Bill No. 24Committee on Education
CHAPTER 725
AN ACT relating to private elementary, secondary and postsecondary educational institutions and establishments; providing for the regulation of elementary, secondary, and postsecondary educational institutions and their agents in the State of Nevada; creating the commission on postsecondary institutional authorization; assigning powers and duties to the agencies; establishing procedures to be followed prior to the granting, denial or revocation of a license or permit; regulating the granting of academic degrees and the naming of institutions; providing civil remedies; providing penalties; making an appropriation; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 66, inclusive, of this act.
Sec. 2. As used in this chapter, the words and terms in sections 3 to 23, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Administrator means the administrator of the commission on postsecondary institutional organization.
Sec. 4. Agent means any natural person owning an interest in, employed by or representing for remuneration a private elementary, secondary or postsecondary educational institution within or outside this state, or who holds himself out to residents of this state as representing an elementary, secondary or postsecondary educational institution for any purpose.
Sec. 5. Agents permit means a nontransferable written authorization issued to a natural person by the board or commission which allows that person to solicit or enroll any resident of this state for education in a private elementary, secondary or postsecondary educational institution.
Sec. 5.5. Board means the state board of education.
Sec. 6. Commission means the commission on postsecondary institutional authorization.
Sec. 7. Commissioner means any member of the commission on postsecondary institutional authorization except the administrator.
Sec. 8. Department means the state department of education.
Sec. 9. Document of indebtedness means any contract, note, instrument or other evidence of indebtedness entered into by a resident of this state and a private elementary, secondary or postsecondary educational institution, its agent or lending agency specifying the terms of payment for educational services to be provided by any private elementary, secondary or postsecondary educational institution.
Sec. 10. Education or educational services includes any class, course or program of training, instruction or study.
Sec. 11. Educational credentials means degrees, diplomas, certificates, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers or words which signify, purport to signify or are generally taken to signify enrollment, attendance, progress or satisfactory completion of the requirements or prerequisites for education at a private elementary, secondary or postsecondary educational institution.
κ1975 Statutes of Nevada, Page 1499 (CHAPTER 725, AB 24)κ
for education at a private elementary, secondary or postsecondary educational institution.
Sec. 12. Elementary and secondary educational institutions includes any academic, vocational, technical, home study, business or other school or other person offering educational credentials, diplomas or certificates, or offering instruction or educational services. This term includes all grades between kindergarten and twelfth grade.
Sec. 13. Entity includes any company, firm, society, association, partnership, corporation and trust.
Sec. 14. Grant includes awarding, selling, conferring, bestowing or giving.
Sec. 15. Lending agency means:
1. Any private elementary, secondary or postsecondary educational institution;
2. Any person controlling, controlled by or held in common ownership with an elementary, secondary or postsecondary institution; or
3. Any person regularly loaning money to such an educational institution or its students.
Sec. 16. License means the written authorization of the board or commission to operate or to contract to operate a private elementary, secondary or postsecondary educational institution.
Sec. 17. Offer includes, in addition to its usual meanings, advertising, publicizing, soliciting or encouraging any person, directly or indirectly in any form, to perform the act described.
Sec. 18. Operate means to establish or maintain any facility in this state from or through which education or educational credentials are offered or granted, and includes contracting with any person, group or entity for the purpose of providing education or educational credentials.
Sec. 19. Ownership means ownership of a controlling interest in a private elementary, secondary or postsecondary educational institution or ownership of a controlling interest in the legal entity owning or controlling the institution.
Sec. 20. Person includes a company, partnership, association, corporation or other entity as well as a natural person.
Sec. 21. Postsecondary education means the education or educational services offered to persons who have completed or terminated their elementary and secondary education or who are beyond the age of compulsory school attendance for the attainment of academic, professional or vocational objectives.
Sec. 22. Postsecondary educational institution means an academic, vocational, technical, home study, business, professional or other school, college or university, or any person offering educational credentials or educational services, but does not include any institution established or maintained under the laws of this state, another state or the Federal Government at the public expense. It includes all school grades above the twelfth grade.
Sec. 23. Private schools means private elementary and secondary educational institutions.
Sec. 24. It is the policy of this state to encourage and enable its citizens to receive an education commensurate with their respective talents and desires.
κ1975 Statutes of Nevada, Page 1500 (CHAPTER 725, AB 24)κ
talents and desires. The legislature recognizes that privately owned institutions offering elementary, secondary and postsecondary education and vocational and professional instruction perform a necessary service to the citizens of this state. It is the purpose of this chapter to provide for the protection, education and welfare of the citizens of the State of Nevada, its educational, vocational and professional institutions, and its students, by:
1. Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive or fraudulent institutions and practices;
2. Prohibiting the granting of false or misleading educational credentials;
3. Regulating the use of academic terminology in naming or otherwise designating educational institutions;
4. Prohibiting misleading literature, advertising, solicitation or representation by educational institutions or their agents;
5. Providing for the preservation of essential academic records; and
6. Providing certain rights and remedies to the consuming public and the commission and the board necessary to effectuate the purposes of this chapter.
Sec. 25. Sections 25 to 40, inclusive, of this act, may be cited as the Private Elementary and Secondary Education Authorization Act.
Sec. 26. The following educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:
1. Institutions exclusively offering instruction at any level of postsecondary education.
2. Institutions maintained by the state or any of its political subdivisions and supported by public funds.
3. Institutions exclusively offering religious or sectarian studies.
4. Institutions licensed under the provisions of the Postsecondary Education Authorization Act.
5. Institutions operated by or under the direct administrative supervision of the Federal Government.
6. Institutions or individuals offering instruction to four or fewer students in a 24-hour day or to 24 or fewer students during any calendar year.
7. Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, which instruction is not operated for profit.
8. Institutions offering instruction solely in avocational and recreational areas.
9. Institutions or school systems in operation prior to July 1, 1975, as to courses of study approved by the board pursuant to NRS 394.130; but such institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after such date. The official literature of an institution or school system describing the nature and purpose of an institution or school system as of Jun 30, 1975, is prima facie evidence of such nature and purpose on such date for the purposes of this chapter.
κ1975 Statutes of Nevada, Page 1501 (CHAPTER 725, AB 24)κ
Sec. 27. 1. The department, under the direction and control of the board, shall administer the provisions of the Private Elementary and Secondary Education Authorization Act in addition to any other duties prescribed by law.
2. The department, with the approval of the board, shall:
(a) Establish minimum criteria, in conformity with section 29 of this act, which applicants for a license or agents permit shall meet before a license or permit is issued. The criteria shall be sufficient to effectuate the purposes of the Private Elementary and Secondary Education Authorization Act but not unreasonably hinder legitimate educational innovation.
(b) Receive, investigate as necessary and act upon applications for licenses and agents permits.
(c) Maintain a list of agents and private elementary and secondary education institutions authorized to operate in this state. The list shall be available for the information of the public.
(d) Receive, and maintain as a permanent file, copies of academic records in conformity with section 40 of this act.
(e) In conformity with the Nevada Administrative Procedure Act, promulgate regulations and procedures necessary for the conduct of its work and the implementation of the Private Elementary and Secondary Education Authorization Act, which regulations shall have the force of law; and hold such hearings as are advisable or required in developing regulations and procedures, or in aid of any investigation or inquiry.
Sec. 28. The department, with the approval of the board, may:
1. Request from any other department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable the department to exercise properly its powers and perform its duties under the Private Elementary and Secondary Education Authorization Act.
2. Negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in the judgment of the department such agreements are or will be helpful in effectuating the purposes of the Private Elementary and Secondary Education Authorization Act, but nothing contained in any such reciprocity agreement may limit the departments powers, duties and responsibilities independently to investigate or act upon any application for a license to operate or any application for renewal of a license to operate an elementary or secondary educational institution, or an application for issuance or renewal of any agents permit, or to enforce any provision of the Private Elementary and Secondary Education Authorization Act, or any regulations promulgated under it.
3. Investigate, on its own initiative or in response to any complaint lodged with it, any person subject to, or reasonably believed by the department to be subject to, its jurisdiction, and in connection with an investigation:
(a) Subpena any persons, books, records or documents pertaining to the investigation;
(b) Require answers in writing under oath to questions propounded by the department; and
(c) Administer an oath or affirmation to any person.
κ1975 Statutes of Nevada, Page 1502 (CHAPTER 725, AB 24)κ
A subpena issued by the department may be enforced by any district court of this state.
4. Exercise other powers implied but not enumerated in this section but in conformity with the provisions of the Private Elementary and Secondary Education Authorization Act which are necessary in order to carry out the provisions of that act.
Sec. 29. 1. An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:
(a) The quality and content of each course of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.
(b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.
(c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably insure that the students will receive education consistent with the objectives of the course or program of study.
(d) The institution provides students and other interested persons with a catalog or brochure containing information describing the grades or programs offered, program objectives, length of school year or program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution as are reasonably likely to affect the decision of the parents or student to enroll in the institution, together with any other disclosures specified by the department or defined in its regulations and that the information is provided to parents or prospective students prior to enrollment.
(e) Upon satisfactory completion of training or instruction, the student is given appropriate educational credentials by the institution indicating that the course of instruction or study has been satisfactorily completed by the student.
(f) Adequate records are maintained by the institution to show attendance, progress and performance.
(g) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including regulations adopted relative to the safety and health of all persons upon the premises.
(h) The institution is financially sound and capable of fulfilling its commitments.
(i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.
(j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.
(k) The student housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.
(l) The institution has a fair and equitable cancellation and refund policy.
κ1975 Statutes of Nevada, Page 1503 (CHAPTER 725, AB 24)κ
2. Accreditation by natural or regional accrediting agencies recognized by the United States Office of Education may be accepted by the board as evidence of compliance with the minimum standards established under this section. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by such agency if the institution as a whole is not accredited.
Sec. 30. It is unlawful for any person, alone or in concert with others, to:
1. Operate in this state an elementary or secondary educational institution not exempted from the provisions of the Private Elementary and Secondary Education Authorization Act, unless the institution has a currently valid license to operate.
2. Offer, as or through an agent, enrollment or instruction in, or educational credentials from, an elementary or secondary educational institution not exempted from the provisions of the Private Elementary and Secondary Education Authorization Act, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid agents permit, except that the department may, with the approval of the board, adopt regulations to permit a person to disseminate legitimate public information without a permit.
3. Instruct or educate, or offer to instruct or educate (including advertising or soliciting for such purpose), enroll or offer to enroll, or contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless such person complies with the minimum standards set forth in section 29 of this act and the regulations adopted by the board.
4. Use the terms kindergarten, elementary, middle school, junior high school, high school or secondary without authorization to do so from the board.
5. Grant, or offer to grant, educational credentials, without a license to operate from the board.
Sec. 31. 1. Each elementary or secondary educational institution desiring to operate in this state shall apply to the department upon forms to be provided by the department. The application shall be accompanied by a catalog or brochure published or proposed to be published by the institution, containing the information specified in paragraph (d) of subsection 1 of section 29 of this act, including information required by regulations of the board. The application shall also be accompanied by evidence of the required surety bond and payment of the fees as specified in section 39 of this act.
2. After receipt of the application and any further information required by the board, and an investigation of the applicant if the board considers it necessary, the board shall either grant or deny a license to operate to the applicant.
3. The license shall state in clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the license.
(b) The correct name and address of the institution licensed to operate.
κ1975 Statutes of Nevada, Page 1504 (CHAPTER 725, AB 24)κ
(c) The authority for approval and conditions of operation.
(d) Any limitation of the authorization, as considered necessary by the board.
4. The term for which authorization is given shall not exceed 2 years. A provisional license may be issued for a shorter period of time if the board finds that the applicant has not fully complied with the standards established under section 29 of this act.
5. The license shall be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institutions license shall terminate. Application for a new license by reason of change in ownership of the institution is, for purposes of section 33 of this act, an application for renewal of the institutions license.
6. At least 60 days prior to the expiration of a license, the institution shall complete and file with the department an application form for renewal of its license. The renewal application shall be reviewed and acted upon as provided in this section.
7. An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the board, and thereafter its authority to operate is governed by the action of the department.
Sec. 32. 1. Each person desiring to solicit or perform the services of an agent in this state shall apply to the department upon forms provided by the department. The application shall be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the department, and shall state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agents permit for each institution represented, except that when an agent represents institutions having a common ownership only one agents permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application shall be accompanied by the information required of institutions making application for a license. The application for an agents permit shall also be accompanied by evidence of a surety bond and payment of fees required by section 39 of this act.
2. After review of the application and any further information submitted by the applicant as required by the board, and any investigation of the applicant which the board considers appropriate, the board shall grant or deny an agents permit to the applicant.
3. The agents permit shall state in a clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the permit.
(b) The correct name and address of the agent.
(c) The institutions which the agent is authorized to represent.
4. An agents permit shall not be issued for a term of more than 1 year.
5. At least 30 days prior to the expiration of an agents permit, the agent shall complete and file with the department an application for renewal of the permit.
κ1975 Statutes of Nevada, Page 1505 (CHAPTER 725, AB 24)κ
agent shall complete and file with the department an application for renewal of the permit. The renewal application shall be reviewed and acted upon as provided in this section.
Sec. 33. 1. If the board, upon review and consideration of an application for a license or for an agents permit, or a renewal of a license or agents permit, determines that the applicant fails to meet the criteria for granting the application, the board shall notify the applicant by certified mail setting forth the reasons for the denial of the application.
2. The department may grant to an applicant for renewal an extension of time to eliminate the reasons recited in the denial letter if:
(a) The applicant has demonstrated to the department its or his desire to meet the criteria; and
(b) The department reasonably believes that the applicant can correct the deficiencies within the extension period.
3. If the board denies an application for an agents permit, or an application for renewal, it shall notify the institution which the agent represented or sought to represent, setting forth the reasons for the denial in accordance with the departments records.
Sec. 34. 1. Any person aggrieved by a decision of the board denying a license to operate or an agents permit, or the placement of conditions on the license to operate or agents permit, is entitled to a hearing before the board if the aggrieved person submits a written request for a hearing within 10 days from receipt of the boards letter of denial. If no request is submitted within the prescribed period the decision is final.
2. The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act.
3. The decision of the board is final unless the applicant seeks judicial review.
Sec. 35. 1. A license to operate or an agents permit may be revoked or made conditional after its issuance if the department reasonably believes that the holder of the license or permit has violated the Private Elementary and Secondary Education Authorization Act or any regulations promulgated under it. Prior to the revocation or imposition of conditions, the department shall notify the holder by certified mail of facts or conduct which warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days of receipt of the departments notice letter. The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act.
2. If no hearing is requested within the 10-day period, or after a hearing before the board, the decision of the agency is final unless judicially reviewed.
3. If an agents permit is revoked or conditions imposed, the department shall, by certified mail, notify the institutions which the agent represented in addition to the agent and any other parties to any hearing.
Sec. 36. 1. Any person claiming damage either individually or as a representative of a class of complainants as a result of any act by an elementary or secondary educational institution or its agent, or both, which is a violation of the Private Elementary and Secondary Education Authorization Act or regulations promulgated under that act, may file with the department a verified complaint against the institution, its agent or both.
κ1975 Statutes of Nevada, Page 1506 (CHAPTER 725, AB 24)κ
department a verified complaint against the institution, its agent or both. The complaint shall set forth the alleged violation and contain other information as required by the board. A complaint may also be filed with the board by the superintendent of public instruction or the attorney general.
2. The department shall investigate any verified complaint and may, at its discretion, attempt to effectuate a settlement by persuasion and conciliation. The department may consider a complaint after 10 days written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.
3. If, after consideration of all evidence presented at a hearing, the board finds that an elementary or secondary educational institution or its agent, or both, has engaged in any act which violates the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, the board shall issue and serve upon the institution or agent or both, an order to cease and desist from such act. The board may also, as appropriate, based on its own investigation or the evidence adduced at the hearing, or both, institute an action to revoke an institutions license or an agents permit.
Sec. 37. 1. Any person aggrieved or adversely affected by any final board action, or by any penalty imposed by the board, may obtain judicial review in accordance with the Nevada Administrative Procedure Act.
2. If the board determines that irreparable injury would result from the implementation of its decision, it shall postpone the effective date of its action pending judicial review, or the reviewing court may order a stay as provided in the Nevada Administrative Procedure Act.
Sec. 38. 1. At the time application is made for an agents permit, a license to operate or a license renewal, the department shall require the elementary or secondary educational institution making the application to file with the department a good and sufficient surety bond in the sum of not less than $5,000. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be made payable to the State of Nevada and be conditioned to provide indemnification to any student, enrollee or his parent or guardian determined to have suffered damage as a result of any act by any elementary or secondary educational institution or their agent which is a violation of the Private Elementary and Secondary Education Authorization Act, and the bonding company shall pay any final, nonappealable judgment of any court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety shall not exceed the penal sum of the bond.
2. The surety bond to be filed in accordance with this section shall cover the period of the license or the agents permit, as appropriate, except when a surety is released.
3. A surety on any bond filed under this section may be released after the surety gives 30 days written notice to the department, but the release shall not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the elementary or secondary educational institution or agent which is alleged to have occurred while the bond was in effect, nor for an institutions closing operations during the term for which tuition had been paid while the bond was in force.
κ1975 Statutes of Nevada, Page 1507 (CHAPTER 725, AB 24)κ
the elementary or secondary educational institution or agent which is alleged to have occurred while the bond was in effect, nor for an institutions closing operations during the term for which tuition had been paid while the bond was in force.
4. A license or an agents permit shall be suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section; but the department shall give the institution or agent, or both, at least 30 days written notice prior to the release of the surety that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
Sec. 39. All fees collected pursuant to the provisions of the Private Elementary and Secondary Education Authorization Act shall be deposited in the state treasury to the credit of the general fund, and no fees so collected are subject to refund. The fees to be collected by the department shall accompany an application for a license to operate or an agents permit, in accordance with the following schedule:
1. The initial application fee for an elementary or secondary educational institution is $50.
2. The renewal fee for an elementary or secondary educational institution is $50.
3. The initial fee for an agents permit is $5.
4. The renewal fee for an agents permit is $5.
Sec. 40. 1. If any elementary or secondary educational institution operating in this state proposes to discontinue its operation, the chief administrative officer of the institution, by whatever title designated, shall file with the department original or true copies of all academic records of the institution as specified by the department. The records shall include, as a minimum, academic information customarily required by schools when considering students for transfer or advanced study; and, as a separate document, the academic record of each former student.
2. If it appears to the department that academic records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid or otherwise made unavailable to the department, the department may seek a court order permitting the seizure of such records.
3. The department shall maintain a permanent file of records coming into its possession.
Sec. 41. Sections 41 to 61, inclusive, of this act may be cited as the Postsecondary Educational Authorization Act.
Sec. 42. The following kinds of education and institutions are exempted from the provisions of the Postsecondary Educational Authorization Act:
1. Institutions exclusively offering instruction at any level from preschool through the twelfth grade.
2. Education sponsored by a bona fide trade, business, professional or fraternal organization, so recognized by the commission solely for the organizations membership, or offered on a no-fee basis.
3. Education solely avocational or recreational in nature, as determined by the commission, and institutions offering such education exclusively.
4. Education offered by eleemosynary institutions, organizations or agencies, so recognized by the commission, if such education is not advertised or promoted as leading toward educational credentials.
κ1975 Statutes of Nevada, Page 1508 (CHAPTER 725, AB 24)κ
agencies, so recognized by the commission, if such education is not advertised or promoted as leading toward educational credentials.
5. Postsecondary educational institutions established, operated and governed by this state or its political subdivisions.
6. Schools licensed under other provisions of Nevada law.
7. Flying schools certificated by the Federal Aviation Administration.
Sec. 43. The administrator shall administer the provisions of the Postsecondary Educational Authorization Act, subject to the direction and control of the commission. The commission shall approve all regulations pursuant to this act.
Sec. 43.5. The commission shall operate as an independent commission directly responsible to the governor, but it may contract with the department to obtain fiscal accounting services and office space.
Sec. 44. 1. The commission consists of seven members to be appointed by the governor. The term of office of each commissioner is for 4 years, except that the initial appointments shall be as follows:
(a) Two for 2 years;
(b) Two for 3 years; and
(c) Three for 4 years.
2. The members of the commission shall serve without compensation, but are entitled to receive the per diem allowances and travel expenses provided by law.
Sec. 45. 1. The commission shall include the following persons:
(a) One representative of the state board of education.
(b) Two persons knowledgeable in the field of education, but not persons representing postsecondary educational institutions, or colleges established or maintained under the laws of this state.
(c) Two persons representing private postsecondary educational institutions.
(d) Two persons from the public at large who are not associated with the field of education.
2. The commission shall designate a chairman. The administrator shall be the executive secretary. The commission shall meet at least four times each year at such places and times as shall be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Four members of the commission constitutes a quorum which may exercise all the authority conferred upon the commission.
3. Appointments to fill vacancies on the commission caused by death, resignation or inability of a commissioner to perform his duties shall be for the unexpired term of the commissioner to be replaced.
4. Any commissioner may be removed by the governor if, in his opinion, the commissioner is guilty of malfeasance in office or neglect of duty.
Sec. 46. The administrator, with the approval of the commission, shall:
1. Establish minimum criteria in conformity with section 50 of this act, including quality of education, ethical and business practices, health and safety, and fiscal responsibility, which applicants for a license to operate, or for an agents permit, shall meet before the license or permit may be issued and to continue the license or permit in effect.
κ1975 Statutes of Nevada, Page 1509 (CHAPTER 725, AB 24)κ
may be issued and to continue the license or permit in effect. The criteria to be developed shall be sufficient to effectuate the purposes of the Postsecondary Educational Authorization Act, but not unreasonably hinder legitimate education innovation.
2. Receive, investigate as necessary, and act upon applications for a license to operate postsecondary educational institutions and applications for agents permits.
3. Maintain a list of postsecondary educational institutions licensed and agents permitted to operate in this state. The list shall be available for the information of the public.
4. Receive and maintain as a permanent file, copies of academic records in conformity with section 61 of this act.
5. In conformity with the Nevada Administrative Procedure Act, promulgate regulations and procedures necessary for the conduct of its work and the implementation of the Postsecondary Educational Authorization Act, which regulations shall have the force of law; and hold such hearings as are advisable or required in developing regulations and procedures, or in aid of any investigation or inquiry.
6. Direct the technical and administrative activities of the commission.
7. Perform any lawful acts considered necessary or desirable to carry out the provisions and purposes of the Postsecondary Educational Authorization Act.
Sec. 47. The administrator, with the approval of the commission, may:
1. Negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in the judgment of the commission the agreements are or will be helpful in effectuating the purposes of the Postsecondary Educational Authorization Act, but nothing contained in any reciprocity agreement may limit the commissions powers, duties and responsibilities independently to investigate or act upon an application for a license to operate a postsecondary educational institution, or an application for issuance or renewal of an agents permit, or with respect to the enforcement of any provision of the Postsecondary Educational Authorization Act, or any regulation promulgated under it.
2. Investigate, on the commissions own initiative or in response to any complaint lodged with it, any person subject to, or reasonably believed by the commission to be subject to, its jurisdiction and in connection with an investigation:
(a) Subpena any persons, books, records or documents pertaining to the investigation;
(b) Require answers in writing under oath to questions propounded by the commission; and
(c) Administer an oath or affirmation to any person.
A subpena issued by the commission may be enforced by any district court of this state.
3. Exercise other powers implied but not enumerated in this section but in conformity with the provisions of the Postsecondary Educational Authorization Act which are necessary in order to carry out the provisions of that act.
κ1975 Statutes of Nevada, Page 1510 (CHAPTER 725, AB 24)κ
Sec. 48. (There is no section 48.)
Sec. 49. The administrator may request from any department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide, any information which it possesses that will enable the commission to exercise properly its powers and perform its duties under the Postsecondary Educational Authorization Act.
Sec. 50. 1. A postsecondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:
(a) The quality and content of each course or program of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.
(b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.
(c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably insure that the students will receive education consistent with the objectives of the course or program of study.
(d) The institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and other material facts concerning the institution and the program of course of instruction as are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the commission or defined in the regulations and that the information is provided to prospective students prior to enrollment.
(e) Upon satisfactory completion of training, the student is given appropriate educational credentials by the institution, indicating that the course of instruction or study has been satisfactorily completed by the student.
(f) Adequate records and standards are maintained by the institution to reflect attendance, progress and performance.
(g) The institution is maintained and operated in compliance with all pertinent local ordinances and state laws, including regulations adopted pursuant thereto, relative to the safety and health of all persons upon the premises.
(h) The institution is financially sound and capable of fulfilling its commitments to students.
(i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.
(j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.
(k) The student housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.
(l) The institution has a fair and equitable cancellation and refund policy which shall provide students who cancel their enrollments during the first 25 percent of the course with a refund equal to 50 percent of the total tuition fee, or a proportionate amount of such total fee if the withdrawing student has not paid the total fee.
κ1975 Statutes of Nevada, Page 1511 (CHAPTER 725, AB 24)κ
first 25 percent of the course with a refund equal to 50 percent of the total tuition fee, or a proportionate amount of such total fee if the withdrawing student has not paid the total fee. Such institutions may, but shall not be required to, refund a greater percentage of the tuition fee or provide refunds for students who withdraw after completing more than the first 25 percent of the course.
(m) In the case of a degree-granting institution, that it complies with the requirements of section 3 of Assembly Bill 54 of the 58th session of the Nevada legislature.
2. Accreditation by national or regional accrediting agencies recognized by the United States Office of Education may be accepted by the commission as evidence of compliance with the minimum standards established under subsection 1, or the commission may require further evidence and make further investigation as in its judgment may be necessary. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.
Sec. 51. It is unlawful for any person, alone or in concert with others, to:
1. Operate in this state a postsecondary educational institution not exempted from the provisions of the Postsecondary Educational Authorization Act, unless the institution has a currently valid license to operate.
2. Offer, as or through an agent enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from the provisions of the Postsecondary Educational Authorization Act, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid permit, except that the commission may promulgate regulations to permit the rendering of legitimate public information services without a permit.
3. Instruct or educate, or offer to instruct or educate (including advertising or soliciting for such purpose), enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any act in this state, whether the person is located within or outside this state, unless such person complies with the minimum standards set forth in section 50 of this act, and regulations adopted by the commission.
4. Use the term university or college without authorization from the commission.
5. Grant, or offer to grant, educational credentials without a license from the commission.
Sec. 52. 1. Each postsecondary educational institution desiring to operate in this state shall apply to the commission, upon forms to be provided by the commission. The application shall be accompanied by a catalog or brochure published or proposed to be published by the institution containing the information specified in paragraph (d) of subsection 1 of section 50 of this act, including information required by regulations of the commission. The application shall also be accompanied by evidence of the surety bond and payment of fees specified in section 60 of this act.
κ1975 Statutes of Nevada, Page 1512 (CHAPTER 725, AB 24)κ
2. After review of the application and any other information required by the commission and an investigation of the applicant, if necessary, the commission shall grant or deny a license to the applicant.
3. The license shall state in clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the license.
(b) The correct name and address of the institution.
(c) The authority for approval and conditions of operation.
(d) Any limitation considered necessary by the commission.
4. The term for which the license is given shall not exceed 2 years. A provisional license may be issued for a shorter period of time if the commission finds that the applicant has not fully complied with the standards established under section 50 of this act.
5. The license to operate shall be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license and if it fails to do so, the institutions license shall terminate. Application for a new license by reason of change in ownership of the institution is, for purposes of section 54 of this act, an application for a license renewal.
6. At least 60 days prior to the expiration of a license to operate, the institution shall complete and file with the commission an application form for renewal of its license. The renewal application shall be reviewed and acted upon as provided in this section.
7. An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the commission, and thereafter its authority to operate is governed by the action of the commission.
Sec. 53. 1. Each person desiring to solicit or perform the services of an agent in this state shall apply to the commission upon forms provided by the commission. The application shall be accompanied by evidence of the good reputation and character of the applicant, in a form prescribed by the commission, and shall state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agents permit for each institution represented, except that when an agent represents institutions having a common ownership, only one agents permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application shall be accompanied by the information required of institutions making application for a license. The application for an agents permit shall also be accompanied by evidence of a surety bond as required by this act, and payment of the fees required by section 60 of this act.
2. After review of the application and other information submitted by the applicant, as required by the commission, and any investigation of the applicant which the administrator considers appropriate, the commission shall grant or deny an agents permit to the applicant.
κ1975 Statutes of Nevada, Page 1513 (CHAPTER 725, AB 24)κ
3. The agents permit shall state in a clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the permit.
(b) The correct name and address of the agent.
(c) The institutions which the agent is authorized to represent.
4. An agents permit shall not be issued for a term of more than 1 year.
5. At least 30 days prior to the expiration of an agents permit, the agent shall complete and file with the commission an application for renewal of the permit. The renewal application shall be reviewed and acted upon as provided in this section.
Sec. 54. 1. If the commission, upon review and consideration of an application for a license to operate, or for an agents permit, or for renewal of a license or agents permit, determines that the applicant fails to meet the criteria for granting the application, the commission shall notify the applicant by certified mail, setting forth the reasons for the denial of the application.
2. The commission may grant to an applicant for renewal an extension of time to eliminate the reasons recited in the denial letter if:
(a) The applicant has demonstrated to the commission its or his desire to meet the criteria; and
(b) The commission reasonably believes that the applicant can correct the deficiencies within the extension period.
3. If the commission denies an application for a license or permit, or application for renewal, it shall notify the institution which the agent represented or sought to represent, setting forth the reasons for the denial in accordance with the commissions records.
Sec. 55. 1. Any person aggrieved by a decision of the commission denying a license or an agents permit, or the placement of conditions on the license or agents permit, is entitled to a hearing before the commission, if the aggrieved person submits a written request for a hearing within 10 days from the receipt of the commissions letter of denial. If no request is submitted within the prescribed period the decision is final.
2. The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act. After a hearing, the decision of the commission is final unless judicially reviewed.
Sec. 56. 1. A license or an agents permit may be revoked or made conditional after its issuance if the commission reasonably believes that the holder of the license or permit has violated the Postsecondary Educational Authorization Act or regulations promulgated hereunder. Prior to revocation or imposition of conditions, the commission shall notify the holder by certified mail of the impending action, setting forth the basis for the commissions actions and advising the holder that if a hearing is desired it must be requested within 10 days of receipt of the commissions notice letter. If no hearing is requested within the prescribed period the commissions decision is final. The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act.
2. If an agents permit is revoked or conditions imposed, the commission shall notify, by certified mail, the institution which the agent represented in addition to the agent and any other parties to any hearing.
κ1975 Statutes of Nevada, Page 1514 (CHAPTER 725, AB 24)κ
Sec. 57. 1. Any person claiming damage, either individually or as a representative of a class of complainants, as a result of any act by a postsecondary educational institution or its agent, or both, which is a violation of the Postsecondary Educational Authorization Act or regulations promulgated under that act, may file with the commission a verified complaint against the institution, its agent or both. The complaint shall set forth the alleged violation and contain other information as required by the commission. A complaint may also be filed by a commissioner or the attorney general with the commission.
2. The commission shall investigate any verified complaint and may, at its discretion, attempt to effectuate a settlement by persuasion and conciliation. The commission may consider a complaint after 10 days written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.
3. If, after consideration of all the evidence presented at a hearing, the commission finds that a postsecondary educational institution or its agent, or both, has engaged in any act which violates the Postsecondary Educational Authorization Act or the regulations promulgated under that act, the commission shall issue and serve upon the institution or agent, or both, an order to cease and desist from such act. The commission may also, as appropriate, based on its own investigation and the evidence adduced at the hearing, or either of them, institute an action to revoke an institutions license or an agents permit.
Sec. 58. 1. Any person aggrieved or adversely affected by any final commission action, or by any penalty imposed by the commission, may obtain judicial review in accordance with the provisions of the Nevada Administrative Procedure Act.
2. If the commission determines that irreparable injury would result from the implementation of its decision, it shall postpone the effective date of its action pending review, or the reviewing court may order a stay as provided in the Nevada Administrative Procedure Act.
Sec. 59. 1. At the time application is made for an agents permit, a license to operate or for a license renewal, the commission shall require the postsecondary educational institution making the application to file with the commission a surety bond in the sum of not less than $5,000. The bond shall be executed by the applicant as principal and by a surety company as surety. The bond shall be payable to the State of Nevada and shall be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by a final judgment to have suffered damage as a result of any act by the postsecondary educational institution which is a violation of the Postsecondary Educational Authorization Act. The bonding company shall provide the indemnification upon receipt of written notice of such judgment. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety shall not exceed the penal sum of the bond.
2. The surety bond to be filed in accordance with this section shall cover the period of the license to operate or the agents permit, as appropriate, except when a surety is released.
3. A surety or any bond filed under this section may be released after the surety gives 30 days written notice to the commission, but the release shall not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary institution or agent alleged to have occurred while the bond was in effect, nor for an institutions ceasing operations during the term for which tuition has been paid while the bond was in force.
κ1975 Statutes of Nevada, Page 1515 (CHAPTER 725, AB 24)κ
enrollee or his parent or guardian for damage resulting from any act of the postsecondary institution or agent alleged to have occurred while the bond was in effect, nor for an institutions ceasing operations during the term for which tuition has been paid while the bond was in force.
4. A license or an agents permit shall be suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section; but the commission shall give the institution or agent, or both, at least 30 days written notice prior to the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
Sec. 60. All fees collected pursuant to the provisions of the Postsecondary Educational Authorization Act shall be deposited in the state treasury to the credit of the general fund, and no fees so collected are subject to refund. The fees to be collected by the commission shall accompany an application for a license to operate or an agents permit, in accordance with the following schedule:
1. The initial application fee for postsecondary educational institutions is $50.
2. The renewal fee for a postsecondary educational institution is $50.
3. The initial fee for an agents permit is $5.
4. The renewal fee for an agents permit is $5.
Sec. 61. If any postsecondary educational institution operating in this state proposes to discontinue its operation, the chief administrative officer of the institution shall file with the commission original or true copies of all academic records of the institution specified by the commission. The records shall include, as a minimum, academic information customarily required by colleges when considering students for transfer or advanced study; and, as a separate document, the academic record of each former student. If it appears to the commission that academic records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid or otherwise made unavailable to the commission, the commission may seek a court order permitting the seizure of such records. The commission shall maintain a file of records in its possession.
Sec. 62. 1. If the person to whom an elementary, secondary or postsecondary educational institution is to provide educational services is a resident of this state at the time any contract, instrument or document of indebtedness relating to payment for the services is entered into, the provisions of this section shall govern the rights of the parties in regard to the documents of indebtedness. Any of the following agreements entered into in connection with the giving of a document of indebtedness is invalid:
(a) That the law of another state shall apply;
(b) That the maker or any person liable on such contract or other document of indebtedness consents to the jurisdiction of another state;
(c) That another person is authorized to confess judgment on such contract or evidence of indebtedness;
(d) That fixes venue.
2. A document of indebtedness relating to payment for education or educational services is not enforcible in the courts of this state by any elementary, secondary or postsecondary educational institution operating in this state or with an agent operating in this state unless:
κ1975 Statutes of Nevada, Page 1516 (CHAPTER 725, AB 24)κ
(a) The educational institution has received a license to operate; and
(b) Each agent operating in this state had an agents permit.
3. Any lending institution extending credit to any person for tuition, fees or any other charges of an elementary, secondary or postsecondary educational institution for educational services to be rendered by the institution shall conspicuously mark on the face of any document of indebtedness taken in connection with the extension of credit student loan. If the lending agency fails to do so, the lending agency is liable for any damage incurred by any subsequent assignee, transferee or holder of the document on account of the absence of the notation.
4. Whether or not the notation student loan appears on the document of indebtedness, and notwithstanding any agreement to the contrary, the lending agency extending credit and any transferee, assignee or holder of the document of indebtedness are subject to all defenses and claims which may be asserted against the elementary, secondary or postsecondary educational institution which was to render the educational services, by any person that was a party to the document of indebtedness or the person to whom the educational services were to be rendered to the extent of the unpaid portion of the indebtedness.
Sec. 63. 1. Any elementary, secondary or postsecondary educational institution not exempt from the provisions of this chapter, whether or not a resident of or having a place of business in this state, which instructs or educates, or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract, to provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or which offers to award or awards any educational credentials to a resident of this state, submits the institution, and, if a natural person his personal representative, to the jurisdiction of the courts of this state, concerning any cause of action arising from violation of any section of this chapter.
2. Service of process upon any institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by the Nevada Rules of Civil Procedure, with the same effect as if the summons had been personally served within this state.
3. This section does not limit the right to serve any process as prescribed by the Nevada Rules of Civil Procedure.
Sec. 64. 1. The attorney general or the district attorney of any county in which an elementary, secondary or postsecondary educational institution or an agent of such an educational institution is found, at the request of the commission or board or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of the provisions of this chapter.
2. If it appears to the commission or board that any person is violating or is about to violate any of the provisions of this chapter or any of its lawful regulations or orders, the commission or board may, on its own motion or on the written complaint of any person, file an action for injunction in the name of the commission or board in any court of competent jurisdiction in this state against the person, group or entity, for the purpose of enjoining such violation or for an order directing compliance with the provisions of this chapter, and all regulations and orders promulgated pursuant to this chapter.
κ1975 Statutes of Nevada, Page 1517 (CHAPTER 725, AB 24)κ
purpose of enjoining such violation or for an order directing compliance with the provisions of this chapter, and all regulations and orders promulgated pursuant to this chapter.
3. The right of injunction provided in this section is in addition to any other legal remedy which the commission or board has, and is in addition to any right of criminal prosecution provided by law; but the commission or board shall not obtain a temporary restraining order without notice to the person affected.
4. The existence of a pending commission or board action with respect to alleged violations of this chapter shall not operate as a bar to an action for injunctive relief pursuant to this section.
Sec. 65. Any person or any owner, officer, agent or employee of an elementary, secondary or postsecondary educational institution who willfully fails or refuses to deposit with the commission or board the records required by sections 40 or 61 of this act, is guilty of a misdemeanor. Each days failure to comply with the provisions of such sections is a separate offense.
Sec. 66. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
Sec. 67. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.020. The qualification bona fide is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The board of regents may fix a tuition charge for students at all campuses of the University of Nevada System, but tuition shall be free to:
(a) All students whose families are bona fide residents of the State of Nevada; and
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months prior to their matriculation at the university; and
(c) All public school teachers who are employed full time by school districts in the State of Nevada; and
(d) All full-time teachers in private [schools] elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of [NRS 394.130.] chapter 394 of NRS.
3. In its discretion, the board of regents may grant tuitions free each university semester to worthwhile and deserving students from other states and foreign counties, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 68. NRS 394.010, 394.020, 394.030, 394.040, 394.050, 394.060, 394.070, 394.080, 394.090, 394.100, 394.110, 394.120, 394.200, 394.210, 394.220, 394.230, 394.240, 394.250, 394.260, 394.270, 394.380, 394.390, 394.395, 394.400, 394.410 and 394.420 are hereby repealed.
κ1975 Statutes of Nevada, Page 1518 (CHAPTER 725, AB 24)κ
394.210, 394.220, 394.230, 394.240, 394.250, 394.260, 394.270, 394.380, 394.390, 394.395, 394.400, 394.410 and 394.420 are hereby repealed.
Sec. 69. There is hereby appropriated from the general fund in the state treasury to the commission on postsecondary educational authorization for the purpose of implementing the provisions of sections 41 to 61 of this act:
1. For the fiscal year beginning July 1, 1975 and ending June 30, 1976, the sum of $30,000.
2. For the fiscal year beginning July 1, 1976 and ending June 30, 1977, the sum of $54,000.
________
Assembly Bill No. 166Committee on Ways and Means
CHAPTER 726
AN ACT to amend an act entitled An Act appropriating $135,000 for participation of the state in construction of a new sewage disposal plant for the city of Carson City; providing for the distribution of operation and maintenance costs; providing a procedure for the determination of the costs to be borne by the state; and providing other matters properly relating thereto, approved April 7, 1959.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 503, Statutes of Nevada 1959, at page 907, is hereby amended to read as follows:
Section 2. 1. Upon completion of a new sewage disposal plant in [the city of] Carson City, the superintendent of buildings and grounds shall enter into a contract with the board of [trustees of the city] supervisors of Carson City to pay annually the proportionate share of the state in the operation and maintenance of the [sewage] sewerage system of such city.
2. The state department of health shall determine annually [, upon the basis that] as of July 1 the number of plumbing fixture units in the Nevada state prison and in state-owned buildings which were existing or under construction on July 1, 1975, in [the city of] Carson City [bears to the total number of plumbing fixture units connected to such sewer system, the proportionate share to be paid by the state for the operation and maintenance of the sewage system of the city of Carson City.] , utilizing Table 10-1 of the Uniform Plumbing Code then in effect in Carson City. The states portion of the costs incurred in the operation and maintenance of the Carson City sewerage system for the fiscal year beginning July 1, 1974, shall be determined by charging $2.10 per plumbing fixture unit.
________
κ1975 Statutes of Nevada, Page 1519κ
Assembly Bill No. 447Committee on Judiciary
CHAPTER 727
AN ACT relating to notaries public; transferring power to appoint and commission notaries public to the secretary of state; making appropriations; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 240.010 is hereby amended to read as follows:
240.010 [The governor is empowered to appoint and commission notaries public without limit in and for the several counties in this state, in any number in which applications may be made to him.] 1. The secretary of state may appoint and commission notaries public in this state.
2. The secretary of state may not appoint and commission as a notary public any person who submits an application containing any substantial and material misstatement or omission of fact.
Sec. 2. NRS 240.020 is hereby amended to read as follows:
240.020 [The term of office of a notary public shall be 4 years.] Notaries public may perform notarial acts in any part of this state for a term of 4 years, unless sooner removed.
Sec. 3. NRS 240.160 is hereby amended to read as follows:
240.160 The [governor] secretary of state may at any time, for cause, revoke the commission of a notary public.
Sec. 4. There is hereby appropriated from the general fund in the state treasury, for the fiscal periods July 1, 1975, to June 30, 1976, and from July 1, 1976, to June 30, 1977, the sums of $9,000 and $8,500, respectively, to the secretary of state for the purpose of implementing the provisions of this act.
Sec. 5. NRS 240.050 is hereby repealed.
________
Assembly Bill No. 559Assemblymen Demers, Vergiels, Hickey, Benkovich, Schofield, Price and Getto
CHAPTER 728
AN ACT relating to the interception of wire and oral communications; broadening the requirements for disclosure and reporting; imposing additional requirements upon emergency interceptions; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 216 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission shall, on or before April 30 of each year, compile a report which provides a summary and analysis of all reports submitted to the commission pursuant to NRS 179.515.
κ1975 Statutes of Nevada, Page 1520 (CHAPTER 728, AB 559)κ
to the commission pursuant to NRS 179.515. Such report shall be open to inspection by the general public.
Sec. 2. NRS 179.460 is hereby amended to read as follows:
179.460 1. The attorney general or the district attorney of any county may apply to a supreme court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and such judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide evidence of the commission of murder, kidnaping, robbery, extortion, bribery, destruction of public property by explosives, or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.
2. A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought [under NRS 179.410 to 179.515, inclusive.] against the public utility on account of any interception made pursuant to the order.
Sec. 3. NRS 179.495 is hereby amended to read as follows:
179.495 1. Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the director of the commission on crimes, delinquency and corrections, persons named in the order and [such] any other parties to intercepted communications, [as the judge may determine in his discretion that is in the interest of justice,] an inventory which shall include notice of:
(a) The fact of the entry and a copy of the order.
(b) The fact that during the period wire or oral communications were or were not intercepted.
The inventory filed with the commission on crimes, delinquency and corrections pursuant to this section shall be deemed confidential and shall not be released for inspection unless subpenaed by a court of competent jurisdiction.
2. The judge, upon [the filing of a motion, may in his discretion] receipt of a written request from any person who was a party to an intercepted communication or from such persons attorney, shall make available to such person or his counsel [such] those portions of the intercepted communications [and the application as the judge determines to be in the interest of justice.] which contains his conversation. On an ex parte showing of good cause to a district court judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.
Sec. 4. NRS 179.515 is hereby amended to read as follows:
179.515 1. In January of each year, the attorney general and the district attorney of each county shall report to [:
1. The] the Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519. A copy of such report shall be filed with the commission on crimes, delinquency and corrections. In the case of a joint application by the attorney general and a district attorney both shall make the report.
κ1975 Statutes of Nevada, Page 1521 (CHAPTER 728, AB 559)κ
[2. The public service commission of Nevada the number of applications for orders authorizing the interception of wire or oral communications and the number of orders and extensions granted and denied during the preceding calendar year.]
2. Every justice of the supreme court or district court judge who signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the commission on crimes, delinquency and corrections on forms furnished by the commission a report containing the same information required to be reported pursuant to 18 U.S.C. § 2519. Such report shall also indicate whether a party to an intercepted wire communication had consented to such interception.
3. The willful failure of any officer to report any information known to him which is required to be reported pursuant to subsections 1 or 2 constitutes malfeasance in office and, in such cases, the secretary of state shall, when the wrong becomes known to him, instigate legal proceedings for the removal of that officer.
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Assembly Bill No. 787Assemblyman Barengo
CHAPTER 729
AN ACT relating to libel and slander; revising certain time limitation for making demand for correction of slanderous or libelous statement.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 41.336 is hereby amended to read as follows:
41.336 1. In any action for damages for the publication of a libel in a newspaper, or of a slander by radio or television broadcast, the plaintiff may recover no more than special damages unless a correction is demanded by the plaintiff and not published or broadcast.
2. A demand for correction shall be in writing and shall be served upon the newspaper or broadcaster at its place of business. Such demand shall specify the statements claimed to be libelous or slanderous and shall demand a correction.
3. Such demand for correction must be served within [20] 90 days after the plaintiff has knowledge of the publication or broadcast of the statements claimed to be libelous or slanderous.
________
κ1975 Statutes of Nevada, Page 1522κ
Assembly Bill No. 581Assemblymen Demers, Jacobsen, Vergiels, Jeffrey and Banner
CHAPTER 730
AN ACT relating to elections; providing for punchcard voting systems; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Title 24 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 83, inclusive, of this act.
Sec. 2. The purpose of this chapter is to provide a system whereby at any election and in any precinct to which the provisions of this chapter are applicable the vote of each voter for each candidate and on each measure may be indicated by punching or slotting a single card or a number of cards which are so designed and constructed that they may be counted by automatic mechanical or electrical devices or electronic computers so that the vote for each candidate and on each measure in the precinct is determined.
Sec. 3. As used in this chapter, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Ballot card means a ballot which, by reference to a ballot page assembly or a sample ballot, is voted by the process of punching chips out of the card.
Sec. 5. Ballot page assembly means a page or pages upon which are printed the names of candidates and the statements of measures to be voted on by punching a ballot card.
Sec. 6. Clerk means the county clerk or other officer having charge of elections in any county or city in this state.
Sec. 7. Header card or precinct identification header card means an information control card used in a counting device or computer to enable the counting device or computer to tabulate votes according to precinct.
Sec. 8. Punchcard vote recording device means a device to which a ballot page assembly may be affixed and into which a ballot card may be inserted and which is designed and constructed so that the vote for any candidate or for and against any measure may be indicated by punching the ballot card with reference to the ballot page assembly.
Sec. 9. Punchcard voting system means a system of voting whereby voters may cast their ballots by punching ballot cards and whereby such ballot cards are subsequently counted on an electronic tabulator, counting device or computer.
Sec. 10. At all statewide, county, city and district elections of any kind held in this state, ballots or votes may be cast, registered, recorded and counted by means of punchcard voting systems.
Sec. 11. The provisions of all state laws relating to elections and of any city charter or ordinance not inconsistent with the provisions of this chapter apply to all elections in districts or precincts where punchcard vote recording devices are used and to all elections where punchcard ballots are counted at a central counting place.
κ1975 Statutes of Nevada, Page 1523 (CHAPTER 730, AB 581)κ
vote recording devices are used and to all elections where punchcard ballots are counted at a central counting place.
Sec. 12. Any provision of law or of any city charter or ordinance which conflicts with the provisions of this chapter shall not apply to the districts or precincts in which punchcard vote recording devices are used, nor to conduct at a central counting place. All acts, parts of acts, city charters or ordinances, in conflict with any of the provisions of this chapter are of no force or effect in election districts or precincts where punchcard vote recording devices are used, nor with respect to conduct at a central counting place.
Sec. 13. A punchcard voting system shall secure to the voter secrecy in the act of voting.
Sec. 14. A punchcard vote recording device shall provide facilities for voting for the candidates of as many political parties or organizations as may make nominations, and for or against measures.
Sec. 15. A punchcard voting system shall permit the voter to vote for any person for any office for which he has the right to vote, but none other, or indicate a nonconfidence vote.
Sec. 16. A punchcard voting system shall, except at primary elections, permit the voter to vote for all candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.
Sec. 17. A punchcard voting system shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more. If a voter casts more votes for an office than he is lawfully entitled, the counting device or electronic computer shall be programmed so that no such votes are counted. The remainder of such voters ballot shall be counted if it is otherwise lawfully voted.
Sec. 18. A punchcard voting system shall prevent the voter from voting for the same person more than once for the same office.
Sec. 19. A punchcard voting system shall permit the voter to vote for or against any measure he may have the right to vote on, but none other.
Sec. 20. A punchcard vote recording device shall correctly register or record, on the voters punchcard ballot, all votes cast for any and all persons and for or against any and all measures.
Sec. 21. A copy of each election computer program duly certified by the accuracy certification board for an election in the state shall be filed with the secretary of state at least 1 week before the election. Copies of any subsequent alterations in the program shall be filed in the same manner prior to the election.
Sec. 22. The board of county commissioners of any county or city council or other governing body of any city may adopt for use at elections any kind of punchcard voting system approved by the secretary of state or the use of which has been specifically authorized by law. The punchcard voting system may be used at any or all elections held in such county or city, for voting, registering and counting votes cast.
Sec. 23. A punchcard system may be adopted for some of the precincts or districts in the same county or city, while the remainder of the precincts or districts in such county or city may be equipped with voting machines or paper ballots.
κ1975 Statutes of Nevada, Page 1524 (CHAPTER 730, AB 581)κ
Sec. 24. The board of county commissioners or city council or other governing body of any city which adopts a punchcard voting system, as soon as practicable after adopting it, shall provide for each polling place one or more punchcard vote recording devices in complete working order. When the devices are not in use at an election, such board, council or governing body shall have the custody of them and of the furniture and equipment of the polling place.
Sec. 25. The board of county commissioners or city council or other governing body of any city, without formally adopting a punchcard voting system which it might lawfully adopt, may provide for its experimental use at an election in one or more precincts. Its use at the election is as valid for all purposes as if it were lawfully adopted.
Sec. 26. The cost of a punchcard voting system is a charge upon the county or city adopting it.
Sec. 27. The board of county commissioners or city council or other governing body of any city may provide for the payment of the costs of a punchcard voting system in such manner and by such method as they consider in the best local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations which shall be a charge on the county or city. The bonds, certificates or other obligations may be issued with or without interest, payable at such time as the authorities may determine, but shall not be issued or sold at less than par.
Sec. 28. The list of offices and candidates and the statements of measures printed on the pages of the ballot page assembly in combination with the ballot card is an official ballot.
Sec. 29. The laws relating to punchcard voting systems and paper ballots generally, so far as applicable, shall apply respectively to that part voted upon punchcard vote recording devices and that part voted upon paper.
Sec. 30. (Deleted by amendment.)
Sec. 31. If the ballot is larger than the punchcard vote recording device can accommodate, the clerk may place the ballot upon more than one device or place part of the ballot upon the punchcard vote recording device and the remainder upon paper.
Sec. 32. The sample ballots of punchcard voting systems shall be open to public inspection at the polling place during the election day.
Sec. 33. The sample ballots shall be either in full or reduced size and shall contain suitable illustrated directions for voting on the punchcard vote recording device.
Sec. 34. The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which shall be arranged in the form of a booklet or full sheet of paper printed to display a facsimile of the pages or several pages which constitute the ballot page assembly on the punchcard vote recording device which will be in use at that election.
Sec. 35. The clerk shall furnish sufficient ballot page assemblies for the punchcard voting devices used at any election.
Sec. 36. When used in primary elections, the ballot page assembly of each punchcard vote recording device, except those devices intended solely for nonpartisan voters, shall be so arranged that it contains a page or pages setting forth the ballot of one party only, followed by a page or pages setting forth the nonpartisan ballot and so that the voter may cast his partisan and nonpartisan votes on a single ballot card but may not cast his partisan votes for a candidate of another political party.
κ1975 Statutes of Nevada, Page 1525 (CHAPTER 730, AB 581)κ
or pages setting forth the nonpartisan ballot and so that the voter may cast his partisan and nonpartisan votes on a single ballot card but may not cast his partisan votes for a candidate of another political party.
Sec. 37. 1. In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot card which is of a distinctive color associated with such voters political party, in which is punched a distinctive code associated with such party and on which is clearly printed the name of such party.
2. The election board member shall then direct the partisan voter to a punchcard vote recording device containing a ballot page assembly arranged for such voters political party in the manner provided in section 36 of this act.
Sec. 38. 1. In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot card of a distinctive color, punch code and printed designation identifying such ballot card as a nonpartisan ballot card.
2. At the direction of the clerk, the election board member shall then:
(a) Direct the nonpartisan voter to a punchcard vote recording device containing a ballot page assembly setting forth only the nonpartisan ballot;
(b) Direct the nonpartisan voter to a punchcard vote recording device containing a ballot page assembly arranged for a partisan ballot, instruct such voter to vote only the nonpartisan section of the ballot page assembly and advise such voter that any votes he may cast in the partisan section will not be counted; or
(c) Issue a nonpartisan ballot card attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to a nonpartisan voter and instruct such voter to punch his ballot card by reference to the sample ballot.
Sec. 39. In a primary election, the clerk may require those partisan voters in a precinct or district whose political parties each comprise less than 5 percent of the registered voters for such precinct or district to vote in the manner prescribed for nonpartisan voters in section 38 of this act.
Sec. 40. Prior to any election where a punchcard voting system is to be used, the clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. Such program shall cause the computer or counting device to operate in the following manner:
1. All lawful votes cast by each voter shall be counted.
2. All unlawful votes, including but not limited to overvotes or, in a primary election, votes cast for a candidate of a political party other than the party, if any, of the voters registration, shall not be counted.
3. Total votes shall be accumulated.
4. The computer or counting device shall halt or indicate by appropriate signal if a ballot card is encountered which lacks a code identifying the precinct in which the ballot was voted and, in a primary election, identifying the political party of the voter.
Sec. 41. Prior to conducting the test required under section 43 of this act, the clerk shall appoint two persons who are not of the same political party to serve as an accuracy certification board.
κ1975 Statutes of Nevada, Page 1526 (CHAPTER 730, AB 581)κ
act, the clerk shall appoint two persons who are not of the same political party to serve as an accuracy certification board.
Sec. 42. 1. The accuracy certification board shall observe the conduct of the tests prescribed by sections 43 and 46 of this act.
2. Representatives of the various political parties, candidates and the press may also observe the conduct of such tests.
Sec. 43. No sooner than 2 weeks prior to the election day, the clerk shall test the automatic tabulating equipment and programs to ascertain that the equipment and programs will correctly count the votes cast for all offices and on all measures.
Sec. 44. 1. The tests prescribed by sections 43 and 46 of this act shall be conducted by processing a preaudited group of logic and accuracy test ballots so punched or marked as to record a predetermined number of valid votes for each candidate and on each measure, shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment and programs to reject such votes.
2. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment and programs are approved.
3. When satisfied with the accuracy of the computer program, the accuracy certification board and the clerk shall date and sign all reports, seal the program, the reports, and all test material in an appropriate container. The container shall be kept in a sealed condition by the clerk.
Sec. 45. The computer program and the program card deck used for the test prescribed by section 43 of this act shall be used to count the ballots for the election.
Sec. 46. 1. A test conducted in the manner prescribed in subsections 1 and 2 of section 44 of this act shall be conducted immediately before the start of the official count of the ballots and again immediately after the official count of the ballots.
2. Such tests shall be certified by the accuracy certification board.
Sec. 47. After the completion of the last logic and accuracy test, the programs used, the logic and accuracy test ballots and the official ballots shall be sealed, retained and disposed of in the manner provided in NRS 293.391 for other ballots.
Sec. 48. The officers charged with the duty of creating election precincts, at any time on or before the 30th day preceding any election, may create, unite, divide or combine the election precincts in which punchcard vote recording devices are to be used. No such combined precinct may be comprised of more than 1,000 registered voters.
Sec. 49. The clerk shall place the proper ballot labels on the punchcard vote recording devices, corresponding with the sample ballots provided for in this chapter, and shall put the punchcard vote recording device in order, ready for use in voting.
Sec. 50. For the purpose of labeling, putting in order, setting and arranging the punchcard vote recording device, the clerk shall employ competent persons, who shall be sworn to perform their duties honestly and faithfully.
Sec. 51. The clerk shall not appoint any person to label, put in order, set or arrange any punchcard vote recording device, unless he is fully qualified to perform his duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.
κ1975 Statutes of Nevada, Page 1527 (CHAPTER 730, AB 581)κ
qualified to perform his duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.
Sec. 52. The assistants referred to in sections 50 and 51 of this act shall, under the direction of the clerk, label, put in order, set, arrange and provide for the delivery of the devices to the polling places of the election district in which the election is to be held, or to the custody of the election board chairman, together with all furniture and appliances necessary for the proper conduct of the election.
Sec. 53. In preparing a punchcard vote recording device for an election, the clerk shall, according to the printed directions furnished, thoroughly test the punchcard vote recording device and arrange the punchcard vote recording device and the ballot page assembly so that the punchcard vote recording device will in every particular meet with the requirements for voting and counting at the election.
Sec. 54. Before preparing a punchcard vote recording device for any election, the clerk shall mail written notices to the chairmen of the county central committees of at least two of the principal political parties, stating the time and place where such punchcard vote recording devices will be prepared. At the specified time, one representative of each such political party shall be afforded an opportunity to see that the punchcard vote recording devices are in proper condition for use in the election. Such representatives shall not interfere with the persons assigned to prepare the punchcard vote recording devices or assume any of their duties.
Sec. 55. If the voting booth in which a punchcard voting device is to be installed is not equipped with a light, the clerk may provide a light and direct that it be affixed to the booth or to the voting device.
Sec. 56. The booth in which a vote recording device is installed shall be so constructed that the rear and sides of the booth in combination with the person of the voter hide the device from the view of persons other than the voter.
Sec. 57. Within a reasonable time before each election, the clerk shall instruct the election board in the use of the punchcard voting system and in their duties in connection therewith.
Sec. 58. An election board shall not serve in any election at which a punchcard voting system is used unless they have received instruction and are fully qualified to perform their duties in connection with the system.
Sec. 59. For the purpose of giving instruction in the punchcard voting system, the clerk shall call any meeting of the election board which may be necessary. The election board of each election precinct in which a punchcard voting system is used shall attend any meeting called for the purpose of receiving instruction concerning their duties and necessary for the proper conduct of the election.
Sec. 60. 1. The clerk shall keep an attendance record of those election officials receiving instruction in their duties in connection with the punchcard voting system. The clerk shall certify that the attendance record is a list if election officers who have been instructed pursuant to section 57 of this act.
2. The list, when so certified, is prima facie evidence that the election officials have been properly instructed in their duties.
κ1975 Statutes of Nevada, Page 1528 (CHAPTER 730, AB 581)κ
Sec. 61. Sections 49 to 62, inclusive, of this act do not prevent the appointment and service of an election board to fill a vacancy in an emergency.
Sec. 62. Before the polls are open for election, the election board shall test every voting device by inserting a demonstration, unofficial ballot card into each device and fully voting it.
Sec. 63. The open part of the booth containing the punchcard vote recording device and every part of the polling place shall be in plain view of the election officials and watchers. The booth shall be placed at least 4 feet from the poll clerks table.
Sec. 64. The election officials shall inspect the vote recording devices periodically during the day to see that the ballot page assembly is intact, and that the device is otherwise in good working order.
Sec. 65. After the opening of the polls, the election board shall not issue any voter a ballot card nor allow him to enter the booth until they ascertain that he is entitled to vote.
Sec. 66. Before each voter enters the voting booth, the election board shall, so far as possible, inform him how to operate the punchcard vote recording device and illustrate its operation upon the demonstration model of the device. If any voter, after entering the voting booth, asks for information, the election board shall give him the necessary information.
Sec. 67. A voter shall not remain within the voting booth longer than 2 minutes. If he refuses to leave it after the lapse of 2 minutes, he may be removed by the election board.
Sec. 68. Upon closing the polls, the election board shall:
1. Secure all vote recording devices against further voting.
2. Open the ballot box, remove all ballots and count them.
3. Account for all ballots on the ballot statement.
4. Place all official ballots, the ballot statement and any other records, reports and materials as directed by the clerk into the container provided by him for the purpose of transporting such items to a central counting place and seal such container.
Sec. 69. 1. The chairman and at least one other member of the election board shall deliver the sealed container to a receiving center or to the central counting place, as directed by the clerk. Insofar as is practicable, the other board member shall be of a different political party than the chairman.
2. The chairman shall provide for the transportation or other disposition of all other supplies and election materials as directed by the clerk.
Sec. 70. The clerk may provide that an intermediate point other than the central counting place be designated as a receiving center for ballots in transit. In such case, he shall appoint officials to inspect seals, issue receipts, maintain logs and effect the final transportation of ballots to the central counting place.
Sec. 71. The election board has no further responsibility for the care, custody, security, tabulation or counting of ballots after the official ballots have been delivered to a receiving center or to the central counting place and a receipt has been issued for such ballots.
Sec. 72. The clerk shall supervise the operation of the central counting place.
κ1975 Statutes of Nevada, Page 1529 (CHAPTER 730, AB 581)κ
Sec. 73. When a computer or counting device owned or leased by the State of Nevada is used to count ballots, the clerk and computer facility manager shall determine that such use complies with the provisions of this chapter. The clerk shall exercise his authority in a manner consistent with established procedures for the operation and use of the computer, so far as is practicable.
Sec. 74. 1. To facilitate the processing and computation of votes cast at any election conducted under a punchcard voting system the county clerk shall create a computer program and processing accuracy board, and may create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board; and
(e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.
2. The county clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he is appointed.
3. All appointees shall serve at the pleasure of the county clerk.
Sec. 75. The central ballot inspection board shall:
1. Receive the ballot cards in sealed containers.
2. Inspect the containers and remove the ballot cards.
3. Register the numbers of ballot cards by precinct.
4. Deliver any damaged ballot cards to the ballot duplicating board.
5. Receive duplicates of damaged ballot cards from the ballot duplicating board and place the duplicates with the voted ballot cards of the appropriate precinct.
6. Place each damaged original ballot card in a separate envelope and note on the outside of the envelope the appropriate precinct number.
7. Reject any ballot card that has been marked in a way that identifies the voter.
8. Place each rejected ballot card in a separate envelope and note on the outside of the envelope the appropriate precinct number and the reason for the boards rejection of the ballot card.
Sec. 76. The absent ballot mailing precinct inspection board shall:
1. Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as such functions are applicable to absent mailing ballots.
2. Bundle the empty absentee and mailing return envelopes according to ballot type or precinct and deliver the bundles to the county clerk.
3. Treat any absentee or mailing ballot found not to contain a ballot as a rejected ballot and place each such envelope in a separate larger envelope on which shall be written the ballot code or precinct and the reason for the rejection.
Sec. 77. 1. The membership of the ballot duplicating board shall, as nearly as practicable, include equal representation from the major political parties.
κ1975 Statutes of Nevada, Page 1530 (CHAPTER 730, AB 581)κ
2. The board shall:
(a) Receive damaged ballot cards, including cards which have been torn, bent or mutilated.
(b) Receive ballot cards with incompletely punched chips.
(c) Prepare on a distinctively colored, serially-numbered card marked duplicate an exact copy, with respect to punching, of each damaged card.
(d) In the case of a ballot card with an incompletely punched chip:
(1) Remove the incompletely punched chip; or
(2) Duplicate the ballot card without punching the location of the incompletely punched chip, according to the county clerks determination of the probable intent of the voter.
(e) Record the serial number of the duplicate ballot card on the damaged original ballot card and return the damaged and duplicate ballots to the appropriate ballot inspection board.
(f) Hold aside the duplicated ballot cards for counting after all other ballot cards are counted if this procedure is directed by the county clerk.
Sec. 78. 1. The ballot processing and packaging board shall be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.
2. The board shall:
(a) Permit only those persons authorized by the county clerk to gain access to the computer center counting area during the period when ballots are being processed.
(b) Receive ballot cards and maintain groupings of all ballot cards by precinct.
(c) Before each counting of ballot cards (or computer run) begins, validate the test material with the ballot counting program.
(d) Maintain a log showing the sequence in which ballot cards of each precinct are processed, as a control measure to insure that the ballots cards of all precincts are processed.
(e) After each counting of the ballot cards, again verify the test material with the ballot counting program to substantiate that there has been no substitution or irregularity.
(f) Record an explanation of any irregularity that occurs in the processing.
(g) Collect all returns, programs, test materials, ballot cards and other election items at the computer center and package and deliver the items to the county clerk for sealing and storage.
Sec. 79. 1. The county clerk shall create a computer program and processing accuracy board and appoint its members no later than 7 days prior to the election in which they will serve. The membership of the board shall, as nearly as practicable, include equal representation from the major political parties.
2. The board shall:
(a) Verify that any invalid prepunching of a ballot card will cause the card to be rejected.
(b) Verify that votes can be counted for each candidate and proposition.
(c) Verify that any overvote for an office or proposition will cause a rejection of the vote for that office or proposition.
κ1975 Statutes of Nevada, Page 1531 (CHAPTER 730, AB 581)κ
(d) Verify that in a multiple vote selection the maximum number of votes permitted a voter cannot be exceeded without rejecting the vote for that selection, but any undervote will be counted.
(e) Verify that neither a voters omission to vote nor his irregular vote on any particular office or proposition will prevent the counting of his vote as to any other office or proposition on the ballot.
Sec. 80. (Deleted by amendment.)
Sec. 81. The clerk may order deputized officials to pick up all voted ballot cards from any or all of the precincts or districts after the polls have been opened for 5 hours. At least two such officials who are not members of the same political party shall deliver any ballot cards which are picked up early to the central counting place. The various boards operating the central counting place may begin to process such ballot cards upon receipt, but no reports may be printed by the counting device or computer until the polls have closed.
Sec. 82. (Deleted by amendment.)
Sec. 83. In addition to the duties prescribed in sections 42, 44 and 46 of this act, the accuracy certification board shall certify as to whether in their judgment the ballot cards were accurately counted. If they determine an inaccuracy exists, they shall furnish a written explanation for such determination.
Sec. 84. (Deleted by amendment.)
Sec. 85. NRS 293.323 is hereby amended to read as follows:
293.323 1. If the request for an absent ballot is made by mail or telegram, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to such absent ballot voter by the most expeditious mail, postage prepaid: [,]
(a) Except as provided in paragraph (b), an absent ballot, a return envelope, a ballot-marking stamp, a stamp pad and instructions.
(b) In those counties using a punchcard voting system, a ballot card attached to a sheet of foam plastic or similar backing material, a return envelope, a punching instrument, a sample ballot, and instructions.
2. Nothing may be enclosed or sent with such ballot except as required by subsection 1.
3. Before depositing such ballot in the mails, the county clerk shall record the date such ballot is issued, the name of the registered voter to whom issued, his precinct or district, political affiliation, if any, the ballot number and any remarks he finds appropriate.
Sec. 86. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as provided in [subsection 2,] subsections 2 and 3, when an absent ballot is returned by a registered voter to the county clerk through the mails, and record thereof is made in the absent ballot record book, the county clerk shall deliver, or cause to be delivered, such ballot to the precinct or district election board.
2. If the county clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voters ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerks register.
κ1975 Statutes of Nevada, Page 1532 (CHAPTER 730, AB 581)κ
[3.] If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box.
[4.] On election day the county clerk shall deliver such ballot box to the absent ballot counting board to be counted.
3. If the county uses a punchcard voting system, the county clerk shall, upon receipt of each absent voters ballot card, make a record of the return and check the signature on the return envelope against the original signature of the county clerks register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county clerk shall deliver such ballot box to the central counting place.
Sec. 87. NRS 293.327 is hereby amended to read as follows:
293.327 1. If the request for an absent ballot is made by a registered voter in person, the county clerk shall, in counties where voting machines are used for voting absent ballots:
(a) Issue a ballot to the voter to be voted on the premises of such clerks office and shall follow the same procedure as in the case of absent ballots received in the mail; or
(b) Issue to such voter an admission authority to the voting machine which has the proper ballot listing required for such voter. When such voter has indicated his vote on the voting machine, the proper record shall be made in the pollbook and roster, or the record book incorporating poll and roster book, showing that such voter has voted an absent ballot.
2. In all other counties, the county clerk shall issue an absent ballot or an absent ballot punchcard to the registered voter, and such ballot shall be voted on the premises of such clerks office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
Sec. 88. NRS 293.350 is hereby amended to read as follows:
293.350 1. The county clerk shall:
(a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of each voter found eligible to vote in such precincts in the mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the registered voter.
2. [The] Except as provided in subsection 3, the ballot shall be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope; [and]
(c) A sample ballot; and
(d) Instructions regarding the manner of stamping and returning the ballot.
3. In those counties using a punchcard voting system, the ballot shall be accompanied by:
(a) A sheet of foam plastic or similar backing material attached to the ballot card;
(b) A punching instrument;
(c) A return envelope;
(d) A sample ballot; and
κ1975 Statutes of Nevada, Page 1533 (CHAPTER 730, AB 581)κ
(e) Instructions regarding the manner of punching and returning the ballot card.
Sec. 89. NRS 293.353 is hereby amended to read as follows:
293.353 Upon receipt of a mailing ballot from the county clerk, the registered voter shall:
1. Except as provided in subsection 2:
(a) Immediately after opening the envelope, mark and fold the ballot;
[2.] (b) Place the ballot in the return envelope;
[3.] (c) Affix his signature on the back of the envelope; and
[4.] (d) Mail or deliver the envelope to the county clerk.
2. In those counties using a punchcard voting system:
(a) Immediately after opening the envelope, punch the ballot;
(b) Place the unfolded ballot card in the return envelope;
(c) Affix his signature on the back of the envelope; and
(d) Mail or deliver the envelope to the county clerk.
Sec. 90. NRS 293.383 is hereby amended to read as follows:
293.383 1. Except as provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.
2. When votes are cast on ballots which are electronically tabulated in accordance with [NRS 293.295, the counting board] the provisions of sections 2 to 83, inclusive, of this act, the county clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside [of:
(a) The county courthouse;
(b) The city hall of each incorporated city from which votes were so counted; and
(c) Each polling place, located outside the limits of any incorporated city and more than 10 miles from the courthouse, from which votes were so counted.] of the counting facility, courthouse or city hall, in the case of a municipal election.
3. Each copy of the voting results posted in accordance with subsections 1 and 2 shall [state the precinct or precincts from which the votes were counted] set forth the accumulative total results of all the votes cast within the county or political subdivision conducting such election and shall be signed by the members of the counting board [.] or the computer program and processing accuracy board.
Sec. 91. NRS 293.295 is hereby repealed.
________
κ1975 Statutes of Nevada, Page 1534κ
Assembly Bill No. 615Assemblymen Getto, Weise, Heaney, Howard, Demers, Harmon, Wittenberg, Price, Mann, Benkovich, Robinson, Moody and Bennett
CHAPTER 731
AN ACT relating to vehicle dealer licensing; authorizing real estate brokers to sell used mobile homes with lots under authority of limited used vehicle dealers licenses issued by the department of motor vehicles; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall adopt and promulgate regulations for the issuance of limited used vehicle dealers licenses authorizing licensed real estate brokers to sell used mobile homes when the sale is incidental to the sale of an interest in real property and the mobile home is situated on the real property sold. Such regulations shall not be more strict than the regulations in effect which pertain to licenses for other used vehicle dealers. An applicant for a limited used vehicle dealers license shall not be required to have sufficient space to display vehicles at his established place of business.
2. If a real estate broker licensed pursuant to the provisions of chapter 645 of NRS holds a limited used vehicle dealers license, he and his licensed salesmen may sell used mobile homes when the sale is incidental to the sale of an interest in real property and the mobile home is situated on the real property sold.
Sec. 2. NRS 482.322 is hereby amended to read as follows:
482.322 1. [No] Except as provided in section 1 of this act, no person may engage in the activities of a vehicle dealer, manufacturer or rebuilder in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealers, manufacturers, rebuilders or lessors license certificate or other license or permit required by the department.
2. The department shall investigate any applicant for a dealers, manufacturers, rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the department.
Sec. 3. NRS 482.362 is hereby amended to read as follows:
482.362 1. [No] Except as provided in section 1 of this act, no person shall engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer or rebuilder at the time such application is filed.
κ1975 Statutes of Nevada, Page 1535 (CHAPTER 731, AB 615)κ
(c) A statement as to whether any previous application of the applicant has been denied or licensed revoked.
(d) Payment of a nonrefundable license fee of $5 per year. Such licenses shall expire on December 13 of each calendar year.
(e) Such other information as the department may deem necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
3. A salesmans license may be denied or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be in the best interests of the public.
4. A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed dealer or rebuilder.
5. A salesmans license issued hereunder may be transferred to another dealer or rebuilder upon application and the payment of a transfer fee of $2. However, when a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.
6. A salesmans license must be posted in a conspicuous place on the premises of the dealer or rebuilder for whom he is licensed to sell vehicles.
7. In the event that a salesman ceases to be employed by a licensed and bonded dealer or rebuilder, his license to act as a salesman shall be automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded dealer or rebuilder. Every licensed salesman shall report in writing to the department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.
8. Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.
Sec. 4. 1. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
2. Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1975.
3. All other sections of this act shall become effective on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1536κ
Assembly Bill No. 509Committee on Elections
CHAPTER 732
AN ACT relating to public purchasing; revising and reenacting the local government purchasing act; providing penalties; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 332 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec. 2. This chapter may be cited as the Local Government Purchasing Act.
Sec. 3. For the purpose of this chapter local government means:
1. Every political subdivision or other entity which has the right to levy or receive moneys from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 540, 541, 542, 543 and 555 of NRS.
2. The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.
3. County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244.640 to 244.78016, inclusive.
4. District boards of health created pursuant to the provisions of NRS 439.370 to 439.410, inclusive.
Sec. 4. As used in this chapter, unless the context otherwise requires:
1. Authorized representative means the individual responsible for the proper administration of all purchases and contracts, or either of them, under this chapter.
2. Chief administrative officer means the person directly responsible to the governing body for the administration of that particular entity.
3. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested.
4. Person means an individual, partnership, firm, corporation or association.
Sec. 5. 1. Except as otherwise provided by law, a governing body or its authorized representative may enter into a contract of any nature without advertising or requesting bids when the estimated amount required to perform the contract is less than $2,500.
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 6. (Deleted by amendment.)
Sec. 7. (Deleted by amendment.)
Sec. 8. 1. Except as otherwise provided by law, the governing body or its authorized representative shall advertise all contracts where the estimated aggregate amount required to perform the contract exceeds $2,500 at least once and not less than 7 days prior to opening of bids.
2. Such advertisement shall be by notice to bid to be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated.
κ1975 Statutes of Nevada, Page 1537 (CHAPTER 732, AB 509)κ
wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication shall be in any newspaper published in the state having general circulation in the county.
3. Such notice shall state:
(a) The nature, character or object of the contract.
(b) If plans and specifications are to constitute part of the contract, where such plans and specifications may be seen.
(c) The time and place where bids will be received and opened.
(d) Such other matters as may properly pertain to giving notice to bid.
Sec. 9. 1. For the purposes of this section, an emergency is one which:
(a) Results from the occurrence of a disaster such as, but not limited to, fire, flood, hurricane, riot, power outage or disease; or
(b) May lead to impairment of the health, safety or welfare of the public if not immediately attended to.
2. If the chief administrative officer or the governing body of the local government determines that an emergency exists affecting the public health, safety or welfare, a contract or contracts necessary to contend with such emergency may be let without complying with the requirements of this chapter. If such emergency action was taken by the chief administrative officer, he shall report it to the governing body at its next regularly scheduled meeting.
Sec. 10. When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the award shall be made to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder will be judged on the basis of price, conformance to specifications, bidders qualifications including such bidders past performance in such matters, quality and utility of services, supplies, materials or equipment offered and their adaptability to the required purpose and in the best interest of the public, each of such factors being considered.
Sec. 11. Any or all bids received in response to a request for bids may be rejected by the governing body or its authorized representative if such governing body or its authorized representative determines that any such bidder is not responsive or responsible or that the quality of the services, supplies, materials, equipment or labor offered does not conform to requirements or if the public interest would be served by such a rejection.
Sec. 12. In determining the responsibility of any bidder, the governing body or its authorized representative may consider the financial responsibility, experience, adequacy of equipment and ability of such bidder to complete performance.
Sec. 13. 1. No contract awarded may be assigned to any other person without the consent of the governing body.
2. No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body not to be a responsible person to perform the particular contract.
Sec. 14. 1. A bid bond, performance bond, payment bond or any combination thereof, with sufficient surety, in such amount as may be determined necessary by the governing body or its authorized representative, may be required of each bidder or contractor on a particular contract.
κ1975 Statutes of Nevada, Page 1538 (CHAPTER 732, AB 509)κ
determined necessary by the governing body or its authorized representative, may be required of each bidder or contractor on a particular contract.
2. Any such bonds may be to insure proper performance of the contract and save, indemnity and keep harmless the local government against all loss, damages, claims, liabilities, judgments, costs and expenses which may accrue against the local government in consequence of the awarding of the contract.
Sec. 15. 1. Contracts which by their nature are not adapted to award by competitive bidding, including but not limited to:
(a) Items which may only be contracted from a sole source;
(b) Contracts for professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of any inventory of replacement parts maintained by the local government is compatible with the existing equipment; and
(e) For any insurance,
may not be subject to the competitive bidding requirements of this chapter as determined by the governing body or its authorized representative.
2. Except in cases of emergency, at least 60 days prior to the expiration date of any existing contract for insurance in which the local government is the insured the governing body shall cause to be given, by advertising, or in another manner deemed adequate and desirable by the governing body, notice of the expiration date of such contract for insurance.
3. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 16. 1. Except as otherwise provided by law, a governing body or its authorized representative may let a contract for the purchase of books, library materials or subscriptions of any nature without advertising if:
(a) The estimated amount is greater than $2,500.
(b) Written requests for bids have been solicited from persons who are capable of performing the contract.
(c) All bids received are opened publicly at a time and place set by the governing body or its authorized representative.
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 17. 1. Nothing in this chapter prohibits a governing body or its authorized representative from contracting for interstate or intrastate carriage or persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
2. Nothing in this section prohibits a governing body or its authorized representative from soliciting informal rate quotations.
Sec. 18. 1. Except as otherwise provided by law, if the chief administrative officer of the local government concurs with the authorized representative that the supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale or other similar sale at a reasonable savings for like merchandise below the market cost in the community, a contract or contracts may be let or the purchase made without complying with the competitive bidding requirements of this chapter.
κ1975 Statutes of Nevada, Page 1539 (CHAPTER 732, AB 509)κ
2. The purchase or acquisition documentation shall be summarized for the next regularly scheduled meeting of the governing body, together with written justification for the cost savings involved.
Sec. 19. 1. No member of the governing body may be interested, directly or indirectly, in any contract entered into by the governing body; but the governing body may purchase supplies, not to exceed $300 in the aggregate in any 1 calendar month from a member of such governing body, when not to do so would be of great inconvenience due to a lack of any other local source.
2. An authorized representative of a governing body may not be interested, directly or indirectly, in any contract by such governing body.
3. A member of a governing body who furnishes supplies in the manner permitted by subsection 1, may not vote on the allowance of the claim for such supplies.
4. A violation of this section is a misdemeanor and, in the case of a member of a governing body, cause for removal from office.
Sec. 20. 1. Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void.
2. Advance disclosures of any information to any particular bidder which would give that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void all proposals of that particular bid solicitation or request.
Sec. 21. When purchasing personal property, the governing body or its authorized representative may solicit and accept advantageous trade-in allowances for personal property of the public entity which has been determined by the governing body to be no longer required for public use, and may award any bid to the bidder submitting the lowest net bid after deduction of such trade-in allowance.
Sec. 22. 1. All sales or leases of personal property of the public entity shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property; but the governing body or its authorized representative may sell any such personal property at public auction if it deems such a sale desirable and in the best interests of the local government.
2. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 23. 1. Local governments may joint in the letting of a contract of any nature.
2. Such joinder shall be accomplished by authorization of the governing body of each such local governmental entity.
3. The authorization shall indicate which joining local government shall be considered as the situs of the contract for the purpose of advertising for or requesting bids.
4. Local governments may utilize the contracts of another governing body or public entity with the authorization of the contracting authority.
Sec. 24. 1. The purpose of this section is to permit local governments to take full advantage of available federal surplus properties.
κ1975 Statutes of Nevada, Page 1540 (CHAPTER 732, AB 509)κ
2. The governing body may enter into any contract with the United States of America or with any agency thereof for the purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:
(a) The posting of notices or public advertising for bids or of expenditures.
(b) The inviting or receiving of competitive bids.
(c) The delivery of purchases before payment, and without regard to any provision of law which would, if observed, defeat the purpose of this section.
3. In making any such contract or purchase the purchaser is authorized to accept any condition imposed pursuant to federal law as a part of the contract.
4. The governing body may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other property, real or personal, owned by the United States of America or any agency thereof and may authorize that person to make any down payment or payment in full required in connection with such budding.
5. Any provisions of any law, charter, ordinance, resolution, bylaws, rule or regulation which are inconsistent with the provisions of this section are suspended to the extent such provisions are inconsistent herewith.
Sec. 25. 1. In each county of this state having a population of 100,000 or more, as determined by the last preceding national census by the Bureau of the Census of the United States Department of Commerce, there is hereby created a government purchasing study commission composed of all purchasing agents of the local governments within such counties. The members shall select a chairman from among their number.
2. The government purchasing study commission shall meet no less than quarterly or at the call of the chairman to study government purchasing practices and laws relating thereto and shall make recommendations with respect to such laws to the next regular session of the legislature.
Sec. 26. This chapter does not apply to a trust created for the benefit and furtherance of any public function pursuant to the provisions of NRS 242B.010 to 242B.100, inclusive.
Sec. 27. Approval by a governing body of an application for a federal categorical grant does not dispense with the requirements of this chapter for approval by the governing body of the letting of any contract.
Sec. 28. NRS 332.010, 332.020, 332.030, 332.040, 332.050, 332.060, 332.070, 332.080, 332.090, 332.100, 332.110, 332.120, 332.130, 332.140, 332.143, 332.145, 332.147, 332.150, 332.160, 332.170, 332.180, 332.190, 332.200, 332.205, 332.210 and 332.220 are hereby repealed.
________
κ1975 Statutes of Nevada, Page 1541κ
Senate Bill No. 514Committee on Commerce and Labor
CHAPTER 733
AN ACT relating to real estate brokers and salesmen; providing that salesmen are independent contractors in certain instances; substituting associated with in place of employed by; clarifying educational requirements; changing provisions for the issuance, renewal and revocation of licenses; extending certain investigative powers; revising provisions relating to the real estate education, research and recovery fund; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 645.020 is hereby amended to read as follows:
645.020 As used in this chapter, real estate means every interest or estate in real property including but not limited to freeholds, leaseholds and interests in condominiums, townhouses or planned unit developments, whether corporeal or incorporeal, and whether the real property is situated in this state or elsewhere.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 645.035 is hereby amended to read as follows:
645.035 1. Within the meaning of this chapter, a real estate broker-salesman is any person who holds a real estate brokers license, or who has passed the real estate brokers examination pursuant to the provisions of section 1 of [this act,] Assembly Bill 9 of the 58th session of the Nevada legislature, but who [is employed or engaged,] , as an employee or as an independent contractor, for compensation or otherwise, [by] is associated with a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a real estate broker in NRS 645.030.
2. A real estate broker-salesman who provides coverage for himself under chapters 616 and 617 of NRS is presumed to be an independent contractor.
3. In this chapter wherever the term real estate salesman appears the same shall, when applicable, mean real estate broker-salesman.
Sec. 4. NRS 645.040 is hereby amended to read as follows:
645.040 1. Within the meaning of this chapter, a real estate salesman is any person who [is employed or engaged by] , as an employee or as an independent contractor, is associated with a licensed real estate broker to do or to deal in any act, acts or transactions set out or comprehended by the definition of a real estate broker in NRS 645.030, for a compensation or otherwise.
2. A real estate salesman who provides coverage for himself under chapters 616 and 617 of NRS is presumed to be an independent contractor.
Sec. 5. NRS 645.180 is hereby amended to read as follows:
645.180 1. The real estate division shall adopt a seal with such design as the real estate division may prescribe engraved thereon, by which it shall authenticate its proceedings.
2. [All records] Records kept in the office of the real estate division under authority of this chapter shall be open to public inspection under such rules and regulations as shall be prescribed by the real estate division [.]
κ1975 Statutes of Nevada, Page 1542 (CHAPTER 733, SB 514)κ
such rules and regulations as shall be prescribed by the real estate division [.] , except that the division may refuse to make public, unless ordered to do so by a court:
(a) Real estate brokers and real estate salesmens examinations;
(b) Files compiled by the division while investigating possible violations of this chapter or chapter 119 of NRS; and
(c) The criminal records of licenses or applicants for licenses.
3. Copies of all records and papers in the office of the real estate division, duly certified and authenticated by the seal of the real estate division, shall be received in evidence in all courts equally and with like effect as the originals.
Sec. 6. NRS 645.190 is hereby amended to read as follows:
645.190 1. The real estate division may do all things necessary and convenient for carrying into effect the provisions of this chapter.
2. The commission or the administrator, with the approval of the commission, may from time to time adopt [and promulgate] reasonable [rules and] regulations for the administration of this chapter in compliance with the Nevada Administrative Procedure Act. When [such rules and] regulations are [promulgated] proposed by the administrator, in addition to other notices required by law, he shall provide copies of [such rules and] the proposed regulations to the commission no less than 30 days prior to the next commission meeting. The commission shall approve, amend or disapprove any [such rules or] proposed regulations at such meeting.
3. All regulations adopted by the commission, or adopted by the administrator with the approval of the commission, shall be published by the division and offered for sale at a reasonable fee.
4. The real estate division may publish a reference manual or study guide for licensees or applicants for licenses, and may offer it for sale at a reasonable fee.
Sec. 7. NRS 645.195 is hereby amended to read as follows:
645.195 [On and after January 1, 1986:]
1. The real estate division shall regularly inspect the records of all real estate brokers to ensure compliance with the provisions of this chapter.
2. The commission shall adopt rules and regulations with respect to such inspections.
Sec. 8. NRS 645.220 is hereby amended to read as follows:
645.220 The real estate division shall at least annually, on or before [August 1,] April 1, publish a list of the names and addresses of all licensees licensed by it during the preceding [license] calendar year under the provisions of this chapter, and of licensees whose licenses have been suspended or revoked during the preceding [license] calendar 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 such lists shall be mailed to each licensee and one] One of such lists shall be mailed to the county clerk in each county and shall be filed by him as a public record. Lists shall also be [mailed] made available by the real estate division to any person in this state upon request, [without charge.] upon payment of a fee established by the division.
Sec. 9 NRS 645.280 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1543 (CHAPTER 733, SB 514)κ
645.280 1. It shall be unlawful for any licensed real estate broker or real estate salesman to offer, promise, allow, give or pay, directly or indirectly, any part or share of his commission or compensation arising or accruing from any real estate transaction to any person who is not a licensed real estate broker or real estate salesman, in consideration of services performed or to be performed by such unlicensed person; but a licensed real estate broker may pay a commission to a licensed broker of another state.
2. No real estate salesman shall be [employed by] associated with or accept compensation from any person other than the broker under whom he is at the time licensed.
3. It shall be unlawful for any licensed real estate salesman to pay a commission to any person except through the broker under whom he is at the time licensed.
Sec. 10. NRS 645.310 is hereby amended to read as follows:
645.310 1. All deposits accepted by every person, copartnership, corporation or association holding a real estate brokers license under the provisions of this chapter, which deposits are retained by such real estate broker pending consummation or termination of the transaction involved, shall be accounted for in the full amount thereof at the time of the consummation or termination.
2. Every real estate salesman, promptly on receipt by him of a deposit on any transaction in which he is engaged on behalf of [his broker-employer,] a broker, shall pay over the deposit to the real estate broker.
3. A real estate broker shall not commingle the money or other property of his principal with his own.
4. Every real estate broker who does not immediately place all funds entrusted to him by his principal or others in a mutual escrow depository or in the hands of principals shall immediately deposit such moneys of whatever kind or nature belonging to others in a separate custodial or trust fund account maintained by the real estate broker with some bank or recognized depository until the transaction involved is consummated or terminated, at which time the real estate broker shall account for the full amount received; but a real estate broker in his discretion may pay to any seller or the sellers authorized agent the whole or any portion of such special deposit. Such real estate broker shall, nevertheless, be held personally responsible and liable for such deposit at all times. Under no circumstances shall a real estate broker permit any advance payment of funds belonging to others to be deposited in the real estate brokers business or personal account or to be commingled with any funds he may have on deposit.
5. Every real estate broker required to maintain such a separate custodial or trust fund account shall keep records of all funds deposited therein, which records shall indicate clearly the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and shall show clearly for whose account the money is deposited and to whom the money belongs. All such records and funds shall be subject to inspection and audit by the real estate division and its authorized representatives. All such separate custodial or trust fund accounts shall designate the real estate broker as trustee and all such accounts must provide for withdrawal of funds without previous notice.
κ1975 Statutes of Nevada, Page 1544 (CHAPTER 733, SB 514)κ
estate broker as trustee and all such accounts must provide for withdrawal of funds without previous notice.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 645.343 is hereby amended to read as follows:
645.343 1. [Except as provided in section 1 of this act, and in] In addition to the other requirements contained in this chapter, an applicant for an original real estate [brokers broker-salesmans or] salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in real estate principles, practices, procedures, law and ethics, which course may be an extension or correspondence course offered by the University of Nevada System, or any other accredited college or university, or by any other college or school approved as provided in NRS 645.345.
2. [Prior to July 1, 1974, an applicant for an original real estate brokers license may substitute, in lieu of the educational requirement, proof satisfactory to the real estate division that he was continuously licensed as a real estate salesman in this state or as a real estate broker or salesman in another state or district for at least 2 years within the 4 years immediately prior to the date of his application, and continuously during such time was actively engaged in the business of real estate salesman or broker.
3. On and after July 1, 1974, in] Except as provided in section 1 of Assembly Bill 9 of the 58th session of the Nevada legislature, and in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed a college level course of three semester units or an equivalent number of quarter units in real estate law and another course of equal length in the principles of real estate [.] , and satisfied the experiental requirements of subsection 3 of NRS 645.330.
[4.] 3. On and after January 1, 1976, in addition to the other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics.
[5.] 4. On and after January 1, 1978, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
[6.] 5. On and after January 1, 1982, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses.
[7.] 6. On and after January 1, 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license shall furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
κ1975 Statutes of Nevada, Page 1545 (CHAPTER 733, SB 514)κ
real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses in real estate, business and economics.
[8.] 7. On and after January 1, 1978, for the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter shall receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman.
[9.] 8. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers or broker-salesmans license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting such requirements.
9. The educational requirements of subsections 5 and 6 include and are not in addition to the requirements in each preceding subsection.
10. An applicant for a brokers examination pursuant to section 1 of [this act] Assembly Bill 9 of the 58th session of the Nevada legislature shall meet the educational prerequisites applicable on the date his application is received by the real estate division.
11. For the purposes of this section, college level courses are courses offered by any accredited college or university and which fulfill baccalaureate degree requirements.
Sec. 13. NRS 645.345 is hereby amended to read as follows:
645.345 The commission, with the prior written approval of a dean of the college of business administration of the University of Nevada System, shall:
1. Promulgate reasonable regulations defining what constitutes:
(a) A course of instruction in real estate principles, practices, procedures, law and ethics, which course of instruction shall include the subjects upon which an applicant is examined in determining his fitness to receive an original real estate [brokers] salesmans license.
(b) A school offering such a course.
2. Adopt regulations providing for the establishment and maintenance of a uniform and reasonable standard of instruction to be observed in and by such schools.
Sec. 14. NRS 645.350 is hereby amended to read as follows:
645.350 1. Application for license as a real estate broker or broker-salesman shall be made in writing to the real estate division upon blanks prepared or furnished by the real estate division.
2. Every application for a real estate brokers or broker-salesmans license shall set forth the following information:
(a) The name, age and address of the applicant. If the applicant [be] is a copartnership or an association, the name, age and address of each member thereof. If the application [be] is for a corporation, the name, age and address of each officer and director thereof.
(b) The name, if known, under which the business is to be conducted. The name [shall be deemed to be] is a fictitious name if [the same] it does not contain the name of the applicant or the names of the members of the applicants firm, copartnership or association. [No license shall] A license shall not be issued under a fictitious name which includes the name of a real estate salesman [.
κ1975 Statutes of Nevada, Page 1546 (CHAPTER 733, SB 514)κ
A license shall not be issued under a fictitious name which includes the name of a real estate salesman [. No license shall] or broker-salesman. A license shall not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) The place or places, including the street number, the city and county where the business is to be conducted, if known.
(d) The business or occupation [theretofore] engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof. If the applicant [be] is a copartnership or an association, by each member thereof, or if a corporation, by each officer thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman. If the applicant [be] is a copartnership or association, by each member thereof, or if a corporation, by each officer thereof.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony, and if so, the nature of the [same.] felony.
(g) Whether the applicant has been refused a real estate brokers or real estate salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state. If the applicant is a copartnership or an association, by each member thereof; if the applicant is a corporation, by each officer thereof.
(h) If the applicant is a copartnership, association or corporation, the name of the designated member or officer thereof who is to receive his license by virtue of the issuance of a license to the copartnership, association or corporation, as provided in this chapter.
(i) If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.
3. If the information required in paragraphs (b) and (c) [,] of subsection 2 is not known at the time of the application, it shall be furnished as an addendum to the application as soon as it becomes known to the applicant.
4. The application for a brokers license shall be verified by the applicant. If the application is made by a copartnership or an association, it shall be verified by at least two members thereof; if made by a corporation, it shall be verified by the president and the secretary thereof.
Sec. 15. NRS 645.360 is hereby amended to read as follows:
645.360 1. An application for a license as a real estate broker or broker-salesman shall be accompanied by the recommendation of at least three resident citizens not related to the applicant who have [owned real estate for a period of 2 years or more in the county in which the applicant resides or has or intends to establish his place of business, and who have] known the applicant for a period of 2 years or more.
2. The recommendation shall be under oath and shall:
(a) Certify that the applicant bears a good reputation for honesty, truthfulness, fair dealing and competency.
κ1975 Statutes of Nevada, Page 1547 (CHAPTER 733, SB 514)κ
(b) Recommend that a license be granted to the applicant.
[3. If the applicant cannot secure recommendations for the reason that he has not resided within the county for a period of 2 years, he may furnish similar recommendations from three persons with like qualifications from any county where the applicant has resided within the 2 years prior to the filing of his application.]
Sec. 16. NRS 645.370 is hereby amended to read as follows:
645.370 1. Every copartnership [and association] in its application for a license shall designate and appoint one of its members, and every corporation in its application for a license shall designate and appoint one of its officers, to submit an application for a brokers license. [The application of the copartnership, association or corporation, and the application of the member or officer so designated, shall be filed jointly with the commission.
2. No license shall be issued to any copartnership, association or corporation unless and until the person or officer so designated by the copartnership, association or corporation shall submit to and pass the examination required by this chapter on behalf of the copartnership, association or corporation.
3.] 2. Upon such members or officers successfully passing the examination, and upon compliance with all other requirements of law by the copartnership [, association] or corporation, as well as by the designated member or officer, the real estate division shall issue a brokers license to [the copartnership, association or corporation which shall bear the name of] such member or officer [,] on behalf of the corporation or copartnership, and thereupon the member or officer so designated [shall, without payment of any further fee, be] is entitled to perform all the acts of a real estate broker contemplated by this chapter; [provided:] except:
(a) That the license [shall entitle] entitles such member or officer so designated to act as a real estate broker only as officer or agent of the copartnership [, association] or corporation, and not on his own behalf [; and] except as provided in NRS 645.385; and
(b) That if in any case the person so designated [shall be] is refused a license by the real estate division, or in case he ceases to be connected with the copartnership [, association] or corporation, the copartnership [, association] or corporation [shall have the right to] may designate another person who shall make application and qualify as in the first instance.
Sec. 17. NRS 645.385 is hereby amended to read as follows:
645.385 The division may waive the requirements of NRS 645.370 and 645.380 by adopting [and promulgating rules and] regulations authorizing real estate brokers to act on their own behalf as well as on the behalf of a corporation [,] or copartnership. [or association.]
Sec. 18. NRS 645.390 is hereby amended to read as follows:
645.390 1. Application for a license as a real estate salesman shall be made in writing to the real estate division upon blanks prepared or furnished by the real estate division, and shall contain:
(a) Such information as is required in a brokers application.
(b) The name and address of the applicants last employer.
(c) The name and place of business of the person, firm, copartnership, association or corporation then employing the applicant, or [into whose service the applicant is about to enter.]
κ1975 Statutes of Nevada, Page 1548 (CHAPTER 733, SB 514)κ
association or corporation then employing the applicant, or [into whose service the applicant is about to enter.] with whom the applicant will be associated.
2. Upon passing the required examination and complying with all other requirements of this chapter, but prior to issuance of a license, the applicant shall provide the division with verified statement by [his prospective employing broker:] the broker with whom he will be associated:
(a) Containing the name and place of business of the person, firm, copartnership, association or corporation then employing the applicant, or [into whose service the applicant is about to enter.] with whom the applicant will be associated.
(b) Certifying that the [employment] association of the applicant is actual and in good faith.
(c) Recommending that the license be issued to the applicant.
Sec. 19. NRS 645.440 is hereby amended to read as follows:
645.440 1. If the real estate division, after an application in proper form has been filed with it, accompanied by the proper fee and the applicants certification of trustworthiness, competency and integrity, shall deny an application to the applicant, the real estate division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.
2. Upon written request from the applicant, filed within 30 days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within 90 days after receipt of the applicants request.
3. The hearing shall be at such time and place as the commission shall prescribe. At least 15 days prior to the date set for the hearing, the real estate division shall notify the applicant and other persons interested or protesting, and shall accompany such notification with an exact copy of any protest filed, together with the copies of any and all communications, reports, affidavits or depositions in possession of the real estate division touching upon or relating to the matter in question. Such written notice of hearing may be served by delivery personally to the applicant, or by mailing the same by registered or certified mail to the last-known business address of the applicant. If the application is for a real estate salesmans license, the real estate division shall also notify the [prospective broker-employer] broker with whom the applicant expected to be associated by mailing such notice by registered or certified mail to the brokers last-known business address.
4. At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. He shall be entitled to present such evidence, written and oral, as he may see fit and as may be pertinent to the inquiry.
5. The hearing may be held by the commission or a majority thereof, and a hearing shall be held, if the applicant so desires, within the county where the applicants principal place of business is situated.
6. At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the real estate division of such fee as the commission shall prescribe by general rule or regulation, not exceeding 25 cents per folio.
κ1975 Statutes of Nevada, Page 1549 (CHAPTER 733, SB 514)κ
proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the real estate division of such fee as the commission shall prescribe by general rule or regulation, not exceeding 25 cents per folio.
7. The commission shall render a decision on any application within 60 days from the final hearing on such application, and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.
8. Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.
9. Where an applicant has made a false statement of material fact on his application such false statement may in itself be sufficient ground for refusal of a license.
Sec. 20. NRS 645.450 is hereby amended to read as follows:
645.450 Examination for licenses shall be held by the real estate division at least bimonthly. [, in the months of February, April, June, August, October and December.]
Sec. 21. NRS 645.520 is hereby amended to read as follows:
645.520 1. The real estate division shall issue to each licensee a license in such form and size as shall be prescribed by the real estate division.
2. Each license shall:
(a) Show the name and address of the licensee, and in case of a real estate salesmans license shall show the name of the real estate broker [by whom he is employed.] with whom he will be associated.
(b) Have imprinted thereon the seal of the real estate division.
(c) Contain such additional matter as shall be prescribed by the commission.
3. Not more than one real estate salesmans license may be issued to any real estate salesman for the same period of time.
Sec. 22. NRS 645.530 is hereby amended to read as follows:
645.530 1. The license of each real estate salesman shall be delivered or mailed to the real estate broker [by] with whom the real estate salesman is [employed] associated and shall be kept in the custody and control of the broker.
2. Each real estate broker shall:
(a) Display his license conspicuously in his place of business. If a real estate broker maintains more than one place of business within the state, a duplicate license shall be issued to such broker for each branch office so maintained by him, and the duplicate license shall be displayed conspicuously in each branch office.
(b) Prominently display in his place or places of business the licenses of all real estate salesmen [employed by] associated with him therein or in connection therewith.
Sec. 23. NRS 645.540 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1550 (CHAPTER 733, SB 514)κ
645.540 1. The real estate division shall prepare and deliver to each licensee a pocket card, which card, among other things, shall:
(a) Contain an imprint of the seal of the real estate division.
(b) Certify that the person whose name appears thereon is a licensed real estate broker or real estate salesman, as the case may be, and if it is a real estate salesmans card it shall also contain the name and address of [his employer.] the broker with whom he is associated.
2. The matter to be printed on such pocket card, except as set forth in subsection 1, shall be prescribed by the commission.
Sec. 24. NRS 645.570 is hereby amended to read as follows:
645.570 1. Notice in writing shall be given to the real estate division within 30 days of any change of name, personnel or business location of any licensee or of a change of [employment] association of any salesman licensee. Upon the surrender of the license certificate and pocket identification card previously issued and the payment of the fee required by law the real estate division shall issue a new license for the unexpired license term.
2. Upon the transfer of [employment] association of any salesman licensee, application accompanied by the fee required by law shall be made to the real estate division for the issuance of a new license to such salesman for the unexpired term. Such transfer shall only be into [the employment of] an association with a duly licensed [broker-employer] broker who shall certify to the honesty, truthfulness and good reputation of the transferee.
3. Failure to give notice as required by this section shall constitute cause for the revocation of any outstanding license.
Sec. 25. NRS 645.580 is hereby amended to read as follows:
645.580 1. When any real estate salesman [shall be discharged or shall terminate his employment] terminates, for any reason, his association with the real estate broker [by whom he is employed,] with whom he was associated, such real estate broker shall:
(a) Immediately deliver or mail by registered or certified mail to the real estate division the real estate salesmans license, together with a written statement of the circumstances surrounding [any such discharge or] the termination of [employment.] the association.
(b) At the time of delivering or mailing such real estate salesmans license to the real estate division, address a communication to the last-known residence address of such real estate salesman, which communication shall advise the real estate salesman that his license has been delivered or mailed to the real estate division. A copy of such communication to the real estate salesman shall accompany the license when delivered or mailed to the real estate division.
2. It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this chapter, either directly or indirectly, under authority of the license from and after the date of receipt of the license from the broker by the real estate [division; provided:
(a) That another license shall not be issued to such real estate salesman until he shall return his former pocket card to the real estate division or shall satisfactorily account to it for the same; and
(b) That no more than one license shall be issued to any real estate salesman for the same period of time.]
κ1975 Statutes of Nevada, Page 1551 (CHAPTER 733, SB 514)κ
salesman for the same period of time.] division and until the license is transferred or a new license is issued.
3. A license shall not be transferred nor a new license issued to such real estate salesman until he has returned his former pocket card to the division or satisfactorily accounted for it.
Sec. 26. NRS 645.610 is hereby amended to read as follows:
645.610 The administrator may upon his own motion, and shall upon the [verified] complaint in writing of any person, [provided such complaint, or such complaint together with evidence, documentary or otherwise, presented in connection therewith, shall make out a prima facie case,] investigate the actions of any real estate broker or real estate salesman, or any person who shall assume to act in either such capacity within this state.
Sec. 27. NRS 645.630 is hereby amended to read as follows:
645.630 The commission [shall have the power to] may suspend, revoke or reissue [,] subject to conditions [,] any license issued under the provisions of this chapter at any time where the licensee has, by false or fraudulent representation, obtained a license, or where the licensee, whether or not acting as a licensee, is [deemed] found to be guilty of:
1. Making any substantial misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise.
4. Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.
5. Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this chapter from any person except [his employer, who must be a] the licensed real estate broker [.] with whom he is associated.
6. Representing or attempting to represent a real estate broker other than the [employer,] broker with whom he is associated, without the express knowledge and consent of the [employer.] broker with whom he is associated.
7. Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others.
8. Willfully using the term realtor or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do.
9. Disregarding or violating any of the provisions of this chapter, chapter 119 of NRS or of any [rule or] regulation promulgated [there-under.] under either chapter.
10. Paying or receiving any rebate, profit, compensation or commission in violation of this chapter.
11. Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee.
12. Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, theft, fraud, conspiracy, a crime involving moral turpitude or other like offense, whether arising from a real estate transaction or not, and has been convicted thereof in a court of competent jurisdiction.
κ1975 Statutes of Nevada, Page 1552 (CHAPTER 733, SB 514)κ
larceny, extortion, theft, fraud, conspiracy, a crime involving moral turpitude or other like offense, whether arising from a real estate transaction or not, and has been convicted thereof in a court of competent jurisdiction.
13. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
14. Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.
15. The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement authorizing or employing a licensee to sell, buy or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.
16. The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensees compensation, commission or profit under any agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
17. The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing [or employing such] the licensee to sell, buy or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the [employer] broker with whom he is associated the full amount of licensees profit and obtains the written consent of the [employer] broker approving the amount of such profit.
18. [Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public.] Demonstrated negligence or incompetence in performing any act for which he is required to hold a license.
19. Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent or dishonest dealing.
20. Any conduct, prior to his being licensed, which was in fact unknown to the commission and which would have been grounds for denial of a license had the commission been aware of such conduct.
Sec. 28, NRS 645.660 is hereby amended to read as follows:
645.660 Any unlawful act or violation of any of the provisions of this chapter by any licensee shall not be cause for the suspension or revocation of a license of any [employer, employee, salesman, partner, member or officer] person associated with [or employed by] such licensee, unless it [shall appear] appears to the satisfaction of the commission that the [employer, employee, salesman, partner, member or officer] associate had guilty knowledge thereof. A course of dealing shown to have been persistently and consistently followed by any [real estate salesman, employee, partner, associate or officer] licensee shall constitute prima facie evidence of such knowledge upon the part of the [employer, partner, associate or officer.]
κ1975 Statutes of Nevada, Page 1553 (CHAPTER 733, SB 514)κ
facie evidence of such knowledge upon the part of the [employer, partner, associate or officer.] associate.
Sec. 29 NRS 645.670 is hereby amended to read as follows:
645.670 In the event of the revocation or suspension of the license issued to any member of a copartnership [or association] or to any officer of a corporation, the license issued so such copartnership [, association] or corporation shall [, however,] be revoked by the commission unless, within a time fixed by the commission, where a copartnership, [or association,] the connection therewith of the member whose license has been revoked shall be severed and his interest in the copartnership [or association] and his share in its activities brought to an end, or where a corporation, the offending officer shall be discharged and shall have no further participation in its activities; but such discharged or withdrawing member or officer of such copartnership [, association] or corporation may reassume his connection with, or be reengaged by such copartnership [, association] or corporation upon termination of the suspension or reinstatement of his license.
Sec. 30. NRS 645.680 is hereby amended to read as follows:
645.680 1. The procedure set forth in this section and NRS 645.690 shall be adhered to before the revocation or suspension of any license.
2. Upon a complaint being initiated by the administrator, [or upon a verified complaint being filed with the administrator and found by him, alone or together with evidence, documentary or otherwise, presented in connection therewith, to constitute a prima facie case,] the matter shall be set down for a hearing by the administrator, who shall schedule a hearing before the commission, and the licensee [shall have an opportunity] is entitled to be heard thereon in person or by counsel.
3. The commission shall [fix the time for the] hold such hearing within 90 days after the filing of [any complaint, but the time of hearing may be continued from time to time upon written consent of the licensee.] a complaint by the administrator. The time of the hearing may, at the discretion of the commission, be continued upon the written request of the licensee or upon the written request of the division and the written consent of the licensee.
4. The licensee shall be given at least [20] 30 days prior notice in writing by the real estate division of the date, time and place of the hearing, which notice shall contain an exact statement of the charges filed, together with a copy of the complaint and copies of any and all communications, reports, affidavits or depositions in possession of the real estate division [touching or relating to the matter in question.] relevant to the complaint. The division may present evidence obtained after the notice only if the division shows that the evidence was not available after diligent investigation prior to the time notice was given to the licensee and that such evidence was given or communicated to the licensee immediately after it was obtained.
5. The notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered or certified mail to the last-known business address of the licensee. If the licensee [be] is a salesman, the real estate division shall also notify the broker [employing him,] with whom he is associated, by mailing notice by registered or certified mail to the brokers last-known business address.
κ1975 Statutes of Nevada, Page 1554 (CHAPTER 733, SB 514)κ
6. Within 20 days [from] after service of the notice upon him, the licensee [shall] may file a verified answer to the charges with the commission. The answer shall contain an admission or denial of the [averments] allegations contained in the [charges] complaint and any defenses upon which the licensee will rely.
7. The answer may be served by the delivery of the same personally to the commission, or by mailing the answer by registered or certified mail to the principal office of the real estate division.
8. No proceeding for the suspension or revocation of any license [shall] may be maintained unless [the same] it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission; [provided:] except:
(a) That if the charges are based upon a misrepresentation, such period [shall] does not commence to run until the discovery of facts which do or should lead to the discovery of such misrepresentation; and
(b) That whenever any suit, action or proceeding is instituted to which the real estate division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke such license [shall be] is suspended during the pendency of such suit, action or proceeding.
Sec. 31 NRS 645.780 is hereby amended to read as follows:
645.780 [1. All licenses issued under the provisions of this chapter prior to May 1, 1973, shall expire at midnight on April 30, 1973.
2.] Every license issued under the provisions of this chapter [on and after July 1, 1973, shall expire] expires at midnight on the last day of the last month of a license period. A license period is a period of 12 consecutive months beginning on the first day of the first calendar month after a license is issued.
Sec. 32 NRS 645.830 is hereby amended to read as follows:
645.830 The following fees shall be charged by and paid to the real estate division:
For each real estate brokers examination............................................................ $40
For each original real estate brokers, broker-salesmans or corporate officers license 40
For each renewal real estate brokers, broker-salesmans or corporate officers license, for 1 year or fraction thereof........................................................................ 40
For each licensed real estate brokers or salesmans original license or renewal, in addition to the renewal fee, for the real estate education, research and recovery fund................................................................................................ 10
For each real estate salesmans examination......................................................... 40
For each original real estate salesmans license.................................................... 25
For each renewal real estate salesmans license, for 1 year or fraction thereof 25
For each branch office brokers license, for 1 year or fraction thereof.............. 25
For each change of name or address...................................................................... 10
For each transfer of real estate salesmans license on change of [employer] association 10 For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof.................................................................. $10
κ1975 Statutes of Nevada, Page 1555 (CHAPTER 733, SB 514)κ
For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof......................................... $10
For each reinstatement of a real estate brokers or salesmans license............. 10
For each reinstatement of a real estate brokers or salesmans license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or [broker-employer] broker with whom he is associated 20
For each change of status from broker to broker-salesman, or the reverse...... 10
For each certificate issued to an out-of-state broker licensee for a 1 year or fraction thereof............................................................................................................. 40
Sec 33. NRS 645.840 is hereby amended to read as follows:
645.840 If a licensee fails to apply for a renewal of his license prior to the date of the expiration thereof, no license [shall] may be issued to him except upon another [original application,] application for an original license, except that within 1 year of such expiration a renewal may be issued upon payment of a fee one and one-half times the amount otherwise required for renewal.
Sec. 34 NRS 645.844 is hereby amended to read as follows:
645.844 1. When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter and which cause of action arose on or after July 1, 1967, such person may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of actual damages included in the judgment and unpaid, but not more than [$10,000] $5,000 per claimant [.] and the liability of the fund shall not exceed $15,000 for any licensee.
2. A copy of the petition shall be served upon the administrator and an affidavit of such service shall be filed with the court.
3. The court shall act upon such petition within 30 days after such service and, upon the hearing thereof, the petitioner shall be required to show that:
(a) He is not the spouse of the debtor, or the personal representative of such spouse.
(b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof and the amount owing thereon at the date of the petition.
(d) A writ of execution has been issued upon such judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of such of them as were found under such execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
κ1975 Statutes of Nevada, Page 1556 (CHAPTER 733, SB 514)κ
satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
(g) He has posted a bond to guarantee costs should his application be denied, in the amount of 10 percent of the actual damages he seeks from the fund.
Sec. 35. NRS 645.848 is hereby amended to read as follows:
645.848 1. Whenever claims are filed against the fund in excess of $15,000 against a licensee, the $15,000 maximum liability of the fund for each licensee shall be distributed among the claimants in a ratio that their respective claims bear to the total of all claims, or in any other manner that the court may find equitable.
2. The distribution shall be made without regard to the order of priority in which claims were filed or judgments entered.
3. Upon petition of the administrator, the courts may require all claimants and prospective claimants to be joined in one action so that the respective rights of all claimants may be equitably determined.
4. If, at any time, the money deposited in the fund and allotted for satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the administrator shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum. Any sums received by the real estate division pursuant to NRS 645.841 to 645.8494, inclusive, shall be deposited in the state treasury and credited to the fund.
Sec. 36. NRS 645.017, 645.480, 645.557, 645.585, 645.790, 645.800, 645.810 and 645.820 are hereby repealed.
Sec. 37. Sections 3 and 12 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
Assembly Bill No. 634Assemblymen Hickey, Mann, Vergiels, Christensen, Price, Chaney, May, Moody, and Jeffery
CHAPTER 734
AN ACT relating to public utility regulation; revising penalty provisions; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.590 is hereby amended to read as follows:
704.590 1. [Any agent or person in charge of the books, accounts, records, minutes or papers of any public utility who shall refuse or fail for a period of 30 days to furnish the commission with any report required by it or who shall fail or refuse to permit any commissioner or other person authorized by the commission to inspect such books, accounts, records, minutes or papers on behalf of the commission shall be liable to a penalty in a sum of not less than $300 nor more than $500.
κ1975 Statutes of Nevada, Page 1557 (CHAPTER 734, AB 634)κ
records, minutes or papers of any public utility who shall refuse or fail for a period of 30 days to furnish the commission with any report required by it or who shall fail or refuse to permit any commissioner or other person authorized by the commission to inspect such books, accounts, records, minutes or papers on behalf of the commission shall be liable to a penalty in a sum of not less than $300 nor more than $500. The penalty shall be recovered in a civil action upon the complaint of the commission in any court of competent jurisdiction.
2. Each days refusal or failure shall be deemed a separate offense, and shall be subject to the penalty prescribed in this section.] Any public utility or any officer, agent or employee of a public utility who:
(a) Violates any of the provisions of chapters 704, 705, 708 and 711 of NRS;
(b) Violates any rule or regulation of the commission; or
(c) Fails, neglects or refuses to obey any order of the commission or any order of a court requiring compliance with an order of the commission,
is liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.
2. The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, shall be determined by a court of competent jurisdiction upon the complaint of the commission.
3. Subject to the approval of the court, any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered.
4. Any penalty assessed pursuant to this section is not a cost of service by the public utility and shall not be included in any new application by a public utility for a rate adjustment or rate increase.
Sec. 2. NRS 704.593, 704.610 and 704.620 are hereby repealed.
Sec. 3. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
________
κ1975 Statutes of Nevada, Page 1558κ
Assembly Bill No. 701Assemblymen Hayes, Demers and Brookman
CHAPTER 735
AN ACT relating to fishing licenses; providing for the issuance of special fishing permits to certain organizations and institutions; providing a penalty; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 502.077 is hereby amended to read as follows:
502.077 1. Notwithstanding any other provision of this Title, annually, the department shall issue special fishing permit badges to the administrative head of:
(a) The Nevada mental health institute;
(b) The Las Vegas mental health center;
(c) The Northern Nevada childrens home;
(d) The Southern Nevada childrens home;
(e) The Nevada youth training center;
(f) The Nevada girls training center; and
(g) Such other public or charitable institutions [providing homes for children in this state,] or organizations, as may be designated by regulations adopted by the commission, [;]
for use only by the members, patients or children [therein.] of such institutions or organizations.
2. Such permit badges shall:
(a) During the time a member, patient or child is fishing, be worn conspicuously on the front of his outer garment.
(b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, provided such person has a valid Nevada fishing license.
(c) Be issued pursuant and subject to regulations prescribed by the commission.
(d) Contain the words Nevada Special Fishing Permit and the number of the permit printed on the face of the permit badge.
3. Each institution or organization shall pay to the department an annual fee of $1 for each permit badge issued to the institution or organization pursuant to this section. Issuance of such permit badges shall not exceed 30, annually, to each institution or organization.
4. It is unlawful for any person other than a member, patient or child in one of such organizations or institutions to wear a permit badge issued by the department pursuant to this section.
________
κ1975 Statutes of Nevada, Page 1559κ
Assembly Bill No. 707Select Committee on Utilities
CHAPTER 736
AN ACT relating to public utility regulation; requiring a public utility to submit certain statements of cost when a rate hearing is held; providing for the adjustment of an increased cost of purchased fuel and power if the public utility utilizes a deferred accounting procedure; providing for rate increase requests more frequently than every 6 months in certain circumstances; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 704.110 is hereby amended to read as follows:
704.110 1. Whenever there [shall be] is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission [shall have, and it is hereby given, authority,] may, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, [to] enter upon an investigation or, upon reasonable notice, [to] enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending such investigation or hearing and the decision thereon, the commission, upon delivering to the utility or utilities affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12-month period. During any hearing concerning such increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the most recent 12 consecutive months for which data are available at the time of filing, adjusted for any increased investment in facilities, certain expenses as approved by the commission and costs of new securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of the actual 12-month results of operations; but no new rates, fares or charges may be placed into effect until such changes have been experienced and certified by the utility to the commission. Within 90 days after the filing with the commission of the certification required herein, or before the expiration of any suspension period ordered herein pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to such rates, fares or charges as may be required by this chapter.
κ1975 Statutes of Nevada, Page 1560 (CHAPTER 736, AB 707)κ
subsection 2, whichever time is longer, the commission shall make such order in reference to such rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with commission regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance if the public utilitys rate of return is in excess of the rate of return most recently granted the public utility.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A public utility which purchases fuel, including natural gas for resale, or power may record upon its books and records all cost increases or decreases in such fuels or purchased power in deferred accounts. Any public utility which utilizes deferred accounting to reflect changes in costs of fuels and purchased power shall include in its annual report to the commission a statement showing the allocated rate of return for each of its operating departments in Nevada which uses such deferred accounting.
2. If the rate of return for any department using deferred accounting is greater than the rate of return allowed by the commission in the last rate proceeding, the commission shall order the utility which recovered any deferred fuel and purchased power costs through rates during the reported period to refund that portion of such recovered amounts which exceeds the authorized rate of return.
Sec 3. This act shall become effective upon passage and approval.
________
κ1975 Statutes of Nevada, Page 1561κ
Assembly Bill No. 375Assemblymen Robinson, Howard, Jacobsen, Harmon, Demers, Mann, Price, Hickey, Vergiels, Lowman, Wittenberg and Ashworth
CHAPTER 737
AN ACT relating to planning and zoning; revising provisions relating to subdivisions; making special provisions for parcel maps; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.5, inclusive, of this act.
Sec. 2. 1. If, in the opinion of the county surveyor, the errors or omissions discovered in a recorded subdivision plat, record of survey, reversionary map or parcel map are of a minor nature and the correction does not change or purport to change the physical location of any survey monument, property line or boundary line, he may allow a certificate of amendment to be filed and recorded.
2. The certificate of amendment shall:
(a) Be entitled Certificate of Amendment and be in the form of a letter to the county surveyor.
(b) Specify the title and recording data of the map being amended.
(c) Be concise and definite.
(d) Set forth the data being amended and the correction or omission.
(e) Set forth the names and last-known addresses of all record fee owners of property affected by the amendment.
(f) Be dated, signed and sealed by the surveyor
(g) Contain the following certificate at the end thereof:
I hereby certify that I have examined the certificate of amendment and that the changes to the original map specified therein are provided for in NRS 278.010 to 278.630, inclusive, and sections 2 to 5, inclusive, of this act and local ordinances adopted pursuant thereto and I am satisfied that this certificate of amendment will amend the map so that it is technically correct.
This last certificate shall be dated and signed by the county surveyor.
3. A certificate of amendment may be prepared and filed for recording by the county surveyor.
4. The certificate of amendment shall not be recorded prior to the approval of the county surveyor.
Sec. 3. Upon the recording of an amended plat, survey or map or certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original subdivision plat, record or survey, reversionary map or parcel map being amended.
Sec. 3.5. Any person who divides land into lots, parcels, sites, units or plots of land, each of which comprises 40 or more nominal acres of land, including roads and roadway easements, shall, prior to any sale of such land, file in the office of the county recorder in which the land is located a map which illustrates the proposed division of land, including standard roadway easements across the land to be sold for ingress to and egress from each parcel. A copy of the map shall be filed with the governing body and the real estate division of the department of commerce.
κ1975 Statutes of Nevada, Page 1562 (CHAPTER 737, AB 375)κ
and the real estate division of the department of commerce. The map need not be based upon a current survey but shall refer to the government survey of such land. The area of roadway easements for ingress and egress to and from each parcel as shown by the map shall be deemed to be a continuing dedication thereof to the governing body, which at its option, at any time, may accept such easements.
Sec 4. A parcel map shall be based on a survey made for that purpose, unless this requirement is waived by the same authority by which the requirement of filing a parcel map may be waived. The requirement of a survey may be waived if, in the judgment of the waiving authority, a survey is not required to accomplish the purposes of NRS 278.010 to 278.630, inclusive.
Sec 5. Approval of a subdivision map or parcel map pursuant to the provisions of NRS 278.010 to 278.560, inclusive, does not in itself prohibit the further division of the lots, parcels, sites, units or plots described, but any such further division must conform to the applicable provisions of those sections.
Sec 5.5. Subdivider of land includes, in addition to the meaning ascribed to it in NRS 278.010, any person who divides land into two or more lots whose area is less than 40 acres, except for agricultural purposes.
Sec 6. NRS 278.010 is hereby amended to read as follows:
278.010 1. For the purpose of NRS 278.010 to 278.630, inclusive:
(a) Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
(b) Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
(c) Commission means the planning commission of the city, the county or the region, as established by ordinance.
(d) County surveyor means a person appointed as such or a person designated by a board of county commissioners of the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
(e) Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which map is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
[(e)] (f) Governing body means the city council or the board of county commissioners or, in the case of Carson City, the board of supervisors.
[(f)] (g) Improvement means only such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.
[(g)] (h) Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions. A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.
κ1975 Statutes of Nevada, Page 1563 (CHAPTER 737, AB 375)κ
copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.
[(h)] (i) Parcel map means a map prepared as provided in NRS 278.500 [to 278.560, inclusive, and conforming to the provisions therein.] and 278.510.
[(i)] (j) Right-of-way includes all public and private rights-of-way and shall include all areas required for public use in accordance with any master plan or parts thereof.
[(j)] (k) Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights-of-way, and other ways.
[(k)] (l) Subdivider means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.
[(l) Subdivision refers to any land or portion thereof subject to the provisions of NRS 278.010 to 278.630, inclusive.] (m) Subdivision is defined in NRS 278.320.
[(m)] (n) Tentative map means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.
2. Whenever appropriate, the singular includes the plural and the plural includes the singular.
Sec. 7. NRS 278.320 is hereby amended to read as follows:
278.320 1. Subdivision means any land, vacant or improved, which is divided or proposed to be divided into [two] five or more lots, parcels, sites, units [,] or plots, [separate interests or interests in common,] for the purpose of any transfer, development or any proposed transfer or development [;] unless exempted [under subparagraphs (a) or (b).] by one of the following provisions:
(a) The term subdivision does not apply to any division of land which creates lots, parcels, sites, units or plots of land, each of which [comprise] comprises 40 or more nominal acres of land [,] in counties having a population of less than 200,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, or each of which comprises 10 or more nominal acres of land in counties having a population of 200,000 or more as determined by such census, including roads and roadway easements.
(b) Unless a method of disposition is adopted for the purpose of evading this chapter, the term subdivision does not apply to any division of land:
(1) [Which creates lots, parcels, sites, units, or plots of land such that the land area of each of the lots, parcels, sites, units, or plots, when divided by the number of interests in every such lot, parcel, site, unit or plot results in 36 or more acres, exclusive of roads and roadway easements, per interest;
(2)] Which is created by order of any court in this state or by operation of law;
[(3)] (2) Which is created by a lien, mortgage, deed of trust or any other security instrument;
κ1975 Statutes of Nevada, Page 1564 (CHAPTER 737, AB 375)κ
[(4)] (3) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;
[(5)] (4) Which creates cemetery lots;
[(6)] (5) Which creates an interest or interests in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property;
[(7)] (6) Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons who are related to each other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property, or as tenants in common. Any such interest shall be deemed for purposes of this subsection, as only one interest.
(7) Containing not more than four lots, parcels, sites, units or plots.
2. [For subdivisions containing not more than four lots, parcels, sites, plots or interests, there shall be filed a parcel map pursuant to the provisions of NRS 278.500 to 278.560, inclusive.
3.] The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:
(a) Such land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 of NRS which is an immediate successor in title to a railroad company, and such land was in the past used in connection with any railroad operation; and
(b) Other persons now permanently reside on such land.
[4.] 3. Nothing contained herein shall apply to the division of land for agricultural purposes, in parcels of more than 10 acres, not involving any street, road, or highway opening or widening or easements of any kind.
Sec. 7.3. NRS 278.497 is hereby amended to read as follows:
278.497 As used in NRS 278.4971 to 278.4987, inclusive, and section 5.5 of this act, the words and terms defined in NRS 278.4971 to 278.4977, inclusive, and section 5.5 of this act have the meanings ascribed to them in those sections, unless the context otherwise requires.
Sec. 7.6. NRS 278.4987 is hereby amended to read as follows:
278.4987 1. The requirement for dedication of land under NRS 278.4979 to 278.4981, inclusive, and the imposition of the residential construction tax under NRS 278.4983, are mutually exclusive as to any particular subdivision, apartment house, mobile home lot or residential dwelling unit which may be benefited or affected by any such requirement or imposition.
2. Any city council or board of county commissioners determining to provide park or playground facilities unde4r the provisions of NRS 278.497 to 278.4987, inclusive, and section 5.5 of this act shall elect, for any one period, to follow only one of the procedures provided in these sections.
Sec. 8. NRS 278.500 is hereby amended to read as follows:
278.500 1. [If the subdivision contains not more than four lots the subdivider, before proceeding with the sale of any part of the subdivision, shall file, in the office of the county recorder, a parcel map.
κ1975 Statutes of Nevada, Page 1565 (CHAPTER 737, AB 375)κ
2. In this event, the] A person who proposes to divide any land into four or fewer lots any of which has a nominal area of less than 40 acres, or, in a county whose population is 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, into 5 or more lots whose nominal area is 10 acres or more but less than 40 acres including roads and roadway easements, shall file a parcel map in the office of the county recorder, unless this requirement is waived. No survey may be required if the requirement of a parcel map is waived.
2. The governing body may require such street grading [and surfacing] and drainage provisions as are reasonably necessary for lot access [and local neighborhood traffic] and drainage needs. It may also require such lot design [,] as is reasonably necessary and such offsite access, street alignment, surfacing and width, water quality, water supply and sewerage provisions as are reasonably necessary [.] and consistent with the existing development of adjacent property.
3. [The construction of any of these improvements may be accomplished as provided in accordance with the provisions of NRS 278.010 to 278.630, inclusive.
4. The following certificates shall appear on a parcel map:
(a)] A certificate for execution by the director of the planning department or clerk of [each approving] the appropriate governing body shall appear on each parcel map stating that the body [approved the map for subdivision purposes.] or department approves the map for purposes of land division.
[(b) A certificate by the engineer or surveyor responsible for the parcel map giving the date of the survey on which the map is based, and stating that the survey was made by him or under his direction and setting forth the name of the owner who authorized him to make the survey, and that the parcel map is true and complete as shown. This certificate shall also state that the monuments are of the character and occupy the positions indicated or that they will be set in such positions and at such time as is agreed upon under the provisions of NRS 278.010 to 278.630, inclusive. This certificate shall also state that the monuments are or will be sufficient to enable the survey to be retraced.
(c) A certificate prepared in accordance with subsection 4 of NRS 278.420.]
4. The governing body shall, in any city or county having a planning department or planning personnel, give the planning director or other designated representative of the planning department the authority to approve a parcel map, or waive the requirement of a parcel map or survey for a parcel map, without further action by the planning commission or the governing body. The planning department, or the governing body where no planning department or planning personnel exist, shall review the parcel map if required and within 45 days after filing shall approve, conditionally approve or disapprove such map, unless the time is extended by agreement with the applicant.
If the applicant disagrees with any decision of the planning department concerning the parcel map, or if the map is disapproved, the applicant has 30 days in which to file an appeal with the planning commission. The planning commission shall make a determination within 45 days from the date the appeal was filed.
κ1975 Statutes of Nevada, Page 1566 (CHAPTER 737, AB 375)κ
planning commission shall make a determination within 45 days from the date the appeal was filed.
If the planning commission denies the appeal, the applicant has 30 days in which to file an appeal with the governing body. The governing body shall make a final determination within 45 days from the date the appeal was filed.
5. A parcel map is not required when the land division is for the express purpose of:
(a) Creation or realignment of a right-of-way.
(b) Creation or realignment of an easement.
(c) An amendment or certificate of amendment under NRS 278.491 to 278.494, inclusive, and sections 3 and 4 of this act.
(d) Adjustment of the boundary line or the transfer of land between two adjacent property owners which does not result in the creation of any additional parcels.
(e) Purchase, transfer or development of space within an apartment building or an industrial or commercial building.
6. When two or more separate lots, parcels, sites, units or plots of land are purchased, they shall remain separate for the purposes of NRS 278.500, 278.550, 278.590 and 278.630. When such lots, parcels, sites, units or plots are resold or conveyed they shall be exempt from the provisions of NRS 278.010 to 278.630, inclusive.
Sec. 9. NRS 278.510 is hereby amended to read as follows:
278.510 1. The parcel map shall be legibly drawn in black waterproof india ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. [, the size and border of which shall conform to the requirements for final maps.
2. The] The size of each sheet shall be 24 by 32 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
2. If a survey is required, the map shall show:
(a) All monuments found, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto.
(b) Bearing or witness monuments, basis of bearings, bearing and length of lines and scale of map.
(c) Name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts.
(d) Memorandum of oaths.
(e) Signature of surveyor.
(f) Date of survey.
(g) [Name of person or persons for whom the survey on which the map is based was made.
(h)] Signature of the owner or owners of the land to be divided;
(h) Any easements granted or dedications made; and
(i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
3. If a survey is not required, the map shall show:
(a) By appropriate reference to the existing information on which it is based, the tract to be divided and the resulting lots;
κ1975 Statutes of Nevada, Page 1567 (CHAPTER 737, AB 375)κ
(b) The means of access to the several lots;
(c) The signature of the owner or owners of the land to be divided;
(d) Any easements granted or dedications made; and
(e) Any other data necessary for intelligent interpretation of the division and access.
4. If a survey is not required for the preparation of a parcel map, the map must be prepared by a registered land surveyor, but his certificate upon the map may include substantially the following:
This map was prepared from existing information (identifying it and stating where filed or recorded), and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior document.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 278.560 is hereby amended to read as follows:
278.560 1. Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation or facile reestablishment of any point or line of the survey. [on which the parcel map is based.]
2. Any monument set by a registered land surveyor [or registered civil engineer] to mark or reference a point on a property or landline shall be permanently and visibly marked or tagged with the certificate number of the surveyor or civil engineer setting it, each number to be preceded by the letters R.L.S. [or R.E., respectively, as the case may be,] or if the monument is set by a public officer, it shall be marked with his official title.
Sec. 12. NRS 278.590 is hereby amended to read as follows:
278.590 1. It is unlawful for any person to offer to sell, to contract to sell, to sell or to transfer any subdivision or any part thereof, or land divided pursuant to NRS 278.500, until the final map or parcel map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and any local ordinance has been duly recorded in the office or the recorder of the county in which any portion of the subdivision or land divided is located.
2. Any offer to sell, contract to sell, sale or transfer contrary to the provisions of NRS 278.010 to 278.630, inclusive, is a misdemeanor. Nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, firm or corporation may otherwise be entitled, and any such municipality or other political subdivision or person, firm or corporation may file suit in the district court of the county in which any property attempted to be [subdivided] divided or sold in violation of NRS 278.010 to 278.630, inclusive, is located to restrain or enjoin any attempted or proposed [subdivision] division or sale in violation of NRS 278.010 to 278.630, inclusive.
Sec. 13 NRS 278.630 is hereby amended to read as follows:
278.630 1. When there is no final map or parcel map as required by the provisions of NRS 278.010 to 278.630, inclusive, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessors office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.
κ1975 Statutes of Nevada, Page 1568 (CHAPTER 737, AB 375)κ
of the county assessors office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.
2. Upon receipt of the report the governing body shall cause an investigation to be made by the district attorneys office, when such lands are within an unincorporated area, or by the city attorney when within a city, the county recorder, any planning commission having jurisdiction over the lands in question, and the real estate division of the department of commerce.
3. If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, with respect to the [subdivision] division of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of NRS 278.010 to 278.630, inclusive, the district attorney of each county in this state shall prosecute all violations of the provisions of NRS 278.010 to 278.630, inclusive, in respective counties in which the violations occur.
Sec. 14 NRS 119.120 is hereby amended to read as follows:
119.120 1. The provisions of this chapter [shall not apply to any property for which an exemption is provided pursuant to NRS 278.320,] do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, [and unless the method of disposition is adopted for such purpose,] upon notification to the division by the person electing to be exempt under this subsection, [this chapter shall not apply] to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:
(a) By a purchaser of any subdivision lot, parcel, interest or unit thereof for his own account in a single or isolated transaction.
(b) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size. For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision shall be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.
(c) [Notwithstanding the provisions of chapter 278 or NRS, if] If each lot, parcel, interest or unit being offered or disposed of in any subdivision is [in excess of] 40 acres or more, including roadways and easements, but not more than 80 acres in [net] size, so long as the form and content of the advertising to be used is filed and approved in compliance with subsection 7 of NRS 119.180. The size of undivided interest shall be computed as provided in paragraph (b) of this subsection.
(d) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition.
(c) By any person licensed in the State of Nevada to construct residential buildings and where such land being offered or disposed of is to include a residential building when disposition is completed.
(f) Pursuant to the order of any court of this state.
κ1975 Statutes of Nevada, Page 1569 (CHAPTER 737, AB 375)κ
(g) By any government or government agency.
(h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.
(i) To securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.
(j) To cemetery lots.
2. Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter shall not apply to the sale or lease of real estate which is free and clear of all liens, encumbrances and adverse claims if each and every purchaser or his or her spouse has personally inspected the lot which he purchased and if the developer executes written affirmation to that effect to be made a matter of record in accordance with rules and regulations of the administrator of the division. As used in this subsection, the terms liens, encumbrances and adverse claims are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property which before they are due and payable.
3. The division may from time to time, pursuant to rules and regulations issued by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to such subdivision or lots, parcels, units or interests is not necessary in the public interest and for the protection of purchasers.
4. Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, shall be subject to all of the requirements of this chapter, except that such subdivision may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.
Sec. 15. The requirement of section 3.5 of this act does not apply to any division of land with respect to which the form and content of advertising was filed with the real estate division of the department of commerce before July 1, 1975, in compliance with NRS 119.120 and 119.180.
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κ1975 Statutes of Nevada, Page 1570κ
Assembly Bill No. 84Assemblymen Wagner, Murphy, Heaney, Weise, Coulter, Benkovich, Wittenberg, Vergiels and Ford
CHAPTER 738
AN ACT relating to elections; revising limits on legislative campaign expenses for the primary and general elections; clarifying provisions relating to violations of such limitation; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 218.032 is hereby amended to read as follows:
218.032 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;] $12,500; or
(2) [Fifty] Eighty 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.
(b) Of any candidate for the office of state assemblyman shall not exceed the greater of:
(1) [$15,000;] $7,500; or
(2) [Fifty] Eighty 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 contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other [expenses intended] expenditures contracted for or made 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] Beginning with the opening of filing and continuing to the primary election. [; and]
(b) After the primary election and [up] continuing to the general election.
3. If it appears to the secretary of state that the provisions of this section have been violated, he shall report the alleged violation:
(a) To the attorney general in the case of a candidate in a district which includes territory in more than one county; and
(b) To the appropriate district attorney in the case of a candidate in a district which includes territory in only one county,
and the attorney general or district attorney to whom such report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.
4. Any candidate who knowingly and willfully exceeds the limitations upon campaign expenses prescribed in this section is guilty of a gross misdemeanor.
Sec. 2. Section 8 of S.B. 335 of the 1975 session is hereby repealed.
Sec. 3. 1. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1975.
κ1975 Statutes of Nevada, Page 1571 (CHAPTER 738, AB 84)κ
2. Section 1 of this act shall become effective at 12:02 a.m. on July 1, 1975.
________
Assembly Bill No. 27Assemblymen Dreyer, Lowman, Hayes, Craddock and Demers
CHAPTER 739
AN ACT transferring the licensing of dealers, manufacturers, rebuilders and salesmen of mobile homes from the department of motor vehicles to the state fire marshal division of the department of commerce; providing penalties; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto provisions set forth as sections 2 to 18.3, inclusive, of this act.
Sec. 2. Dealer means any person who:
1. For compensation, money or other things of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a mobile home subject to the requirements under this chapter or induces or attempts to induce any person to buy or exchange an interest in a mobile home;
2. Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any mobile home; or
3. Is engaged wholly or in part in the business of selling mobile homes or buying or taking in trade mobile homes for the purpose of resale, selling, or offering for sale or consignment to be sold or otherwise dealing in mobile homes, whether or not such mobile homes are owned by such persons.
Sec. 3. 1. Established place of business means an enclosed building or structure owned either in fee or leased with sufficient space to conduct the business of the dealer and large enough to accommodate the office or offices of the dealer and to provide a safe place to keep the books and other records of the business of such dealer, at which site or location the principal portion of such dealers business shall be conducted.
2. The books and records of a dealer shall be kept and maintained at the dealers established place of business and shall be open to inspection during usual business hours by any authorized agent of the division or the State of Nevada.
Sec. 4. Manufacturer means every person engaged in the business of manufacturing mobile home or recreational vehicles.
Sec. 5. New mobile home or recreational vehicle means a mobile home or recreational vehicle that has never been sold at retail or occupied either prior to or after sale for the purpose intended by the manufacturer and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country.
κ1975 Statutes of Nevada, Page 1572 (CHAPTER 739, AB 27)κ
Sec. 6. New mobile home dealer means any mobile home dealer licensed under the provisions of this chapter who has a franchise, in form approved by the division, from a manufacturer of mobile homes to sell new mobile homes and who is engaged in the business of selling or exchanging new or new and used mobile homes.
Sec. 7. 1. Rebuilder means a person engaged in the business of reconstructing mobile homes or recreational vehicles by the alteration, addition or substitution of substantial or essential parts.
2. Nothing in this section shall be construed to require any licensed new or used mobile home or recreational vehicles dealer to secure a license as a rebuilder in conjunction with rebuilding in his own facilities.
Sec. 8. Salesman means any person employed by a mobile home dealer or rebuilder, under any form of contract or arrangement to sell, exchange, buy, or offer for sale, or exchange an interest in a mobile home or travel trailer to any person, and who receives or expects to receive a commission, fee or any other consideration from either the seller or purchaser of such mobile home or travel trailer.
Sec. 9. Used mobile home means a mobile home that has been:
1. Sold, rented or leased and that has been occupied prior to or after such sale, rental or lease; or
2. Registered with the appropriate agency of authority of any other state, the District of Columbia, or any territory or possession of the United States or foreign state, province or country.
Sec. 10. Used mobile home dealer means any mobile home dealer who is:
1. Engaged in the business of purchasing or exchanging used mobile homes for the purpose of resale; or
2. Licensed as a used mobile home dealer under the provisions of this chapter.
Sec. 11. 1. No person may engage in the business of a new or used mobile home dealer, manufacturer or rebuilder in this state, or be entitled to any other license or permit required by this chapter or chapter 482 of NRS until he has applied for and has been issued a dealers, manufacturers or rebuilders license certificate by the division.
2. The division shall investigate any applicant for a dealers, manufacturers or rebuilders license and complete an investigation report on a form provided by the division.
Sec. 12. 1. Applications for a manufacturers, dealers or rebuilders license shall be filed upon forms supplied by the division, and the applicant shall furnish:
(a) Such proof as the division may deem necessary that the applicant is a manufacturer, dealer or rebuilder.
(b) Such proof as the division may require that the applicant has an established place of business for the sale and display of mobile homes in the state.
(c) In the case of a dealer of new mobile homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.
(d) A good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violations of the provisions of this chapter and chapter 482 of NRS:
κ1975 Statutes of Nevada, Page 1573 (CHAPTER 739, AB 27)κ
of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violations of the provisions of this chapter and chapter 482 of NRS:
(1) The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter or chapter 482 of NRS by the salesman of any licensed dealer or rebuilder acting for the dealer or rebuilder on his behalf and within the scope of the employment of such salesman.
(2) The bond shall provide that any person injured by the action of the dealer, rebuilder or salesman in violation of any provisions of this chapter or chapter 482 of NRS may bring an action on the bond.
(e) A reasonable fee fixed by the state fire marshal pursuant to the provisions of the Nevada Administrative Procedure Act.
(f) Such additional requirements as the division may from time to time prescribe by regulation.
2. Upon receipt of such application and when satisfied that the applicant is entitled thereto, the division shall issue to the applicant a dealers, manufacturers or rebuilders license certificate containing the applicants name and the address of his fixed place of business. Such license expires on December 31 of each year.
Sec. 13. 1. No mobile home dealer or rebuilder may intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, manufactured, handled or furnished to the public.
2. The division, after hearing, may adopt such rules and regulations as may be necessary for making the administration of this section effective. Such rules and regulations shall become effective upon such approval by the legislative commission as my be provide by law.
Sec. 14. 1. The division may deny the issuance of or revoke a manufacturers, dealers or rebuilders license upon any of the following grounds:
(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) Failure or refusal to furnish and keep in force any bond.
(f) Failure on the part of such licensee to maintain a fixed place of business in this state.
(g) 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 mobile home or out of any fraud committed in connection with the sale of any mobile home.
(h) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
2. The division 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 division is satisfied that the applicant or licensee is not entitled to thereto.
κ1975 Statutes of Nevada, Page 1574 (CHAPTER 739, AB 27)κ
Sec. 15. 1. The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the commission in writing for a hearing.
2. Upon filing the petition, a date for hearing shall be fixed, and the applicant or licensee shall have the right to be present at the hearing and testify in his own behalf and to have such other persons as he desires present and testify at the hearing.
3. Within 10 days after the hearing, the commission shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.
4. Notwithstanding the provisions of subsections 1 to 3, inclusive, the commission may, if it finds that the action is necessary in the public interest, upon notice to the licensee, temporarily suspend or refuse to renew the license certificate. In any such case a hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.
Sec. 16. 1. If the application or license is denied or revoked, the applicant or licensee may, within 30 days from the date of denial or revocation, appeal to the district court of Carson City or of the county of his principal place of business.
2. The action shall be tried as other civil actions, and shall be conducted as a trial de novo.
Sec. 17. 1. No person shall engage in the activity of a mobile home salesman in the State of Nevada without first having received a license from the division. Before issuing a license to engage in the activity of a salesman, the division shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded mobile home dealer or rebuilder at the time such application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a reasonable nonrefundable license fee established pursuant to the Nevada Administrative Procedure Act. Such licenses shall expire on December 31 of each year.
(e) Such other information as the division may deem necessary.
2. A salesmans license may be denied or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the division that he is employed by a licensed and bonded mobile home dealer or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter or chapter 482 of NRS.
(d) Falsification of the application.
(e) Any reason determined by the division to be in the best interests of the public.
κ1975 Statutes of Nevada, Page 1575 (CHAPTER 739, AB 27)κ
3. A mobile home salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed mobile home dealer or rebuilder.
4. A salesmans license issued hereunder may be transferred to another mobile home dealer or rebuilder upon application and the payment of a transfer fee of $2. However, when a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.
5. A salesmans license must be posted in a conspicuous place on the premises of the mobile home dealer or rebuilder for whom he is licensed to sell mobile homes.
6. In the event that a salesman ceases to be employed by a licensed and bonded mobile home dealer or rebuilder, his license to act as a salesman shall be automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded mobile home dealer or rebuilder. Every licensed salesman shall report in writing to the division every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.
Sec. 17.5. 1. Denial of application for or revocation of a salesmans license may be appealed to the commission within 30 days after receipt of the notice of denial or revocation.
2. The procedure shall be that provided in section 15 of this act.
Sec. 18. Unless otherwise provided by NRS, any person violating any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 18.3. It is unlawful for any person to sell any new mobile home or recreational vehicle in this state unless he is a franchised dealer.
Sec 19. NRS 477.030 is hereby amended to read as follows:
477.030 1. The state fire marshal shall enforce all laws and make rules and regulations relating to:
(a) Fire prevention.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
κ1975 Statutes of Nevada, Page 1576 (CHAPTER 739, AB 27)κ
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of rules and regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of the directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall be responsible for the administration of the provisions of chapter 489 of NRS.
6. The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.
Sec. 20. (Deleted by amendment.)
Sec. 21. (Deleted by amendment.)
Sec. 22. NRS 482.322 is hereby amended to read as follows:
482.322 1. Except as provided in section 1 of [this act,] Assembly Bill No. 615 of the 58th session of the legislature, no person may engage in the activities of a new or used vehicle dealer, manufacturer or rebuilder in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealers, manufacturers, rebuilders or lessors license certificate or other license or permit required by the department.
2. A new or used vehicle dealers, manufacturers or rebuilders license issued pursuant to this chapter shall not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.
3. The department shall investigate any applicant for a dealers, manufacturers, rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the department.
Sec. 23. NRS 482.330 is hereby amended to read as follows:
482.330 1. Upon issuance of [the] a dealers, manufacturers or rebuilders license certificate [,] pursuant to NRS 482.322 or upon the issuance of a new or used mobile home dealers, manufacturers or rebuilders license pursuant to chapter 489 of NRS, the department shall [also] furnish to the manufacturer, dealer or rebuilder one or more registration certificates and special plates for use on vehicles which come within the provisions of NRS 482.320. Every such plate shall have displayed upon it the identification number which is assigned to the dealer, manufacturer or rebuilder, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates. Such manufacturer, dealer or rebuilder license plates may be used interchangeably on such vehicle.
2. The department shall by regulation determine the number of manufacturer, dealer or rebuilder license plates to which each manufacturer, dealer or rebuilder is entitled, which, in the case of a dealer, shall be at least three more than the number of salesmen in this employ.
κ1975 Statutes of Nevada, Page 1577 (CHAPTER 739, AB 27)κ
3. The department may also provide by regulation for the issuance to dealers or rebuilders of special license plates and for the number of such plates for use on vehicles loaned by such dealers or rebuilders to customers in the course of business. Such regulations, if adopted, shall provide what use may be made of such plates.
Sec. 24. NRS 482.353 is hereby amended to read as follows:
482.353 1. The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the director in writing for a hearing.
2. Upon filing the petition, a date for hearing shall be fixed, and the applicant or licensee shall have the right to be present at the hearing and testify in his own behalf and to have such other persons as he desires present and testify at the hearing.
3. Within 10 days after the hearing, the director shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.
4. Notwithstanding the provisions of subsections 1 to 3, inclusive, the department may, if the director finds that the action is necessary in the public interest, upon notice to the licensee temporarily suspend or refuse to renew the license certificate issued to a manufacturer, dealer or rebuilder pursuant to NRS 482.322, and the special plates issued to a manufacturer or dealer pursuant to NRS 482.330, for a period not to exceed 30 days. In any such case a hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.
Sec. 25. NRS 482.362 is hereby amended to read as follows:
482.362 1. Except as provided in section 1 of [this act,] Assembly Bill No. 615 of the 58th session of the legislature, no person [shall] may engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer or rebuilder at the time such application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of $5 per year. Such licenses shall expire on December 31 of each calendar year.
(e) Such other information as the department may deem necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
3. A vehicle, trailer or semitrailer salesmans license issued pursuant to this chapter shall not permit a person to engage in the business of a mobile home salesman.
[3.] 4. A salesmans license may be denied or revoked upon the following grounds:
κ1975 Statutes of Nevada, Page 1578 (CHAPTER 739, AB 27)κ
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be in the best interests of the public.
[4.] 5. A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed dealer or rebuilder.
[5.] 6. A salesmans license issued hereunder may be transferred to another dealer or rebuilder upon application and the payment of a transfer fee of $2. However, when a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.
[6.] 7. A salesmans license must be posted in a conspicuous place on the premises of the dealer or rebuilder for whom he is licensed to sell vehicles.
[7.] 8. In the event that a salesman ceases to be employed by a licensed and bonded dealer or rebuilder, his license to act as a salesman shall be automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded dealer or rebuilder. Every licensed salesman shall report in writing to the department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.
[8.] 9. Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.
Sec. 26. NRS 482.363 is hereby amended to read as follows:
482.363 1. Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325 [,] or mobile home dealer licensed under the provisions of section 12 of this act who engages in the leasing of vehicles in this state as a long-term or short-term lessor, shall:
(a) Secure a license from the department to conduct such leasing business;
(b) Post a bond;
(c) Furnish the department with such other information as may be required;
(d) Comply with the terms and conditions of this chapter which apply to vehicle dealers; and
(e) Pay a fee of $25.
2. Any person employed by a long-term lessor licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services, and any person employed by a short-term lessor who sells, offers or displays for sale or exchange vehicles which are owned by such short-term lessor shall, before commencing operations, and annually thereafter:
κ1975 Statutes of Nevada, Page 1579 (CHAPTER 739, AB 27)κ
owned by such short-term lessor shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the same terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
3. Licenses issued pursuant to subsection 1 shall expire on December 31 of each year. Prior to December 31 of each year, licensees shall furnish the department with an application for renewal of such license accompanied by an annual fee of $25. The renewal application shall be provided by the department and shall contain information required by the department.
4. The provisions of NRS 482.352, relating to the denial, revocation or suspension of dealers or rebuilders licenses, shall apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation and transfer of vehicle salesmens licenses, shall apply to licenses issued pursuant to the provisions of subsection 2.
Sec. 27. NRS 489.031 is hereby amended to read as follows:
489.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.041 to 489.150, inclusive, and sections 2 to 10, inclusive, of this act, have the meanings ascribed to them in such sections.
Sec. 28. NRS 489.120 is hereby amended to read as follows:
489.120 Mobile home means a vehicular structure which is:
1. Built on a chassis or frame;
2. Designed to be used with or without a permanent foundation;
3. Capable of being drawn by a motor vehicle; and
4. Used as a dwelling when connected to utilities.
5. Used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services. It includes a commercial or trailer coach, which is a vehicle, with or without motive power, designed and equipped for human occupancy or for industrial, professional or commercial purposes.
Sec. 29. NRS 489.170 is hereby amended to read as follows:
489.170 1. The initial members of the commission shall hold office, one for 1 year, one for 2 years, one for 3 years and two for 4 years. Thereafter, each member shall serve for a term of 4 years.
2. Three of the five members shall be persons licensed pursuant to [chapter 482 of NRS] this chapter as [travel trailer or] mobile home dealers or manufacturers. One member shall be from the general public, and one member shall be from a fire service unit of any county or municipal government in the State of Nevada.
3. A member shall not serve for more than 8 consecutive years, after which time such person is ineligible for membership for 3 years after any period of previous service. When a successor is appointed to fill the balance of any unexpired term of a member, the time served by the successor is not computed in the 8 years consecutive service unless the balance of the unexpired term exceeds 18 months.
Sec. 29.5. NRS 489.260 is hereby amended to read as follows:
κ1975 Statutes of Nevada, Page 1580 (CHAPTER 739, AB 27)κ
489.260 1. The commission shall assist the division in promulgating reasonable rules and regulations to administer the provisions of this chapter. The commission shall also furnish current information regarding any change in the American Standards pertaining to the construction of mobile homes and travel trailers.
2. Any rules, regulations or changes affecting the standards for heating, plumbing, electrical systems, body and frame design and construction requirements of mobile homes or travel trailers shall be approved by the commission before such rules, regulations or changes are accepted to become effective.
3. The commission shall hear appeals brought under sections 15 and 17 of this act.
Sec. 30. All licenses of mobile home or travel trailer dealers, manufacturers, rebuilders or salesmen in force on July 1, 1975, shall remain in force until their expiration date subject to the provisions of sections 2 to 29, inclusive, of this act.
Sec. 31. The department of motor vehicles shall offer the facilities and experience of its office in aid of an effective and orderly transfer of certain administrative responsibilities under chapter 482 of NRS, to the office of the state fire marshal division as provided by this act.
Sec. 32. 1. Section 31 of this act and this section shall become effective upon passage and approval.
2. Sections 1 to 18.3, inclusive, sections 22 to 24, inclusive, and sections 26 to 30, inclusive, of this act shall become effective on July 1, 1975. Section 19 of this act shall become effective on July 1, 1975, at 12:01 a.m., section 22 of this act shall become effective at 12:02 a.m. on July 1, 1975, and section 25 of this act shall become effective at 12:03 a.m. on July 1, 1975.
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Assembly Bill No. 97Assemblymen Barengo and Bremner
CHAPTER 740
AN ACT relating to murder; narrowing the definition of capital murder.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 200.030 is hereby amended to read as follows:
200.030 1. Capital murder is murder which is perpetrated by:
(a) Killing a peace officer or fireman:
(1) While such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity; and
(2) With knowledge that the victim is or was a peace officer or fireman.
For purposes of this paragraph peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation and narcotics division of the department of law enforcement assistance, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, and the warden, deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison.
κ1975 Statutes of Nevada, Page 1581 (CHAPTER 740, AB 97)κ
of law enforcement assistance, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, and the warden, deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison.
(b) A person who is under sentence of life imprisonment without possibility of parole
(c) Executing a contract to kill. For purposes of this paragraph contract to kill means an agreement, with or without consideration, whereby one or more of the parties to the agreement commits murder. All parties to a contract to kill are guilty as principals.
(d) Use or detonation of a bomb or explosive device.
(e) Killing more than one person willfully, deliberately and with premeditation as the result of a [common] single plan, scheme or design.
2. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of rape, kidnapping, arson, robbery, burglary or sexual molestation of a child under the age of 14 years; or
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.
As used in this subsection, sexual molestation is any willful and lewd or lascivious act, other than acts constituting the crime of rape, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
3. Murder of the second degree is all other kinds of murder.
4. The jury before whom any person indicted for murder is tried shall, if they find such person guilty thereof, designate by their verdict whether such person is guilty of capital murder or murder of the first or second degree.
5. Every person convicted of capital murder shall be punished by death.
6. Every person convicted of murder of the first degree shall be punished by imprisonment in the state prison for life with or without possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
7. Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
Sec. 2. This act shall become effective upon passage and approval.
__________
κ1975 Statutes of Nevada, Page 1582κ
Assembly Bill No. 219Assemblymen Ford, Banner, Benkovich, Jeffrey, Mann, Moody, Hayes, Lowman, Price, Wagner, Barengo and Schofield
CHAPTER 741
AN ACT relating to employees in private employment; making certain provisions on wages, hours and working conditions apply uniformly to employees without regard to sex; providing for time and one-half payment for overtime work by certain employees; prohibiting certain acts by employers; providing penalties; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context requires otherwise:
1. Employee includes both male and female persons.
2. Employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative or other person having control or custody of any employment, place of employment or any employee.
3. Professional means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to 645, inclusive, of NRS.
Sec. 3. The legislature hereby finds and declares that the health and welfare of workers and the employment of persons in private enterprise in this state are of concern to the state and that the health and welfare of persons required to earn their livings by their own endeavors require certain safeguards as to hours of service, working conditions and compensation therefor.
Sec. 4. It is unlawful for any person, firm, association or corporation or for any agent, servant, employee or officer of any such firm, association or corporation to employ, cause to be employed or permit to be employed or to contract with, cause to be contracted with or permit to be contracted with any person for a wage less than that provided in NRS 608.250.
Sec. 5. 1. A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of meals. In no case shall the value of the meals be computed at more than $1.50 per day. In no case shall the value of the meals consumed by such employee be computed or valued at more than 35 cents for each breakfast actually consumed, 45 cents for each lunch actually consumed, and 70 cents for each dinner actually consumed.
2. The monetary limitations on the value of meals, contained in subsection 1, do not apply to agricultural employees.
Sec. 6. It is unlawful for any person by force, intimidation, threat of procuring dismissal from employment or in any other manner to induce or attempt to induce an employee to refrain from testifying in any investigation or proceeding relating to or arising under this chapter, or to discharge or penalize any employee for so testifying.
κ1975 Statutes of Nevada, Page 1583 (CHAPTER 741, AB 219)κ
Sec. 7. 1. Except as provided in subsection 2, an employer shall pay time and one-half of an employees regular wage rate whenever an employee works:
(a) More than 40 hours in any scheduled workweek;
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled workweek.
2. The provisions of subsection 1 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;
(b) Employees who receive compensation for employment at a rate not less than one and one-half times the minimum rate provided by NRS 608.250;
(c) Outside buyers;
(d) Retail commission salespersons if their regular rate is more than one and one-half the minimum wage, and more than one-half their compensation comes from commissions:
(e) Employees who are employed in bona fide executive, administrative or professional capacities;
(f) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(g) Drivers, drivers helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(h) Railroad employees;
(i) Air carrier employees;
(j) Drivers or drivers helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(k) Taxicab and limousine drivers;
(l) Agricultural employees;
(m) Employees of business enterprises having a gross sales volume of:
(1) Less than $500,000 per year for calendar year 1975 or 1976.
(2) Less than $250,000 per year for calendar year 1977 and thereafter; and
(n) Any salesman, parts man or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.
Sec. 8. 1. An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.
2. Every employer shall authorize and permit all his employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period. The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof. Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours. Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages.
3. This section does not apply to:
(a) Situations where only one person is employed at a particular place of employment.
κ1975 Statutes of Nevada, Page 1584 (CHAPTER 741, AB 219)κ
(b) Employees included within the provisions of a collective bargaining agreement.
4. An employer may apply to the labor commissioner for an exemption from providing to all or to one or more defined categories of his employees one or more of the benefits conferred by this section. The labor commissioner may grant the exemption if he believes the employer has shown sufficient evidence that business necessity precludes providing such benefits. Any exemption so granted shall apply to members of either sex.
5. The labor commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon his own motion or upon the application of an association of employers. Each such application shall be considered at a hearing pursuant to the Nevada Administrative Procedure Act, and may be granted if the labor commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected. Any exemption so granted shall apply to members of either sex.
Sec. 9. All uniforms or accessories distinctive as to style, color or material shall be furnished, without cost, to employees by their employer. If a uniform or accessory requires a special cleaning process, and cannot be easily laundered by an employee, such employees employer shall clean such uniform or accessory without cost to such employee.
Sec. 10. Every employer shall conspicuously post an keep so posted on the premises where any person is employed a printed abstract of this chapter to be furnished by the labor commissioner.
Sec. 11. 1. It is unlawful for any employer to discriminate between employees, employed within the same establishment, on the basis of sex by paying lower wages to one employee than the wages paid to an employee of the opposite sex who performs equal work which requires equal skill, effort and responsibility and which is performed under similar working conditions.
2. The provisions of subsection 1 do not apply where wages are paid pursuant to:
(a) A seniority system;
(b) A merit system;
(c) A compensation system under which wages are determined by the quality or quantity of production; or
(d) A wage differential based on factors other than sex.
3. An employer who violates the provisions of this section shall not reduce the wages of any employees in order to comply with such provisions.
Sec. 12. Every person, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association or corporation violating any of the provisions of NRS 608.010 to 608.180, inclusive, and sections 2 to 11, inclusive, of this act is guilty of a misdemeanor.
Sec. 13. NRS 608.120 is hereby amended to read as follows:
608.120 The payment of wages or compensation shall be made in lawful money of the United States or by a good and valuable negotiable check or draft drawn only to the order of the employee unless:
κ1975 Statutes of Nevada, Page 1585 (CHAPTER 741, AB 219)κ
1. Such employee has agreed to some other disposition of his or her wages; or
2. The employer has been directed to make some other disposition of such employees wages by:
(a) A court of proper jurisdiction; or
(b) An agency of federal, state or local government with jurisdiction to issue such directives. Such checks or drafts shall be payable on presentation thereof at some bank or established place of business without discount in lawful money of the United States, and not otherwise, and shall be payable at the place designated in the notice prescribed in NRS 608.080.
Sec. 14. NRS 608.180 is hereby amended to read as follows:
608.180 The labor commissioner or his representative shall cause the provisions of NRS 608.010 to 608.170, inclusive, and sections 2 to 12, inclusive, of this act to be enforced, and upon notice from him the district attorney of any county in which a violation of [NRS 608.010 to 608.170, inclusive,] such sections has occurred or the special counsel, as provided by NRS 607.065, shall prosecute the [same] action for enforcement according to law.
Sec. 15. NRS 608.190 is hereby amended to read as follow:
608.190 1. [Any] A person, firm, association or corporation, or agent, manager, superintendent or officer thereof [, who] shall not willfully refuse or neglect to pay the wages due and payable when demanded as provided in this chapter, [or shall] nor falsely deny the amount or validity thereof or that the [same] amount is due with intent to secure for himself, his employer or any other person any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due. [, shall, in addition to any other penalty imposed upon him by NRS 608.010 to 608.180, inclusive, be guilty of a misdemeanor.]
2. Any employer who fails or refuses to pay any of the wages or compensation of an employee, in whole or in part, as provided in this chapter [, or violates any of the provisions of NRS 608.010 to 608.180, inclusive,] shall also forfeit to the State of Nevada a sum not more than $300, in the discretion of the court trying the same, to be recovered from the employer in a civil action prosecuted in the proper court by the district attorney of the county at the instance of the labor commissioner.
3. The property of the defendant shall be subject to attachment to secure, and execution to satisfy, any judgment that may be rendered under the provisions of this section, the same as in other civil actions.
Sec. 16. NRS 608.260 is hereby amended to read as follows:
608.260 If any employer [shall pay] pays any [male] employee a lesser amount than the minimum wage as set forth in NRS 608.250, such [male] employee may, at any time within 2 years, bring a civil action for the recovery of the difference between the amount paid the [male] employee and the minimum wage set forth in NRS 608.250. No contract between the employer and the [male] employee or any acceptance of a lesser wage by the employee [shall be] is a bar to the action.
Sec. 17. NRS 609.010, 609.020, 609.030, 609.040, 609.050, 609.060, 609.070, 609.080, 609.090, 609.100, 609.110, 609.120, 609.130, 609.140, 609.150, 609.160, 609.170, 609.180 and 609.280 are hereby repealed.
κ1975 Statutes of Nevada, Page 1586 (CHAPTER 741, AB 219)κ
609.140, 609.150, 609.160, 609.170, 609.180 and 609.280 are hereby repealed.
Sec. 18. This act shall become effective upon passage and approval.
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Assembly Bill No. 498Washoe County Delegation
CHAPTER 742
AN ACT creating the Washoe County Airport Study Committee; directing such committee to conduct a study to determine whether a special governmental corporation should be formed to provide adequate air service to Washoe County; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The legislature finds that:
1. The airport of the City of Reno has traditionally been operated by the city as a municipal function and originally served primarily the city residents.
2. With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the City of Reno is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.
3. What was once a municipal airport in both name and fact is now a regional airport.
4. The financial problems of the airport have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.
Sec. 2. There is hereby established the Washoe County Airport Study Committee composed of 13 members as follows:
1. The City of Reno shall be represented on the committee by two members, the City of Sparks by one member and Washoe County by two members, appointed as specified in this subsection. Within 30 days after July 1, 1975, the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County shall appoint their representatives to serve on the committee.
2. The city councils of the City of Reno and the board of county commissioners of Washoe County shall each appoint two members of the general public not associated with the airport.
3. The legislative commission shall appoint two members from the assembly and two members from the senate.
Sec. 3. The four legislative members shall designate one of their number to serve as chairman of the committee.
Sec. 4. The board of county commissioners of Washoe County, and the city councils of the cities of Reno and Sparks shall provide funds, supplies and technical assistance necessary for the committee to conduct its study and prepare a report based thereon.
κ1975 Statutes of Nevada, Page 1587 (CHAPTER 742, AB 498)κ
Sec. 5. The committee shall:
1. Conduct a study to determine:
(a) Whether a special governmental corporation should be formed to provide adequate air service to Washoe County.
(b) What measures, if any, should be taken to provide:
(1) Sufficient funding and to establish the administrative machinery necessary to insure adequate air service to Washoe County and the surrounding areas.
(2) Safe and convenient air travel and transport to and from the Reno area.
2. Report the results of such study to the 59th session of the legislature, together with recommendations for any necessary and appropriate legislation.
__________
Senate Bill No. 151Senator Bryan
CHAPTER 743
AN ACT making an appropriation to the state department of education for the purpose of nonrecurring capital outlays, lease or purchase of school buses, acquisition of library books, minor construction projects and other necessary items by recipient school district.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the state department of education the sum of $1,000,000.
2. The funds appropriated by subsection 1 shall be:
(a) Distributed by the state department of education to the county school districts on the basis of the ratio that each county school districts 1974-75 enrollment bears to the total statewide 1974-75 enrollment; and
(b) Expended by the recipient school district for nonrecurring capital outlays, lease or purchase of school buses, acquisition of library books, minor construction projects and other necessary items.
3. After June 30, 1976, any unexpended balance of the appropriation made by subsection 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
__________
κ1975 Statutes of Nevada, Page 1588κ
Senate Bill No. 253Committee on Judiciary
CHAPTER 744
AN ACT relating to divorce; extending the benefits of alimony to husbands in certain circumstances; specifying the type of alimony subject to modification; enlarging the permissible circumstances of modification; and providing other matters properly relating thereto.
[Approved May 27, 1975]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 125.150 is hereby amended to read as follows:
125.150 1. In granting a divorce, the court may award such alimony to the wife, or to the husband if he is disabled or unable to provide for himself, in a specified principal sum or as specified periodic payments, and shall make such disposition of the community property of the parties, as [shall appear] appears just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.
2. Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorneys fee to either party to an action for divorce if attorneys fees are in issue under the pleadings.
3. The court may also set apart such portion of the husbands property for the wifes support, [and] or the wifes property for the husbands support if he is disabled or unable to provide for himself, or the property of either spouse for the support of their children as shall be deemed just and equitable.
4. In the event of the death of either party or the subsequent remarriage of the [wife, all alimony awarded] spouse to whom specified periodic payments were to be made, all such payments required by the decree shall cease, unless it [shall have been] was otherwise ordered by the court.
5. [In the event alimony has been awarded to the wife, or the court otherwise] If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify the same, [such alimony so awarded,] such adjudication of property rights, and such agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation duly signed and acknowledged by the parties to such action, and in accordance with the terms thereof.
6. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, such decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for such modification.
κ1975 Statutes of Nevada, Page 1589 (CHAPTER 744, SB 253)κ
Sec. 2. NRS 125.180 is hereby amended to read as follows:
125.180 1. [Where the husband, in] When either party to an action for divorce, makes default in paying any sum of money as required by the judgment or order directing the payment thereof, the district court may make an order directing entry of judgment for the amount of such arrears, together with costs [and disbursements not to exceed $10] and a reasonable attorneys fee.
2. The application for such order shall be upon such notice to the [husband] defaulting party as the court may direct.
3. The judgment may be enforced by execution or in any other manner provided by law for the collection of money judgments.
4. The relief herein provided for is in addition to any [and every other remedy to which the wife may be entitled under the law.] other remedy provided by law.
Sec. 3. NRS 125.160 and 125.170 are hereby repealed.
__________
Senate Bill No. 374Senator Walker
CHAPTER 745
AN ACT relating to mental health and mental retardation; enacting the Nevada Mental Health and Mental Retardation Law; revising organization, policies and procedures; providing penalties; and providing other matters properly relating thereto.
[Approved May 27, 1975]
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 and 3 of this act.
Sec. 2. This Title may be cited as the Nevada Mental Health and Mental Retardation Law.
Sec. 3. The legislature hereby declares that it is the intent of this Title:
1. To eliminate both the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and
2. To charge the division with recognizing its duty to act in the best interests of its clients by placing them in the least restrictive environment.
Sec. 4. NRS 433.005 is hereby amended to read as follows:
433.005 As used in [NRS 433.005 to 433.640, inclusive,] this Title, unless the context otherwise requires, the words and terms defined in NRS 433.0053 to 433.011, inclusive, and sections 6 to 11, inclusive, 14 and 18.5 to 25, inclusive, of this act, have the meanings ascribed to them in such sections.
κ1975 Statutes of Nevada, Page 1590 (CHAPTER 745, SB 374)κ
Sec. 5. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 11, inclusive, of this act.
Sec. 6. Administrative officer means the person with overall executive and administrative responsibility for a state or nonstate mental health or mental retardation facility. In the case of mental health centers and mental retardation centers, the administrative officer is the clinic director. In the case of the institute, the administrative officer is the institute director.
Sec. 7. Board means the mental hygiene and mental retardation advisory board.
Sec. 8. Client means any person who seeks, on his own or others initiative, and can benefit from care, treatment and training in any division facility.
Sec. 9. Clinic director means the chief administrative officer of any division mental health center, mental retardation center or treatment facility for emotionally disturbed children.
Sec. 10. Department means the department of human resources.
Sec. 11. Director of the department means the administrative head of the department of human resources.
Sec. 12. NRS 433.008 is hereby amended to read as follows:
433.008 Division means the mental hygiene and mental retardation division of the department. [of human resources.]
Sec. 13. NRS 433.0082 is hereby amended to read as follows:
433.0082 1. Division facility means any unit or subunit operated by the division [.] for the care, treatment and training of clients.
2. The division facilities providing mental health services shall be known as:
(a) Nevada mental health institute;
(b) Las Vegas mental health center;
(c) Henderson mental health center;
(d) Reno mental health center;
(e) Rural clinics;
(f) Childrens behavioral services; and
(g) Mentally disordered offender program
3. The division facilities providing services for mentally retarded persons shall be known as:
(a) Northern Nevada mental retardation center;
(b) Southern Nevada mental retardation center;
(c) Nevada mental health institute; and
(d) Desert developmental center.
4. Division facilities established in the future shall be named by the administrator, subject to the approval of the director of the department.
Sec. 14. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
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;
κ1975 Statutes of Nevada, Page 1591 (CHAPTER 745, SB 374)κ
2. For impulse control;
3. For satisfying and satisfactory relations with others;
4. For learning; or
5. For any combination of the above.
Sec. 15. NRS 433.0092 is hereby amended to read as follows:
433.0092 Institute director means the [executive and administrative head of the Nevada mental health] administrative officer of the institute.
Sec. 16. NRS 433.0105 is hereby amended to read as follows:
433.0105 Medical director [or director] means the [medical head of the Nevada mental health institute or the medical head of the Las Vegas mental health center.] chief medical officer of any division mental health or mental retardation program.
Sec. 17. NRS 433.011 is hereby amended to read as follows:
433.011 Mental health center means [the Las Vegas mental health center.] any of the state comprehensive mental health centers, including rural clinics.
Sec. 18. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 18.5 to 58, inclusive, of this act.
Sec. 18.5. Mental health professional means:
1. A psychiatrist licensed to practice medicine in the State of Nevada;
2. A psychologist certified to practice in this state or employed as such by the division; or
3. A social worker who holds a masters degree in social work, or is a candidate for that degree and is employed by the division.
Sec. 19. Mental illness means any mental disfunction leading to impaired ability to maintain oneself and function effectively in ones life situation without external support.
Sec. 20. Mental retardation means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
Sec. 21. Mental retardation center means an organized program for providing appropriate services and treatment to mentally retarded persons. A mental retardation center may include facilities for residential treatment and training.
Sec. 22. 1. Except as provided in subsection 2, mentally ill person means any person who has a mental illness.
2. For purposes of involuntary court-ordered admission and emergency admission to a mental health facility, mentally ill person means any person who has demonstrated observable behavior the consequence of which presents a clear and present danger to himself or others, or presents observable behavior that he is so gravely disabled by mental illness that he is unable to maintain himself in his normal life situation without external support.
Sec. 23. Mentally retarded person means any person who has mental retardation.
Sec. 24. Training means a program of services directed primarily toward enhancing the health, welfare and development of mentally retarded persons through the process of providing those experiences that will enable the individual to:
κ1975 Statutes of Nevada, Page 1592 (CHAPTER 745, SB 374)κ
1. Develop his physical, intellectual, social and emotional capacities to the fullest extent;
2. Live in an environment that is conducive to personal dignity; and
3. Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
Sec. 25. Treatment means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.
Sec. 26. The provisions of this Title pertaining to division facilities shall be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the administrator.
Sec. 27. 1. Physicians shall be employed within the various division facilities as are necessary for the operation of the facilities. They shall hold degrees of doctor of medicine from accredited medical schools and they shall be licensed to practice medicine in Nevada as provided by law.
2. Except as otherwise provided by law, their only compensation shall be annual salaries, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.
3. The physicians shall perform such duties pertaining to the care and treatment of clients as may be required.
Sec. 28. The administrator shall:
1. Have training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care, treatment or training, or any combination thereof, of mentally ill and mentally retarded persons.
3. Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of administration.
4. Be in the unclassified service of the state, receive an annual salary as determined pursuant to the provisions of NRS 284.182 and receive the per diem expense allowance and travel expenses fixed by law.
Sec. 29. 1. The administrator shall:
(a) Serve as the executive officer of the division;
(b) Make an annual report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe; and
(c) Employ, within the limits of available funds and in accordance with the provisions of chapter 284 of NRS, the assistants and employees necessary to the efficient operation of the division.
2. The administrator shall appoint the administrative personnel necessary to operate the state mental hygiene and mental retardation programs, including a clinic director for each mental health center, the institute director for the Nevada mental health institute and an associate administrator for mental retardation. He shall delegate to the administrative officers of division facilities the power to appoint medical, technical, clerical.
κ1975 Statutes of Nevada, Page 1593 (CHAPTER 745, SB 374)κ
and operational staff necessary for the operation of their respective division facilities. Such appointments by administrative officers shall be made in accordance with the provisions of chapter 284 of NRS.
3. If the administrator finds that it is necessary or desirable that any employee reside at a division facility or receive meals at such facility, perquisites granted or charges for services rendered to such person shall be at the discretion of the governor.
4. The administrator may accept persons referred to the division for treatment pursuant to the provisions of sections 1.5 to 7, inclusive, of Assembly Bill No. 462 of the 58th session of the Nevada legislature.
Sec. 30. 1. There is hereby created the mental hygiene and mental retardation advisory board composed of 11 members appointed by and responsible to the governor and serving at the pleasure of the governor.
2. The members of the board shall be selected with special reference to their ability and fitness to advise with respect to the duties assigned by law to the division. At least two of the members shall have a special interest in the field of mental health and at least two shall have a special interest in the field of mental retardation.
Sec. 31. 1. The board shall be an advisory body to the administrator, and shall have only the powers and duties prescribed by law.
2. The board shall:
(a) Be informed on and interested in the entire field of legislation and administration concerning mental illness and mental retardation;
(b) Advise and make recommendations to the director of the department or the legislature relative to the mental hygiene and mental retardation policy of this state;
(c) Advise the administrator with respect to the preparation and amendment of regulations to give effect to the provisions of this Title; and
(d) Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this Title.
3. The board shall have all the powers necessary to carry out its functions in accordance with NRS 435.240 and 435.250.
Sec. 32. 1. The members of the board shall meet at such times and places as are necessary, but board meetings shall be held at least quarterly. The board shall keep minutes of the transactions of each board meeting, which shall be public records and filed with the division.
2. For each days attendance at a meeting of the board, the members shall receive per diem expense allowances and travel expenses as fixed by law.
3. Six members of the board shall constitute a quorum, and such quorum may exercise all powers and authority of the board.
4. The board shall prescribe rules and regulations for its own management.
Sec. 33. 1. The division is designated as the official state agency responsible for developing and administering mental hygiene and mental retardation services, subject to administrative supervision by the director of the department.
2. The function of the division is to promote and coordinate training, treatment, research, education and development of programs relating to mental hygiene and mental retardation.
κ1975 Statutes of Nevada, Page 1594 (CHAPTER 745, SB 374)κ
3. The division shall also perform other functions as specifically mentioned in this Title and such other acts as are necessary to promote mental health in the state.
Sec. 34. The division shall from time to time adopt and promulgate such regulations as are necessary for carrying out the provisions of this Title. Such regulations shall have the force and effect of law.
Sec. 35. The division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of mentally ill and mentally retarded clients.
Sec. 36. The division may contract with appropriate mental health professionals to provide inpatient and outpatient care for mentally ill and mentally retarded persons when it appears that they can be treated best in that manner.
Sec. 37. For the purposes of this Title, the department through the division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the division will render services, the payment for which will be reimbursed directly to the divisions budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.
Sec. 38. Nothing in this Title precludes the involuntary court-ordered admission of a mentally ill person to a private institution where such admission is authorized by law.
Sec. 39. The state is not responsible for payment of the costs of care and treatment of persons admitted to a facility not operated by the division except where, prior to admission, the administrator or his designee authorizes the expenditure of state funds for such purpose.
Sec. 40. The administrative officer of each division facility, with the approval of the administrator, may designate an employee or employees to act as his deputy or deputies. In case of the absence or inability of the administrative officer for any cause to discharge the duties of his office, such duties devolve upon his deputy or deputies.
Sec. 41. Moneys to carry out the provisions of this Title shall be provided by legislative appropriation from the state general fund, and shall be paid out on claims as other claims against the state are paid. All claims relating to a division facility individually shall be approved by the administrative officer of such facility before they are paid.
Sec. 42. 1. The division shall establish a fee schedule for services rendered through any state-supported program pursuant to the provisions of this Title. The schedule shall be submitted to the board and the director of the department for joint approval prior to enforcement. The fees collected by division facilities pursuant to the schedule shall be deposited in the state treasury to the credit of the general fund, except as otherwise provided in section 37 of this act for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to mentally retarded clients.
κ1975 Statutes of Nevada, Page 1595 (CHAPTER 745, SB 374)κ
2. In the case of state-supported mental health centers, the fee schedule described in subsection 1 shall be established as provided in sections 60 to 140, inclusive, of this act.
Sec. 43. For the purposes of this Title, the department may accept:
1. Moneys appropriated and made available by any act of the Congress of the United States;
2. Moneys and contributions made available by a county, a city, a public district or any political subdivision of this state; and
3. Moneys and contributions made available by a public or private corporation, a private foundation, an individual or a group of individuals.
Sec. 43.5. A mental health and mental retardation center revolving fund up to the amount of $5,000 is hereby created for each division mental health and mental retardation center, and may be used for the payment of mental health or mental retardation center bills requiring immediate payment and for no other purposes. The respective clinic directors shall deposit the respective revolving funds in one or more banks of reputable standing. Payments made from each fund shall be promptly reimbursed from appropriated funds of the respective mental health or mental retardation centers on claims as other claims against the state are paid.
Sec. 44. 1. Physicians and other professional staff employed within any division facility shall receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform such services, singularly or as a member of an evaluation team established pursuant to the provisions of sections 60 to 140, inclusive, of this act.
2. If such evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee shall be received by the division facility at which he is employed.
Sec. 45. For purposes of this Title, the residence of a person is:
1. The domicile of such person;
2. If the domicile of the person cannot be ascertained, the place where he was last employed;
3. If the domicile of the person cannot be ascertained and he is not or was not employed, the place where he made his home or headquarters.
Sec. 46. 1. For the purpose of facilitating the return of nonresident clients to the state in which they have legal residence, the administrator may enter into reciprocal agreements, consistent with the provisions of this Title, with the proper boards, commissioners or officers of other states for the mutual exchange of clients confined in, admitted or committed to a mental health or mental retardation facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of this Title governing admissions to a division facility.
2. The county clerk and board of county commissioners of each county, upon receiving notice from the administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the administrator their findings as to the legal residence of the client.
κ1975 Statutes of Nevada, Page 1596 (CHAPTER 745, SB 374)κ
Sec. 47. 1. All expenses incurred for the purpose of returning a client to the state in which he has legal residence shall be paid from the moneys of the client or by the relatives or other persons responsible for his care and treatment under his commitment or admission.
2. In the case of indigent clients whose relatives cannot pay the costs and expenses of returning such clients to the state in which they have residence, the costs may be assumed by the state. These costs shall be advanced from moneys appropriated for the general support of the division facility wherein the client was receiving care, treatment or training, if such client was committed to a division facility at the time of the transfer, and shall be paid out on claims as other claims against the state are paid.
Sec. 48. This Title does not limit the right of any person detained hereunder to a writ of habeas corpus upon a proper application made at any time by such person or any other person on his behalf.
Sec. 49. For the purpose of restricting the use or disclosure of any information concerning persons receiving the services of the division, the administrator shall cause reasonable regulations to be established and enforced governing the custody, use and preservation of all records, files and communications on file at any division facility.
Sec. 50. Each client admitted for evaluation, treatment or training to a division facility has the following rights, a list of which shall be prominently posted in all facilities providing such services and otherwise brought to the attention of the client by such additional means as the administrator may designate by regulation:
1. To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All such care, treatment and training shall be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:
(a) Prior to instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent shall be obtained in writing from:
(1) The client if he is 18 years of age or over or legally emancipated and competent to give such consent, and from his legal guardian, if any;
(2) The parent or guardian of a client under 18 years of age and not legally emancipated; or
(3) The legal guardian of an adjudicated incompetent client of any age;
(b) An informed consent requires that the person whose consent is sought be adequately informed as to:
(1) The nature and consequences of the procedure;
(2) The reasonable risks, benefits and purposes of such procedure; and
(3) Alternative procedures available;
(c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;
(d) The absence of express and informed consent notwithstanding, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if such treatment is immediately entered into the clients treatment record, but subject to the provisions of paragraph (e);
κ1975 Statutes of Nevada, Page 1597 (CHAPTER 745, SB 374)κ
treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if such treatment is immediately entered into the clients treatment record, but subject to the provisions of paragraph (e);
(e) If the proposed emergency medical care or treatment is deemed by the medical director to be unusual, experimental or generally occurring infrequently in routine medical practice, the medical director shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.
2. To wear his own clothing, to keep and use his own personal possessions, including his toilet articles, unless such articles may be used to endanger his or others lives, and to keep and be allowed to spend a reasonable sum of his own money for expenses and small purchases;
3. To have access to individual storage space for his private use;
4. To see visitors each day;
5. To have reasonable access to telephones, both to make and receive confidential calls;
6. To have ready access to letter-writing materials, including stamps, and to mail and receive unopened correspondence, but:
(a) For the purposes of this subsection, packages are not considered as correspondence; and
(b) Correspondence identified as containing a check payable to a client may be subject to control and safekeeping by the administrative officer of the division facility or his designee, so long as the clients treatment record documents such action;
7. To be free from the application of any mechanical restraint, except that the use of such restraint may be prescribed by a physician. When so prescribed, the restraint shall be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, shall be made a part of the clients treatment record; and
8. To other rights as specified by regulation of the division.
Sec. 51. 1. An individualized written plan of mental health or mental retardation services shall be developed for each client. The plan shall provide for the least restrictive treatment procedure that may reasonably be expected to benefit the client.
2. The plan shall be kept current and shall be modified when indicated. Such plan shall be thoroughly reviewed at least once every 3 months.
3. The person in charge of implementing the plan of services shall be designated in the plan.
Sec. 52. A client shall be permitted to inspect his records and he shall be informed of his clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his clinical condition.
Sec. 53. 1. The attending psychiatrist or physician shall be responsible for all medication given or administered to a client.
2. Each administrative officer shall establish a policy for the review of the administration, storage and handling of medications by nurses and nonprofessional personnel.
κ1975 Statutes of Nevada, Page 1598 (CHAPTER 745, SB 374)κ
of the administration, storage and handling of medications by nurses and nonprofessional personnel.
Sec. 54. 1. A client may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:
(a) The client voluntarily agrees to perform the labor;
(b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the client;
(c) The person responsible for the clients treatment agrees to the plan of labor; and
(d) The amount of time or effort necessary to perform the labor is not excessive. In no event shall discharge or privileges be conditioned upon the performance of such labor.
2. A client who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone shall be adequately compensated and the compensation shall be in accordance with applicable state and federal labor laws.
3. A client who performs labor other than that described in subsection 2 shall be compensated an adequate amount if an economic benefit to another person or agency results from his labor.
4. The administrative officer of the facility may provide for compensation of a resident when he performs labor not governed by subsections 2 or 3.
5. This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.
6. One-half of any compensation paid to a client pursuant to this section is exempt from collection or retention as payment for services rendered by the division or its facilities. Such amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.
Sec. 55. 1. The rights of a client enumerated in this chapter shall not be denied except to protect the clients health and safety or to protect the health and safety of others, or both. Any denial of such rights shall be entered in the clients treatment record, and notice of such denial shall be forwarded to the medical director. Failure to report denial of rights by an employee may be grounds for dismissal.
2. Upon receipt of notice of a denial of rights as provided in subsection 1, the medical director shall cause a full report to be prepared which shall set forth in detail the factual circumstances surrounding the denial. A copy of the report shall be directed to:
(a) The clinic director in division facilities having a clinic director;
(b) The administrator; and
(c) The board.
3. The board:
(a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;
(b) May act to resolve disputes relating to apparent violations;
(c) May act on behalf of clients to obtain remedies for any apparent violations; and
κ1975 Statutes of Nevada, Page 1599 (CHAPTER 745, SB 374)κ
(d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.
Sec. 56. 1. Upon the death of a client, any known relatives or friends of the client shall be notified immediately of the fact of death.
2. The administrator or his designee shall cause a decent burial to be provided for the client outside division facility grounds. The administrator or his designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as he deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial shall be borne by the relatives. Where there are no known relatives, the cost of burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
3. When a client has income from a pension payable through a division facility, and has no guardian, the division may obligate operating funds for funeral expenses in the amount due under the pension benefits.
Sec. 57. 1. Any employee of the division or other person is guilty of a misdemeanor who:
(a) Willfully abuses any client;
(b) Brings intoxicating beverages or a controlled substance as defined in chapter 453 of NRS into any building occupied by clients unless specifically authorized to do so by the administrative officer of the division facility involved or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance as defined in chapter 453 of NRS while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a client.
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 58. 1. Any person who, on the grounds of a division facility, sells, barters, exchanges or in any manner disposes of any spirituous or malt liquor or beverage to any person lawfully confined in the division facility is guilty of a gross misdemeanor.
2. This section does not apply to any physician prescribing or furnishing liquor to the person when the liquor is prescribed or furnished for medicinal purposes only.
Sec. 59. Title 39 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 60 to 140, inclusive, of this act.
Sec. 60. The provisions of this chapter apply to all division mental health centers. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.
Sec. 61. The institute director shall:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the professional fields of psychiatry, medicine, psychology, social work, education or administration.
κ1975 Statutes of Nevada, Page 1600 (CHAPTER 745, SB 374)κ
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to mental health, including care and treatment of mentally ill and mentally retarded persons.
3. Have additional qualifications which are in accordance with criteria prescribed by the personnel division of the department of administration.
4. Be in the unclassified service of the state.
Sec. 62. The institute director is the executive and administrative head of the institute, and as such he has the following powers and duties, subject to the administrative supervision of the administrator:
1. To exercise general supervision of and establish regulations for the government of the institute;
2. To be responsible for and supervise the fiscal affairs and responsibilities of the institute;
3. To 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 institute may require;
4. To make reports to the administrator, and to supply the administrator with material on which to base proposed legislation;
5. To keep complete and accurate records of all proceedings, record and files all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office;
6. To inform the public in regard to the activities and operation of the institute;
7. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this Title and other statutes governing the institute;
8. To submit an annual report to the administrator on the condition, operation, functioning and anticipated needs of the institute;
9. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the institute, and to take all steps necessary to establish clear title thereto on behalf of the state; and
10. To lease, with the consent of the administrator, all or any part of any land known or presumed to belong to the State of Nevada for the use of the institute for the consideration and upon the terms the institute director and the administrator may deem to be in the best interests of the institute and the State of Nevada. Any moneys received from any such lease shall be remitted by the institute director to the state treasurer who shall deposit it in the state treasury to the credit of the general fund.
Sec. 63. 1. The institute director shall devote his entire time to the duties of his position and shall follow no other gainful employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.
2. Except as otherwise provided by law, his only compensation shall be an annual salary in an amount determined by the provisions of NRS 284.182.
Sec. 64. Before entering upon the duties of his office, the institute director shall execute and deliver a surety bond in the form prescribed by law, payable to the State of Nevada, in the sum of $10,000 and conditioned for the faithful performance of all duties which may be required of him.
κ1975 Statutes of Nevada, Page 1601 (CHAPTER 745, SB 374)κ
by law, payable to the State of Nevada, in the sum of $10,000 and conditioned for the faithful performance of all duties which may be required of him.
Sec. 65. 1. The clinic director of a mental health center shall be selected on the basis of his training, experience, capacity and interest in the care of mentally ill persons and in the administration of mental facilities.
2. The clinic director shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
Sec. 66. 1. The clinic director is the executive and administrative head of a mental health center, and as such he has the following powers and duties, subject to the administrative supervision of the administrator:
(a) To exercise general supervision of and establish regulations for the government of the mental health center;
(b) To be responsible for and supervise the fiscal affairs and responsibilities of the mental health center;
(c) To appoint 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 mental health center may require;
(d) To make reports to the administrator and to supply the administrator with material on which to base proposed legislation;
(e) To keep complete and accurate records of all proceedings, record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents pertaining to his office;
(f) To inform the public in regard to the activities and operations of the mental health center;
(g) To invoke any legal, equitable or special procedures for the enforcement of the provisions of this Title and other statutes governing the mental health center;
(h) To submit an annual report to the administrator on the condition, operation, functioning and anticipated needs of the mental health center; and
(i) To assume responsibility for the nonmedical care and treatment of clients if such responsibility has not been delegated.
2. The clinic director shall devote his entire time to the duties of his position and shall follow no other gainful employment, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.
Sec. 67. 1. The medical director of a mental health center, of the institute or of the other division facilities as the administrator shall from time to time designate, is the medical head of such mental health center, institute or division facility. He shall be a psychiatrist licensed to practice medicine as provided by law or, in the case of a treatment facility authorized by subsection 2 of section 111 of this act, such a psychiatrist or a pediatrician licensed to practice medicine as provided by law. He may be a psychiatrist or pediatrician in private practice under contract to the division. He shall have such additional qualifications as are in accordance with criteria prescribed by the personnel division of the department of administration, shall be in the classified service of the state and shall receive an annual salary in an amount fixed pursuant to the provisions of chapter 284 of NRS.
κ1975 Statutes of Nevada, Page 1602 (CHAPTER 745, SB 374)κ
annual salary in an amount fixed pursuant to the provisions of chapter 284 of NRS.
2. The medical director shall:
(a) Cause to be kept a fair and full account of all medical affairs;
(b) Have standard medical histories currently maintained on all clients, and administer or have administered the accepted and appropriate medical treatments to all clients under his care, and may, by delegation of the institute or clinic director, be responsible for the nonmedical care and treatment of clients; and
(c) Undertake any diagnostic, medical or surgical procedure in the interest of the client, but only in accordance with the provisions of subsection 1 of section 50 of this act.
Sec. 67.5. There are three types of admission to mental health facilities in the State of Nevada:
1. Voluntary admission;
2. Emergency admission; and
3. Involuntary court-ordered admission.
Sec. 68. 1. Any person may apply to any public or private mental health facility in the State of Nevada for admission to such facility as a voluntary client for the purposes of observation, diagnosis, care and treatment. In the case of a person who has not attained the age of majority, application or voluntary admission may be made on his behalf by his spouse, parent or legal guardian.
2. If the application is for admission to a division facility, the applicant shall be admitted as a voluntary client if examination by admitting personnel reveals that the person needs and may benefit from services offered by the mental health facility.
3. Any person admitted to a division facility as a voluntary client shall be released immediately after the filing of a written request for release with the responsible physician or his designee within the normal working day.
4. Any person admitted to a division facility as a voluntary client who has not requested release may nonetheless be released by the medical director when examining personnel at the division facility determine that the client has recovered or has improved to such an extent that he is not considered a danger to himself or others and that the services of that facility are no longer beneficial to him or advisable.
Sec. 69. 1. Any mentally ill person as defined in subsection 2 of section 22 of this act may be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment subject to subsection 2.
2. No person admitted to a mental health facility or hospital under subsection 1 may be detained for a period in excess of 2 working days from the time of his admission unless within such period a written petition has been filed with the clerk of the district court for an order of the court authorizing the continued hospitalization of such person for emergency observation and diagnosis for not more than 7 days from the date of the order.
Sec. 70. (Deleted by amendment.)
Sec. 71. (Deleted by amendment.)
κ1975 Statutes of Nevada, Page 1603 (CHAPTER 745, SB 374)κ
Sec. 72. 1. Application for an emergency admission of an allegedly mentally ill person for evaluation and observation may only be made by a duly accredited agent of the department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, social worker or public health nurse. The agent, officer, physician, psychologist, social worker or public health nurse may take an allegedly mentally ill person into custody without a warrant for the purpose of making an application for emergency admission for evaluation, observation and treatment under section 69 of this act and may transport the person or arrange the transportation for him with a local law enforcement agency to a public or private mental health facility for the purposes of making such application.
2. The application shall reveal the circumstances under which the person was taken into custody and the reasons therefor.
3. For the purposes of subsection 1, duly accredited agent of the department means any person appointed or designated by the director of the department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
4. Any person who has reason to believe that another person is mentally ill and because of such illnesses likely to harm himself or others if he is not immediately detained or that such person is gravely disabled by mental illness, may apply to the district attorney of the county where the allegedly mentally ill person is found, and the district attorney may, if satisfied that the person is likely to harm himself or others or is gravely disabled as defined in subsection 2 of section 22 of this act:
(a) Issue an order to any peace officer for the immediate apprehension of such person and his transportation to a public or private mental health facility; and
(b) Make application for the admission of such person under the emergency admission provisions of section 69 of this act.
Sec. 73. The administrative officer of a division facility or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under sections 69 and 72 of this act unless such application is accompanied by a certificate of a psychiatrist, certified psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others or is gravely disabled as defined in subsection 2 of section 22 of this act. Such certificate may be obtained from a psychiatrist, certified psychologist, or physician who is employed by the public or private mental health facility to which such application is made.
Sec. 74. No application or certificate authorized under section 72 or 73 of this act may be considered if made by a psychiatrist, certified psychologist or physician who is related by blood or marriage to the allegedly mentally ill person, or who is financially interested in the facility in which the allegedly mentally ill person is to be detained. No application or certificate of any examining person authorized under section 73 of this act may be considered unless it is based on personal observation and examination of the allegedly mentally ill person made by such examining person not more than 72 hours prior to the making of the application or certificate.
κ1975 Statutes of Nevada, Page 1604 (CHAPTER 745, SB 374)κ
not more than 72 hours prior to the making of the application or certificate. The certificate shall set forth in detail the facts and reasons on which the examining person based his opinions and conclusions.
Sec. 75. Within 24 hours of a persons admission under emergency admission, the administrative officer of a mental health facility shall give notice of such admission by certified mail to the spouse, parent or legal guardian of that person.
Sec. 75.5. A petition filed with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to section 69 of this act shall include:
1. A certified copy of the application made pursuant to section 72 of this act with respect to the person detained; and
2. A petition executed by a psychiatrist, certified psychologist, or physician certifying that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or is gravely disabled as defined in subsection 2 of section 22 of this act.
Sec. 76. Proceedings for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of any county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or public health nurse, by a duly accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. Such petition shall be accompanied:
1. By a certificate of a physician or certified psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or that he is gravely disabled, as provided in subsection 2 of section 22 of this act; or
2. By a sworn written statement by the petitioner that:
(a) The petitioner has probable cause to believe that such person is mentally ill and , because of such illness is likely to harm himself or others, or is gravely disabled, as defined in subsection 2 of section 22 of this act; and
(b) That such person has refused to submit to examination or treatment by a physician, psychiatrist or certified psychologist.
Sec. 77. 1. Immediately after he receives any petition filed under section 75.5 or 76 of this act, the clerk of the district court shall transmit the petition to the appropriate district judge, who shall set a time and place for its hearing, which date should be within 7 calendar days from the time such petition is received by the clerk.
2. Notice of the petition and of the time and place of any proceedings thereon shall be given by the court to the subject of the petition, his attorney, if known, the petitioner, the district attorney of the county in which the court has its principal office and the administrative office of any mental health facility in which the subject of the petition is detained.
Sec. 78. (Deleted by amendment.)
Sec. 79. 1. After the filing of a petition to commence proceedings for involuntary court-ordered admission of a person pursuant to section 75.5
κ1975 Statutes of Nevada, Page 1605 (CHAPTER 745, SB 374)κ
or 76 of this act, the court shall promptly cause two or more physicians or certified psychologists, one of whom shall always be a physician, to examine the person alleged to be mentally ill, or request an evaluation from a multiple disciplinary team from the division of the person alleged to be mentally ill.
2. For the purpose of conducting the examination of a person who is not at a mental health facility under emergency admission pursuant to section 69 of this act, the court may order a peace officer to take the individual into protective custody and transport him to a mental health facility or hospital where he may be detained until a hearing is had upon the petition.
3. Unless the individual is admitted under an emergency admission pursuant to section 69 of this act, he may be allowed to remain in his home or other place of residence pending an ordered examination or examination and to return to his home or other place of residence upon completion of the examination or examinations. The individual may be accompanied by one or more of his relations or friends to the place of examination.
Sec. 79.5. The court in its discretion may require any petitioner under section 76 of this act, except any duly accredited agent of the department or any officer authorized to make arrests in the State of Nevada, to file an undertaking with surety to be approved by the court in the amount the court deems proper, conditioned to save harmless the person alleged to be mentally ill by reason of costs incurred, including attorney fees, if any, and damages suffered by the person as a result of such action.
Sec. 80. 1. The administrator shall establish such multiple disciplinary evaluation teams as are necessary to aid the courts under sections 79 and 86 of this act.
2. Each team shall be composed of a psychiatrist and other mental health professionals representative of the division selected from personnel in the division.
3. When performing as members of the team under sections 79 and 86 of this act, such persons shall receive the per diem expense allowance and travel expenses provided by law. Fees for such evaluations shall be established and collected as set forth in section 44 of this act.
Sec. 81. 1. In counties where the examining personnel required pursuant to section 79 of this act are not available, proceedings for involuntary court-ordered admission shall be conducted in the nearest county having such examining personnel available in order that there be minimum delay.
2. The entire expense of proceedings for involuntary court-ordered admission shall be paid by the county in which the application is filed, except that where the person to be admitted last resided in another county of the state the expense shall be charged to and payable by such county of residence.
Sec. 82. 1. The allegedly mentally ill person or any relative or friend on his behalf is entitled to retain counsel to represent him in any proceeding before the district court relating to involuntary court-ordered admission, and if he fails or refuses to obtain counsel, the court shall advise him and his guardian or next of kin, if known, of such right to counsel and shall appoint counsel, who may be the public defender or his deputy.
κ1975 Statutes of Nevada, Page 1606 (CHAPTER 745, SB 374)κ
counsel and shall appoint counsel, who may be the public defender or his deputy.
2. Any counsel appointed pursuant to subsection 1 shall be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. The compensation shall be charged against the estate of the person for whom the counsel was appointed, or if the person is indigent, the compensation shall be charged against the county where the allegedly mentally ill person last resided.
3. The court shall, at the request of any counsel, grant a recess in the proceedings for not more than 5 days to give the counsel an opportunity to prepare his case.
4. Each district attorney or his deputy shall appear and represent the state in all involuntary court-ordered admission proceedings in his county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered admission of a person to a mental health facility in proceedings held pursuant to section 75.5 or 76 of this act.
Sec. 83. Witnesses subpenaed under the provisions of this chapter shall be paid the same fees and mileage as are paid to witnesses in the courts of the State of Nevada.
Sec. 84. In proceedings for an involuntary court-ordered admission, the person with respect to whom the proceedings are held shall be present and may, at the discretion of the court, testify.
Sec. 85. In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony including but not limited to the testimony of examining personnel who participated in the evaluation of the person alleged to be mentally ill and the certificates of physicians or certified psychologists accompanying the petition.
Sec. 86. 1. If the district court finds, after proceedings for involuntary court-ordered admission, that the person with respect to whom such hearing was held:
(a) Is not mentally ill, or if mentally ill, does not exhibit observable behavior that he is likely to harm himself or others if allowed to remain at liberty, or is not gravely disabled, the court shall enter its finding to such effect and the person shall not be involuntarily detained in a mental health facility.
(b) Is mentally ill and, because of that illness, is likely to harm himself or others if allowed to remain at liberty, or is gravely disabled, the court may order the involuntary admission of the person for the most appropriate course of treatment.
2. An involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the mental health facility as provided for in subsection 2 of section 90.5 of this act. At the end of the court-ordered treatment period, the division or any nondivision mental health facility may petition to renew the detention of the person for additional periods of time not to exceed 6 months each. For each renewal, such petition shall set forth to the court specific reasons why further treatment would be in the persons own best interests.
κ1975 Statutes of Nevada, Page 1607 (CHAPTER 745, SB 374)κ
3. Before issuing an order pursuant to paragraph (b) of subsection 1 or a renewal pursuant to subsection 2, the court shall explore other alternative courses of treatment within the least restrictive environment as suggested by the division evaluation team or other qualified mental health professionals which the court believes will be in the best interests of the person.
Sec. 87. (Deleted by amendment.)
Sec. 88. 1. When any involuntary court admission is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, shall be delivered to the sheriff of the county who shall convey the person to the appropriate public or private mental health facility.
2. No mentally ill person may be conveyed to the mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance.
Sec. 89. The order for involuntary court admission of any person to a mental health facility, public or private, shall be accompanied by a clinical abstract, including a history of illness, diagnosis, treatment and the names of relatives or correspondents.
Sec. 90. 1. If any person involuntarily court-admitted to any division facility pursuant to section 86 of this act is found by the court not to be a resident of the State of Nevada and to be a resident of another place, he may be transferred to the state of his residence pursuant to section 46 of this act if an appropriate institution of that state is willing to accept him.
2. The approval of the administrator shall be obtained before any transfer is made pursuant to subsection 1.
Sec. 90.5. 1. When a client, involuntarily admitted to a mental health facility by court order, is released at the end of the period of time specified pursuant to section 86 of this act, written notice shall be given to the admitting court at least 10 days prior to the release of the client. The client may then be released without requiring further orders of the court.
2. An involuntarily court-admitted client may be released prior to the time period specified in section 86 of this act when:
(a) An evaluation team established under section 80 of this act or two mental health professionals, at least one of them being a physician, determines that the client has recovered from his mental illness or has improved to such an extent that he is no longer considered a danger to himself or others and is not gravely disabled; and
(b) Under advisement from the evaluation team or two mental health professionals, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court 10 days prior to the release of the client.
Sec. 91. 1. An indigent resident of this state discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county of his last residence. A non-resident indigent with such disabilities shall be returned to the county from which he was involuntarily court-admitted.
κ1975 Statutes of Nevada, Page 1608 (CHAPTER 745, SB 374)κ
from which he was involuntarily court-admitted. The administrative officer of the mental health facility shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county to which the person will be returned.
2. Delivery of the indigent resident defined in subsection 1 shall be made to an individual or agency authorized to provide further care.
3. This section does not authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
Sec. 92. 1. Any involuntarily court-admitted person may be conditionally released from a public or private mental health facility on convalescent leave when, in the judgment of the medical director of such facility, such convalescent status is in the best interest of the person and will not be detrimental to the public welfare.
2. When an involuntarily court-admitted person is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
3 When a court-adjudicated incompetent person is conditionally released from a mental health facility, the administrative officer of such mental health facility shall petition the court for restoration of full civil and legal rights as deemed necessary to facilitate such persons rehabilitation.
Sec. 93. The provisions of this chapter are applicable to any person who, on or after July 1, 1975, is a client or patient in a public or private hospital or mental health facility in the State of Nevada by reason of having been declared insane or of unsound mind pursuant to a court order entered in a noncriminal proceeding prior to such date.
Sec. 94. All applications and certificates for the admission of any person in the State of Nevada to a mental health facility under the provisions of this chapter shall be made on forms approved by the division and the office of the attorney general and furnished by the clerks of the district courts in each county.
Sec. 95. 1. Any person who:
(a) Without probably cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of any such person under this chapter; or
(b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to him under this chapter, shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
2. Any person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which such person secures or attempts to secure the apprehension, hospitalization, detention or restraint of the person alleged to be mentally ill, or any physician, psychiatrist or certified psychologist who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
κ1975 Statutes of Nevada, Page 1609 (CHAPTER 745, SB 374)κ
prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 96. Any public officer or employee who transports or delivers or assists in transporting or delivering or detains or assists in detaining any person pursuant to the provisions of this chapter shall not be rendered civilly or criminally liable thereby unless it is shown that such officer or employee acted maliciously or in bad faith or that his negligence resulted in bodily harm to such person.
Sec. 97. 1. When a client committed by a court to a division facility on or before June 30, 1975, or a client who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to sections 69 to 85, inclusive, of this act, escapes from any division facility, or when a judicially admitted client has not returned to a division facility from convalescent leave after the administrative officer of the facility has ordered him to do so, any peace officer shall, upon written request of the administrative officer or his designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.
2. Any person appointed or designated by the director of the department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.
Sec. 98. (Deleted by amendment.)
Sec. 99. Whenever a person, while undergoing imprisonment in the Nevada state prison, becomes mentally ill as determined by two mental health professionals, at least one of them being a psychiatrist, the warden shall apply to the administrator for detention and mental health treatment at an appropriate division facility as determined by the administrator. If adequate security and treatment services are not available in division facilities as determined by the administrator, the administrator shall make available consultation and other appropriate services within the resources available to the division as he deems necessary to the warden in order that the person is provided treatment at the Nevada state prison. It shall be the wardens decision whether to accept such services.
Sec. 100. 1. Whenever the administrator determines that state division facilities are inadequate for the care of any mentally ill person, he may designate two physicians, licensed under the provision of chapter 630 of NRS, and familiar with the field of psychiatry, to examine such person. If the two physicians concur in the opinion of the administrator, the administrator may contract with appropriate corresponding authorities in any other state of the United States having adequate facilities for such purposes for the reception, detention, care or treatment of such persons. The two physicians so designated shall receive a reasonable fee for their services based upon rates set by the Nevada industrial commission for similar services, which fee shall be paid by the county of the persons last-known residence.
2. Moneys to carry out the provisions of this section shall be provided by direct legislative appropriation.
κ1975 Statutes of Nevada, Page 1610 (CHAPTER 745, SB 374)κ
Sec. 101. 1. No person admitted to a public or private mental health facility pursuant to this chapter shall, by reason of such admission, be denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote and hold a drivers license, unless such person has been specifically adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity.
2. If the responsible physician of the mental health facility in which any person is detained is of the opinion that such person is unable to exercise any of the aforementioned rights, the responsible physician shall immediately notify the person and the persons attorney, legal guardian, spouse, parents or other nearest-known adult relative, and the district court of that fact.
Sec. 102. A court-adjudicated mentally incompetent person admitted to a public or private mental health facility may have a guardian appointed either by the admitting court or by the district court of the county wherein the mental health facility is located, on the application of any interested person or, in the case of an indigent, on the application of the district attorney of the county wherein the mental health facility is located. The provisions of chapter 159 of NRS shall govern the appointment and administration of guardianships created pursuant to this chapter.
Sec. 103. 1. The medical director of a division mental health facility shall have all adjudicated mentally incompetent persons of that facility automatically evaluated no less than once every 6 months to determine whether or not there is sufficient cause to believe that the client remains unable to exercise rights to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a drivers license.
2. If the medical director has sufficient reason to believe that the client remains unable to exercise these rights, such information shall be documented in the clients treatment record.
3. If there is no such reason to believe the client is unable to exercise these rights, the medical director shall immediately initiate proper action to cause to have the client restored to legal capacity.
Sec. 104. Any person in the State of Nevada who, by reason of a judicial decree ordering his hospitalization entered prior to July 1, 1975, is considered to be mentally incompetent and is denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a drivers license solely by reason of such decree shall, upon the expiration of the 6-month period immediately following such date, be deemed to have been restored to legal capacity unless, within such 6-month period, affirmative action is commenced to have the person adjudicated mentally incompetent by a court of competent jurisdiction.
Sec. 105. Upon admission to any division facility, each client and the clients spouse, parents or other nearest-known adult relative shall receive a written statement outlining in simple, nontechnical language all release procedures provided by this chapter, setting out all rights accorded to clients by this chapter and chapter 433 of NRS and describing procedures provided by law for adjudication of incompetency and appointment of a guardian for the client.
κ1975 Statutes of Nevada, Page 1611 (CHAPTER 745, SB 374)κ
provided by law for adjudication of incompetency and appointment of a guardian for the client.
Sec. 106. A clinical record for each client shall be diligently maintained. The record shall include information pertaining to the clients admission, legal status, treatment and individualized habilitation plan. The clinical record shall not be a public record and no part of it shall be released, except:
1. The record may be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.
2. The record shall be produced in response to a subpena or released to persons authorized by order of court.
3. The record or any part thereof may be disclosed to a qualified staff member of a division facility or an employee of the division when the administrator deems it necessary for the proper care of the client.
4 Information from the clinical records may be used for statistical and evaluation purposes if the information is abstracted in such a way as to protect the identity of individual clients.
5. To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.
Sec. 107. (There is no section 107.)
Sec. 108. Any client who has been involuntarily admitted by court order or voluntarily admitted to a division facility may be transferred to another division facility at the discretion of the administrator without court order.
Sec. 109. The medical director of a division facility may authorize the transfer to a United States Veterans Administration hospital or other facility of the United States Government any admitted client eligible for treatment therein.
Sec. 110. As used in sections 110 to 118, inclusive, of this act:
1. Treatment means treatment designed to facilitate the adjustment and effective functioning of an emotionally disturbed child in his present or anticipated life situation, and includes but need not be limited to:
(a) Outpatient services such as:
(1) Family counseling;
(2) Group therapy for parents, adolescents and children;
(3) Classes for parents in effective child management techniques;
(4) Individual therapy for children; and
(5) Evaluation services, including personal assessments and studies of individual social environments.
(b) Day care services, involving half-day or after-school educational programs and individual or group therapy programs.
(c) In cooperation with the welfare division of the department, placement in transitional homes operated by professionally trained parents working in close consultation with the clinic director and his staff.
(d) Short-term residential services providing 24-hour supervision, evaluation and planning and intensive family counseling, individual and group therapy and educational evaluation and consultation.
κ1975 Statutes of Nevada, Page 1612 (CHAPTER 745, SB 374)κ
2. Treatment facility means any division facility authorized by subsection 2 of section 111 of this act to provide treatment for emotionally disturbed children.
Sec. 111. 1. The division may provide treatment for emotionally disturbed children at any division facility.
2. The division is hereby authorized to operate treatment facilities specifically for the purpose of providing treatment for emotionally disturbed children.
Sec. 112. 1. The administrator shall appoint a clinic director to serve as the chief administrative officer of each treatment facility.
2. 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.
Sec. 113. The clinic director, subject to the approval of the administrator, shall establish 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. 114. The administrator is authorized to receive any emotionally disturbed child for treatment in a 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 for the child.
Sec. 115. 1. In any case involving commitment by court order, admission to the treatment facility shall be only after consultation with and approval by the clinic director or his designee, 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 a treatment facility until the clinic director determines that treatment in the facility is no longer beneficial to the child.
Sec. 116. 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 a 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. 117. (There is no section 117.)
Sec. 118. 1. Sections 110 to 118, 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 voluntary admission, involuntary court-ordered admission 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 110 to 118, inclusive, of this act.
Sec. 119. The mental health institute revolving fund in the sum of $7,500 is hereby created and may be used for the payment of institute bills requiring immediate payment and for no other purposes.
κ1975 Statutes of Nevada, Page 1613 (CHAPTER 745, SB 374)κ
bills requiring immediate payment and for no other purposes. The institute director is directed to deposit the revolving fund in one or more banks of reputable standing. Payments made from the mental health institute revolving fund shall be promptly reimbursed from appropriated funds of the institute as other claims against the state are paid.
Sec. 120. (Deleted by amendment.)
Sec. 121. 1. The administrative officer of each division mental health facility is authorized to accept gifts or bequests of money or property to such facility.
2. A mental health facility gift fund is hereby created for each division facility, and monetary gifts or bequests to the respective facilities shall be deposited in the state treasury to the credit of the appropriate fund. Amounts in the fund shall be used for division mental health facility purposes only and expended in accordance with the terms of the gift or bequest. Amounts in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the administrative officer before they are paid.
3. Gifts or bequests of property, other than money, may be sold or exchanged when it is deemed by the administrative officer and the administrator to be in the best interest of the division mental health facility. The sale price shall be not less than 90 percent of the value determined by a qualified appraiser appointed by the administrative officer. Moneys realized from the sale shall be deposited in the state treasury to the credit of the appropriate mental health facility gift fund and shall be spent for division mental health facility purposes only. Such property shall not be sold or exchanged if to do so would violate the terms of the gift or bequest.
Sec. 122. 1. The administrative officer of a division mental health facility may cause to be established a canteen operated for the benefit of clients and employees of the facility. So far as practical within good business practices, the prices of commodities sold shall approximate costs. The administrative officer shall cause to be kept a record of transactions in the operation of the canteen.
2. A separate canteen fund is hereby created for each division mental health facility which provides treatment on an inpatient basis. The administrator is hereby authorized to designate funds from budgeted resources in appropriate amounts to each such facility for the establishment and operation of canteens. Such funds shall be used to supplement the financial operation of the canteens, if required, to provide funds for needy clients canteen privileges, and to provide for such other expenditures benefiting the clients of such division facilities as the respective administrative officers may deem necessary. All amounts drawn from the funds shall be repaid whenever possible. Amounts generated in excess of those required to maintain operation of the canteens shall be used for the benefit of the clients.
3. The respective administrative officers shall cause the canteen funds to be deposited in one or more banks of reputable standing, and an appropriate sum may be maintained as petty cash at each canteen.
4. The respective administrative officers may cause to be appointed such staff as are necessary for the proper operation of the canteens.
κ1975 Statutes of Nevada, Page 1614 (CHAPTER 745, SB 374)κ
Sec. 123. No person may be admitted to a private hospital or division mental health facility pursuant to the provisions of this chapter unless mutually agreeable financial arrangements relating to the costs of treatment are made between the private hospital or division facility and the client or person requesting his admission.
Sec. 124. 1. When a person is admitted to a hospital under one of the various forms of admission prescribed by law, the parent or parents of a mentally ill person who is a minor or the husband or wife or adult child of a mentally ill person, if of sufficient ability, and the estate of such mentally ill person, if such estate is sufficient for the purpose, shall pay the cost of such mentally ill persons maintenance, including treatment and surgical operations, in any hospital in which such person is hospitalized under the provision of this chapter:
(a) To the administrative officer if such person is admitted to a division facility; or
(b) In all other cases, to the hospital rendering the service.
2. If such persons and estates liable for the care, maintenance and support of a committed person neglect or refuse to pay the administrative officer or the hospital rendering the service, the stat is entitled to recover, by appropriate legal action, all sums due plus interest at the rate of 7 percent per annum.
Sec. 125. 1. Once a court has ordered the admission of a person to a division mental health facility, the administrative officer shall make an investigation, pursuant to the provisions of this chapter, to determine whether or not such person or his relatives are capable of paying for all or a portion of the costs that will be incurred during such period of admission.
2. If such investigation reveals that the admitted persons estate or his relatives are capable of paying such costs, the administrative officer may petition the court of admission to modify its original order and require that such estate or relatives pay such expenses if such order did not so provide, or such petition may request increased payments as a result of such investigation.
Sec. 126. 1. Fees for the cost of treatment and services rendered through any division mental health facility shall be established pursuant to the fee schedule established by section 42 of this act.
2. The maximum fee established by the schedule shall approximate the actual per diem cost per client for the class of client care provided.
3. The fee schedule shall allow for a client to pay a portion of the maximum fee if it is determined that he is unable to pay the full amount. Such determination shall be made pursuant to section 125 of this act.
Sec. 127. (Deleted by amendment.)
Sec. 128. Determination of ability to pay pursuant to section 125 of this act shall include investigation of whether the client has benefits due and owing to him for the cost of his treatment from third party sources, such as Medicare, Medicaid, social security, medical insurance benefits, retirement programs, annuity plans, government benefits or any other financially responsible third parties. The administrative officer of a division mental health facility may accept payment for cost of a clients treatment from the clients insurance company, Medicare or Medicaid and other similar third parties.
κ1975 Statutes of Nevada, Page 1615 (CHAPTER 745, SB 374)κ
Sec. 129. 1. If the client, his responsible relative or guardian neglects or refuses to pay the cost of treatment to the division mental health facility rendering service pursuant to the fee schedule established by section 42 of this act, the state is entitled to recover by appropriate legal action all sums due, plus interest.
2. Prior to such legal action, the division mental health facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.
Sec. 130. 1. The expenses of hospitalization of:
(a) A mentally ill person prior to court-ordered admission; or
(b) A person who is admitted to a hospital pursuant to this chapter and released without court-ordered admission,
shall be paid by the county in which such person resides, unless voluntarily paid by such person or on his behalf.
2. The county may recover all or any part of the expenses paid by it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of such person; or
(c) A relative made responsible by section 124 of this act, to the extent that financial ability is found in such action to exist.
Sec. 131. Payment for the care, support, maintenance and other expenses of a person admitted to a division mental health facility shall not be exacted from such persons estate if there is a likelihood of such persons recovery or release from such facility and payment will reduce his estate to such an extent that he is likely to become a burden on the community in the event of his discharge from such facility.
Sec. 132. 1. The administrative officers of the respective division mental health facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of clients who are adjudicated mentally incompetent for subsistence, care or other expenses of such clients. Each agreement and bond shall be to the State of Nevada and any action to enforce the same may be brought by the administrative officer.
2. Financially responsible relatives and the guardian of the estate of such clients may, from time to time, pay moneys to the division mental health facility for the future personal needs of the mentally incompetent client and for his burial expenses. Sums so paid shall be credited to the clients personal deposit funds.
Sec. 132.5. 1. Every person who is admitted to a hospital and not determined to be indigent and every responsible relative of a person admitted shall be charged for the cost of treatment and is liable for such cost. If after demand is made for payment the person or his responsible relative fails to pay such cost, the administrative officer may recover the amount due by civil action.
2. All sums received by the administrative officer of a division facility pursuant to subsection 1 shall be deposited in the state treasury and may be expended by the division for the support of the division facility in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 133. 1. There may be maintained at each division mental health facility a fund to be known as the clients personal deposit fund.
κ1975 Statutes of Nevada, Page 1616 (CHAPTER 745, SB 374)κ
2. Moneys coming into the possession of the administrative officer of the division mental health facility belonging to a client shall be deposited in the fund in the name of that client.
3. When practicable, individual credits in the fund shall not exceed the sum of $150.
4. Any amounts to the credit of an individual may be used for the purchase of personal necessities, may be applied to the expense of burial or may be turned over to the client upon his demand, except that when the client is adjudicated mentally incompetent the guardian of his estate shall have the right to demand and receive the funds.
5. Amounts accepted for the benefit of a client for special purposes shall be reserved for such purposes regardless of the total amount to the credit of the client.
6. Except as provided in subsection 7, the administrative officers shall deposit the fund for their respective division facilities in commercial accounts with banks of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess, at interest, in a savings account in any reputable commercial bank, or any federally insured savings and loan association which is a stock company and not a mutual association, within the state. The savings account shall be in the name of the fund. Interest paid on deposits in the savings account may be used for recreation purposes at the division facility.
7. The administrative officers may maintain at their respective division mental health facilities petty cash of not more than $400 of the moneys in the clients personal deposit fund to enable clients to withdraw small sums from their accounts.
Sec. 134. (There is no section 134.)
Sec. 135. Whenever any person admitted to a division mental health facility dies and there is no demand made upon the administrative officer of the facility by such decedents legally appointed representative, all personal property of such decedent remaining in the custody or possession of such administrative officer shall be held by him for a period of 1 year from the date of the decedents death for the benefit of the heirs, legatees or successors of such decedent. Upon the expiration of this period, all personal property and documents of the decedent, other than cash remaining unclaimed, in the possession of the administrative officer shall be disposed of as follows:
1. All deeds, contracts or documents shall be filed by the administrative officer with the public administrator of the county from which the client was admitted.
2. All other personal property shall be sold at public auction or upon a sealed bid basis, and the proceeds of the sale shall be applied to the decedents unpaid balance for costs incurred at the division facility.
Sec. 136. When any person admitted to a division mental health facility is discharged and fails to recover or make arrangements to recover personal property in the custody of the administrative officer of the facility, such property shall be held in safekeeping for the benefit of the client for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by such person or his legal representative, all such property may be considered as unclaimed property and be disposed of in the same manner as unclaimed property of deceased persons under the provisions of section 135 of this act.
κ1975 Statutes of Nevada, Page 1617 (CHAPTER 745, SB 374)κ
such person or his legal representative, all such property may be considered as unclaimed property and be disposed of in the same manner as unclaimed property of deceased persons under the provisions of section 135 of this act.
Sec. 137. If, upon the death or release of a person admitted to a division mental health facility, the value of unclaimed personal property in the possession of the administrative officer of the facility is so minimal that it cannot be sold at public auction or by sealed bid and if the property, either in its present condition or in an improved or adapted condition, cannot be used by the division facility, the administrative officer may order the personal property destroyed.
Sec. 138. Claims by a division mental health facility against the estates of deceased clients may be presented to the executor or administrator in the manner required by law, and shall be paid as preferred claims equal to claims for expenses of last illness. When a deceased person has been maintained at a division mental health facility at a rate less than the maximum usually charged, or the facility has incurred other expenses for the benefit of the person for which full payment has not been made, the estate of the person shall be liable if the estate is discovered within 5 years after the persons death.
Sec. 139. (There is no section 139.)
Sec. 140. The expense of diagnostic, medical and surgical services furnished to a client admitted to a division mental health facility by persons not on the staff of the facility, whether rendered while the client is in a general hospital, an outpatient of a general hospital or treated outside any hospital, shall be paid by the client, the guardian or relatives responsible for his care, or, in the case of an indigent client or a client whose estate is inadequate to pay such expenses, shall be a charge upon the county from which the admission to the division facility was made, if the client had, prior to admission, been a resident of such county. The expense of such medical and surgical services shall not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the client is admitted payment should be made for nonresident indigent clients and funds are authorized pursuant to section 39 of this act.
Sec. 140.5. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 141 and 141.5 of this act.
Sec. 141. Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter shall be construed as depriving a mentally retarded person of his full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incompetency wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.
Sec. 141.5. The following terms, wherever used or referred to in this chapter, have the following meanings unless a different meaning clearly appears in the context:
1. Child means any person under the age of 21 years who may be eligible for mental retardation services.
2. Group care facility means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.
κ1975 Statutes of Nevada, Page 1618 (CHAPTER 745, SB 374)κ
3. Person includes a child as defined in subsection 1 and any other mentally retarded client who has attained the age of 21 years.
Sec. 142. NRS 435.010 is hereby amended to read as follows:
435.010 1. The boards of county commissioners of the various counties shall make provision for the support, education and care of the mentally retarded children of their respective counties.
2. For that purpose they are empowered to make all necessary contracts and agreements to carry out the provisions of NRS 435.010 to 435.040, inclusive. Any such contract or agreement may be made with any responsible person or [institution] facility in or without the State of Nevada.
3. The provisions of NRS 435.010 to 435.040, inclusive, supplement the services which other political subdivisions or agencies of the state are required by law to provide, and do not supersede or relieve the responsibilities of such political subdivisions or agencies.
Sec. 143. NRS 435.020 is hereby amended to read as follows:
435.020 [1. All children:
(a) Who are entitled to relief;
(b) Who are free from offensive or contagious diseases;
(c) Who are unable to pay for their support, education and instruction in any institution; and
(d) Whose parents, relatives, guardians or nearest friends are unable to pay for their support, education and instruction, shall be entitled to the benefits of NRS 435.010 to 435.040, inclusive.
2. All children in the northern Nevada childrens home and the southern Nevada childrens home shall be entitled to benefits of NRS 435.010 to 435.040, inclusive.] All mentally retarded children are entitled to benefits under NRS 435.010 to 435.040, inclusive:
1. Who are unable to pay for their support and care;
2. Whose parents, relatives or guardians are unable to pay for their support and care; and
3. If division facilities are to be utilized, whom the division recognizes as proper subjects for services within such division facilities.
Sec. 144. NRS 435.030 is hereby amended to read as follows:
435.030 1. A parent, relative, guardian or nearest friend of any mentally retarded child, resident of this state, may file with the board county commissioners of the proper county an application under oath stating:
(a) That [by reason of deficient mental understanding, the child is disqualified from being taught by the ordinary process of instruction or education;] the child meets the criteria set forth in NRS 435.020; and
(b) That the [applicant is unable to pay for the childs support, education and instruction in an institution or by a responsible person.] child requires services not otherwise required by law to be provided to him by any other county, political subdivision or agency of this or any other state.
2. If the board of county commissioners is satisfied that the statements made in the application are true, the board shall issue a certificate to that effect.
κ1975 Statutes of Nevada, Page 1619 (CHAPTER 745, SB 374)κ
3. The board of county commissioners shall make necessary arrangements for the transportation of a mentally retarded [child to the institution or responsible person] child to any responsible person or facility to be utilized pursuant to contract or agreement as designated in NRS 435.010 at the expense of the county.
4. A certificate of the board of county commissioners, when produced, shall be the authority of any responsible person or [institution] facility in or without the State of Nevada under contract with the board of county commissioners to receive any such mentally retarded child
Sec. 145. NRS 435.040 is hereby amended to read as follows:
435.040 1. In case [an inmate] a resident of the northern Nevada childrens home or the southern Nevada childrens home is adjudged to be mentally retarded, a responsible person or [institution] facility as designated in NRS 435.010 [is authorized to] may receive the [inmate] resident from the superintendent of such childrens home and shall make provision for such child in the same manner as if received from a board of county commissioners.
2. The county of the childs residence immediately preceding admission to the childrens home shall bear the expense of transportation to the responsible person or [institution] facility and of the subsequent care.
3. If the child is a dependent child committed to the northern Nevada childrens home or the southern Nevada childrens home under the provisions of NRS 423.210, the county shall be entitled to receive from the parent or parents, and to recover by appropriate legal action if necessary, all sums expended by the county under subsection 2; but the sum which the county may receive or recover shall not exceed the amount which the district court has ordered such parent or parents to pay under NRS 423.210.
Sec. 146. (Deleted by amendment.)
Sec. 147. NRS 435.060 is hereby amended to read as follows:
435.060 The division [is authorized to] may operate a [cottage type] group care facility or facilities for the purpose of caring for and maintaining mentally retarded [children] persons until such [children] persons can live in a more normal situation.
Sec. 148. NRS 435.070 is hereby amended to read as follows:
435.070 The division shall be responsible for the administration of all [cottage type] group care facilities established pursuant to NRS [435.050] 435.060 to 435.120, inclusive, and may enter into such agreements with public and private agencies and adopt such rules and regulations as it deems necessary for the operation of any such facility.
Sec. 149. NRS 435.077 is hereby amended to read as follows:
435.0977 1. The administrator shall establish regulations for the transfer of mentally retarded persons from one facility to another facility operated by the division.
2. Any mentally retarded person committed by court order or voluntarily admitted to a facility operated by the division may be transferred from one facility to another at the discretion of the administrator without [further] court order.
3. Subject to the provisions of subsection 4, when the associate administrator for mental retardation determines that it is in the best interest of the person, he may discharge, or place on convalescent leave, any mentally retarded person in a facility operated by the division.
κ1975 Statutes of Nevada, Page 1620 (CHAPTER 745, SB 374)κ
the person, he may discharge, or place on convalescent leave, any mentally retarded person in a facility operated by the division.
4. When a mentally retarded person is committed to a division facility by court order, the committing court shall be given 10 days notice prior to the discharge of such person.
Sec. 150. NRS 435.081 is hereby amended to read as follows:
435.081 1. The administrator [of the division is authorized to] or his designee may receive and care for mentally retarded [children] persons of the State of Nevada in a facility operated by the division when:
(a) A person is [properly] judicially committed to the care of the administrator; [of the division;] or
(b) [Admission of children not over the age of 21 years] Voluntary admission of a person is requested by [a] his parent, parents or guardian upon application to the administrator, [of the division,] and space is available in a facility operated by the division which is designed and equipped to [treat the patient seeking admission.] provide appropriate care, treatment and training for mentally retarded persons.
2. A minor child over 2 years of age may be received, cared for and examined at [the Nevada mental health institute] a division mental retardation facility without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the [medical director of such institute] administrator or his designee shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the [medical directors] administrators report.
Sec. 151. NRS 435.085 is hereby amended to read as follows:
435.085 The [medical director of the Nevada mental health institute, if a mentally retarded child is committed to such institute, or the administrator of the division, if such child is admitted to another facility operated by the division,] administrative officer of a division facility may authorize the transfer of a [committed] mentally retarded [child] person to a general hospital for necessary diagnostic, medical or surgical services not available [at the Nevada mental health institute or other type facility. Such services shall be performed at a hospital designated by such medical director or administrator; and in no case shall the patient be transported to the county charged with the costs of such patients hospitalization unless the medical director or administrator, as the case may be, deems it convenient to the institute or other type facility, and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the institute staff nor on the staff of the other type facility, whether rendered while the committed mentally retarded child is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in case the parents or guardian of the mentally retarded child are indigent or such child does not have an adequate estate, such charge shall be paid by the county from which the commitment was made.] within the division. All expenses incurred under this section shall be paid as follows:
κ1975 Statutes of Nevada, Page 1621 (CHAPTER 745, SB 374)κ
1. In the case of a judicially committed mentally retarded person, such expenses shall be paid by his parents or guardian to the extent of their reasonable financial ability as determined by the administrator, and the remainder, if any, shall be a charge upon the county of the mentally retarded persons last known residence;
2. In the case of a mentally retarded person admitted to a division facility pursuant to NRS 435.010 to 435.030, inclusive, such expenses shall be a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and
3. In the case of a mentally retarded person admitted to a division facility upon voluntary application as provided in NRS 435.081, such expenses shall be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the administrator, and for the remainder, if any, the administrator shall explore all reasonable alternative sources of payment.
Sec. 152. NRS 435.090 is hereby amended to read as follows:
435.090 1. When any mentally retarded child is committed to a division facility [operated by the division] by a court of competent jurisdiction, the court shall examine the parent, parents or guardian of such child regarding the ability of such parent, parents or guardian or the estate of the child to contribute to the care, support and maintenance of such child while residing in such facility.
2. If the court determines that the parent, parents or guardian of the child is able to contribute, it shall enter an order prescribing the amount to be contributed.
3. If the court determines that the estate of the child is able to contribute, it shall enter an order requiring that a guardian of the estate of the child be appointed, if there is none, and that the guardian of the estate contribute the amount prescribed by the court from such estate.
4. If the parent, parents or guardian fail or refuse to comply with the order of the court, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest. [at the rate of 7 percent per annum.]
Sec. 153. NRS 435.100 is hereby amended to read as follows:
435.100 1. When any mentally retarded person is transferred from one care facility operated by the division to another care facility operated by the division, the parent, parents or guardian shall continue to contribute such amount for the care, support and maintenance of such [child] person as may have previously been ordered by the court of competent jurisdiction committing such [child.] person.
2. If no such order was entered by the committing court, the division may petition such court for an order requiring the parent, parents or guardian to contribute.
3. Any order for contribution entered under the provisions of subsection 2 shall be entered in the same manner and have the same effect as an order for contribution entered under the provisions of NRS 435.090.
Sec. 154. NRS 435.110 is hereby amended to read as follows:
435.110 1. When any mentally retarded child is admitted to a facility operated by the division at the request of a parent, parents or guardian, such parent, parents or guardian shall enter into an agreement with the division providing for the contribution of an amount for the care, support and maintenance of such child as determined by the division to be reasonable.
κ1975 Statutes of Nevada, Page 1622 (CHAPTER 745, SB 374)κ
division providing for the contribution of an amount for the care, support and maintenance of such child as determined by the division to be reasonable. In determining the amount, the division shall give consideration to the ability of the parent, parents or guardian to make such a contribution, and may excuse the making of any contributions.
2. If the parent, parents or guardian fail or refuses to perform under the terms of the agreement, the division is entitled to recover from the parent, parents or guardian, by appropriate legal action, all sums due together with interest. [at the rate of 7 percent per annum.]
3. If the division determines that the parent, parents or guardian do not have the ability to contribute an amount sufficient to pay for the care, support and maintenance of such child, but that the estate of such child is able to contribute, the division may make application to a court of competent jurisdiction for the appointment of a guardian of the estate of such child, if there is none, and for an order requiring such guardian to contribute an amount as determined by the court.
Sec. 155. NRS 435.115 is hereby amended to read as follows:
435.115 The administrator [of the division] shall establish a fee schedule, in consultation with the state association for retarded children and subject to the approval of the [mental hygiene and mental retardation advisory] board and the director of the department, [of human resources,] for services rendered to the mentally retarded by the division.
Sec. 156. NRS 435.120 is hereby amended to read as follows:
435.120 Any moneys collected by the division under NRS [435.050] 436.060 to 435.110, inclusive, shall be deposited in a separate nonreverting fund in the state treasury and shall be expended for the augmentation of the mental retardation residential placement fund, hereby created in the state treasury, in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 157. NRS 435.130 is hereby amended to read as follows:
435.130 The intent of the legislature in the enactment of NRS 435.130 to 435.320, inclusive, is to aid mentally or functionally retarded persons who are not served by existing programs to receive high quality care and training in an effort to help them [enter into society able to take care of themselves and to] become useful citizens. [, through a program of subsidizing staff for qualifying training centers which provide such help to such persons.]
Sec. 158. NRS 435.140 is hereby amended to read as follows:
435.140 As used in NRS 435.130 to 435.320, inclusive, unless the context otherwise requires, the words and terms defined in NRS [435.150 to 435.200,] 435.170 to 435.190, inclusive, have the meanings ascribed to them in [NRS 435.150 to 435.200, inclusive.] such sections.
Sec. 159. NRS 435.230 is hereby amended to read as follows:
435.230 In order to qualify for the aid provided for by NRS 435.130 to 435.320, inclusive, a center must:
1. File an application with the division for a certificate of qualification, which shall include:
(a) The name and address and of the center.
(b) The names, addresses and qualifications of the administrative personnel of the center.
κ1975 Statutes of Nevada, Page 1623 (CHAPTER 745, SB 374)κ
(c) An outline of the educational, vocational and care program to be offered.
(d) The number of enrollees or expected enrollees.
(e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended (26 U.S.C. § 501(c) (3)).
(f) The number and qualification of staff personnel.
(g) A complete and detailed proposed financial statement for the operations for the coming year.
(h) Any other information which the division may, in its discretion, require.
2. [On or before July 1 of each] Each year after the original application is made under subsection 1, file an application for renewal of certificate of qualification, which shall contain:
(a) The information required by subsection 1.
(b) The total number of staff members, enrollees and days of care and training that the center provided during the previous year.
(c) The number of enrollees and days of care and training that the center provided during the previous year to such enrollees who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and the standards established by the division.
(d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.
(e) Any other information that the division may, in its discretion, require.
3. Have a minimum staff of one person for each group of five retarded persons or major fraction thereof.
4. Be inspected by a member or authorized agent of the division to determine if the centers facilities are proper and adequate.
5. Keep accurate daily attendance records and establish uniform financial statements and bookkeeping procedures as prescribed by the division.
6. Maintain standards not inconsistent with those required by NRS 435.130 to 435.320, inclusive, or established by the division to qualify for funds from other sources, such as United Fund and United States Government programs.
7. Before certifying an enrollee as mentally retarded, require:
(a) A documentary history of retarded overall functioning; and
(b) Substantiation, through evaluation by a qualified diagnostic team.
8. Meet all other standards set by the division.
Sec. 160. NRS 435.240 is hereby amended to read as follows:
435.240 1. All applications for a certificate of qualification which have been approved by the administrator shall be reviewed by the [advisory] board for approval or rejection.
2. If an application is rejected by the administrator, he shall notify the applicant in writing of such reject15214ion, setting out the reasons therefor.
3. Within 30 days after the administrator mails the notice of rejection of the application, the applicant may appeal such rejection to the [advisory] board. The [advisory] board shall review the application and the reasons for its denial and may receive evidence, documentary or testimony, to aid it in its decision.
κ1975 Statutes of Nevada, Page 1624 (CHAPTER 745, SB 374)κ
reasons for its denial and may receive evidence, documentary or testimony, to aid it in its decision. Thereafter, the [advisory] board shall issue its decision rejecting the application or remanding the application to the administrator for approval. The decision of the [advisory] board is final.
4. No new applicants shall be certified if the certification brings the average support per enrollee below [$200]
$300 per quarter for those centers that are already certified.
Sec. 161. (Deleted by amendment.)
Sec. 162. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 163 to 169, inclusive, of this act.
Sec. 163. The division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for mentally retarded persons.
Sec. 164. 1. The division may accept gifts, bequests, grants or any other outside source of income for mental retardation facilities of the division.
2. All such moneys received shall be spent in accordance with the provisions of the gift, bequest or grant. In the absence of such provisions, the division may spend the moneys at its discretion.
3. All such moneys received shall be deposited in the state treasury to the credit of the mental retardation gift fund which is hereby created.
4. Fund transactions shall be accounted for in accordance with generally accepted accounting principles for trust and agency funds and the provisions of the Fiscal and Accounting Procedures Law.
Sec. 165. 1. No mentally retarded client may be detained in a division facility after reaching the age of 21 unless:
(a) Such client makes voluntary application for services which the division is designed and equipped to provide; or
(b) The division initiates proceedings, within 3 working days, for commitment when such procedure can be shown to be in the clients own best interest.
2. In no case shall the parents or relatives be responsible for the costs of further care and treatment within a division facility of a mentally retarded client 21 years of age or older.
3. Under subsection 1, the client or his estate, when able, may be required to contribute a reasonable amount toward the costs of care and treatment. Otherwise, the full costs of such services shall be borne by the state.
Sec. 166. (Deleted by amendment.)
Sec. 167. 1. Each mentally retarded person admitted to a division facility is entitled to all rights enumerated in section 50 of this act.
2. The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons. The person designated shall file such regulations with the administrator.
3. Clients rights specified in section 50 of this act may be denied only for cause. Any denial of such rights shall be entered in the clients treatment record, and notice of such denial shall be forwarded to the administrators designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.
κ1975 Statutes of Nevada, Page 1625 (CHAPTER 745, SB 374)κ
4. Upon receipt of notice of a denial of rights as provided in subsection 3, the administrators designee or designees shall cause a full report to be prepared which shall set forth in detail the factual circumstances surrounding such denial. A copy of the report shall be directed to the administrator and the board.
5. The board shall have such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of section 55 of this act.
Sec. 168. The administrator or his designee shall work with the court in adopting and promulgating procedures for the commitment of the mentally retarded. The administrator shall develop the regulations and present them to the court to be used as criteria for commitment of mentally retarded persons.
Sec. 169. Unless specifically excluded by law, the provisions of this chapter apply to all facilities within the division offering services to mentally retarded persons.
Sec. 170. NRS 436.090 is hereby amended to read as follows:
436.090 Except as otherwise provided in NRS [436.100 to 436.370,] 436.110 to 436.320, inclusive:
1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
2. All moneys in any fund available to the division for carrying out the provisions of this chapter shall be paid out on claims approved by the administrator as other claims against the state are paid.
Sec. 171. NRS 436.110 is hereby amended to read as follows:
436.110 The legislature declares that the purposes of [NRS 436.100 to 436.370, inclusive,] this chapter are:
1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to the mentally retarded, through locally controlled community mental health programs.
2. To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of [NRS 436.100 to 436.370, inclusive,] this chapter that services to individuals shall be rendered only upon voluntary application.
Sec. 172. NRS 436.120 is hereby amended to read as follows:
436.120 As used in [NRS 436.100 to 436.370, inclusive, governing body means the board of county commissioners.] this chapter, unless the context requires otherwise:
1. County board means a county mental health advisory board.
2. County director means the director of a county program.
3. County program means a county community mental health program.
κ1975 Statutes of Nevada, Page 1626 (CHAPTER 745, SB 374)κ
4. Governing body means the board of county commissioners.
5. Service means a mental health service.
Sec. 173. NRS 436.125 is hereby amended to read as follows:
436.125 The division shall administer [NRS 436.100 to 436.370, inclusive,] this chapter and shall adopt guidelines for [local] county community mental health [services and centers] programs and rules and regulations necessary thereto, but such standards, rules and regulations shall be adopted only after consultation with and approval of the divisions [advisory] board and the county director of each [local mental health service or center] county program being so administered. Such standards, rules, and regulations shall be intended to support and maximize local responsibility for and control of [community mental health services and centers] county programs within the framework of general state guidelines. The division shall be subject to administrative supervision of the director of the department. [of human resources.]
Sec. 174. NRS 436.130 is hereby amended to read as follows:
436.130 The governing body of any county may by ordinance or resolution establishes a county community mental health [services, which services] program which may cover the entire area of the county.
Sec. 175. NRS 436.140 is hereby amended to read as follows:
436.140 1. The [community mental health services] county program shall have a [local] county mental health advisory board of seven to [10] 15 members appointed by the governing body. [Three members of the advisory board shall, if there are so many who consent to serve, be physicians engaged in the private practice of medicine, one of whom shall, when available, be a specialist in psychiatry and one of whom shall, when available, be a specialist in the treatment of mental retardation. One member shall be the chairman of the local governing body, one member shall, if he consents to serve, be a district judge of the judicial district in which the community mental health services is located, and at least two members shall be persons representative of the public interest in mental health and the problems of mental retardation.] The composition of the county board shall be representative of providers of mental health services, recipients or consumers of mental health services, agencies and occupations having a working involvement with mental health services and the general public, but such representation need not be in any fixed proportion.
2. The term of each member of the advisory board shall be for 3 years, but of the members first appointed approximately one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
Sec. 176. NRS 436.150 is hereby amended to read as follows:
436.150 The [local mental health advisory] county board shall:
1. Review and evaluate [the communitys] communities needs, services, facilities and special problems in the fields of mental health and mental retardation.
2. Advise the governing body as to programs of community mental health services and facilities and services to the mentally retarded, and, when requested by such governing body, make recommendation regarding the appointment of a [local director of mental health services.] county director.
κ1975 Statutes of Nevada, Page 1627 (CHAPTER 745, SB 374)κ
3. After adoption of a program, continue to act in an advisory capacity to the [local director of mental health services.] county director.
Sec.177. NRS 436.160 is hereby amended to read as follows:
436.160 The county board, with the approval of a majority of the governing body, shall appoint a [local director of mental health services or the board of directors of the community mental health center shall appoint a director of the community mental health center,] county director, who shall be a qualified mental health professional. [Applicants for such position need not be residents of the county or state and may be employed on a full- or part-time basis.] The choice of appointing a physician or one who is not a physician rests with the county board, and in making such choice the county board shall consider the duties that the county director is expected to perform.
Sec. 178. NRS 436.170 is hereby amended to read as follows:
436.170 The [local director of mental health services or the director of the community mental health center] county director shall:
1. Serve as chief executive officer of the [community mental health services or center accountable to the advisory board or the board of directors of the community mental health center.] county program and be accountable to the county board.
2. Exercise administrative responsibility and authority over [mental health services] the county program and facilities furnished, operated or supported [,] in connection therewith, and over services to the mentally retarded [.] , except as administrative responsibility is otherwise provided for in this Title.
3. Recommend to the governing body, after consultation with the [advisory board or the board of directors,] county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of [NRS 436.100 to 436.370, inclusive.] this chapter.
4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge of his duties, including the control and prevention of psychiatric disorders and the treatment of mental retardation.
Sec. 179. NRS 436.180 is hereby amended to read as follows:
436.180 The governing body of any county may by agreement with the governing body or bodies of any other county or counties establish joint community mental health [services.] programs.
Sec. 180. NRS 436.190 is hereby amended to read as follows:
436.190 1. Any agreement between two or more counties for the establishment of joint [mental health services] county programs shall provide:
(a) That each county shall bear its share of the cost of the joint [mental health services provided] county program in proportion to the population of each county served.
(b) That the county treasurer of one participating county shall be the custodian of moneys made available for the purposes of such joint [services] program and that the county treasurer may make payments from such moneys upon warrant of the appropriate officer or body of the county for which he is county treasurer.
κ1975 Statutes of Nevada, Page 1628 (CHAPTER 745, SB 374)κ
from such moneys upon warrant of the appropriate officer or body of the county for which he is county treasurer.
2. Any such agreement may also provide:
(a) For the joint provision and operation of services and facilities or for the provision and operation of services and facilities by one participating county under contract for the other participating counties.
(b) For appointments of members of the [local mental health advisory board or the board of directors of the community mental health center] board for the joint program by the several participating counties.
(c) That for specified purposes officers and employees of such joint [mental health services] county programs shall be considered to be officers and employees of one participating county only.
(d) For such other matters as are necessary or proper to effectuate the purposes of [NRS 436.100 to 436.370, inclusive,] this chapter.
Sec. 181. NRS 436.200 is hereby amended to read as follows:
436.200 Unless otherwise expressly provided or required by the context, the provisions of [NRS 436.100 to 436.370, inclusive,] this chapter relating to county community mental health [services,] programs and the appointment of [local mental health advisory] county boards [or boards of directors of community mental health centers,] or county directors shall apply to joint [mental health services.] county programs.
Sec. 182. NRS 436.210 is hereby amended to read as follows:
436.210 The [community mental health services or centers may] county director may, with the approval of a majority of the governing body, contract for services and facilities with any hospital, clinic, laboratory or other similar institution.
Sec. 183. NRS 436.220 is hereby amended to read as follows:
436.220 The expenses incurred under the provisions of [NRS 436.100 to 4365.370, inclusive,] this chapter shall be a charge against the county [or the community mental health center] and shall be audited, levied, collected and paid in the same manner as other charges.
Sec. 184. NRS 436.230 is hereby amended to read as follows:
436.230 Expenditures made by counties for [community mental health services,] county programs, including services to the mentally retarded, pursuant to [NRS 436.100 to 436.370, inclusive,] this chapter, shall be reimbursed by the state pursuant to NRS 436.240 to [436.370,] 436.320, inclusive.
Sec. 185. NRS 436.240 is hereby amended to read as follows:
436.240 [The community mental health services provided under NRS 436.100 to 436.370, inclusive, shall include:
1. Inpatient services.
2. Outpatient services.
3. Partial-care services such as day care, night care and weekend care.
4. Emergency services available at all times.
5. Consultation, education, information, and referral services available to the general public, community agencies and professional personnel.] 1. A service operated within a county program shall be directed to at least one of the following mental health areas:
κ1975 Statutes of Nevada, Page 1629 (CHAPTER 745, SB 374)κ
(a) Mental illness;
(b) Mental retardation;
(c) Organic brain and other neurological impairment;
(d) Alcoholism; and
(e) Drug abuse.
2. A service is any of the following:
(a) Diagnostic service;
(b) Emergency service;
(c) Inpatient service;
(d) Outpatient or partial hospitalization service;
(e) Residential, sheltered or protective care service;
(f) Habilitation or rehabilitation service;
(g) Prevention, consultation, collaboration, education or information service; and
(h) Any other service approved by the division.
Sec. 186. NRS 436.250 is hereby amended to read as follows:
436.250 To be eligible for reimbursement a county, or in the case of joint [community mental health service,] county programs, two or more counties, shall first:
1. Establish [two] one or more of the [facilities or] services provided for in NRS 436.240. In-service training necessary to providing such services shall be proper items of expenditures subject to state reimbursement.
2. Annually submit to the administrator a plan for proposed expenditures. The administrator shall review such plan to determine compliance with standards established in [NRS 436.100 to 436.370, inclusive,] this chapter and fix the amount subject to state reimbursement. Existing services may qualify pursuant to the provisions of [NRS 436.100 to 436.370, inclusive,] this chapter for reimbursement upon determination by the [local advisory board or board of directors] county board that such services shall be subject to and administered under the provisions of [NRS 436.100 to 436.370, inclusive.] this chapter.
Sec. 187. NRS 436.260 is hereby amended to read as follows:
436.260 Expenditures incurred for the items specified in NRS 436.240 shall be subject to reimbursement in accordance with the regulations of the division whether incurred by direct or joint operation of such [facilities and] services, by contracting for such services or by other arrangement pursuant to the provisions of NRS 436.100 to [436.370,] 436.320, inclusive. The administrator may make such investigations and audits of such expenditures as he may deem necessary.
Sec. 188. NRS 436.270 is hereby amended to read as follows:
436.270 1. [Subject to appropriations therefor, the state shall pay to each county 70 percent of the amount raised and budgeted by the county, the community mental health center, the local director of mental health services or the director of the community mental health center on account of expenses subject to reimbursement by the state pursuant to NRS 436.260.] Moneys provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 436.230 to 436.260, inclusive, shall be allotted to the governing body as follows:
κ1975 Statutes of Nevada, Page 1630 (CHAPTER 745, SB 374)κ
(a) The state shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 436.250 if the county has complied with the provisions of paragraph (b).
(b) Prior to payment under this subsection, the governing body of a county must submit evidence to the administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.
2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to the mentally retarded in the State of Nevada shall be disbursed through the division in accordance with the provisions of [NRS 436.100 to 436.370, inclusive,] this chapter and rules and regulations promulgated in accordance [with NRS 436.100 to 436.370, inclusive.] therewith.
Sec. 189. NRS 436.280 is hereby amended to read as follows:
436.280 Where counties have established joint [mental health services,] county programs, expenditures subject to reimbursement are the prorated expenditures of such counties as provided by the agreement establishing the joint [services.] program.
Sec. 190. NRS 436.290 is hereby amended to read as follows:
436.290 1. Expenditures subject to reimbursement include:
(a) Expenditures for the items specified in NRS 436.240;
(b) Salaries of personnel;
(c) Approved facilities and services provided through contract;
(d) Operation, maintenance and service costs;
(e) Such other expenditures as may be approved by the administrator.
2. Reimbursement may not be made for:
(a) Expenditures for capital improvements;
(b) The purchase or construction of buildings;
(c) Compensation to members of a [local mental health advisory board or a board of directors of a community mental health center,] county board, except for actual and necessary expenses incurred in the performance of official duties;
(d) [Expenditures for treatment services furnished to patients who are able to obtain private care;
(e)] Expenditures for a purpose for which state reimbursement is claimed under any other provision of law;
[(f)] (e) Expenditures incurred for court procedures under this or any other provision of law; or
[(g)] (f) The cost of confinement of any person in excess of 90 days in any 1 calendar year.
3. Reimbursement may not be made to any county or counties which employ a physician in the [local mental health service] county program who is not a lawful permanent resident of the United States.
Sec. 191. NRS 436.310 is hereby amended to read as follows:
436.310 Fees for mental health services, including services to the mentally retarded, rendered pursuant to an approved [local] county plan shall be charged in accordance with ability to pay, but not in excess of actual cost.
κ1975 Statutes of Nevada, Page 1631 (CHAPTER 745, SB 374)κ
Sec. 192. NRS 436.320 is hereby amended to read as follows:
436.320 1. [There is hereby established the Nevada conference of local mental health directors with which the administrator shall consult in establishing standards and rules and regulations pursuant to NRS 436.100 to 436.370, inclusive. Until three community mental health services are established, the membership of the Nevada conference of local mental health directors shall consist of local mental health directors, full-time county health officers and diplomates of the American Board of Psychiatry and Neurology practicing in the State of Nevada.
2. The Nevada conference of local mental health directors shall consist of all regularly appointed directors of community mental health services. It shall organize and annually elect a president, a vice president and a secretary who shall serve as the executive committee of the conference. The president of the conference, after consultation with the administrator, may appoint such other committees of the conference as may from time to time be necessary to advise the administrator.
3. Meetings of the conference shall be called by the administrator, who shall give the members at least 10 days notice of such meetings. At official sessions of conference meetings the administrator shall preside, but the conference may hold additional sessions as may be determined upon by the executive committee of the conference, at which the president or other members of the conference shall preside. Those members present at official sessions shall make a quorum.
4. Actual and necessary expenses incurred by a member in attending not more than four meetings per year of the conference shall be a legal charge against the county which he represents. Actual and necessary expenses incurred by members of the conference in attending special meetings of the committees of the conference called by the administrator shall be a legal charge against any funds available for the administration of NRS 436.100 to 436.370, inclusive.] There is hereby established the Nevada conference of county community mental health programs. The division shall take appropriate steps to effectuate the establishment of the conference as provided in this section.
2. The voting membership of the conference shall consist of the county director of each county program and one member of the county board of each county program to be chosen by such board. The non-voting membership of the conference shall consist of the administrator and such other employees of the division as the administrator shall designate, but such employees shall be not less than two nor more than 15 in number.
3. A scheduled meeting of the conference shall be convened at least once every 6 months. A nonscheduled meeting shall be convened upon the request of two-thirds of the voting membership. Meetings shall be called and chaired by the administrator or his official designee.
4. The conference may organize itself in such manner and adopt such procedures as it deems appropriate.
5. The purpose of the conference is to serve as an organized forum for the discussion of the following matters:
(a) Recommendations for rules of the division to implement this chapter as provided in NRS 436.120;
κ1975 Statutes of Nevada, Page 1632 (CHAPTER 745, SB 374)κ
(b) Coordination and integration of county program services and state services; and
(c) Such other matters as members may bring before the conference in connection with county programs or the relationship between county programs and the division.
6. A resolution, proclamation, recommendation or similar pronouncement of the conference does not have any legal effect.
Sec. 193. (Deleted by amendment.)
Sec. 194. (Deleted by amendment.)
Sec. 195. (Deleted by amendment.)
Sec. 196. (Deleted by amendment.)
Sec. 197. NRS 49.215 is hereby amended to read as follows:
49.215 As used in NRS 49.215 to 49.245, inclusive:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patients family.
2. Doctor means a person licensed to practice medicine, dentistry, osteopathy or psychology in any state or nation, or a person who is reasonably believed by the patient to be so licensed [.] and in addition includes a person employed by a public or private agency as a psychologist or psychiatric social worker, or someone under his guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.
Sec. 198. (Deleted by amendment.)
Sec. 199. NRS 160.160 is hereby amended to read as follows:
160.160 1. In any proceeding under the laws of this state for [commitment] involuntary court-ordered admission of a person alleged to be [of unsound mind] mentally ill as defined in subsection 2 of section 22 of this act or otherwise in need of confinement in a hospital or other institution for his care, the court may [commit] order the admission of such person to the Veterans Administration or other agency of the United States Government, whenever:
(a) It is determined, after such adjudication of the status of such person as may be required by [chapter 433 of NRS, that commitment] sections 60 to 140, inclusive, of this act, that involuntary court-ordered admission to a hospital for mental disease or other institution is necessary for safekeeping or treatment; and
(b) It appears that such person is eligible for care or treatment by the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein.
2. The person whose [commitment] involuntary court-ordered admission is sought shall be personally served with notice of the pending [commitment] proceeding in the manner provided by [chapter 433 of NRS.] sections 60 to 140, inclusive, of this act. Nothing in this chapter shall affect such persons right to appear and be heard in the proceedings.