[Rev. 2/28/2019 3:20:15 PM]
LAWS OF THE STATE OF NEVADA
κ1968 Statutes of Nevada, 13th Special Session, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
THIRTEENTH SPECIAL SESSION OF THE LEGISLATURE
1968
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Senate Bill No. 1Committee on Finance
CHAPTER 1
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved February 7, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $200,000.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 2Committee on Taxation
CHAPTER 2
AN ACT to amend an act entitled AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1965, and ending June 30, 1966, and commencing July 1, 1966, and ending June 30, 1967; providing for the levy and collection of ad valorem taxes on personal property not placed on the secured tax roll; and providing other matters properly relating thereto, approved April 13, 1965; validating and confirming certain action; and providing other matters properly relating thereto.
[Approved February 19, 1968]
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 433, Statutes of Nevada 1965, at pages 1158 and 1159, is hereby amended to read as follows:
Section 2. For the fiscal year commencing July 1, 1966, and ending June 30, 1967, an ad valorem tax of [28] 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
κ1968 Statutes of Nevada, 13th Special Session, Page 2 (CHAPTER 2, SB 2)κ
as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 2. All action taken prior to the effective date of this act by the Nevada tax commission and the governing bodies of all taxing units within the state relating to the levy and collection of an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property for state purposes for the fiscal year commencing July 1, 1966, and ending June 30, 1967, is hereby ratified and approved.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 4Messrs. Roy Young and Glaser
CHAPTER 3
AN ACT to repeal NRS 449.010, relating to the unlawful location and maintenance of hospitals near public schools.
[Approved February 22, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 449.010 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 5Washoe and Storey Counties Delegation
CHAPTER 4
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada; providing for the creation of a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive; providing the basic function of such corporation and the character thereof; specifying powers, duties, rights, privileges, liabilities and limitations in connection therewith; and providing other matters properly relating thereto.
[Approved February 22, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. The board of regents, in the name and on the behalf of the University of Nevada may:
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of the University of Nevada in Washoe County.
2. Provide the name of the corporation.
κ1968 Statutes of Nevada, 13th Special Session, Page 3 (CHAPTER 4, AB 5)κ
3. Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The power enumerated in NRS 81.310; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which such corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of such corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada or its board of regents, as it may determine, for the benefit of the University of Nevada upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 3. Neither the University of Nevada nor its board of regents shall be obligated to acquire from such nonprofit corporation any property acquired by it, except as is otherwise provided in section 8 of this act.
Sec. 4. Such nonprofit corporation, upon its formation, shall be:
1. A corporate agency of the University of Nevada and its board of regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
Sec. 5. No part of the activities of such corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, or participation or intervention in (including without limitation the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Sec. 6. The activities of such corporation are hereby determined to be essentially public in nature.
Sec. 7. Any income of the corporation shall not inure to any member thereof or to any other private person, partnership or corporation, excluding any payment of the nonprofit corporations operation and maintenance expenses, any securities requirements, and any other obligations based on contract or tort.
Sec. 8. The University of Nevada, or its board of regents, as it may determine, shall have the beneficial interest in such corporation while any obligations evidenced by its bonds or other securities remain outstanding; and the university or the board, as it may determine, may obligate itself to take full legal title to the property of the corporation upon the retirement of its securities.
Sec. 9. The university, acting by and through the board may:
1. Approve the corporation and any securities issued thereby.
κ1968 Statutes of Nevada, 13th Special Session, Page 4 (CHAPTER 4, AB 5)κ
2. Do all acts and things as may be necessary or convenient or desirable, as the board may determine, to further the powers provided in this section.
Sec. 10. This act shall become effective upon passage and approval.
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Senate Bill No. 9Committee on Federal, State and Local Governments
CHAPTER 5
AN ACT relating to regional planning; to enact on the part of the State of Nevada the Tahoe Regional Planning Compact; making an appropriation; and providing other matters properly relating thereto.
[Approved February 23, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The Tahoe Regional Planning Compact, set forth in full in section 3 of this act, is hereby enacted into law.
Sec. 3. The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
Article I. Findings and Declarations of Policy
(a) It is found and declared that the waters of Lake Tahoe and other resources of the Lake Tahoe region are threatened with deterioration or degeneration, which may endanger the natural beauty and economic productivity of the region.
(b) It is further declared that by virtue of the special conditions and circumstances of the natural ecology, developmental pattern, population distribution and human needs in the Lake Tahoe region, the region is experiencing problems of resource use and deficiencies of environmental control.
(c) It is further found and declared that there is a need to maintain an equilibrium between the regions natural endowment and its manmade environment, to preserve the scenic beauty and recreational opportunities of the region, and it is recognized that for the purpose of enhancing the efficiency and governmental effectiveness of the region, it is imperative that there be established an areawide planning agency with power to adopt and enforce a regional plan of resource conservation and orderly development, to exercise effective environmental controls and to perform other essential functions, as enumerated in this title.
Article II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of the Counties of Douglas, Ormsby, and Washoe lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15, North, Range 16 East, M.D.B.&M.
κ1968 Statutes of Nevada, 13th Special Session, Page 5 (CHAPTER 5, SB 9)κ
State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15, North, Range 16 East, M.D.B.&M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan shall mean the long-term general plan for the development of the region.
(e) Interim plan shall mean the interim regional plan adopted pending the adoption of the regional plan.
(f) Planning commission means the advisory planning commission appointed pursuant to paragraph (h) of Article III.
Article III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Each member shall be a member of the city council or county board of supervisors which he represents and, in the case of a supervisor, shall be a resident of a county supervisorial district lying wholly or partly within the region.
One member appointed by each of the boards of county commissioners of Douglas, Ormsby and Washoe counties. Any member so appointed shall be a resident of the county from which he is appointed and may be, but is not required to be:
(1) A member of the board which appoints him; and
(2) A resident of or the owner of real property in the region,
as each board of county commissioners may in its own discretion determine. The manner of selecting the person so to be appointed may be further prescribed by county ordinance. A person so appointed shall before taking his seat on the governing body disclose all his economic interests in the region, and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. If any board of county commissioners fails to make an appointment required by this paragraph within 30 days after the effective date of this act or the occurrence of a vacancy on the governing body, the governor shall make such appointment. The position of a member appointed by a board of county commissioners shall be deemed vacant if such member is absent from three consecutive meetings of the governing body in any calendar year.
κ1968 Statutes of Nevada, 13th Special Session, Page 6 (CHAPTER 5, SB 9)κ
One member appointed by the Governor of California and one member appointed by the Governor of Nevada. The appointment of the California member is subject to Senate confirmation, he shall not be a resident of the region and shall represent the public at large. The member appointed by the Governor of Nevada shall not be a resident of the region and shall represent the public at large.
The Administrator of the California Resources Agency or his designee and the Director of the Nevada Department of Conservation and Natural Resources or his designee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) The term of office of the members of the governing body shall be at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date oftener than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date, place and agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be two years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) A majority of the members of the governing body from each state shall constitute a quorum for the transaction of the business of the agency. A majority vote of the members present representing each state shall be required to take action with respect to any matter. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency, which shall consist of an equal number of members from each state. The commission shall include but shall not be limited to: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of the Counties of Douglas, Ormsby, and Washoe in Nevada, the Placer County Director of Sanitation, the El Dorado County Director of Sanitation, the county health officer of Douglas County or his designee, the county health officer of Washoe County or his designee, the Chief of the Bureau of Environmental Health of the Health Division of the Department of Health, Welfare and Rehabilitation of the State of Nevada or his designee, the executive officer of the Lahontan Regional Water Quality Control Board or his designee, the executive officer of the Tahoe Regional Planning Agency who shall act as chairman, and at least four lay members each of whom shall be a resident of the region.
κ1968 Statutes of Nevada, 13th Special Session, Page 7 (CHAPTER 5, SB 9)κ
County Director of Sanitation, the county health officer of Douglas County or his designee, the county health officer of Washoe County or his designee, the Chief of the Bureau of Environmental Health of the Health Division of the Department of Health, Welfare and Rehabilitation of the State of Nevada or his designee, the executive officer of the Lahontan Regional Water Quality Control Board or his designee, the executive officer of the Tahoe Regional Planning Agency who shall act as chairman, and at least four lay members each of whom shall be a resident of the region.
(i) The agency shall establish and maintain an office within the region. The agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken. Upon receipt of certified copies of the resolutions or notifications appointing the members of the governing body, the Secretary of State of each respective state shall notify the Governor of the state who shall, after consultation with the Governor of the other state, issue a concurrent call for the organization meeting of the governing body at a location determined jointly by the two governors.
(k) Each state may provide by law for the disclosure or elimination of conflicts of interest on the part of members of the governing body appointed from that state.
Article IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this act or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
κ1968 Statutes of Nevada, 13th Special Session, Page 8 (CHAPTER 5, SB 9)κ
Article V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this paragraph shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this paragraph.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 60 days after such request is delivered to the agency.
Tahoe Regional Plan
(b) Within 15 months after the formation of the agency, the planning commission shall recommend a regional plan. Within 18 months after the formation of the agency, the governing body shall adopt a regional plan. After adoption, the planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall include the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to, an indication or allocation of maximum population densities.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to, freeways, parkways, highways, transportation facilities, transit routes, waterways, navigation and aviation aids and facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
κ1968 Statutes of Nevada, 13th Special Session, Page 9 (CHAPTER 5, SB 9)κ
the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region. Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private individuals.
(c) All provisions of the Tahoe regional general plan shall be enforced by the agency and by the states, counties and cities in the region.
Tahoe Regional Interim Plan
(d) Within 60 days after the formation of the agency, the planning commission shall recommend a regional interim plan. Within 90 days after the formation of the agency, the governing body shall adopt a regional interim plan. The interim plan shall consist of statements of development policies, criteria and standards for planning and development, of plans or portions of plans, and projects and planning decisions, which the agency finds it necessary to adopt and administer on an interim basis in accordance with the substantive powers granted to it in this agreement.
(e) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan and interim plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
(f) All provisions of the interim plan shall be enforced by the agency and by the states, the counties, and cities.
Article VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional and interim plans.
κ1968 Statutes of Nevada, 13th Special Session, Page 10 (CHAPTER 5, SB 9)κ
Every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the basin, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory. The regulations shall contain general, regional standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers; harbors, breakwaters; or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the interim plan or the general plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the interim or general plan.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the interim plan or the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
Interim regulations shall be adopted within 90 days from the formation of the agency and final regulations within 18 months after the formation of the agency.
Every plan, ordinance, rule, regulation or policy adopted by the agency shall recognize as a permitted and conforming use any business or recreational establishment which is required by law of the state in which it is located to be individually licensed by the state, if such business or establishment:
(1) Was so licensed on February 5, 1968, or was licensed for a limited season during any part of the calendar year immediately preceding February 5, 1968.
(2) Is to be constructed on land which was so zoned or designated in a finally adopted master plan on February 5, 1968, as to permit the construction of such a business or establishment.
(b) All ordinances, rules, regulations and policies adopted by the agency shall be enforced by the agency and by the respective states, counties, and cities. The appropriate courts of the respective states, each within its limits of territory and subject matter provided by state law, are vested with jurisdiction over civil actions to which the agency is a party and criminal actions for violations of its ordinances. Each such action shall be brought in a court of the state where the violation is committed or where the property affected by a civil action is situated, unless the action is brought in a federal court. For this purpose, the agency shall be deemed a political subdivision of both the State of California and the State of Nevada.
(c) Except as otherwise provided in paragraph (d), all public works projects shall be reviewed prior to construction and approved by the agency as to the projects compliance with the adopted regional general plan.
κ1968 Statutes of Nevada, 13th Special Session, Page 11 (CHAPTER 5, SB 9)κ
agency as to the projects compliance with the adopted regional general plan.
(d) All plans, programs and proposals of the State of California or Nevada, or of its executive or administrative agencies, which may substantially affect, or may specifically apply, to the uses of land, water, air, space and other natural resources in the region, including but not limited to public works plans, programs and proposals concerning highway routing, design and construction, shall be referred to the agency for its review, as to conformity with the regional plan or interim plan, and for report and recommendations by the agency to the executive head of the state agency concerned and to the Governor. A public works project which is initiated and is to be constructed by a department of either state shall be submitted to the agency for review and recommendation, but may be constructed as proposed.
(e) The agency shall police the region to ensure compliance with the general plan and adopted ordinances, rules, regulations and policies. If it is found that the general plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
(f) Violation of any ordinance of the agency is a misdemeanor.
(g) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(h) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(i) Whenever a new city is formed within the region, the membership of the governing body shall be increased by two additional members, one appointed by, and who shall be a member of, the legislative body of the new city, and one appointed by the Governor of the state in which the city is not located. A member appointed by the Governor of California is subject to Senate confirmation.
(j) Every record of the agency, whether public or not, shall be open for examination to the Legislative Analyst of the State of California and the Fiscal Analyst of the State of Nevada.
(k) Whenever under the provisions of this article or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any proposal, public or private, the agency shall take final action, whether to approve, to require modification or to reject such proposal, within 60 days after such proposal is delivered to the agency. If the agency does not take final action within 60 days, the proposal shall be deemed approved.
Article VII. Finances
(a) Except as provided in paragraph (e), on or before December 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion not more than $150,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region.
κ1968 Statutes of Nevada, 13th Special Session, Page 12 (CHAPTER 5, SB 9)κ
the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. Each county in California shall pay the sum allotted to it by the agency from any funds available therefor and may levy a tax on any taxable property within its boundaries sufficient to pay the amount so allocated to it. Each county in Nevada shall pay such sum from its general fund or from any other moneys available therefor.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall be strictly accountable to any county in the region for all funds paid by it to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursements.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds.
(e) As soon as possible after the ratification of this compact, the agency shall estimate the amount of money necessary to support its activities:
(1) For the remainder of the then-current fiscal year; and
(2) If the first estimate is made between January 1 and June 30, for the fiscal year beginning on July 1 of that calendar year.
The agency shall then allot such amount among the several counties, subject to the restriction and in the manner provided in paragraph (a), and each county shall pay such amount.
(f) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
Article VIII. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in paragraph (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators.
κ1968 Statutes of Nevada, 13th Special Session, Page 13 (CHAPTER 5, SB 9)κ
the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation or distribution of interstate waters or upon any appropriative water right.
Sec. 4. 1. It is unlawful for any member of the governing body of the Tahoe Regional Planning Agency to be interested in any contract made by him, or be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.
2. All contracts made in violation of subsection 1 may be declared void at the instance of the Tahoe Regional Planning Agency, or of any other party interested in such contract, except the member prohibited from making or being interested in such contract.
3. Any person violating the provisions of this section, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not more than $1,000, or by imprisonment in the state prison for not more than 1 year, or by both fine and imprisonment.
Sec. 5. The Tahoe Regional Planning Agency fund is hereby created in the state treasury. This fund shall consist of such moneys as may be provided by direct legislative appropriation. Moneys in the fund shall be expended for the support of, or paid over directly to, the Tahoe Regional Planning Agency in whatever amount and manner is directed by each appropriation or provided by law.
Sec. 6. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any region of this state for which there has been created by interstate compact a regional planning agency, the powers of a county for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 7. Chapter 266 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any region of this state for which there has been created by interstate compact a regional planning agency, the powers of a city incorporated under this chapter for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 8. Chapter 267 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any region of this state for which there has been established by interstate compact a regional planning agency, the powers of a city organized under this chapter with respect to the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 9. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any region of this state for which there has been established by interstate compact a regional planning agency, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to the powers of such regional planning compact.
Sec. 10. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1968 Statutes of Nevada, 13th Special Session, Page 14 (CHAPTER 5, SB 9)κ
In any region of this state for which there has been established by interstate compact a regional planning agency, the powers of an unincorporated town for the location and construction of all public works are subordinate to the powers of such regional planning agency.
Sec. 11. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any region of this state for which there has been created by interstate compact a regional planning agency, the powers conferred by this chapter are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by this chapter shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.
2. Upon the adoption by a regional planning agency created by interstate compact of any regional plan or interim plan, any plan adopted pursuant to this chapter shall cease to be effective as to the territory embraced in such regional or interim plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional or interim plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.
Sec. 12. Chapter 309 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any region of this state for which there has been established by interstate compact a regional planning agency, the powers of any district organized or reorganized under this chapter with respect to the location and construction of all improvements are subordinate to the powers of such regional planning agency.
Sec. 13. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any region of this state for which there has been established by interstate compact a regional planning agency, the powers of any district organized, reorganized or required to reorganize under this chapter with respect to the location and construction of all improvements are subordinate to the powers of such regional planning agency.
Sec. 14. There is hereby appropriated from the general fund in the state treasury to the Tahoe Regional Planning Agency fund the sum of $45,000. As soon as the agency certifies to each participating Nevada county the amount of its allotted share of the budget of the agency for any remaining portion of the fiscal year ending June 30, 1968, or for the fiscal year ending June 30, 1969, or any portion thereof, the board of county commissioners shall certify such amount to the state controller, who shall then draw his warrant payable to the agency for one-half of the amount so certified, for the account of the appropriate county. The state treasurer shall pay each such warrant from the Tahoe Regional Planning Agency fund.
Sec. 15. The secretary of state shall transmit a certified copy of sections 2 to 5, inclusive, of this act to the governor of the State of California. The governor of this state, as soon as:
κ1968 Statutes of Nevada, 13th Special Session, Page 15 (CHAPTER 5, SB 9)κ
1. He is officially advised that the State of California has enacted the Tahoe Regional Planning Compact set forth in section 3 of this act; and
2. The Congress of the United States has approved such compact,
shall proclaim that the compact has been so enacted and approved.
Sec. 16. 1. Sections 15 and 16 of this act shall become effective upon passage and approval.
2. Sections 1 to 14, inclusive, of this act shall become effective upon proclamation by the governor of this state of the enactment of the Tahoe Regional Planning Compact by the State of California and its approval by the Congress of the United States.
________
Senate Bill No. 18Committee on Finance
CHAPTER 6
AN ACT relating to the support of public schools; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of chapter 322, Statutes of Nevada 1967, at page 890, is hereby amended to read as follows:
Section 5. 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) Basic support of each school district shall be computed by multiplying the average daily attendance by the basic support guarantee per pupil established in section 3 of this act. [, except that in any year when the average daily attendance of a school district is less than the average daily attendance during the prior year, and such lesser average daily attendance was not anticipated at the time estimates were made by the superintendent of the county or joint school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in an amount such that the total apportionment for the year does not exceed the total apportionment for the prior year. As a condition precedent to such authorization, the superintendent of the county or joint school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request.]
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
κ1968 Statutes of Nevada, 13th Special Session, Page 16 (CHAPTER 6, SB 18)κ
(1) The proceeds of the 70-cent local tax computed as provided in NRS 387.195 or 387.250;
(2) Twenty-five percent of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year; and
(3) The proceeds of the local school support tax imposed by sections 16 to 171, inclusive, of this act. The Nevada tax commission shall furnish an estimate of such proceeds, based upon actual collections during the preceding fiscal year, to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the August apportionment of the succeeding fiscal year to reflect any difference between such estimate and actual receipts.
(c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection.
(d) Apportionments shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils in average daily attendance and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
(e) For any year when the average daily attendance of a school district in any category is less than the average daily attendance in such category during the prior year, and such lesser average daily attendance was not anticipated at the time estimates were made by the superintendent of the county or joint school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the average daily attendance of the prior year in the category so affected for the average daily attendance of the current year in the category so affected. As a condition precedent to such authorization, the superintendent of the county or joint school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, category means any one of the groups of persons separately described in paragraphs (a), (b) and (c) of subsection 1 of section 4 of chapter 322, Statutes of Nevada 1967.
(f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by chapter 322, Statutes of Nevada 1967, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
κ1968 Statutes of Nevada, 13th Special Session, Page 17 (CHAPTER 6, SB 18)κ
paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
(1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
(2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
(3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.
(4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
(5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.
(6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.
(7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
(8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as emergency loans are explained.
κ1968 Statutes of Nevada, 13th Special Session, Page 18 (CHAPTER 6, SB 18)κ
(9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 15Clark County Delegation
CHAPTER 7
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 40 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 446, Statutes of Nevada 1963, at page 1201, is hereby amended to read as follows:
Section 40. 1. All special assessments shall from the date of approval of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed [.] coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
2. The special assessments shall be due and payable without demand and without interest within 30 days from the approval of the final assessment roll. All assessments remaining unpaid at the end of the cash payment period, at the option of the board, may be made payable in not less than four nor more than 10 equal annual installments of principal, with interest thereon at a rate of interest not exceeding 7 percent per annum.
3. The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date.
4. Any penalty which may be established by the board in the assessment resolution must also be paid in full before the lien will be released.
κ1968 Statutes of Nevada, 13th Special Session, Page 19 (CHAPTER 7, SB 15)κ
Sec. 2. The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto a new section which shall be designated section 43.5, shall immediately follow section 43 and shall read as follows:
Section 43.5. 1. When any special assessment is confirmed and payable, the board may direct the district secretary to report to the county treasurer a description of such lots and premises as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the county treasurer to collect the several sums so assessed as a tax upon the several lots or premises to which they were assessed. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the resolution confirming the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
Such amount shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds.
2. Nothing in this section shall be construed as preventing the district from collecting any special assessment by suit in the name of the board; and the special assessment roll and the certified resolution confirming it shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 14Committee on Finance
CHAPTER 8
AN ACT making a supplemental appropriation from the state highway fund for the support of the public service commission of Nevada during the fiscal years 1967-1968 and 1968-1969; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the fiscal year ending June 30, 1968, there is hereby appropriated from the state highway fund the sum of $16,619 for the support of the public service commission of Nevada as an additional and supplemental appropriation to that allowed and made by section 36 of chapter 441, Statutes of Nevada 1967.
2. After June 30, 1968, any unexpended balance of the appropriation made by subsection 1 of this section shall not be encumbered or committed for expenditure and shall revert to the state highway fund on September 1, 1968.
Sec. 2. 1. For the fiscal year ending June 30, 1969, there is hereby appropriated from the state highway fund the sum of $6,953 for the support of the public service commission of Nevada as an additional and supplemental appropriation to that allowed and made by section 36 of chapter 441, Statutes of Nevada 1967.
κ1968 Statutes of Nevada, 13th Special Session, Page 20 (CHAPTER 8, SB 14)κ
supplemental appropriation to that allowed and made by section 36 of chapter 441, Statutes of Nevada 1967.
2. After June 30, 1969, any unexpended balance of the appropriation made by subsection 1 of this section shall not be encumbered or committed for expenditure and shall revert to the state highway fund on September 1, 1969.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 11Clark County Delegation
CHAPTER 9
AN ACT to enable the board of county commissioners of Clark County, Nevada, to contract specially for the development of an airport, to acquire land therefor, and to issue revenue bonds and other securities in connection therewith; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature finds and declares:
1. That the present and reasonably anticipated future developments of travel by jet aircraft have created a need for airport facilities radically different in scale and location from any now available in this state;
2. That the situation of Clark County within easy distance by short-haul aircraft from the principal population centers of the rapidly growing Southwest, and with an abundance of land suited to a large-scare airport, offers an exceptional location for a jet-age airport to serve the entire region; and
3. That to enable Clark County to take full advantage of this opportunity requires the enactment of legislation, not appropriate to the other counties of the state.
Sec. 2. 1. The board of county commissioners of Clark County, without any election, hearing or other preliminaries, but subject to the provisions of subsection 2 of this section, is authorized to enter into an agreement for any term not exceeding 15 years with Hughes Tool Company, a Delaware corporation, for the development of a jet airport, and notwithstanding the term of the agreement may extend beyond the term of office of any member of such board. This agreement may provide:
(a) That the board of county commissioners will acquire the necessary land in Clark County from the Federal Government, or otherwise, taking title in the name of Clark County;
(b) That Hughes Tool Company will construct a jet airport and suitable related facilities on such land at its own expense, including without limitation any improvements authorized by the Municipal Airports Act;
(c) That the board of county commissioners may, on or after the date of completion of construction, purchase the improvements constructed by Hughes Tool Company at the cost of construction, to be determined as provided in the agreement.
κ1968 Statutes of Nevada, 13th Special Session, Page 21 (CHAPTER 9, SB 11)κ
provided in the agreement. The following options as to method of payment, singly or in any combination, shall be provided:
(I) Payment in cash;
(II) Delivery of revenue bonds issued pursuant to section 3 of this act; and
(III) Conveyance of the existing McCarran Airport to Hughes Tool Company at its appraised value at the time of conveyance;
(d) That Clark County will convey title to the land to Hughes Tool Company on terms provided in such agreement in the event such board does not purchase the improvements constructed by Hughes Tool Company, subject to any conditions subsequent or other limitations imposed by the conveyance of such land to Clark County; and
(e) Other provisions necessary or proper to effectuate those specifically authorized by this section, and may require the board of county commissioners to use their best efforts to obtain from the Congress of the United States a release of those certain conditions subsequent which were attached to the original conveyance of the land now occupied by McCarran Airport to Clark County.
2. The agreement shall provide that its provisions shall not become effective until the agreement is ratified and approved by the legislature of the State of Nevada.
Sec. 3. For the purpose either of delivering bonds as payment or of raising money for cash payment by their public or private sale, or a combination of these, as provided in section 2 of this act, the board of county commissioners is authorized to issue revenue bonds pledging the gross or net revenues of the jet airport to be acquired but not constituting a general obligation of Clark County. Such bonds may be issued without approval at any election, may bear interest at a rate of not more than 6 percent per annum, and may mature serially over a term of not more than 30 years. In all other respects, the general provisions of the Local Government Securities Law, including the provisions for refunding, apply to bonds issued pursuant to this section. In supplementation of the powers authorized by this act such board may exercise any powers granted by the Municipal Airports Act or any other act and may sell at public or private sale and may issue without any election bonds and other securities payable from gross pledged revenues or net pledged revenues derived from the operation of or otherwise pertaining to such jet airport or any facilities thereat.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 22κ
Senate Bill No. 10Committee on Judiciary
CHAPTER 10
AN ACT relating to the reserve for statutory contingency fund; making an appropriation thereto; providing that the states expenses under the Uniform Criminal Extradition Act shall be paid from such fund; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the reserve for statutory contingency fund the sum of $17,529.
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 the payment of claims which are obligations of the state under NRS 7.260, 41.037, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040, [and] 353.120, [and] sections 277 and 320 of [this act.] chapter 523, Statutes of Nevada 1967, and section 26 of chapter 415, Statutes of Nevada 1967.
Sec. 3. Section 26 of chapter 415, Statutes of Nevada 1967, entitled An Act to amend chapter 179 of NRS, relating to special criminal proceedings, by adopting the Uniform Criminal Extradition Act; providing penalties; and to repeal NRS 179.210 to 179.300, inclusive, relating to fugitives from justice, at page 1103, is hereby amended to read as follows:
Section 26. When the punishment of the crime is the confinement of the criminal in the [penitentiary,] Nevada state prison, the expenses shall be paid out of the [state treasury, on the certificate of the governor and warrant of the state controller;] reserve for statutory contingency fund upon approval by the state board of examiners; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and [not exceeding 5 cents a mile for all necessary travel] necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning such prisoner.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 23κ
Senate Bill No. 8Committee on Finance
CHAPTER 11
AN ACT making an appropriation from the general fund in the state treasury to the Title XIX fund for the fiscal year 1967-1968; authorizing the transfer of such appropriated moneys from one fiscal year to the other under certain conditions; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the fiscal year ending June 30, 1968, there is hereby appropriated from the general fund in the state treasury to the Title XIX fund the sum of $600,000 as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 441, Statutes of Nevada 1967.
2. The moneys appropriated by subsection 1 of this section:
(a) Shall be available for both fiscal years, 1967-1968 and 1968-1969.
(b) May be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
(c) Are excluded from the provisions of section 25 of chapter 369, Statutes of Nevada 1967. For the purpose of this paragraph, the moneys appropriated by subsection 1 shall be deemed the last moneys to be expended from the Title XIX fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 6Clark County Delegation
CHAPTER 12
AN ACT concerning Nevada Southern University; authorizing the acquisition of certain specified facilities thereat, the issuance and sale of revenue bonds and other securities of the University of Nevada for such purpose, and the use and repayment of the receipts of such securities; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, duties, rights, privileges, immunities, liabilities, limitations and other details in connection with the University of Nevada, its board of regents, its regional branch designated Nevada Southern University, such facilities, such securities, the revenues for their payment, their proceeds, other moneys and pledges and liens pertaining thereto, including without limitation by reference to the University Securities Law; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the University Securities Law; but the following terms whenever used or referred to in this act and in the University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
κ1968 Statutes of Nevada, 13th Special Session, Page 24 (CHAPTER 12, SB 6)κ
University Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 5, inclusive, of this act.
Sec. 2. Net pledged revenues means all the pledged revenues, as defined in this act, without any deduction of any operation and maintenance expenses except as provided in such definition of pledged revenues.
Sec. 3. Pledged revenues means the student fees, as defined in this act, and if hereafter authorized by law, all net income and revenues, if any, to be derived from the operation of income-producing facilities of the university or from other available sources and to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended.
Sec. 4. Project means the construction, other acquisition and improvement (or any combination thereof) of the buildings, structures and other facilities required or desired by the university on the campus of Nevada Southern University in Clark County as delineated and described in section 6 of this act, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 5. Student fees means the gross fees hereinafter described in this section from students attending Nevada Southern University and using or being served by, or having the right to use, or having the right to be served by the student activities building, known as the Student Union Building, at Nevada Southern University, which fees are commonly designated as the Nevada Southern University Student Center Building Fee and the Nevada Southern University Capital Improvement Fee, and if hereafter authorized by law, all additional student fees, if any, to which the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended. This designated Building Fee now consists of $27 per academic semester for each full-time student and $2 per credit for each part-time student for any attendance at Nevada Southern University (i.e., for the regular academic year of two semesters, the evening division, and summer school), which fee commences to accrue upon the completion of the acquisition of such Student Union Building. The designated Capital Improvement Fee now consists of $42 per academic semester for each full-time student and $3 per credit for each part-time student for any attendance at Nevada Southern University for the regular academic year of two semesters (but excluding any evening division student and any summer school student). A full-time student course in any semester consists of at least 7 credit hours, and a part-time student course in any semester consists of not more than 6 credit hours. A full-time student equivalent, however, is determined by dividing all undergraduate credits by 16 and all graduate credits by 12.
Sec. 6. 1. The board, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To construct, otherwise acquire and improve (or any combination thereof) the following described facilities, consisting of the following components, and with incidentals comprising the project, at costs not exceeding the respective amounts set forth opposite the description of each component (excluding any costs defrayed with moneys available therefor other than proceeds of any securities herein authorized) :
κ1968 Statutes of Nevada, 13th Special Session, Page 25 (CHAPTER 12, SB 6)κ
exceeding the respective amounts set forth opposite the description of each component (excluding any costs defrayed with moneys available therefor other than proceeds of any securities herein authorized) :
(1) Chemistry building................................................................... $700,000
and
(2) Performing arts center.............................................................. $930,000;
(b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $1,630,000, in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any moneys available therefor, including without limitation proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. Upon the request of the board, all phases of the planning, design, construction and equipment of the project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 8. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 9. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 10. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 11. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 26κ
Senate Bill No. 3Committee on Transportation
CHAPTER 13
AN ACT to amend an act entitled An Act making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969; and providing other matters properly relating thereto, approved April 20, 1967.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 47 of the above-entitled act, being chapter 441, Statutes of Nevada 1967, at page 1192, is hereby amended to read as follows:
Section 47. Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles............. [3,308,589] 3,433,887........................................ [3,635,378] 3,510,080
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 21Committee on Judiciary
CHAPTER 14
AN ACT to provide for the transfer of mentally retarded children from the Nevada state hospital to a cottage-type group care facility.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 435 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The administrator of the mental hygiene division shall establish regulations under which a mentally retarded child who has been committed to the Nevada state hospital may be transferred to a cottage-type group care facility.
Sec. 2. Section 2 of chapter 471, Statutes of Nevada 1967, at page 1259, is hereby amended to read as follows:
Section 2. The following terms, wherever used or referred to in sections 2 to 5, inclusive, of [this act,] chapter 471, Statutes of Nevada 1967, and section 1 of this amendatory act, have the following meanings unless a different meaning clearly appears in the context:
κ1968 Statutes of Nevada, 13th Special Session, Page 27 (CHAPTER 14, AB 21)κ
1967, and section 1 of this amendatory act, have the following meanings unless a different meaning clearly appears in the context:
1. Cottage-type group care facility means a structure similar to a private residence which will house a small number of persons in a home-like atmosphere.
2. Mental hygiene division means the mental hygiene division of the department of health, welfare and rehabilitation.
3. Mental retardation refers to subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
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Assembly Bill No. 18Committee on Agriculture, Irrigation and Livestock
CHAPTER 15
AN ACT to repeal an act entitled An Act relating to the inspection of meat in intrastate commerce; enacting a comprehensive meat inspection law and transferring the functions of slaughter inspection from the department of health and welfare to the state department of agriculture; providing penalties; and providing other matters properly relating thereto, approved April 25, 1967.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 495, Statutes of Nevada 1967, at page 1350, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 16Committee on Judiciary
CHAPTER 16
AN ACT to amend chapter 41 of NRS, relating to actions and proceedings, in particular cases concerning persons, by adding a new section requiring that in any action against an employee or officer of a political subdivision, a claim must also be filed against the political subdivision.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall follow NRS 41.038 and read as follows:
An action which is based on the conduct of any employee or appointed or elected officer of a political subdivision of the State of Nevada while in the course of his employment or in the performance of his official duties may not be filed against such employee or officer unless, prior to the filing of the complaint in such action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038, inclusive, against the political subdivision for which such employee or officer was authorized to act.
κ1968 Statutes of Nevada, 13th Special Session, Page 28 (CHAPTER 16, AB 16)κ
may not be filed against such employee or officer unless, prior to the filing of the complaint in such action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038, inclusive, against the political subdivision for which such employee or officer was authorized to act.
Sec. 2. This act shall become effective on May 1, 1968.
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Assembly Bill No. 15Washoe and Storey Counties Delegation
CHAPTER 17
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Article 1 of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 11, Statutes of Nevada 1956, at page 13, is hereby amended to read as follows:
Section 1. 1. For the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereinafter set forth, together with the inhabitants of any and all areas thereafter lawfully annexed thereto, shall remain, be and constitute a body politic and corporate by the name and style of the City of Reno, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts.
2. Except as provided in subsection 3 of this section, the City of Reno as now constituted shall include all the inhabitants, lands, tenements and property included within those portions of section 36, T. 20 N., R. 19 E., M.D.B. & M., sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25 and 36 all in T. 19 N., R. 19 E., M.D.B. & M., and sections 6, 7, 18, 19, 20, 29 and 30 all in T. 19 N., R. 20 E., M.D.B. & M., the boundaries of which portions are more particularly described as follows:
Commencing at the southwest corner of Section 6, T. 19 N., R. 20 E., M.D.B. & M., thence northerly along the west line of said Section 6 a distance of 660.00 feet to the True Point of Beginning, thence continuing northerly along the west line of said Section 6 a distance of 254.10 feet, thence N. 63°48′05″ E. a distance of 660.00 feet, thence S. 83°27′29″ E. a distance of 729.30 feet, thence S. 78°15′ E. to a point on the east line of the SW 1/4 of said Section 6, thence southerly along the east line of the SW 1/4 of said Section 6 and continuing southerly along the east line of the NW 1/4 of Section 7, T. 19 N., R. 20 E. to its intersection with the south meander line of the Truckee River, thence westerly along the south meander line of the said Truckee River to its intersection with the Range line common to Range 19 East and Range 20 E., thence southerly along said Range line to the west one quarter corner of Section 18, T.
κ1968 Statutes of Nevada, 13th Special Session, Page 29 (CHAPTER 17, AB 15)κ
said Range line to the west one quarter corner of Section 18, T. 19 N., R. 20 E., M.D.B. & M., thence easterly along the north line of the SW 1/4 of said Section 18 to a point 150 feet east of the east line of Kietzke Lane, thence S. 0°03′16″ E. a distance of 10.00 feet, thence N. 89°40′ E. a distance of 867.69 feet; thence S. 0°01′ W. 678.0 feet; thence S. 0°18′ W. 620.0 feet; thence S. 89°40′ W. 83.04 feet to the beginning of a curve to the left having a delta angle of 90° and a radius of 15 feet; thence along said curve to the left 23.56 feet to the end of said curve; thence S. 0°20′ E. 28.50 feet; thence S. 89°40′ W. 764.79 feet to a point 150 feet east of the east line of said Kietzke Lane; thence southerly and parallel with the east line of said Kietzke Lane to a point 350 feet north of the north line of Airport Road, thence easterly and parallel to the north line of said Airport Road to a point on the west line of the Reno Municipal Airport also known as Hubbard Field, thence along said Airport boundary the following courses and distances: N. 0°07′ E. 914.2 feet, thence S. 89°37′ E. 1727.0 feet, thence N. 55°58′ E. 1800.9 feet, thence N. 0°14′ E. 311.8 feet, thence East 192.9 feet, thence N. 0°20′ E. 1262.4 feet, thence S. 89°41′ E. 401.0 feet, thence N. 0°51′ E. 100.0 feet, thence S. 89°41′ E. 199.0 feet, thence S. 0°20′ W. 1562.4 feet, thence S. 71°19′ E. 1301.40 feet, thence N. 19°20′ E. 638.0 feet, thence S. 88°26′ E. 344.2 feet, thence S. 2°36′ E. 594.67 feet, thence S. 89°48′ E. 2515.8 feet, thence S. 6°14′ E. 773.5 feet, thence N. 76°49′ W. 408.3 feet, thence S. 28°29′ W. 342.0 feet, thence S. 34°59′ W. 117.6 feet, thence S. 29°09′ W. 579.0 feet, thence S. 38°42′ E. 225.1 feet, thence S. 47°18′ E. 102.0 feet, thence S. 81°50′ E. 303.8 feet, thence S. 21°58′ W. 1215.3 feet, thence S. 20°04′ W. 450.5 feet, thence N. 72°49′ W. 1895.50 feet, thence S. 12°33′ W. 469.7 feet, thence S. 89°29′ W. 403.8 feet, thence S. 0°29′ E. 454.3 feet, thence N. 84°26′ W. 418.8 feet, thence S. 0°25′ E. 908.3 feet, thence S. 89°35′ W. 1318.7 feet, thence N. 0°28′ W. 1035.4 feet, thence N. 51°18′ W. 506.1 feet, thence N. 51°40′ W. 446.5 feet, thence S. 51°28′ W. to a point on the easterly line of Sun Acres Tract No. 3, thence southwesterly along the easterly line of said Sun Acres Tract No. 3 and southwesterly along the easterly line of Sun Acres Tract No. 2 to its intersection with the easterly line of Sun Acres Tract No. 1 extended northerly, thence southerly along said line extended northerly and continuing southerly along the easterly line of said Sun Acres Tract No. 1 to the northerly line of Peckham Lane, thence northwesterly along the northerly line of said Peckham Lane approximately 1600 feet to the easterly line of a ditch known as the Cochran Drain Ditch, thence northerly and westerly along said Cochran Drain Ditch to its intersection with the easterly right of way line of the old Virginia and Truckee Railroad now abandoned, thence southeasterly along said easterly right-of-way line 900 feet more or less, thence northeasterly and perpendicular to said easterly right of way line of the old Virginia and Truckee Railroad to a point 500 feet easterly of the center line of U.S. Highway No. 395, said point to be known as point A, thence southeasterly and parallel to said U.S. Highway No. 395 to a point northeasterly and perpendicular to the center line of said U.S. Highway 395 where said center line of U.S. Highway No. 395 intersects the south line of Section 30, T. 19 N., R. 20 E., thence southwesterly at a right angle a distance of 1000.00 feet, thence northwesterly and parallel to said U.S.
κ1968 Statutes of Nevada, 13th Special Session, Page 30 (CHAPTER 17, AB 15)κ
Highway No. 395 to a point 1000.00 feet westerly of and at a right angle to said point A, thence southwesterly and at a right angle to said point A to an intersection with the Cochran Ditch, thence northwesterly along said Cochran Ditch to its intersection with the north line of the southwest one quarter of Section 24, T. 19 N., R. 19 E., M.D.B. & M., thence westerly along the said north line of the southwest one quarter of Section 24 and continuing westerly along the north line of the southeast one quarter of Section 23, T. 19 N., R. 19 E., M.D.B. & M., to its intersection with the easterly line of Plumas Street, thence northerly along the said easterly line of Plumas Street to its intersection with the northerly line of Urban Road extended easterly, thence westerly along the northerly line of said Urban Road extended easterly and along the northerly line of Urban Road to the easterly line of Arlington Avenue, thence southerly along the easterly line of said Arlington Avenue extended to a point on the center line of Urban Road, thence westerly along the center line of said Urban Road to its intersection with the center line of said Arlington Avenue, thence continuing along the center line of said Arlington Avenue in a southerly, westerly and southwesterly direction to its intersection with the northerly line of Greenridge Drive extended easterly, thence westerly along the northerly line of said Greenridge Drive extended easterly to a point on the east line of the W. 1/2 of W. 1/2 of Section 23, T. 19 N., R. 19 E., M.D.B. & M., thence southerly along the said east line of the W. 1/2 of W. 1/2 of Section 23 to the south line of said Section 23, thence westerly along the said south line of Section 23 and continuing westerly along the south line of Section 22 to a point on the west line of the E. 1/2 of E. 1/2 of said Section 22, thence northerly along the west line of the E. 1/2 of E. 1/2 of said Section 22, and continuing northerly along west line of E. 1/2 of E. 1/2 of Section 15 to a point on the north line of Plumb Lane, thence westerly along the north line of said Plumb Lane to its intersection with the east line of Hunter Lake Drive, thence northerly along the said east line of Hunter Lake Drive to a point 557.04 feet southerly from the south line of California Avenue, said point also being the southeast corner of the property owned by the Reno School District No. 10, thence westerly along said School property 450.04 feet to a point on the east line of the Ferris Subdivision, thence along and within said Ferris Subdivision according to the official plat thereof filed in the office of the County Recorder of Washoe County, Nevada on March 12, 1953, the following courses and distances: S. 0°23′10″ W. along the easterly line of said Ferris Subdivision to the southeast corner of Lot 5 in Block B of said Ferris Subdivision, thence N. 89°36′50″ W. 95.0 feet to the easterly line of Robin Street, thence crossing said Robin Street in a northwesterly direction to the southeast corner of Lot 6 of Block E of said Ferris Subdivision; thence N. 89°36′50″ W. 85.0 feet, thence S. 0°23′10″ W. 78.0 feet, thence S. 48°48′01″ W. 128.13 feet, thence S. 67°18′ W. 148.0 feet to a point on the westerly line of Sonora Drive, thence S. 22°42′ E. along the westerly line of said Sonora Drive 70.0 feet to the beginning of a curve to the right having a Delta Angle of 90°00′ and a radius of 20.0 feet, thence along said curve to the right 31.42 feet to the end of said curve and a point on the northerly line of Marla Drive, thence S. 67°18′ W. along the northerly line of said Marla Drive 82.60 feet to the beginning of a curve to the right having a Delta Angle of 23°46′30″ and a radius of 150 feet, thence along said curve to the right 62.24 feet to the westerly line of said Ferris Subdivision, thence northeasterly along the westerly line of said Ferris Subdivision the following courses and distances: N.
κ1968 Statutes of Nevada, 13th Special Session, Page 31 (CHAPTER 17, AB 15)κ
right having a Delta Angle of 23°46′30″ and a radius of 150 feet, thence along said curve to the right 62.24 feet to the westerly line of said Ferris Subdivision, thence northeasterly along the westerly line of said Ferris Subdivision the following courses and distances: N. 1°04′30″ E. 226.94 feet, thence N. 3°48′30″ E. 368.50 feet, thence N. 24°02′30″ E. 186.36 feet to the northwest corner of said Ferris Subdivision and a point on the south line of the Williams Subdivision according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada, on June 28, 1951, thence S. 85°47′30″ W. to the southwest corner of Lot 1 in Block D of said Williams Subdivision, thence along the westerly line of said Lot 1 to a point on the southerly line of said California Avenue, thence along the southerly line of California Avenue extended westerly to a point on the westerly line of a 40 foot roadway according to the official plat of Town and Country Estates filed for record in the office of the County Recorder of Washoe County, Nevada, on April 12, 1947, thence along the westerly line of said 40 foot roadway extended northerly 60 feet to a point on the northerly line of California Avenue, thence westerly along the northerly line of California Avenue a distance of 100 feet, thence northerly and parallel with the westerly line of said 40 foot roadway to a point 120.57 feet southerly of the south line of Allen Avenue, thence S. 84°57′ W. a distance of 194.02 feet, thence N. 2°39′ E. a distance of 120.57 feet to a point on the southerly line of Allen Avenue also being the southwest corner of the Sierra View Subdivision according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on December 30th 1947; thence along the boundary line of said Sierra View Subdivision the following courses and distances: N. 2°39′ E. 144.05 feet, thence N. 38°07′30″ W. 43.50 feet, thence N. 3°53′ E. 275.97 feet, thence N. 20°04′ E. 42.66 feet, thence N. 34°29′ E. 330.79 feet, thence N. 59°26′30″ E. 291.34 feet, thence N. 69°48′30″ E. 33.44 feet, thence S. 89°57′ E. 258.76 feet, thence N. 77°23′ E. 16.34 feet, thence N. 0°29′ E. 181.89 feet to a point, said point also being on the east line of the W. 1/2 of NW 1/4 of Section 15, T. 19 N., R. 19 E., M.D.B. & M., thence northerly along the said east line of the W. 1/2 of NW 1/4 of Section 15 to its intersection with the southerly line of the Parkside Vista Subdivision according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on February 25, 1946, thence N. 63°33′ W. to the southerly line of Idlewild Drive, formerly known as Riverside Drive, thence S. 70°34′ W. 139.30 feet, thence N. 63°33′ W. 55.72 feet, thence S. 84°44′ W. 71.21 feet, thence northerly and parallel to the east line of said Section 15, 30.00 feet to the southerly bank of the Truckee River, thence northeasterly along the southerly bank of the said Truckee River to a point 2369.34 feet westerly at right angles from the section line common to Sections 10 and 11, thence northerly and parallel to the section line common to Sections 10 and 11 to the southerly right-of-way line of the Southern Pacific Railroad Company, thence westerly along said southerly right-of-way line of the Southern Pacific Railroad Company to a point, said point being parallel to the east line of said Section 10 and southerly from the intersection of the southerly bank of the Orr Ditch with the center line of U.S. Highway 40, thence northerly and parallel to the east line of said Section 10 to said point of intersection of the southerly bank of the Orr Ditch with the center line of U.S.
κ1968 Statutes of Nevada, 13th Special Session, Page 32 (CHAPTER 17, AB 15)κ
intersection of the southerly bank of the Orr Ditch with the center line of U.S. Highway 40, thence easterly along the said southerly bank of the Orr Ditch to a point, said point being the center line of Peavine Road extended southerly, thence northerly along the said center line of Peavine Road extended southerly to a point 150.16 feet south of the southerly line of University Terrace, thence westerly and parallel to the southerly line of said University Terrace to an intersection with the north-south center line of Section 10, thence northerly along the said north-south center line of said Section 10 to the southeast corner of Lot 8 of Block I of Elmcrest Heights No. 1 according to the official plat thereof filed for record in the office of the County Recorder on May 18, 1951, thence S. 87°28′40″ W. a distance of 222.57 feet, thence S. 3°19′48″ E. a distance of 125.76 feet, thence S. 86°40′12″ W. a distance of 95 feet, thence N. 87°33′45″ W. a distance of 50.25 feet, thence S. 86°40′12″ W. a distance of 100 feet, thence S. 3°19′48″ E. 75.00 feet to a point on the northerly line of West Seventh Street, thence westerly along the said northerly line of West Seventh Street to the southwest corner of Lot 22 of Block C of Elmcrest Heights No. 4, according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on September 23, 1955, thence along the westerly and northerly boundary of said Elmcrest Heights No. 4 the following courses and distances: N. 3°19′48″ W., 198.33 feet; thence N. 22°06′57″ W., 107.97 feet; thence N. 50°29′49″ W., 98.50 feet; thence N. 65°00′04″ W., 385.25 feet; thence N. 45°02′47″ W., 113.75 feet; thence N. 29°58′13″ W., 114.09 feet; thence N. 14°17′59″ W., 120.16 feet; thence N. 1°25′19″ W., 137.19 feet; thence S. 88°34′41″ W., 33.0 feet; thence N. 1°25′19″ W., 100.59 feet to the southerly line of Elmcrest Drive; thence N. 35°22′31″ E., 71.78 feet; thence N. 1°25′19″ W., 150.17 feet; thence N. 85°49′03″ E., 266.32 feet to the northeast corner of Lot 8, Block A, Elmcrest Heights No. 4; thence S. 1°25′19″ E. 175.95 feet to a point on the northerly line of Elmcrest Drive, thence N. 88°34′41″ E. along the northerly line of said Elmcrest Drive 529.00 feet, thence N. 1°25′19″ W. 77.53 feet, thence N. 22°03′03″ E. 44.38 feet, thence N. 58°27′01″ E. 183.23 feet to the northeast corner of Lot 9 in Block L of Elmcrest Heights No. 3 according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on November 23, 1954, thence along the northerly boundary of Elmcrest Heights No. 2 according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on May 5, 1952, N. 85°49′03″ E. 653.02 feet, thence S. 64°11′31″ E. 237.91 feet, thence continuing along the northerly boundary of the aforesaid Elmcrest Heights No. 1 S. 64°11′31″ E. 256.99 feet, thence S. 76°26′07″ E. 300.88 feet to the northeast corner of Lot 31 in Block L of said Elmcrest Heights No. 1 also a point on the west line of Clearview Heights Subdivision according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on October 23, 1946, thence northerly along the west line of said Clearview Heights Subdivision to the N. 1/4 corner of Section 10, T. 19 N., R. 19 E., M.D.B. & M., thence easterly along the northerly line of said Clearview Subdivision 178.49 feet, thence N. 0°45′ W. 100.00 feet, thence S. 89°15′ W. 48.72 feet, thence N. 0°45′ W. 160.00 feet, thence N.
κ1968 Statutes of Nevada, 13th Special Session, Page 33 (CHAPTER 17, AB 15)κ
feet, thence N. 89°15′ E. 631.28 feet, thence S. 0°45′ E. 56.00 feet, thence N. 89°15′ E. 160.00 feet, thence S. 0°45′ E. 204.00 feet to a point on the northerly line of said Clearview Heights Subdivision, thence easterly along the said northerly line of Clearview Heights Subdivision to the NW corner of NE 1/4 of NE 1/4 of said Section 10, thence northerly along the west line of the E. 1/2 of E. 1/2 of Section 3, T. 19 N., R. 19 E., M.D.B. & M. to its intersection with the southerly line of Gear Street, thence westerly along the southerly line of Gear Street extended to the westerly line of Peavine Road, thence northerly along the westerly line of Peavine Road to the southeast corner of Lot 28 in Block E of the amended map of Blocks D and E of Lake Park Heights filed for record in the office of the County Recorder of Washoe County, Nevada on February 3, 1949, thence S. 66°28′40″ W. 411.90 feet, thence N. 44°09′35″ W. 436.21 feet, thence N. 83°19′45″ W. 245.61 feet, thence S. 84°33′35″ W. 553.00 feet, thence N. 63°04′45″ W. 322.20 feet, thence N. 44°15′50″ E. 85.13 feet to the southwest corner of Lot 1 in Block E of said amended map of Blocks D and E of Lake Park Heights Subdivision, thence continuing along the exterior boundaries of the second amended map of Blocks A, B, C, F in Lake Park Heights according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on October 27, 1949, the following courses and distances: N. 44°15′50″ W. a distance of 113.56 feet, thence N. 22°12′30″ W. a distance of 194.60 feet, thence N. 42°26′40″ W., a distance of 836.12 feet, thence N. 74°49′50″ E., a distance of 343.97 feet, thence N. 53°10′ E. a distance of 113.90 feet, thence N. 29°41′10″ E., a distance of 32.70 feet, thence N. 7°07′50″ E., a distance of 289.92 feet, thence S. 63°27′30″ E., a distance of 235.88 feet to the beginning of a curve to the right having a Delta Angle of 23°10′ and a radius of 390.41 feet, thence along said curve to the right a distance of 157.88 feet to the end of said curve to the right, thence S. 40°17′30″ E., to a point on the center line of Peavine Road which bears S. 49°42′30″ W. from the southeast corner of Lot 4 of Block I of Reno Highland Subdivision according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on November 6, 1952, thence N. 49°42′30″ E. 135.00 feet, thence S. 40°17′30″ E. 214.18 feet to a point on the west line of Coleman Drive, thence N. 0°00′30″ W. along the west line of Coleman Drive 269.42 feet, thence S. 89°59′30″ W. 105.0 feet, thence N. 47°34′ W. 158.91 feet; thence N. 55°38′07″ W. 69.96 feet, thence N. 31°12′05″ W. 302.66 feet to a point on the 1/4 Section line of Section 3, T. 19 N., R. 19 E., M.D.B. & M., thence N. 88°06′30″ E. along the said 1/4 Section line of Section 3, 437.0 feet to a point on the most northerly line of Coleman Drive, thence N. 89°59′30″ E. 10.0 feet, thence N. 0°00′30″ W. 361.53 feet, thence N. 30°25′03″ W. 119.61 feet, thence N. 0°02′30″ E. 163.39 feet, thence N. 89°23′ W. 802.14 feet, thence N. 27°19′29″ W. 494.45 feet, thence N. 42°50′53″ W. 339.73 feet to a point, said point being on the west line of E. 1/2 of NW 1/4 of Section 3, T. 19 N., R. 19 E., M.D.B. & M., thence northerly along the west line of E. 1/2 of NW 1/4 of said Section 3, 482.92 feet, thence N. 67°00′30″ W. 329.22 feet, thence N. 24°46′05″ W. 565.42 feet, thence N. 0°00′30″ W. 162.39 feet to a point on the north line of said Section 3, thence easterly along the north line of said Section 3 to the north 1/4 corner of said Section 3, thence southerly along the north-south center line of said Section 3, 2190.54 feet, thence S.
κ1968 Statutes of Nevada, 13th Special Session, Page 34 (CHAPTER 17, AB 15)κ
along the north line of said Section 3 to the north 1/4 corner of said Section 3, thence southerly along the north-south center line of said Section 3, 2190.54 feet, thence S. 3°25′03″ E. 98.91 feet, thence S. 0°00′30″ E. 443.27 feet, thence East 481.44 feet, thence S. 10°15′ W. 457.30 feet, thence S. 0°00′30″ E. 280.35 feet, thence S. 89°59′30″ W. 410.00 feet, thence S. 0°00′30″ E. 119.60 feet to the northerly line of Peavine Road; thence southeasterly along the northerly line of said Peavine Road to a point which bears northwesterly 213.02 feet from the end of return on the easterly line of said Peavine Road and the northeast corner of said Peavine Road and Gear Street, thence N. 8°25′40″ W. to a point on the west line of SE 1/4 of SE 1/4 of Section 3, thence northerly along the west line of SE 1/4 of SE 1/4 of said Section 3 to its intersection with the easterly line of Peavine Creek, thence northwesterly along the easterly line of said Peavine Creek to its intersection with the north line of S. 1/2 of SE 1/4 of said Section 3, thence easterly along the north line of SE 1/4 of SE 1/4 of said Section 3 to its intersection with the westerly line of Lot 22, Block C in Amphitheater Subdivision Plat No. 2 according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on October 6, 1954, thence N. 3°21′ W. to the northwest corner of said Lot 22, thence N. 41°39′ E., 70.71 feet; thence N. 3°21′ W., 90.00 feet; thence N. 72°57′13″ E., 173.43 feet; thence N. 61°01′30″ E., 121.03 feet; thence N. 0°07′ E., 70.00 feet; thence N. 14°09′10″ E., 61.86 feet; thence N. 0°07′ E., 101.59 feet; thence S. 89°53′ E., 85.00 feet; thence S. 66°31′43″ E., 54.46 feet; thence S. 89°53′ E., 100.00 feet to a point on the westerly line of Amphitheater Subdivision No. 1 according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on August 23, 1951, thence N. 0°07′ E. 280.00 feet, thence N. 40°56′21″ W. 70.87 feet, thence N. 75°23′52″ E. to the section line common to Section 2 and Section 3, T. 19 N., R. 19 E., M.D.B. & M., thence northerly along the section line common to said Section 2 and Section 3 to the west 1/4 corner of said Section 2, thence easterly along the north line of the SW 1/4 of said Section 2 to its intersection with the easterly line of North Sierra Street, thence northwesterly along the easterly line of said North Sierra Street to its intersection with the north line of S. 1/2 of N. 1/2 of said Section 2, thence easterly along the said north line of the S. 1/2 of N. 1/2 of Section 2 to its intersection with the easterly right-of-way line of the Western Pacific Railroad Company, thence curving to the right along said easterly right-of-way line the following described courses: N. 19°15′55″ E. 46 feet more or less, N. 26°54′25″ E. 65.23 feet, N. 29°23′20″ E. 65.17 feet to a point opposite to the end of said curve, thence N. 30°21′40″ E. 126.38 feet, thence leaving said easterly boundary of the Western Pacific Railroad right-of-way line and bearing S. 65°42′20″ E. 215.46 feet, thence S. 33°57′05″ E. 277.53 feet to a point on the said north line of S. 1/2 of N. 1/2 of Section 2, thence easterly along the said north line of S. 1/2 of N. 1/2 of Section 2 to a point 644.10 feet westerly from the west line of Valley Road, thence northerly and parallel to the west line of said Valley Road a distance of 426.77 feet, more or less, thence easterly and at a right angle to a point on the east line of said Section 2, thence northerly along the east line of said Section 2 to the northeast corner of said Section 2, thence easterly along the north line of Section 1, T.
κ1968 Statutes of Nevada, 13th Special Session, Page 35 (CHAPTER 17, AB 15)κ
the north line of Section 1, T. 19 N., R. 19 E., M.D.B. & M., to the northeast corner of NW 1/4 of NW 1/4 of said Section 1, thence southerly to the southeast corner of NW 1/4 of NW 1/4 of said Section 1, thence easterly to the southeast corner of NE 1/4 of NW 1/4 of said Section 1, thence North 0°23′ West 697.85 feet; thence North 34°47′ East 392.60 feet; thence North 14°57′ East 230.30 feet; thence North 37°50′ East 68.5 feet; thence North 52°19′ East 598.50 feet; thence North 56°04′ East 252.00 feet; thence North 43°04′ East 108.25 feet; thence North 30°04′ East 91.70 feet, thence S. 32°41′ E. to the northeast corner of Lot 7 in Block R of the Alameda Heights Subdivision according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on April 5, 1947, thence continuing S. 32°41′ E. to the southeast corner of Lot 1 in Block O of said Alameda Heights Subdivision, thence S. 88°58′ W. along the southerly boundary of said Alameda Heights Subdivision 995.99 feet, thence S. 15°33′45″ W. 990.06 feet, thence S. 88°52′30″ W. to a point 660 feet easterly from the north-south center line of aforesaid Section 1, thence southerly and parallel with the said north-south center line of Section 1 to its intersection with the northerly line of the Ferraris Addition according to the official plat thereof filed for record in the office of the County Recorder of Washoe County, Nevada on November 9, 1946, thence N. 89°47′30″ E. 659.02 feet to the northeast corner of said Ferraris Addition, thence S. 0°30′ E. along the easterly line of said Ferraris Addition 590.01 feet to a point, said point also being the northwest corner of SE 1/4 of SE 1/4 of said Section 1, thence southerly along the west line of SE 1/4 of SE 1/4 of said Section 1 a distance of 280 feet more or less to a point, thence easterly and parallel to the south line of said Section 1 a distance of 50 feet more or less, thence southerly and parallel to the east line of said Section 1, 70 feet more or less to a point on the northerly bank of the Sullivan and Kelly Ditch, thence westerly along the north bank of the said Sullivan and Kelly Ditch to a point on the west line of the SE 1/4 of SE 1/4 of said Section 1, thence southerly along west line of the SE 1/4 of SE 1/4 of said Section 1 to a point 660 feet north of the south line of said Section 1, thence easterly and parallel to south line of said Section 1 to the section line common to Section 1, T. 19 N., R. 19 E., and Section 6, T. 19 N., R. 20 E., M.D.B. & M. to the True Point of Beginning.
3. The inhabitants, lands, tenements and property included within the following described boundaries are excluded from the City of Reno:
(a) All that portion of the NE 1/4 of the NW 1/4, Section 23, T. 19 N., R. 19 E., M.D.B. & M., described as follows: Commencing at a point on the east line of the NE 1/4 of the NW 1/4 of said Section 23, 10.90 chains south of the northeast corner thereof; thence running southerly 54°30′ W. along a stone wall or fence 15.67 chains to the south line of the NE 1/4 of the NW 1/4 of said Section 23, thence east along the south line of the NE 1/4 of the NW 1/4 of said Section 23, 12.76 chains to the southeast corner of said NE 1/4 of the NW 1/4, Section 23, thence northerly along the east line of the NE 1/4 of the NW 1/4, Section 23, 600 feet more or less to the Point of Beginning; containing 5.71 acres more or less.
(b) All that portion of the SE 1/4 of SW 1/4 of Section 14, T. 19 N., R. 19 E., M.D.B. & M., described as follows: Beginning at the northeast corner of Lot 6 according to the Amended Official Plat Interlaken Park Subdivision, filed for record in the office of the County Recorder of Washoe County, Nevada on September 6, 1947, said point of beginning also being a point on the present City Boundary Line, thence along the said present City Boundary Line the following courses and distances: S.
κ1968 Statutes of Nevada, 13th Special Session, Page 36 (CHAPTER 17, AB 15)κ
corner of Lot 6 according to the Amended Official Plat Interlaken Park Subdivision, filed for record in the office of the County Recorder of Washoe County, Nevada on September 6, 1947, said point of beginning also being a point on the present City Boundary Line, thence along the said present City Boundary Line the following courses and distances: S. 0°25′ W. 132.86 feet, S. 42°05′ E. 80.00 feet, S. 62°47′30″ E. 94.04 feet, N. 84°46′30″ E. 544.62 feet to the west line of Arlington Avenue, thence northerly along the west line of said Arlington Avenue to a point approximately 440 feet southerly from the south line of Mount Rose Street, thence westerly and parallel to the south line of said Mount Rose Street to the point of beginning.
(c) All that portion of the NW 1/4 of NE 1/4 of Section 23, T. 19 N., R. 19 E., M.D.B. & M., described as follows: Commencing at the SW corner of the Shangri-La Subdivision, thence easterly on the south line of the said Shangri-La Subdivision to its intersection with the east line of Lander Street, thence southerly 1.85 feet more or less on the easterly line of said Lander Street to the intersection of the south line of the Hamlin Subdivision, thence easterly on the south line of said Hamlin Subdivision 217 feet more or less, to the westerly line of the Earl Games property, thence southerly 440 feet more or less on the west line of said Earl Games property to the intersection with north line of the Joe Mongolo property, and the true point of beginning, thence westerly on the north line of the said Joe Mongolo property to its intersection with the east line of Lander Street extended southerly, thence southerly on the east line of said Lander Street 208.71 feet more or less to the north line of the Joe Mongolo property, thence westerly on the north line of the said Joe Mongolo property to its intersection with the east line of Arlington Avenue, thence southerly along the east line of said Arlington Avenue to the southwest corner of the Joe Mongolo property, thence easterly on the south line of the said Joe Mongolo property 313 feet more or less, thence northerly 26 feet more or less on the east line of the said Joe Mongolo property, thence easterly on the south line of the said Joe Mongolo property 105 feet more or less to its point of intersection with the west line of Lander Street extended southerly, thence northerly on the east line of the Joe Mongolo property 450.75 feet more or less to its point of intersection with the south line of the said Joe Mongolo property, thence easterly on the south line of the said Joe Mongolo property to its intersection with the present City limit line, thence northerly along the said present City limit line to the northwest corner of the said Joe Mongolo property, thence westerly along the north line of the said Joe Mongolo property to the True Point of Beginning.
4. The provisions of subsection 3 of this section shall not be construed to prohibit the annexation to the City of Reno of all or any part of the inhabitants, lands, tenements and property described in subsection 3 in accordance with the provisions of this act.
5. In addition to the lands described in subsection 2 and any other lands lawfully included within the city, the City of Reno shall include all those certain parcels or tracts of land lying and being in the county of Washoe and State of Nevada, formerly known as Stead Air Force Base, consisting of: T. 20 N., R. 19 E., M.D.B. & M.: Portions of Sections 5, 6, 7, 8 and 17; T. 21 N., R. 19 E., M.D.B. & M.: W. 1/2 of Section 17, all of Sections 18, 19 and 20, S.
κ1968 Statutes of Nevada, 13th Special Session, Page 37 (CHAPTER 17, AB 15)κ
all of Sections 18, 19 and 20, S. W. 1/4 of Section 21, W. 1/2 of Section 28, all of Sections 29, 30 and 31, and W. 1/2 and N. E. 1/4 of Section 32; bounded and more particularly described as follows:
Beginning at the southwest corner of Section 31, T. 21 N., R. 19 E., M.D.B. & M., The True Point of Beginning; thence north along the west line of Section 31 to the northwest corner thereof, identical with the southwest corner of Section 30, T. 21 N., R. 19 E., M.D.B. & M.; thence north along the west line of Section 30 to the northwest corner thereof, identical with the southwest corner of Section 19, T. 21 N., R. 19 E., M.D.B. & M.; thence north along the west line of Section 19 to the northwest corner thereof, identical with the southwest corner of Section 18, T. 21 N., R. 19 E., M.D.B. & M.; thence north along the west line of Section 18 to the northwest corner thereof; thence east along the north line of Section 18 to the northeast corner thereof, identical with the northwest corner of Section 17, T. 21 N., R. 19 E., M.D.B. & M.; thence east along the north line of Section 17 to the quarter Section corner common to Sections 8 and 17 of such township and range; thence south along the centerline of Section 17 to the quarter Section corner common to Sections 17 and 20 of T. 21 N., R. 19 E., M.D.B. & M.; thence east along the north line of Section 20 to the northeast corner thereof; thence south along the east line of Section 20 to the quarter Section corner common to Sections 20 and 21, T. 21 N., R. 19 E., M.D.B. & M.; thence east along the centerline of Section 21 to the center of Section 21; thence south along the centerline of Section 21 to the quarter Section corner common to Sections 21 and 28; thence south along the centerline of Section 28 to the quarter Section corner common to Sections 28 and 33 of such township and range; thence west along the south line of Section 28 to the southwest corner thereof, identical with the northeast corner of Section 32, T. 21 N., R. 19 E., M.D.B. & M.; thence south along the east line of Section 32 to the quarter Section corner common to Sections 32 and 33 of such township and range; thence west along the centerline of Section 32 to the center of Section 32; thence south along the centerline of Section 32 to the south quarter Section corner of Section 32; thence west along the south line of Section 32, identical with the north line of Section 5, T. 20 N., R. 19 E., M.D.B. & M., 705 feet, more or less, to a point at the northeast corner of the west one-half of the west one-half of Section 5; thence south along the east line of the west one-half of the west one-half of Section 5 to the southeast corner thereof; thence west along the south line of Section 5 to a point 100.06 feet east of the Section corner common to Sections 5, 6, 7 and 8, T. 20 N., R. 19 E., M.D.B. & M.; thence S. 1°03′42″ W. a distance of 2,562.12 feet to a point at the beginning of a curve; thence along a curve to the left through a central angle of 48°36′ with a radius of 1,809.85 feet and an arc length of 1,535.17 feet to the end of such curve; thence S. 47°32′17″ E. a distance of 1,981.99 feet to a point on the line between Sections 8 and 17, T. 20 N., R. 19 E., M.D.B. & M.; thence S. 47°32′20″ E. a distance of 1,462.39 feet to a point at the beginning of a curve; thence along a curve to the left through a central angle of 3°30′ with a radius of 1,810.08 feet and an arc length of 110.57 feet to the end of such curve; thence S. 51°02′20″ E. a distance of 182.73 feet to a point; thence N. 56°45′20″ W. a distance of 819.08 feet to a point at the beginning of a chord; thence N. 58°27′10″ W. a distance of 162.10 feet along the chord to a point at the beginning of a curve; thence along a curve to the left from a tangent which bears N.
κ1968 Statutes of Nevada, 13th Special Session, Page 38 (CHAPTER 17, AB 15)κ
162.10 feet along the chord to a point at the beginning of a curve; thence along a curve to the left from a tangent which bears N. 61°25′20″ W. through a central angle of 7°25′ with a radius of 1,055.37 feet and an arc length of 136.61 feet to the end of such curve; thence N. 71°48′20″ W. along a chord length of 27.76 feet to a point; thence N. 47°32′20″ W. a distance of 844.15 feet to a point on the line between Sections 8 and 17, T. 20 N., R. 19 E., M.D.B. & M.; thence N. 47°32′17″ W. a distance of 1,770.02 feet to a point at the beginning of a curve; thence along a curve to the right through a central angle of 48°36′ with a radius of 2,009.85 feet and an arc length of 1,074.52 feet to a point on the line between Sections 7 and 8, T. 20 N., R. 19 E., M.D.B. & M., and 631.13 feet to the end of such curve; thence N. 1°03′42″ E. a distance of 2,556.53 feet to a point on the line between Sections 6 and 7, T. 20 N., R. 19 E., M.D.B. & M.; situate N. 89°44′35″ W. a distance of 100.02 feet from the Section corner common to Sections 5, 6, 7 and 8 of such township and range; thence N. 89°44′35″ W. a distance of 2,558.69 feet to the quarter Section corner between Sections 6 and 7 of such township and range; thence S. 87°33′56″ W. a distance of 126.61 feet along the line between Sections 6 and 7 to a point on the right-of-way line of U.S. Highway No. 395; thence along such highway right-of-way line N. 75°47′34″ W. a distance of 1,701.46 feet to a point; thence continuing along the highway right-of-way line N. 75°55′02″ W. a distance of 359.18 feet to a point at the intersection of such right-of-way line with the west line of Section 6, T. 20 N., R. 19 E., M.D.B. & M.; thence N. 0°31′33″ E. a distance of 2,063.70 feet to the quarter Section corner between Section 6, T. 20 N., R. 19 E., M.D.B. & M. and Section 1, T. 20 N., R. 18 E, M.D.B. & M.; thence N. 0°59′36″ W. a distance of 2,710.09 feet along the line between Sections 6 and 1 to the northwest corner of Section 6; thence S. 89°48′04″ W. a distance of 1,026.30 feet along the south line of Section 31, T. 21 N., R. 19 E., M.D.B. & M. to the southwest corner thereof, the True Point of Beginning, and containing 5,904.29 acres, more or less.
6. Lands lying within the territory described in subsection 5 may be detached from the City of Reno, and lands contiguous to the territory described in subsection 5 may be annexed to the City of Reno, as otherwise provided by law.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 39κ
Assembly Bill No. 12Clark County Delegation
CHAPTER 18
AN ACT relating to the corporate boundaries of the cities of Las Vegas and North Las Vegas in Clark County, Nevada; detaching certain real property from the city of Las Vegas and annexing the same to the city of North Las Vegas; detaching certain real property from the city of North Las Vegas and annexing the same to the city of Las Vegas; annexing certain other described parcels of real property in Clark County to the city of North Las Vegas; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 132, Statutes of Nevada 1911, entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended, is hereby amended by adding thereto two new sections designated sections 1.7 and 1.8 which shall immediately follow section 1.6 of Chapter I and shall read as follows:
Section 1.7. The following-described parcels of real property are hereby detached and excluded from the city of Las Vegas:
1. That portion of the N 1/2 of the NE 1/4 lying east of the east right-of-way line of U.S. Highway 95; all in Section 13, T. 20 S., R. 60 E., M.D.B. & M.;
2. The following-described parcel lying partly in Section 13, T. 20 S., R. 60 E., and partly in Section 18, T. 20 S., R. 61 E., M.D.B. & M., commencing at the SE Corner of Section 13; then N. 00°59′50″ E. 2,639.62 feet to a point accepted as the E 1/4 Corner of Section 13, as shown on Record of Survey in Book 1, Page 37, in the office of the Clark County recorder; thence (as shown on Record Boundary Survey No. 473989 in File 15, Page 55, Official Records Book 589, in the office of the Clark County recorder) N. 03°41′31″ E. 866.53 feet to the true point of beginning; thence continuing N. 03°41′31″ E. 468.89 feet; thence S. 88°24′14″ W. 983.04 feet to a point on the east right-of-way line of U.S. Highway 95; thence S. 36°41′33″ E. along the right-of-way line of the highway 536.14 feet; thence S. 89°02′14″ E. 632.23 feet to the true point of beginning.
3. The S 1/2 of the SW 1/4 of Section 17, T. 20 S., R. 61 E., M.D.B. & M.
4. The SE 1/4, the E 1/2 of the NE 1/4, the E 1/2 of the NW 1/4 of the NE 1/4, that portion of the S 1/2 of the SW 1/4 lying east of the east right-of-way line of U.S. Highway 95, described as follows: commencing at the S 1/4 Corner of Section 18; thence west along the south line 502.00 feet to the true point of beginning; thence continuing west along such section line 71.91 feet to a point on the easterly right-of-way line of U.S. Highway 95; thence northwesterly along such east right-of-way line 1,638.15 feet to the north line of the S 1/2 of the SW 1/4; thence east along the north line 1,044.835 feet; thence southerly 1,325.60 feet to the true point of beginning. All in Section 18, T. 20 S., R. 61 E., M.D.B. & M.; also portions of parcel lying partly in Section 13, T. 20 S., R. 60 E., and partly in Section 18, T.
κ1968 Statutes of Nevada, 13th Special Session, Page 40 (CHAPTER 18, AB 12)κ
in Section 18, T. 20 S., R. 61 E., as described with the above-mentioned Section 13;
5. The N 1/2 lying east of the east right-of-way line of U.S. Highway 95, all in Section 19, T. 20 S., R. 61 E., M.D.B. & M.
6. The N 1/2 of the NW 1/4, the N 1/2 of the S 1/2 of the NW 1/4, the NE 1/4, all in Section 20, T. 20 S., R. 61 E., M.D.B. & M.
7. The W 1/2 of the NW 1/4 of Section 21, T. 20 S., R. 61 E., M.D.B. & M.
Section 1.8. The following-described parcels of real property are hereby annexed to and made a part of the city of Las Vegas:
1. The N 1/2, and the N 1/2 of the N 1/2 of the S 1/2 of Section 1, T. 20 S., R. 60 E., M.D.B. & M.
2. All of those portions of the N 1/2, and the N 1/2 of the N 1/2 of the S 1/2 of Section 2, T. 20 S., R. 60 E., M.D.B. & M., lying east of the easterly right-of-way line of U.S. Highway 95.
3. The East 197.13 feet of the North 330.67 feet of the NW 1/4 of Section 21, T. 20 S., R. 61 E., M.D.B. & M.
4. The NW 1/4 of the NW 1/4 of Section 25, T. 20 S., R. 61 E., M.D.B. & M., excepting therefrom the West 330 feet.
Sec. 2. Chapter 283, Statutes of Nevada 1953, entitled An act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended, is hereby amended by adding thereto two new sections designated sections 1.4 and 1.45 which shall immediately follow section 1.3 of Chapter I and shall read as follows:
Section 1.4. The following-described parcels of real property are hereby annexed to and made a part of the city of North Las Vegas:
1. That portion of the N 1/2 of the NE 1/4 lying east of the east right-of-way line of U.S. Highway 95; all in Section 13, T. 20 S., R. 60 E., M.D.B. & M.;
2. The following-described parcel lying partly in Section 13, T. 20 S., R. 60 E., and partly in Section 18, T. 20 S., R. 61 E., M.D.B. & M., commencing at the SE Corner of Section 13; thence N. 00°59′50″ E. 2,639.62 feet to a point accepted as the E 1/4 Corner of Section 13, as shown on Record of Survey in Book 1, Page 37, in the office of the Clark County recorder; thence (as shown on Record Boundary Survey No. 473989 in File 15, Page 55, Official Records Book 589, in the office of the Clark County recorder) N. 03°41′31″ E. 866.53 feet to the true point of beginning; thence continuing N. 03°41′31″ E. 468.89 feet; thence S. 88°24′14″ W. 983.04 feet to a point on the east right-of-way line of U.S. Highway 95; thence S. 36°41′33″ E. along the right-of-way line of the highway 536.14 feet; thence S. 89°02′14″ E. 632.23 feet to the true point of beginning.
3. The S 1/2 of the SW 1/4 of Section 17, T. 20 S., R. 61 E., M.D.B. & M.
4. The SE 1/4, the E 1/2 of the NE 1/4, the E 1/2 of the NW 1/4 of the NE 1/4, that portion of the S 1/2 of the SW 1/4 lying east of the east right-of-way line of U.S. Highway 95, described as follows: commencing at the S 1/4 Corner of Section 18; thence west along the south line 502.00 feet to the true point of beginning; thence continuing west along such section line 71.91 feet to a point on the easterly right-of way line of U.S.
κ1968 Statutes of Nevada, 13th Special Session, Page 41 (CHAPTER 18, AB 12)κ
section line 71.91 feet to a point on the easterly right-of way line of U.S. Highway 95; thence northwesterly along such east right-of-way line 1,638.15 feet to the north line of the S 1/2 of the SW 1/4; thence east along the north line 1,044.835 feet; thence southerly 1,325.60 feet to the true point of beginning. All in Section 18, T. 20 S., R. 61 E., M.D.B. & M.; also portions of parcel lying partly in Section 13, T. 20 S., R. 60 E., and partly in Section 18, T. 20 S., R. 61 E., as described with the above-mentioned Section 13;
5. The N 1/2 lying east of the east right-of-way line of U.S. Highway 95, all in Section 19, T. 20 S., R. 61 E., M.D.B. & M.
6. The N 1/2 of the NW 1/4, the N 1/2 of the S 1/2 of the NW 1/4, the NE 1/4, all in Section 20, T. 20 S., R. 61 E., M.D.B. & M.
7. The W 1/2 of the NW 1/4 of Section 21, T. 20. S., R. 61 E., M.D.B. & M.
8. The SW 1/4 of the NE 1/4 of Section 18, T. 20 S., R. 61 E., M.D.B. & M.; all of the W 1/2 of Section 18, T. 20 S., R. 61 E., M.D.B. & M., lying east of the east right-of way line of U.S. Highway 95, except the following-described parcels:
(a) The East 871.20 feet of the North 1,000.00 feet of the W 1/2 of Section 18;
(b) The South 330.00 feet of the East 330.00 feet of the W 1/2 of Section 18;
(c) That portion of the S 1/2 of the SW 1/4 lying east of the east right-of-way line of U.S. Highway 95, described as follows: commencing at the S 1/4 Corner of Section 18; thence west along the south line 502.00 feet to the true point of beginning; thence continuing west along such section line 71.91 feet to a point on the easterly right-of-way line of U.S. Highway 95; thence northwesterly along such east right-of-way line 1,638.15 feet to the north line of the S 1/2 of the SW 1/4; thence east along the north line 1,044.835 feet; thence southerly 1,325.60 feet to the true point of beginning, all in Section 18, T. 20 S., R. 61 E., M.D.B. & M.
(d) The following-described parcel lying partly in Section 13, T. 20 S., R. 60 E., and partly in Section 18, T. 20 S., and R. 61 E., M.D.B. & M., commencing at the SE Corner of Section 13; thence N. 00°59′50″ E. 2,639.62 feet to a point accepted as the E 1/4 Corner of Section 13, as shown on Record of Survey in Book 1, Page 37, in the office of the Clark County recorder; thence (as shown on Record Boundary Survey No. 473989 in File 15, Page 55, Official Records Book 589, in the office of the Clark County recorder) N. 03°41′31″ E. 866.53 feet to the true point of beginning; thence continuing N. 03°41′31″ E. 468.89 feet; thence S. 88°24′14″ W. 983.04 feet to a point on the east right-of-way line of U.S. Highway 95; thence S. 36°41′33″ E. along the right-of-way line of the highway 536.14 feet; thence S. 89°02′14″ E. 632.23 feet to the true point of beginning.
9. The SE 1/4 of the NE 1/4 of Section 13, T. 20 S., R. 60 E., M.D.B. & M., lying east of the easterly right-of-way line of U.S. Highway 95, except the following-described parcel lying partly in Section 13, T. 20 S., R. 60 E., and partly in Section 18, T. 20 S., R. 61 E., M.D.B. & M., commencing at the SE Corner of Section 13; thence N. 00°59′50″ E. 2,639.62 feet to a point accepted as the E 1/4 Corner of Section 13, as shown on Record of Survey in Book 1, Page 37, in the office of the Clark County recorder; thence (as shown on Record Boundary Survey No.
κ1968 Statutes of Nevada, 13th Special Session, Page 42 (CHAPTER 18, AB 12)κ
County recorder; thence (as shown on Record Boundary Survey No. 473989 in File 15, Page 55, Official Records Book 589, in the office of the Clark County recorder) N. 03°41′31″ E. 866.53 feet to the true point of beginning; thence continuing N. 03°41′31″ E. 468.89 feet; thence S. 88°24′14″ W. 983.04 feet to a point on the east right-of-way line of U.S. Highway 95; thence S. 36°41′33″ E. along the right-of-way line of the highway 536.14 feet; thence S. 89°02′14″ E. 632.23 feet to the true point of beginning.
10. The W 1/2 of the NW 1/4 of the NE 1/4 of Section 18, T. 20 S., R. 61 E., M.D.B. & M.
11. The East 871.20 feet of the North 1,000.00 feet of the W 1/2 of Section 18, T. 20 S., R. 61 E., M.D.B. & M.
12. The South 330.00 feet of the East 330.00 feet of the W 1/2 of Section 18, T. 20 S., R. 61 E., M.D.B. & M.
13. The S 1/2 of the S 1/2 of the NW 1/4, Section 20, T. 20 S., R. 61 E., M.D.B. & M.
Section 1.45. The following-described parcels of real property are hereby detached and excluded from the city of North Las Vegas:
1. The N 1/2, and the N 1/2 of the N 1/2 of the S 1/2 of Section 1, T. 20 S., R. 60 E., M.D.B. & M.
2. All of those portions of the N 1/2, and the N 1/2 of the N 1/2 of the S 1/2 of Section 2, T. 20 S., R. 60 E., M.D.B. & M., lying east of the easterly right-of-way line of U.S. Highway 95.
3. The East 197.13 feet of the North 330.67 feet of the NW 1/4 of Section 21, T. 20 S., R. 61 E., M.D.B. & M.
4. The NW 1/4 of the NW 1/4 of Section 25, T. 20 S., R. 61 E., M.D.B. & M., excepting therefrom the West 330 feet.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 10Messrs. Ashworth, Wilson, Bowler, Lowman, Howard, Jacobsen, Bishop, Mello, Prince and Wood
CHAPTER 19
AN ACT relating to the Nevada highway patrol; to amend NRS 481.140, relating to the composition of the Nevada highway patrol, by increasing the authorized number of its personnel; to repeal section 3 and amend the title of chapter 463, Statutes of Nevada 1967, entitled An Act relating to the department of motor vehicles; to increase the number of personnel in the motor carrier division and in the Nevada highway patrol; and providing other matters properly relating thereto, approved April 20, 1967; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of chapter 463, Statutes of Nevada 1967, entitled An Act relating to the department of motor vehicles; to increase the number of personnel in the motor carrier division and in the Nevada highway patrol; and providing other matters properly relating thereto, approved April 20, 1967, at page 1250, is hereby repealed.
κ1968 Statutes of Nevada, 13th Special Session, Page 43 (CHAPTER 19, AB 10)κ
highway patrol; and providing other matters properly relating thereto, approved April 20, 1967, at page 1250, is hereby repealed.
Sec. 2. The title of chapter 463, Statutes of Nevada 1967, at page 1250, is hereby amended to read as follows:
An Act relating to the department of motor vehicles; to increase the number of personnel in the motor carrier division; [and in the Nevada highway patrol;] and providing other matters properly relating thereto.
Sec. 3. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One director.
2. Two inspectors.
3. Not more than [90] 104 additional personnel, of which [68] 78 shall be patrolmen.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 8Messrs. Frank Young, White, Lowman, Bryan Hafen, Smith, Wilson, Bishop, May, Espinoza, Mesdames Brookman, Tyson, Mr. Hilbrecht, Miss Dungan, Messrs. Close, Bowler and Ashworth
CHAPTER 20
AN ACT authorizing the board of regents of the University of Nevada to construct an office, shop and warehouse building for the use of the buildings and grounds department of Nevada Southern University and to pay the costs of such construction from the Nevada Southern University capital improvement fee fund; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of regents of the University of Nevada, on the behalf and in the name of the university, is authorized to expend from the Nevada Southern University capital improvement fee fund an amount of money not to exceed $60,000 for the purpose of constructing, on the campus of Nevada Southern University, an office, shop and warehouse building for the use of the buildings and grounds department of Nevada Southern University.
Sec. 2. Upon the request of the board of regents of the University of Nevada, all phases of the planning, design, construction and equipment of the building provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 44κ
Assembly Bill No. 6Messrs. Getto, Dini, Swackhamer and Howard
CHAPTER 21
AN ACT to amend NRS 41.035, relating to the limitation of liability in tort actions, by extending its provisions with respect to liability arising from recreational activities and uses of property; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.035 is hereby amended to read as follows:
41.035 1. No award for damages in an action sounding in tort brought under NRS 41.031 may exceed the sum of $25,000 to or for the benefit of any claimant. No such award may include any amount as exemplary or punitive damages or as interest prior to judgment.
2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a) Any public or quasi-municipal corporation organized under the laws of this state.
(b) Any person with respect to any land or water leased or otherwise made available by such person to any public agency.
(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph shall not impair or modify any immunity from liability or action existing on the effective date of this act or arising after the effective date of this act in favor of any Indian tribe, band or community.
The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.
Sec. 2. 1. The provisions of section 1 of this act apply to every cause of action which accrues after the effective date of this act.
2. With respect to any cause of action which has accrued prior to the effective date of this act, and which would not be limited but for the addition of subsection 2 to NRS 41.031, the limit imposed by this act upon the amount of damages which may be awarded to any claimant shall be $250,000.
3. This act does not apply to any cause of action which has been reduced to judgment prior to the effective date of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 45κ
Senate Bill No. 21Committee on Judiciary
CHAPTER 22
AN ACT relating to the punishment of public offenses; declaring the common law respecting individual challenges for cause; deleting an obsolete provision; abolishing the degrees of burglary; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 175 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Either side may challenge an individual juror for disqualification or for any cause or favor which would prevent him as a juror from adjudicating the facts fairly.
2. Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge.
Sec. 2. NRS 200.363 is hereby amended to read as follows:
200.363 1. Forcible rape is the carnal knowledge of a female against her will. A person convicted of forcible rape shall be punished:
(a) If substantial bodily harm results:
(1) By death; or
(2) By imprisonment for life without possibility of parole; or
(3) By imprisonment for life with the possibility of parole, eligibility for which begins when a minimum of 10 years has been served.
(b) If no substantial bodily harm results:
(1) By imprisonment for life; or
(2) By imprisonment 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.
2. Whether substantial bodily harm has resulted and, if so, the punishment to be inflicted shall be determined:
(a) Upon a plea of not guilty, by the jury.
(b) Upon a plea of guilty or a confession in open court without a jury, by the court. [in the manner prescribed for murder by NRS 200.030.]
Sec. 3. NRS 205.060 is hereby amended to read as follows:
205.060 1. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.
2. [Nighttime as used in this section means the period between sunset and sunrise.
3. Every burglary committed in the nighttime is burglary of the first degree. Burglary of the first degree is punishable by imprisonment in the state prison for not less than 1 nor more than 12 years.
4. Every burglary committed in the daytime is burglary of the second degree. Burglary of the second degree is punishable] Any person convicted of burglary shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
κ1968 Statutes of Nevada, 13th Special Session, Page 46 (CHAPTER 22, SB 21)κ
[5.] 3. Whenever burglary is committed upon a railroad train, vehicle, vehicle trailer, semitrailer or housetrailer, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the railroad train, vehicle, vehicle trailer, semitrailer or housetrailer may have run on the trip during which such burglary is committed.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 19Committee on Judiciary
CHAPTER 23
AN ACT relating to mental illness; relieving the state from paying certain expenses; authorizing emergency apprehension upon an order issued by a district attorney; making appropriations; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of chapter 541, Statutes of Nevada 1967, at page 1668, is hereby amended to read as follows:
Section 10. Public hospital means any hospital or institution, or part thereof, in the State of Nevada, owned and operated by the State of Nevada, or any hospital owned by a county or other political subdivision of this state, equipped and qualified to provide inpatient care and treatment for any person suffering from a physical or mental illness.
Sec. 2. Chapter 541, Statutes of Nevada 1967, at page 1668, is hereby amended by adding thereto a new section to be designated as section 13.5, which shall immediately follow section 13 and shall read as follows:
Section 13.5. No person may be admitted to a hospital pursuant to section 11 or 13 of this act unless mutually agreeable financial arrangements relating to the costs of hospitalization are made between the hospital and the patient or person requesting his admission. The state is not responsible for payment of the costs of hospitalization for patients admitted in a facility not operated by the mental hygiene division except where, prior to hospitalization, the administrator of the mental hygiene division authorizes the expenditure of state funds for such purpose.
Sec. 3. Section 14 of chapter 541, Statutes of Nevada 1967, at page 1669, is hereby amended to read as follows:
Section 14. 1. Any duly accredited officer or agent of the department of health, [and] welfare and rehabilitation or any officer authorized to make arrests in the State of Nevada or [the family physician of] a physician having personal knowledge of the person in question, who has reason to believe that a person is mentally ill and, because of such illness, is likely to injure himself or others if he is not immediately detained may, without a warrant, take such person into custody, transport him, or arrange transportation for him with the local law enforcement agency, to a public or private hospital, and make application for his admission thereto for purposes of emergency observation and diagnosis.
κ1968 Statutes of Nevada, 13th Special Session, Page 47 (CHAPTER 23, AB 19)κ
to a public or private hospital, and make application for his admission thereto for purposes of emergency observation and diagnosis. Such application shall reveal the circumstances under which the person was taken into custody and the reasons therefor.
2. For the purposes of this section duly accredited officer or agent of the department means any person appointed or designated by the director of the department to take into custody and transport to a hospital pursuant to subsection 1 those persons in need of emergency hospitalization.
Sec. 4. Chapter 541, Statutes of Nevada 1967, at page 1668, is hereby amended by adding thereto a new section to be designated as section 14.5, which shall immediately follow section 14 and shall read as follows:
Section 14.5. Any person who has reason to believe that another person is mentally ill and, because of such illness, is likely to injure himself or others if he is not immediately detained may apply to the district attorney of the county where such allegedly mentally ill person is found, and the district attorney may, if satisfied that such person is likely to injure himself or others, issue an order to any peace officer for the immediate apprehension of such person and his transportation to a public hospital for emergency observation and diagnosis.
Sec. 5. Section 15 of chapter 541, Statutes of Nevada 1967, at page 1670, is hereby amended to read as follows:
Section 15. Subject to the provisions of section 17 of this act, the administrator of any private hospital may, and the administrator of any public hospital shall, admit and detain for purposes of emergency observation and diagnosis any person with respect to whom: [application]
1. Application is made pursuant to section 14 of this act, if such application is accompanied by a certificate of a psychiatrist or physician on duty at such hospital stating that he has examined the person and is of the opinion that he has symptoms of a mental illness and, as a result thereof, is likely to injure himself or others unless he is immediately hospitalized.
2. An order for apprehension has been issued pursuant to section 14.5 of this act.
Sec. 6. Section 16 of chapter 541, Statutes of Nevada 1967, at page 1670, is hereby amended to read as follows:
Section 16. Not later than 24 hours after the admission, pursuant to [sections 14 and] section 15 of this act, of any individual to a hospital, the administrator of such hospital shall give notice of such admission, by certified mail, to the spouse, parent or legal guardian of such person and to the clerk of the district court of the county in which such hospital is located.
Sec. 7. Section 18 of chapter 541, Statutes of Nevada 1967, at page 1670, is hereby amended to read as follows:
Section 18. 1. The district court shall, within a period of 48 hours after the receipt by the clerk of the petition filed pursuant to section 17 of this act, either order the hospitalization of such person for emergency observation and [a] diagnosis for a period not to exceed 7 days from the time such order is entered, or order his immediate release. In making its determination, the court shall consider the written reports of the agent, officer or physician who made the application under sections 14, 14.5 and 15 of this act, the certificate of the examining psychiatrist or physician which accompanied it, and any other relevant information.
κ1968 Statutes of Nevada, 13th Special Session, Page 48 (CHAPTER 23, AB 19)κ
officer or physician who made the application under sections 14, 14.5 and 15 of this act, the certificate of the examining psychiatrist or physician which accompanied it, and any other relevant information.
2. Any person whose continued hospitalization is ordered under subsection 1 is entitled, upon his own request or upon the request of his parent, guardian or spouse, to a hearing before the court entering such order. Any such hearing so requested shall be held within a period of 5 days after receipt of such request.
3. The district court may, upon request of the patient or responsible relative and receipt of evidence of adequate financial arrangements, order hospitalization pursuant to subsection 1 in a private or a county hospital.
Sec. 8. Section 23 of chapter 541, Statutes of Nevada 1967, at page 1671, is hereby amended to read as follows:
Section 23. [Within 3 days after he receives any petition filed under section 22 of this act, the clerk of the district court shall send a copy of such petition by certified mail to the person with respect to whom it was filed and notify the person of the place and time of hearing.] Immediately after he receives any petition filed under section 22 of this act, the clerk of the district court shall transmit such petition to the appropriate district judge, who shall set a time and place for its hearing. The clerk shall thereupon cause a copy of the petition and a notice of the time and place of hearing to be served personally upon the person with respect to whom the petition was filed. When the person is being detained at the Nevada state hospital or any other mental health facility of the State of Nevada, the hearing shall be held at such facility if at all possible.
Sec. 9. Section 24 of chapter 541, Statutes of Nevada 1967, at page 1671, is hereby amended to read as follows:
Section 24. 1. The district court shall promptly cause a psychiatrist or other qualified physician to examine any person alleged to be mentally ill after the filing of a petition provided by section 22 of this act and shall thereafter promptly hold a hearing on the issue of his mental illness. Such hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person named in such petition.
2. In conducting the hearing as provided in subsection 1, the district court shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. Any person with respect to whom a hearing is held under this section shall be present and may, at the discretion of the court, [be present and] testify at such hearing.
[3. The district court shall also hold a hearing in order to determine liability for the expenses of hospitalization of the alleged mentally ill person, if it is determined that he is mentally ill and should be hospitalized as provided under sections 2 to 51, inclusive, of this act. Such hearing may be conducted separately from the hearing on the issue of mental illness.]
Sec. 10. Section 25 of chapter 541, Statutes of Nevada 1967, at page 1672, is hereby amended to read as follows:
Section 25. 1. The alleged 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 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 may appoint counsel.
κ1968 Statutes of Nevada, 13th Special Session, Page 49 (CHAPTER 23, AB 19)κ
proceeding before the district court 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 may appoint counsel.
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 [.], not to exceed $300. Such compensation shall be charged against the estate of the person for whom such counsel was appointed, or [against the State of Nevada as the court in its discretion may direct.] if such person is indigent and the appointment of counsel is made for a proceeding pursuant to:
(a) Section 24 of this act, such compensation shall be charged against the county where the person to be committed last resided.
(b) Section 36 of this act, such compensation shall be charged against the state.
3. The court shall, at the request of any counsel so appointed, grant a recess in such proceeding, for not more than 5 days, to give such counsel an opportunity to prepare his case.
4. Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county. The district attorney is responsible for the presentation of evidence, if any, in support of the commitment of a person admitted to a hospital pursuant to section 15 of this act.
Sec. 11. Section 29 of chapter 541, Statutes of Nevada 1967, at page 1672, is hereby amended to read as follows:
Section 29. [1.] When a person is committed to a hospital under one of the various forms of commitment 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 [to the State of Nevada] of such mentally ill persons maintenance, including treatment and surgical operations, in any hospital in which such person is hospitalized under sections 2 to 51, inclusive, of this act: [.
2. It is the duty of the district court to examine, under oath, the father, mother, husband, wife or adult child, as the case may be, of any alleged mentally ill person whenever such relatives live within the State of Nevada, and to ascertain the ability of such relatives or estate to maintain or contribute toward the maintenance of such mentally ill person, except that in no case shall such relatives or estate be required to pay more than the actual cost of maintenance of such alleged mentally ill person.]
1. To the superintendent, if such hospital is owned or operated by the State of Nevada.
2. To the hospital rendering the service, if such hospital is not owned or operated by the State of Nevada.
Sec. 12. Chapter 541, Statutes of Nevada 1967, at page 1668, is hereby amended by adding thereto a new section to be designated as section 29.5, which shall immediately follow section 29 and shall read as follows:
Section 29.5. The district court shall, as part of the commitment hearing or by a separate hearing, determine the respective amounts, if any, which the estate of any person who is committed to a hospital and each relative made responsible by section 29 of this act is required to pay toward the maintenance of such person.
κ1968 Statutes of Nevada, 13th Special Session, Page 50 (CHAPTER 23, AB 19)κ
any, which the estate of any person who is committed to a hospital and each relative made responsible by section 29 of this act is required to pay toward the maintenance of such person.
Sec. 13. Section 30 of chapter 541, Statutes of Nevada 1967, at page 1672, is hereby amended to read as follows:
Section 30. 1. If any person, made liable for the maintenance of a mentally ill person under section [29] 29.5 of this act, fails to provide or pay for such maintenance, the [court shall issue to such person] administrator of the mental hygiene division shall petition the district court of the county in which such patient is hospitalized for a citation to show cause why [he] such person should not be adjudged to pay a portion or all of the expenses of maintenance of such patient. The citation shall be served at least 10 days before the hearing thereon.
2. If, upon the hearing as authorized under subsection 1, it appears to the court that the mentally ill person [has not sufficient estate out of which his maintenance may properly be fully met and that he has any relative of the degree referred to in section 29 of this act who is a party to the proceedings, and who is able to contribute thereto, the court may] or the relative determined to be responsible has sufficient estate out of which some or all of the determined amount may be met, the court shall make an order requiring payment by such patient or relative of such sum or sums as it may find he is reasonably able to pay and as may be necessary to provide for the maintenance and treatment of such mentally ill person.
Sec. 14. Section 31 of chapter 541, Statutes of Nevada 1967, at page 1673, is hereby amended to read as follows:
Section 31. 1. Any order issued pursuant to section 30 of this act:
[1.] (a) Shall require the payment of such sums to the [state treasurer] superintendent annually, semiannually, quarterly or monthly as the court may direct. [The state treasurer shall credit such sums to the general fund in the state treasury.
2.] (b) May be enforced, as provided in chapter 31 of NRS, against any property of the mentally ill person or the person liable or undertaking to maintain him.
2. All sums received by the superintendent pursuant to subsection 1 shall be deposited in the state treasury and may be expended by the mental hygiene division for the support of the hospital in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 15. Section 44 of chapter 541, Statutes of Nevada 1967, at page 1676, is hereby amended to read as follows:
Section 44. 1. If a person ordered committed to [a public hospital] the Nevada state hospital or other facility operated by the mental hygiene division by the court pursuant to section 26 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 shall be transferred to the state of his residence if an appropriate institution of that state is willing to accept him. [If the person is an indigent, the expense of transferring him, including the traveling expenses of necessary attendants, shall be borne by the State of Nevada.]
2. The approval of the superintendent shall be obtained before any transfer is made pursuant to subsection 1.
κ1968 Statutes of Nevada, 13th Special Session, Page 51 (CHAPTER 23, AB 19)κ
Sec. 16. Section 45 of chapter 541, Statutes of Nevada 1967, at page 1676, is hereby amended to read as follows:
Section 45. Witnesses subpenaed under the provisions of sections 2 to 51, inclusive, of this act shall be paid the same fees and mileage from the same fund as are paid to witnesses in the courts of the State of Nevada.
Sec. 17. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The expenses of hospitalization of:
(a) A mentally ill person prior to commitment; or
(b) A person who is admitted to a hospital pursuant to this chapter and released without commitment,
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 29 of chapter 541, Statutes of Nevada 1967, to the extent that financial ability is found in such action to exist.
Sec. 18. NRS 433.210 is hereby amended to read as follows:
433.210 1. The expenses of the entire proceedings as determined by the district judge shall be paid [by the state.] by the county unless otherwise required by subsection 4.
2. Examining physicians shall be paid a reasonable sum for their services, the amount to be determined by the district judge and to be paid as he shall order.
3. The official reporter shall be compensated as ordered by the district judge, the fees to be paid as prescribed by law.
4. Where the person to be committed last resided in another county of the state, the entire expenses of the proceedings shall be charged to and payable by such county of residence.
Sec. 19. 1. The sum of $100,000 is hereby appropriated from the general fund in the state treasury to the department of health, welfare and rehabilitation for the payment of the states costs for commitment proceedings incurred between July 1, 1967, and June 30, 1968, pursuant to the provisions of NRS 433.210.
2. The sum of $250,000 is hereby appropriated from the general fund in the state treasury to the department of health, welfare and rehabilitation for the support of the Nevada state hospital for the fiscal year ending June 30, 1968, as an additional and supplemental appropriation to that made by section 30 of chapter 441, Statutes of Nevada 1967.
Sec. 20. This act, except sections 14 and 18, shall become effective upon passage and approval. Sections 14 and 18 of this act shall become effective July 1, 1968.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 52κ
Assembly Bill No. 20Committee on Judiciary
CHAPTER 24
AN ACT relating to the commitment of insane persons charged with crime; providing for their detention and treatment; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.320 is hereby amended to read as follows:
433.320 1. Whenever a convict, while undergoing imprisonment in the Nevada state prison, shall become mentally ill, and be so adjudged by a court as in other cases of mental illness, the warden shall deliver such convict [to] into the custody of the superintendent of the hospital [,] for detention and psychiatric treatment [therein.] at the prison or at the hospital until returned by the superintendent to the warden as cured.
2. [The superintendent of the hospital shall receive such mentally ill convict and safely keep him, and, if the superintendent determines such convict to be cured or relieved of such mental illness before the expiration of his sentence to prison, the superintendent shall deliver him at the hospital to the warden thereof or his representative, who shall retain such convict therein for the unexpired term of his sentence, unless the convict shall be released by order of the state board of pardons commissioners or the state board of parole commissioners.
3. An escape from the hospital by any convict therein shall be deemed an escape from the state prison and shall be punished as such.] The superintendent shall provide psychiatric care and treatment for the mentally ill prisoners at the Nevada state prison.
Sec. 2. NRS 178.415 is hereby amended to read as follows:
178.415 1. The court shall appoint two physicians, at least one of whom is a psychiatrist [,] or otherwise especially qualified, to examine the defendant.
2. At a hearing in open court, the judge shall receive the report of the examining physicians and shall permit counsel for both sides to examine them. The state and the defendant may introduce other evidence and cross-examine one anothers witnesses.
3. The court shall then make and enter its finding of sanity or insanity.
Sec. 3. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant insane, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, [to the Nevada state hospital.] into the custody of the superintendent of the Nevada state hospital for detention and psychiatric treatment at the Nevada state prison or at the hospital until returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
2. Proceedings against the defendant must be suspended until he becomes sane.
Sec. 4. NRS 178.435 is hereby amended to read as follows:
178.435 The expenses of the examination and of the sending of such persons [, save convicts in the state prison,] to and from the custody of the superintendent of the Nevada state hospital shall be in the first instance chargeable to the county from which they [shall] have been sent.
κ1968 Statutes of Nevada, 13th Special Session, Page 53 (CHAPTER 24, AB 20)κ
the superintendent of the Nevada state hospital shall be in the first instance chargeable to the county from which they [shall] have been sent. But the county may recover them from the estates of any such persons, or from a relative legally bound to care for them, or from the county of which such persons may be resident. [Expenses of the examination and of the sending of any insane convict to and from the Nevada state hospital must be borne by the state, if he is impecunious, and shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.]
Sec. 5. NRS 178.450 is hereby amended to read as follows:
178.450 1. The superintendent of the Nevada state hospital shall [receive the person so committed and keep him or her in his custody and] keep each person committed to his custody under NRS 178.425 under his observation and [,] if in his opinion such person [shall have thereafter recovered] recovers his or her mental faculties to the extent of knowing the difference between right and wrong and [shall be] is of sufficient mentality to be able to understand the nature of the criminal charge against him or her and, by reason thereof, [be] is able to aid and assist his or her counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter, the superintendent shall notify in writing a district judge of the judicial district in which the [Nevada state hospital shall be located] person is held in custody of his findings and opinion with respect to the sanity of the person charged with the public offense and committed to [the hospital.] his custody.
2. The notice may be informal and shall contain:
(a) The name of such person and the county to which he may be returned for further court action.
(b) The circumstances under which he is committed to the custody of the superintendent of the Nevada state hospital and the duration of his hospitalization.
Sec. 6. NRS 178.455 is hereby amended to read as follows:
178.455 1. The district judge, upon receiving the written notice of the superintendent of the Nevada state hospital that the person charged with a public offense, as provided in NRS [178.445,] 178.425, is of sufficient mentality to be placed upon trial for the commission thereof, shall, within a period of not to exceed 20 days, impanel a sanity commission composed of three psychiatrists, or three medical doctors, or a combination thereof who are licensed to practice medicine in this state, but not including members of the medical staff of the Nevada state hospital, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the district judge in the order impaneling the commission, [at the Nevada state hospital or] at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the district judge its report, findings and opinion in writing, which shall be in triplicate and signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
κ1968 Statutes of Nevada, 13th Special Session, Page 54 (CHAPTER 24, AB 20)κ
(a) Whether the person is of sufficient mentality to know the difference between right and wrong;
(b) Whether the person is of sufficient mentality to understand the nature of the offense charged; and
(c) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced.
Members of the sanity commission may report jointly or individually. A concurrence of the findings of two members shall constitute the decision of the commission. Copies of the report or reports shall be sent to the superintendent of the Nevada state hospital to be incorporated in the medical record of the person.
Sec. 7. NRS 178.460 is hereby amended to read as follows:
178.460 1. Upon receiving the report, findings and opinion of the sanity commission, and if the decision is that the person examined then and there:
(a) Knew the difference between right and wrong;
(b) Understood the nature of the offense charged; and
(c) Was of sufficient mentality to aid and assist counsel in defense of the offense charged, or to show cause why judgment should not be pronounced,
the district judge shall within 10 days forward to the district judge of the district court committing the person charged with the public offense to the custody of the superintendent of the Nevada state hospital, and to the district attorney of the proper county, respectively, one copy of the report, findings and opinion of the sanity commission. Upon receipt thereof, the district attorney shall notify the sheriff of the county of the findings of the sanity commission and arrange for the return of the person to that county for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The person shall not be returned more than 30 days before the date set for the trial or pronouncement of judgment. Such date shall be within 60 days of the receipt of the findings of the sanity commission.
2. If the report, findings and opinion of the sanity commission is adverse to the person charged with a public offense, such person shall remain in the custody of the superintendent of the Nevada state hospital [and in the custody of the superintendent thereof] subject to further examinations in the future or until discharged therefrom according to law. [Further examinations shall not be granted more often than once a year, and, upon the recommendation of the superintendent of the Nevada state hospital, may be refused for a longer period.]
Sec. 8. 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 the payment of claims which are obligations of the state under NRS 7.260, 41.037, [178.435,] 179.310, 212.040, 212.050, 212.070, 214.040, 353.120, sections 277 and 320 of chapter 523, Statutes of Nevada 1967, and section 26 of chapter 415, Statutes of Nevada 1967.
κ1968 Statutes of Nevada, 13th Special Session, Page 55 (CHAPTER 24, AB 20)κ
Sec. 9. 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.
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. No employee in the classified service, except a senior psychiatrist whose position is included in a work program approved pursuant to NRS 353.215, may receive a salary exceeding $20,000 a year, unless such salary has been set or changed by legislative action.
6. 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 the effective date of this act.
(b) Apply to physicians, surgeons and dentists in full-time employment with the state and to engineers employed by the state planning board.
Sec. 10. Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The warden shall provide a facility for the detention and treatment of such persons committed to the custody of the superintendent of the Nevada state hospital pursuant to NRS 178.425 as the superintendent may deem it proper to place in such facility.
Sec. 11. Section 34 of chapter 541, Statutes of Nevada 1967, at page 1673, NRS 178.445 and 178.470 are hereby repealed.
Sec. 12. Section 38 of chapter 541, Statutes of Nevada 1967, at page 1674, is hereby amended to read as follows:
Section 38. 1. Any person hospitalized in a public or private hospital pursuant to sections 2 to 51, inclusive, of this act is entitled to communicate by sealed mail or otherwise with any person or official agency inside or outside the hospital, and to receive uncensored mail from his attorney or personal physician. All other incoming mail or communications may be read before being delivered to the patient, if the chief of service believes such action is necessary for the medical welfare of the patient who is the intended recipient. However, any mail or other communication which is not delivered to the patient for whom it is intended shall be immediately returned to the sender. Nothing in this section shall prevent the administrator from making reasonable rules regarding visitation hours and the use of telephone and telegraph facilities.
κ1968 Statutes of Nevada, 13th Special Session, Page 56 (CHAPTER 24, AB 20)κ
2. The provisions of subsection 1 do not apply to any person hospitalized pursuant to NRS 178.425 or 433.320. [or section 34 of this act.]
Sec. 13. This act shall become effective upon passage and approval.
________
Assembly Bill No. 22Messrs. Glaser and Roy Young
CHAPTER 25
AN ACT relating to education; establishing a pilot project for community colleges; directing further study of their feasibility generally; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Elko Community College is hereby designated as a function of the Elko County school district and as a pilot project to assist in determining the feasibility of establishing community colleges generally throughout this state.
Sec. 2. 1. The board of trustees of Elko County school district shall serve ex officio as the board of trustees of Elko Community College.
2. An advisory committee is hereby established to counsel the board of trustees in the systematic and orderly development of the community college. The board shall fix the number and appoint the members of the committee, after consultation with the committee as constituted when any change in number or appointment of a member is made. Until changed by disability, resignation or action of the board, the members of the Nevada Community College Committee, as constituted on the effective date of this act, shall serve as the advisory committee.
Sec. 3. In addition to all powers conferred by law upon the board of trustees of a school district for the management of evening schools or vocational education, and subject to the supervisory authority conferred by law upon the state board of education and the superintendent of public instruction, the board of trustees may:
1. Charge fees and expend the moneys so received for the support of the community college.
2. Accept gifts or grants in aid of the community college from any source and use such money or property in accordance with the terms of the gift or grant.
3. Reimburse or accept reimbursement from other functions of the Elko County school district, or another school district of this state, for the use of equipment, facilities, instructional supplies or personnel.
4. Use facilities owned by the State of Nevada, including but not limited to those of the Nevada youth training center, whenever such usage does not interfere with the primary purpose of such facilities.
5. Do any other thing, not prohibited by law, which is necessary or proper to carry out the provisions of this act.
Sec. 4. 1. The board of trustees may employ:
κ1968 Statutes of Nevada, 13th Special Session, Page 57 (CHAPTER 25, AB 22)κ
(a) A director to devote his full time to the development and operation of the community college.
(b) Such clerical assistance as may be required.
(c) Persons qualified to teach the several courses of study.
2. The director and teachers shall be qualified pursuant to chapter 391 of NRS.
Sec. 5. 1. The board of trustees may provide for the community college such courses of instruction, without limitation by any other provision of law, as are approved by the state board of education. Any course of instruction with respect to which a pupil may apply for the granting or recognition of credit by the state university shall be given only under the supervision of the board of regents of the state university.
2. In order to enhance and test fully the effectiveness of the vocational and technical courses offered by the community college, the board of trustees of the Elko County school district shall, under the supervision of the superintendent of public instruction or his designee, without limitation by any curriculum applicable generally to school districts of this state, design the vocational and technical courses offered in its high schools as a broad-based curriculum to prepare pupils for a large group of similar occupations and afford the foundation for specialized training in the community college.
Sec. 6. The board of trustees may evidence completion of a subject or course of study by granting a certificate of completion, diploma or associate degree, pursuant to such regulations as the state board of education shall prescribe.
Sec. 7. 1. The state department of education shall study and recommend to the 55th session of the Nevada Legislature a master plan for education. This study shall include, but not be limited to:
(a) The feasibility of creating, throughout the state or in suitable areas thereof as the study may reveal, area community colleges or vocational-technical centers.
(b) Plans for the adaptation of vocational-technical training in high schools to take maximum advantage of further training to be offered in such community colleges or vocational-technical centers.
(c) Plans relative to finances, curriculum, organization and facilities.
(d) Exploration to determine community desire and sponsorship for creation of such community colleges.
(e) The potential enrollment and business and industrial opportunity for graduates of such community colleges.
For this purpose the superintendent of public instruction may contract with consultants as required.
2. The recommendations shall include:
(a) The minimum tax base, minimum population and initial local financial effort necessary to support a community college.
(b) Plans relative to cooperative financing by the federal, state and local governments and other sources.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 58κ
Assembly Bill No. 23Messrs. Swackhamer, Prince and Manning
CHAPTER 26
AN ACT to amend chapter 318 of NRS, relating to general improvement districts, by enlarging the authority to borrow money of districts having certain basic powers and authorizing the payment of compensation to certain board members.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A district organized or reorganized pursuant to this chapter and authorized to exercise any of the basic powers provided in NRS 318.140, 318.142 and 318.144 may borrow money from the state or Federal Government without limitation by other provisions of this chapter. The power conferred by this section may be exercised only for the purpose of exercising one or more of the basic powers enumerated in this section, whether or not the district is authorized to exercise any other basic power.
Sec. 2. NRS 318.085 is hereby amended to read as follows:
318.085 1. After taking oaths and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of such bond.
5. [No] Except as otherwise provided in this subsection, no member of the board shall receive compensation for his services. Each member of the board of a district organized or reorganized pursuant to this chapter and authorized to exercise any of the basic powers provided in NRS 318.140, 318.142 and 318.144 shall receive as compensation for his service a sum not in excess of $600 per year, payable monthly, but no member of such board shall receive any compensation as an employee of the district or otherwise, other than that herein provided.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 59κ
Assembly Bill No. 25Committee on Ways and Means
CHAPTER 27
AN ACT to amend an act entitled An Act making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969; and providing other matters properly relating thereto, approved April 20, 1967.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 49 of the above-entitled act, being chapter 441, Statutes of Nevada 1967, at pages 1192 and 1193, is hereby amended to read as follows:
Section 49. Notwithstanding any other provisions of this act, the moneys appropriated by:
1. Section 22 of this act to the state distributive school fund;
2. Section 30 of this act to the tuberculosis care fund of the health division of the department of health, welfare and rehabilitation and to the old-age assistance fund, the aid to the blind fund, the child welfare services fund and the aid to dependent children fund of the welfare division of the department of health, welfare and rehabilitation;
3. Section 39 of this act to the capital improvements fund of the division of state parks of the state department of conservation and natural resources;
4. Section 46 of this act to the consolidated bond interest and redemption fund; and
5. Section 25 of this act to the Nevada historical society for moving and operation expense of the new building,
shall be available for both fiscal years, 1967-1968, and 1968-1969, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the director of the budget.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 26Committee on Ways and Means
CHAPTER 28
AN ACT authorizing the employment of a construction engineer in the division of state parks of the state department of conservation and natural resources; making an appropriation; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1968 Statutes of Nevada, 13th Special Session, Page 60 (CHAPTER 28, AB 26)κ
The administrator may appoint one construction engineer, who shall be:
1. Registered as a professional engineer pursuant to the provisions of chapter 625 of NRS; and
2. In the classified service of the state.
Sec. 2. For the fiscal year ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury the sum of $11,142 for the support of the administration of the division of state parks of the state department of conservation and natural resources as an additional and supplemental appropriation to that allowed and made by section 39 of chapter 441, Statutes of Nevada 1967. After June 30, 1969, any unexpended balance of the appropriation made by this section shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1969.
Sec. 3. This act shall become effective on July 1, 1968.
________
Senate Bill No. 22Committee on Judiciary
CHAPTER 29
AN ACT to amend NRS 62.270, relating to the records of juvenile courts, by authorizing the discovery and use of the name of a child in a civil action based on the childs conduct.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.270 is hereby amended to read as follows:
62.270 1. The court shall make and keep records of all cases brought before it. The records shall be open to inspection only by order of the court to persons having a legitimate interest therein. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
2. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to such civil action may petition the court for release of the name of the child, and upon satisfactory showing to the court that the purpose in obtaining such information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the name of such child and authorize its use in such civil action.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1968 Statutes of Nevada, 13th Special Session, Page 61κ
Senate Bill No. 23Committee on Finance
CHAPTER 30
AN ACT relating to the mental hygiene division of the department of health, welfare and rehabilitation; to limit the number and salaries of psychiatrists in the classified service of the state; to increase the salary of the superintendent of the Nevada state hospital; and providing other matters properly relating thereto.
[Approved February 26, 1968]
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 a new section which shall read as follows:
1. The number of senior psychiatrists, in grades A and B combined, employed at the hospital, including any who may be stationed at the Nevada state prison, but excluding the superintendent, shall not exceed six.
2. The annual salary of a senior psychiatrist in the classified service of the state shall not exceed:
If he is in grade A......................................................................... $23,000
If he is in grade B......................................................................... 25,000
3. As used in this section:
(a) Grade B consists of psychiatrists certified or eligible for certification by the American Board of Psychiatry.
(b) Grade A consists of psychiatrists not so certified or eligible.
Sec. 2. Section 1 of chapter 525, Statutes of Nevada 1967, entitled An Act relating to salaries and compensation of certain officers and employees in the unclassified service of the State of Nevada; amending various sections of NRS relating to salaries of state officers and employees and adding new sections to NRS; and providing other matters properly relating thereto, approved April 26, 1967, at pages 1482 and 1487, inclusive, is hereby amended to read as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries in the amounts set forth following their specified titles:
Adjutant generals office:
Adjutant general.......................................................................... $15,000
Liaison officer............................................................................... 7,920
Deputy adjutant general............................................................. 7,200
Security officer............................................................................. 3,660
Attorney generals office:
Chief deputy attorney general................................................... 16,000
Chief assistant.............................................................................. 14,548
Chief counsel, department of highways................................... 14,500
Deputy, Nevada gaming commission....................................... 14,000
Deputy, welfare division, department of health, welfare and rehabilitation............................................................................................... 14,000
Deputy, department of commerce.............................................. 12,800
κ1968 Statutes of Nevada, 13th Special Session, Page 62 (CHAPTER 30, SB 23)κ
Deputy, state department of conservation and natural resources ............................................................................................... $12,800
Deputy, department of motor vehicles..................................... 11,400
Deputies, four in number, the total annual salaries of [which] whom shall not exceed............................................................................ 46,400
Legal analyst................................................................................. 11,500
Investigator................................................................................... 11,000
Colorado River commission of Nevada:
Secretary........................................................................................ 14,400
Department of administration:
Director.......................................................................................... 18,000
Budget division:
Deputy budget administrator.............................................. 13,860
Chief assistant budget administrator................................. 11,500
Buildings and grounds division:
Superintendent of buildings and grounds........................ 11,500
Deputy superintendent of buildings and grounds.......... 8,700
Chief assistant....................................................................... 8,490
Marlette Lake water system supervisor............................. 6,900
Central data processing division:
Chief........................................................................................ 14,700
Purchasing division:
Chief........................................................................................ 13,860
Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance.................... 11,000
Department of commerce:
Director.......................................................................................... 17,600
Banking division:
Superintendent of banks...................................................... 15,000
Assistant superintendent of banks.................................... 11,500
Insurance division:
Commissioner of insurance.................................................. 15,000
Chief deputy commissioner of insurance.......................... 11,500
Chief assistant....................................................................... 9,540
Real estate division:
Real estate administrator...................................................... 12,600
Chief investigator.................................................................. 9,660
Chief assistant....................................................................... 7,800
Special investigator............................................................... 7,800
Savings and loan division:
Commissioner of savings associations.............................. 15,000
Deputy commissioner of savings associations................ 11,500
Chief assistant....................................................................... 8,700
Department of economic development:
Director.......................................................................................... 12,000
Deputy director............................................................................ 8,640
Department of health, welfare and rehabilitation:
Director.......................................................................................... 17,600
Alcoholism division:
Administrator......................................................................... 10,460
κ1968 Statutes of Nevada, 13th Special Session, Page 63 (CHAPTER 30, SB 23)κ
Childrens home division:
Superintendent...................................................................... $10,500
Chief assistant....................................................................... 5,970
Mental hygiene division:
Superintendent and medical director of the Nevada state hospital................................................................................. [23,000] 26,000
Nevada girls training center division:
Superintendent...................................................................... 13,225
Nevada youth training center division:
Superintendent...................................................................... 13,225
Rehabilitation division:
OASI medical consultant (one-half time)........................... 11,000
Department of highways:
State highway engineer............................................................... 19,000
Deputy highway engineer.......................................................... 17,900
Department of motor vehicles:
Director.......................................................................................... 14,200
Deputy director............................................................................ 11,500
Employment security department:
Executive director......................................................................... 16,000
Governors office:
Administrative assistant............................................................. 18,400
Special assistant........................................................................... 14,000
Press officer.................................................................................. 12,000
Secretary........................................................................................ 8,400
Administrative secretary............................................................. 7,082
Receptionist.................................................................................. 6,300
Principal clerk-stenographers, three in number, the total annual salaries of [which] whom shall not exceed.................................... 17,487
Senior clerk stenographer........................................................... 4,813
Indian affairs commission:
Executive director......................................................................... 7,500
Labor commissioners office:
Labor commissioner..................................................................... 11,500
Deputy labor commissioner........................................................ 8,400
Lost City museum:
Curator........................................................................................... 7,236
Attendant...................................................................................... 3,000
Relief attendant............................................................................ 360
Nevada athletic commission:
Executive secretary...................................................................... 8,400
Nevada commission on equal rights of citizens:
Secretary........................................................................................ 10,500
Assistant secretary...................................................................... 7,500
Nevada commissioner for veteran affairs:
Commissioner............................................................................... 10,500
Deputy commissioner.................................................................. 9,500
Nevada gaming commission:
Executive secretary...................................................................... 15,000
Research and planning: Certified or registered public accountants, each............................................................................................... 14,000
κ1968 Statutes of Nevada, 13th Special Session, Page 64 (CHAPTER 30, SB 23)κ
Assistant executive secretary.................................................... $10,909
Tax administrators I..................................................................... 10,381
Tax administrators II.................................................................... 9,404
Confidential secretaries............................................................... 8,137
Tax and license examiners........................................................... 7,583
Tax and license examiners........................................................... 6,738
Research assistants..................................................................... 7,055
Program specialists...................................................................... 6,738
Administrative assistants........................................................... 6,738
Nevada historical society:
Executive secretary...................................................................... 8,700
Assistant executive secretary.................................................... 6,600
Research librarian......................................................................... 3,000
Nevada industrial commission:
Chairman........................................................................................ 16,000
Commissioner representative of labor...................................... 13,860
Commissioner representative of employers............................. 13,860
Nevada state prison:
Warden.......................................................................................... 15,000
Deputy warden............................................................................. 12,600
Nevada state museum:
Director.......................................................................................... 10,000
Curator of biology........................................................................ 8,400
Exhibit technician......................................................................... 5,700
Nevada tax commission:
Secretary........................................................................................ 16,000
Office of economic opportunity:
Director.......................................................................................... 15,000
Deputy director............................................................................ 9,500
Public employees retirement board:
Executive secretary...................................................................... 16,000
Assistant executive secretary.................................................... 10,940
Public service commission of Nevada:
Chairman........................................................................................ 16,000
Commissioners (other than chairman) each............................. 14,400
Branch manager............................................................................ 10,440
Secretary of states office:
Deputy secretary of state........................................................... 11,000
Deputy secretary of state (securities)....................................... 11,000
Chief assistant.............................................................................. 6,900
State board of fish and game commissioners:
State director of fish and game.................................................. 14,520
State board of parole commissioners:
Chief parole and probation officer............................................. 13,500
State controllers office:
Deputy state controller............................................................... 11,000
Accountant................................................................................... 9,000
State department of conservation and natural resources:
Director.......................................................................................... 17,600
Assistant director........................................................................ 14,700
Assistant director (federal land laws)....................................... 14,700
κ1968 Statutes of Nevada, 13th Special Session, Page 65 (CHAPTER 30, SB 23)κ
Division of water resources:
State engineer........................................................................ $14,700
District supervisor, water commissioners (one-half time) ............................................................................................... 6,600
Division of forestry:
State forester firewarden...................................................... 12,500
Division of state parks:
Administrator of the Nevada state park system............... 12,500
Deputy administrator............................................................ 11,000
State department of education:
Superintendent of public instruction........................................ 20,000
First assistant superintendent of public instruction.............. 16,000
Assistant superintendent of public instruction for administration ............................................................................................... 15,000
State gaming control board:
Members, each............................................................................. 15,840
Audit division:
Chief........................................................................................ 14,400
Agents.................................................................................... 11,464
Agents.................................................................................... 10,909
Agents.................................................................................... 8,533
Agents.................................................................................... 7,900
Statistical analysts................................................................ 5,814
Enforcement division:
Chief........................................................................................ 13,945
Agents.................................................................................... 10,909
Agents (electronics)............................................................. 10,645
Agents.................................................................................... 10,381
Agents.................................................................................... 9,880
Agents.................................................................................... 9,404
Agents.................................................................................... 8,956
Agents.................................................................................... 8,533
Statistical analysts................................................................ 6,104
Investigative division:
Chief........................................................................................ 14,400
Agents.................................................................................... 12,652
Agents.................................................................................... 11,474
Agents.................................................................................... 11,464
Agents.................................................................................... 10,909
Agents.................................................................................... 8,137
Temporary investigators, the total annual salaries of [which] whom shall not exceed.................................................................. 17,500
Office services:
Manager, Carson City........................................................... 12,696
Manager, Las Vegas............................................................. 10,968
Public information officer..................................................... 12,696
Files supervisor..................................................................... 7,398
Administrative assistant...................................................... 7,213
Confidential secretary........................................................... 6,104
Administrative assistant...................................................... 6,104
Legal researcher (one-half time).......................................... 2,923 State planning board:
κ1968 Statutes of Nevada, 13th Special Session, Page 66 (CHAPTER 30, SB 23)κ
State planning board:
Manager and technical supervisor............................................ $16,000
Deputy manager........................................................................... 13,860
State printing office:
Chief assistant.............................................................................. 6,324
State treasurers office:
Deputy state treasurer................................................................. 11,000
Chief assistant.............................................................................. 7,200
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 16Senator Titlow
CHAPTER 31
AN ACT relating to town boards; to provide for the establishment of a town board form of government for unincorporated towns through an initiative petition; to establish additional qualifications for electors in elections called pursuant to such petitions; and providing other matters properly relating thereto.
[Approved February 26, 1968]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of chapter 545, Statutes of Nevada 1967, at page 1723, is hereby amended to read as follows:
Section 2. A town board form of government, for the purpose of governing such town in accordance with the powers specified in this chapter, may be established for any unincorporated town in the State of Nevada. The town board form of government shall be adopted in the manner provided in sections 3 to 5, inclusive, of [this act.] chapter 545, Statutes of Nevada 1967, or section 3 of this amendatory act.
Sec. 2. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. A town board form of government may be adopted by means of initiative petition of the residents of such town.
2. The procedures established by sections 10 to 15, inclusive, of chapter 186, Statutes of Nevada 1967, for the adoption of county ordinances by initiative petition shall be followed by such residents and each document of the petition shall set forth briefly the proposal to establish a town board form of government. The election required to be held if the proposal is not adopted by the board of county commissioners shall be held not less than 30 days nor more than 60 days after the date of the final board vote thereon.
3. If a town board form of government is so adopted, members of the town board shall be appointed and elected as provided in section 3 of chapter 545, Statutes of Nevada 1967.
4. This section does not apply to any county having a population of 50,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1968 Statutes of Nevada, 13th Special Session, Page 67 (CHAPTER 31, SB 16)κ
Sec. 4. In addition to the qualifications prescribed in NRS 293.485 for electors in all elections, a person may vote in an election held pursuant to section 3 of this act only if he has been a resident of the area for which it is proposed to establish a town board form of government for at least 30 days prior to such election.
Sec. 5. NRS 269.105 is hereby amended to read as follows:
269.105 1. All salaries of officers mentioned in this chapter and all expenses incurred in carrying on any government herein provided for shall be paid out of the general fund of the town or city, to the affairs of which the government relates.
2. All claims for such salaries and expenses shall be presented to the town board or board of county commissioners, who shall consider and allow or reject the same, in whole or in part, and a record of their action shall be entered upon their minutes.
3. If allowed in whole or in part by a majority vote of all the members composing the town board or board of county commissioners, the clerk thereof shall certify the claims to the county auditor, who shall thereupon issue his warrant to the holder, substantially in the following form:
No...................... ....................................................................... 19.......
The county treasurer of .................................... County will pay to ............................................. the sum of ................. dollars, for (stating in general terms the nature of the claim), and charge the same to the general fund of the (town or city of) .......................... ...........
$................... ................................................, County Auditor
The county auditor shall appropriately fill all blanks.
4. Upon presentation of any warrant, the county treasurer shall immediately pay the same if he has money in his hands sufficient therefor belonging to the fund upon which it is drawn; but, if he has not, he shall endorse on the warrant, Not paid for want of funds, adding thereto the date of the endorsement and signing his name officially to the same; and thereafter he shall pay the warrant out of the first money applicable thereto coming into his hands.
5. Before 12 m. on the 1st Monday in each month, the county treasurer shall post a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the treasury to pay.
6. On paying any warrant, the county treasurer shall write across the face thereof, in red ink, Paid, with the date of payment, and sign his name officially thereto, and the warrant, thus canceled, shall be a sufficient voucher for the county treasurer for his official settlement, which settlement shall be made in time and manner as provided for settlement for county funds.
7. The chairman of the board of county commissioners shall, in addition to such settlement, once a month examine the books and vouchers of the county treasurer concerning the state of the finances in his hands, as mentioned in this chapter, and report the result to the board, which report shall be spread upon the minutes of the board. Such report shall be delivered to the town boards, if any, created pursuant to sections 2 to 5, inclusive, of [this act.] chapter 545, Statutes of Nevada 1967, and section 3 of this amendatory act. Such town boards shall have access, at all reasonable times, to the books and vouchers of the county treasurer which relate to the respective towns.
κ1968 Statutes of Nevada, 13th Special Session, Page 68 (CHAPTER 31, SB 16)κ
reasonable times, to the books and vouchers of the county treasurer which relate to the respective towns.
Sec. 6. This act shall become effective upon passage and approval.
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