[Rev. 2/28/2019 3:10:57 PM]
κ1967 Statutes of Nevada, Page 401 (CHAPTER 186, AB 37)κ
amendment be submitted to a vote of the people, the council shall either (a) pass such ordinance without alteration at the next regular meeting, after the sufficiency of the petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance.
Against the ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
5.] 3. All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full together with the names of the councilmen voting for or against their passage, in a newspaper published in such city if there be one; otherwise, some newspaper published in the county and having a general circulation in such city, for a period of at least two weeks, and at least once a week during such time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in a book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publishers, and the book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the city council, they shall be so received. All ordinances heretofore adopted or amended unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 22. Section 29 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended by chapter 158, Statutes of Nevada 1961, at page 218, is hereby amended to read as follows:
Section 29. Ordinances-Procedure-[Referendum-Initiative-] Emergency Measures-[Repeal-] Notices. Ordinances when first proposed shall be read aloud in full to the board on councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose.
κ1967 Statutes of Nevada, Page 402 (CHAPTER 186, AB 37)κ
action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days after its passage. [If at any time during said thirty days, a petition signed by qualified electors numbering not less than twenty per cent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
Emergency measures shall be subject to referendum like other orders passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
Any proposed ordinance, resolution or amendment to this charter, may be submitted to the board by petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance, resolution or amendment without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
κ1967 Statutes of Nevada, Page 403 (CHAPTER 186, AB 37)κ
such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the Ordinance.
Against the Ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.]
All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city, if any there be; otherwise some newspaper published in the county and having a general circulation in the city, for a period of at least one week before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of councilmen, they shall be so received.
Sec. 23. NRS 266.120 to 266.150, inclusive, 267.130 and 295.065 are hereby repealed.
Sec. 24. Section 79 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1134, is hereby repealed.
Sec. 25. Section 83 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 697, is hereby repealed.
Sec. 26. Sections 255 to 261, inclusive, of Article XXIII of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, at page 510, are hereby repealed.
Sec. 27. Section 31.2 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as added by chapter 313, Statutes of Nevada 1953, at page 525, is hereby repealed.
Sec. 28. Section 81 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, at page 438, is hereby repealed.
Sec. 29. Sections 11 to 16, inclusive, of Article XII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, added by chapter 71, Statutes of Nevada 1905, as amended, are hereby repealed.
κ1967 Statutes of Nevada, Page 404 (CHAPTER 186, AB 37)κ
by chapter 71, Statutes of Nevada 1905, as amended, are hereby repealed.
Sec. 30. Section 16.07 of Article XVI of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as added by chapter 70, Statutes of Nevada 1955, and amended by chapter 108, Statutes of Nevada 1961, at page 124, is hereby repealed.
Sec. 31. Any petition to propose an ordinance or charter amendment or to require reconsideration of an ordinance, the circulation of which was begun prior to the effective date of this act pursuant to any statute repealed by this act and which contains a number of signatures not less than the number required by section 4 of article XIX of the constitution of the State of Nevada, may be filed and acted upon, and the proposal submitted to an election, pursuant to the provisions of this act.
Sec. 32. This act shall become effective upon passage and approval.
________
Senate Bill No. 190Senator Young
CHAPTER 187
AN ACT to amend NRS 445.080, requiring construction permits in the Lake Tahoe Watershed, by requiring permits for the construction of piers, breakwaters and marinas in Lake Tahoe, for the removal of sand, gravel and other material from the lake and for the deposit of fill or deleterious material; requiring permits for construction or alteration of the shoreline; and providing other matters properly relating thereto.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 445.080 is hereby amended to read as follows:
445.080 1. It [shall be] is unlawful for any person, firm, association or corporation to construct:
(a) A dwelling; or
(b) A building for human occupancy; or
(c) A building for commercial purposes; or
(d) A system for the procurement or distribution of drinking water; or
(e) A system for the collection or disposal of sewage or other wastes,
in any of that portion of Nevada from which water drains into Lake Tahoe, designated in NRS 445.090 to 445.120, inclusive, as the Lake Tahoe Watershed, without first having secured written permission from the [section of public health engineering of the] health division of the department of health and welfare.
2. [No permit shall be required for construction not requiring domestic water or a means of sewage disposal.
3. A permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard.] It is unlawful for any person, firm, association or corporation to:
κ1967 Statutes of Nevada, Page 405 (CHAPTER 187, SB 190)κ
(a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe; or
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
without first having secured written permission from the health division of the department of health and welfare.
3. Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the health division of the department of health and welfare.
4. A permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 129Messrs. Kean, Wood and Harris
CHAPTER 188
AN ACT to amend NRS 487.010, relating to the duty to report vehicles stored or parked more than 30 days under certain circumstances, by specifying when and to whom reports shall be made; requiring investigations by peace officers and imposing duties on the department of motor vehicles; voiding certain liens for failure to comply with statutory provisions; and providing other matters properly relating thereto.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.010 is hereby amended to read as follows:
487.010 1. Whenever any vehicle of a type subject to registration under the laws of this state has been stored in a garage or parked in a trailer park or parking area for 30 days [and the ownership of the vehicle is unknown to the keeper thereof, or if such keeper knows or can ascertain the ownership but has reason to believe that such vehicle is stolen, abandoned or secreted, the keeper shall thereupon report the presence of such vehicle by registered mail, return receipt requested, to the department of motor vehicles, sheriff of the county where the vehicle is garaged or parked, and chief of police if within an incorporated city.
2. The department of motor vehicles, upon receipt of such notice, shall immediately notify the legal owner of record of the status of such vehicle.] or if the keeper of the garage, trailer park or parking area knows or can ascertain the ownership but has reason to believe that such vehicle is stolen, abandoned or secreted he shall immediately report the presence and license plate number of such vehicle by registered or certified mail, return receipt requested, to:
(a) The sheriff of the county in which such vehicle is garaged or parked; or
(b) If such vehicle is garaged or parked in an incorporated city, the chief of police of the city.
κ1967 Statutes of Nevada, Page 406 (CHAPTER 188, AB 129)κ
2. If after investigation the sheriff or chief of police determines that such vehicle is stolen, abandoned or secreted, he shall report such fact to the department of motor vehicles which shall immediately:
(a) If the vehicle is registered in this state, notify the legal owner and any holder of a security interest who appears of record.
(b) If the vehicle is registered in another state, request from the appropriate agency of that state the name and address of the legal owner and holder of a security interest. If such names and addresses are obtained, the department of motor vehicles shall notify each of such persons. The department of motor vehicles may utilize local law enforcement agencies of the State of Nevada to obtain the necessary information.
3. Failure to comply with the provisions of subsection 1 renders any lien for storage in excess of 30 days void.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 175Mr. Torvinen
CHAPTER 189
AN ACT relating to the liens of innkeepers and apartment keepers; to exempt certain articles from the provisions thereof and extend the benefit of such liens to keepers of unfurnished apartments.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.480 is hereby amended to read as follows:
108.480 1. [Every] Except as provided in subsection 2, every hotel, inn, motel, motor court, boardinghouse or lodginghouse proprietor or proprietors, or person who lets rooms to lodgers for hire, shall have a lien upon all property belonging to his patron, guest, boarder or tenant brought within the hotel, inn, motel, motor court, boardinghouse, lodginghouse or rooms for the amount that may be due from any such person for boarding, lodging, rent or for money paid or advanced to him, and for such other extras as are furnished at his request, and is authorized to retain possession of such property until the innkeepers lien and the cost of enforcing it are satisfied.
2. Tools or implements necessary to carry on the trade or employment of, and required work uniforms belonging to, such patron, guest, boarder or tenant are exempt from the provisions of this section.
3. At any time after 30 days after default made in the payment of a debt secured by a lien upon personal property as in this section provided, such lien may be foreclosed by sale of the property or some part thereof as provided in NRS 108.500.
Sec. 2. NRS 108.510 is hereby amended to read as follows:
108.510 1. [Keepers] Except as provided in subsection 2, keepers of furnished or unfurnished apartment houses or furnished bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such [furnished] apartment house or furnished bungalow court, for:
κ1967 Statutes of Nevada, Page 407 (CHAPTER 189, AB 175)κ
interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such [furnished] apartment house or furnished bungalow court, for:
(a) The proper charges due from such tenants or guests for their accommodation, rent, services, meals and such extras as are furnished at their request; and
(b) All moneys expended for them at their request; and
(c) The costs of enforcing the lien;
with the right to the possession of such baggage and other property of value until the charges are paid, and the moneys are repaid.
2. Tools and implement necessary to carry on the trade or employment of, and required work uniforms belonging to, such tenant or guest are exempt from the provisions of this section.
3. Unless the charges shall be paid and unless the moneys shall be repaid within 60 days from the time when the charges and moneys, respectively, become due, the keeper of [a furnished] an apartment house or furnished bungalow court may sell the baggage and property at public auction to the highest bidder, after giving notice of the sale as provided in NRS 108.520.
Sec. 3. NRS 108.520 is hereby amended to read as follows:
108.520 Notice of the sale shall be given by:
1. Publication of a notice containing the name of the debtor, the amount due, a brief description of the property to be sold, and the time and place of such sale, once every week for 4 successive weeks prior to the date of sale in a newspaper of general circulation in the county in which the [furnished] apartment house or furnished bungalow court is situated; and
2. Mailing, at least 15 days prior to the date of the sale, a copy of the notice addressed to the tenant or guest at his post office address, if known, and if not known, the notice shall be addressed to the tenant or guest at the place where the [furnished] apartment house or furnished bungalow court is situated.
Sec. 4. NRS 108.530 is hereby amended to read as follows:
108.530 1. After satisfying the lien out of the proceeds of the sale, together with any reasonable costs that may have been incurred in enforcing the lien, the residue of the proceeds of sale, if any, shall, upon demand made within 6 months after the sale, be paid by the keeper of [a furnished] an apartment house or furnished bungalow court to the tenant or guest.
2. If not demanded within 6 months from the date of the sale, the residue, if any, shall be paid into the treasury of the county in which the sale took place; and if the same be not claimed by the owner thereof, or his legal representative, within 1 year thereafter, it shall be paid into the general fund of the county.
3. The sale shall be a perpetual bar to any action against the keeper of [a furnished] an apartment house or furnished bungalow court for the recovery of such baggage or property, or of the value thereof, or for any damages growing out of the failure of the tenant or guest to receive such baggage or property.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 408κ
Assembly Bill No. 202Committee on Judiciary
CHAPTER 190
AN ACT to amend NRS 41.100, relating to the survival of personal injury actions, by providing that such causes of action are not assignable.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.100 is hereby amended to read as follows:
41.100 1. Causes of action, whether suit has been brought upon the same or not, in favor of the injured party for personal injuries other than those resulting in death, whether such injuries be to the health or to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property.
2. The court or jury in every such action may give such damages, pecuniary and exemplary, as it shall deem fair and just. Every person entitled to maintain such action, and every person for whose benefit such action is brought, may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled including damages for loss of probable future companionship, society and comfort.
3. Nothing in this section shall be construed to make such causes of action assignable.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 136Senators Brown, Alleman, Bunker, Christensen, Gibson, Hecht, Herr and Lamb
CHAPTER 191
AN ACT relating to the board of regents of the University of Nevada; to amend NRS 396.040, relating to the election of the members of the board of regents, by increasing the number of members of the board; to amend NRS 396.060, relating to vacancies on the board of regents, by providing for the election of members to fill such vacancies; and providing other matters properly relating thereto.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.040 is hereby amended to read as follows:
396.040 1. [For the purpose of electing members of the board of regents at the general election to be held in November 1960 and at general elections thereafter the state is divided into three districts as follows:
κ1967 Statutes of Nevada, Page 409 (CHAPTER 191, SB 136)κ
(a) Washoe County shall be known as district No. 1, with three members of the board of regents residing therein to be elected by the qualified electors within the district.
(b) Clark County shall be known as district No. 2, with three members of the board of regents residing therein to be elected by the qualified electors within the district.
(c) The remainder of the state shall be known as district No. 3, with three members of the board of regents residing therein to be elected by the qualified electors within the district.
2. At the general election to be held in November 1958:
(a) From district No. 1, one member of the board of regents shall be elected for a term of 2 years, and one member of the board of regents shall be elected for a term of 4 years.
(b) From district No. 2, one member of the board of regents shall be elected for a term of 2 years, and one member of the board of regents shall be elected for a term of 4 years.
(c) From district No. 3, one member of the board of regents shall be elected for a term of 2 years, and two members of the board of regents shall be elected for a term of 4 years.
Thereafter, the successors to the holdover members of the board of regents representing districts Nos. 1 and 2 and not elected at the general election in 1958, and the successors to the members of the board of regents elected at the general election in 1958, shall be elected by the people for terms of 4 years each.
3. The term of office of each member of the board of regents elected by the people shall begin on the 1st Monday in January next succeeding the date of his election.] The board of regents shall consist of 11 members to be elected by the registered voters within the following districts:
(a) Washoe County shall be known as district No. 1, with three members of the board of regents residing therein.
(b) Clark County shall be known as district No. 2, with five members of the board of regents residing therein.
(c) The remainder of the state shall be known as district No. 3, with three members of the board of regents residing therein.
2. The members of the board of regents shall be elected as follows:
(a) At the general election in 1968:
(1) From district No. 1, two members of the board of regents shall be elected for terms of 4 years.
(2) From district No. 2, three members of the board of regents shall be elected for terms of 4 years, and one member of the board of regents shall be elected for a term of 2 years.
(3) From district No. 3, one member of the board of regents shall be elected for terms of 4 years.
(b) At the general election in 1970, and every 4 years thereafter:
(1) From district No. 1, one member of the board of regents shall be elected for a term of 4 years.
(2) From district No. 2, two members of the board of regents shall be elected for a term of 4 years.
(3) From district No. 3, two members of the board of regents shall be elected for a term of 4 years.
(c) At the general election in 1972, and every 4 years thereafter:
κ1967 Statutes of Nevada, Page 410 (CHAPTER 191, SB 136)κ
(1) From district No. 1, two members of the board of regents shall be elected for terms of 4 years.
(2) From district No. 2, three members of the board of regents shall be elected for terms of 4 years.
(3) From district No. 3, one member of the board of regents shall be elected for a term of 4 years.
3. The members of the board of regents as the board is constituted on the effective date of this act shall continue to hold office for the terms for which they were elected.
Sec. 2. NRS 396.060 is hereby amended to read as follows:
396.060 In case of a vacancy in the board of regents caused by death, resignation, removal, or otherwise, the governor shall fill the vacancy by the appointment of qualified person to serve until the [expiration of the term of office of the regent originally elected.] next succeeding general election, when the vacancy shall be filled by election for the remainder of the unexpired term of office of the regent originally elected.
Sec. 3. To bring the board of regents to its full complement of 11 members on and after the effective date of this act, the governor shall, immediately after the effective date of this act, appoint two members who are residents of district No. 2.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 407Senator Titlow
CHAPTER 192
AN ACT authorizing the unincorporated town of Tonopah to construct a community multipurpose building within the town and to purchase necessary furniture and equipment therefor; authorizing the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $95,000; providing for the payment of the bonds and the interest thereon by the levy and collection of general (ad valorem) taxes and optionally with the proceeds of a lodgers room tax; specifying powers, duties, rights, privileges, liabilities and limitations and providing other details in connection therewith; and providing other matters properly relating thereto.
[Approved March 24, 1967]
Whereas, The board of county commissioners of the County of Nye, State of Nevada, acting as the board of trustees of the unincorporated town of Tonopah, in said county and state (herein sometimes designated as the Board, the Town, the County, and the State, respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 8th day of November, 1966 (herein sometimes designated as the election), to the duly qualified electors of the Town, a proposal authorizing the Town to incur an indebtedness by the issuance of the Towns negotiable, coupon, general obligation bonds, in one series or more, in the maximum principal amount of $95,000, for the purpose of constructing a community multipurpose building within the limits of the Town, and purchasing necessary furniture and equipment therefor (herein sometimes designated as the bonds and the Project, respectively), the bonds to bear interest at a rate or rates not exceeding 6 percent per annum, and to mature serially within not to exceed 20 years from the date or dates of their issue, and to contain, at the option of the Board, such provisions for their prior redemption at the Towns option, and such other terms and provisions as the Board may determine; and
κ1967 Statutes of Nevada, Page 411 (CHAPTER 192, SB 407)κ
bonds and the Project, respectively), the bonds to bear interest at a rate or rates not exceeding 6 percent per annum, and to mature serially within not to exceed 20 years from the date or dates of their issue, and to contain, at the option of the Board, such provisions for their prior redemption at the Towns option, and such other terms and provisions as the Board may determine; and
Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the Town who were owners of, or spouses of owners of, real property in the Town assessed on the assessment roll of the County and also by a majority voting thereon of all other qualified electors of the Town; and
Whereas, The Board has previously enacted Tonopah Town Ordinance No. 86 (herein sometimes designated as the Ordinance) imposing a 5 percent room tax within the Town (herein sometimes designated as the Lodgers Room Tax) the proceeds of which may be utilized, by the express provisions contained in the Ordinance, for the construction, alteration or acquisition of a convention center and for the repayment of any temporary emergency loans and/or bonds, and interest thereon, the proceeds of which have been, or are to be, utilized for the purposes set forth in the Ordinance; and
Whereas, The proposed community multipurpose building will serve as such a convention center; and
Whereas, The Board desires to be authorized to use at least in part the proceeds of the Lodgers Room Tax (herein sometimes designated as Revenues) to pay the principal of and the interest on the bonds as the same become due, to secure such payment by a pledge of Revenues, and to reduce the general (ad valorem) taxes on all property, both real and personal, subject to taxation within the boundaries of the Town (herein sometimes designated as the Property Tax), which would otherwise be levied and collected to make such payment, to the extent of the use of Revenues; and
Whereas, It is hereby declared as a matter of legislative determination that existing legal limitations are unduly restrictive and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Town, acting by and through the Board, in addition to the powers elsewhere conferred upon the Town, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the Towns negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $95,000, or such lesser amount as may be necessary or desirable, as determined by the Board, for the purpose of constructing a community multipurpose building within the limits of the Town, and purchasing necessary furniture and equipment therefor (or any combination thereof).
Sec. 2. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, as the Board may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 7 percent of the principal amount thereof and at a price which will not result in a net interest rate to the Town of more than 7 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of any discount permitted by the Board on the sale of the bonds.
κ1967 Statutes of Nevada, Page 412 (CHAPTER 192, SB 407)κ
determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 7 percent of the principal amount thereof and at a price which will not result in a net interest rate to the Town of more than 7 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of any discount permitted by the Board on the sale of the bonds. The bonds shall bear interest at a rate or rates not exceeding 7 percent per annum.
2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly. Nothing herein contained shall be construed as permitting the sale of any bonds for other than lawful money of the United States of America.
3. The Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.
4. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.
Sec. 3. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the Town.
Sec. 4. Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions of this act and any act supplemental thereto, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 5. 1. The bonds of any series, except as otherwise expressly provided in the act, shall be issued in accordance with NRS 350.080 to 350.110, inclusive, and 350.180.
2. Any bond shall be executed in the name of and on behalf of the Town, signed by the chairman of the Board, countersigned by the county treasurer, ex-officio town treasurer, with the seal of the Town affixed thereto, and attested by the county clerk, ex-officio town clerk.
3. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer, ex-officio town treasurer.
4. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.
Sec 6. 1. The bonds shall be payable from the proceeds of the Property Tax and otherwise issued in accordance with NRS 350.190. The payment of any bonds may be additionally secured by an irrevocable pledge of, and such bonds may be made payable from, Revenues derived from the Lodgers Room Tax.
2. No resolution, ordinance, trust agreement or any other instrument by which a pledge is created or which otherwise appertains to any pledge of Revenues or other matter provided in this act need be filed or recorded except in the office of the clerk of the Board, subject to the provisions of any relevant law concerning the adoption of a resolution or ordinance.
κ1967 Statutes of Nevada, Page 413 (CHAPTER 192, SB 407)κ
except in the office of the clerk of the Board, subject to the provisions of any relevant law concerning the adoption of a resolution or ordinance.
3. Any pledge of Revenues shall be valid and binding from the time when the pledge is made. Any Revenues so pledged and thereafter received by the Town shall immediately be subject to the lien of such pledge, subject to any prior and superior rights of any outstanding obligations, without any physical delivery of such Revenues, any filing or any further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Nothing herein contained shall be construed as a waiver of any immunity or as the creation of any immunity of the Board, the Town, or any officer, agent or employee thereof.
4. Any Revenues pledged (subject to any prior pledges) for the payment of bonds of any one issue or series authorized in this act which Revenues are not exclusively pledged therefor, may subsequently be pledged directly for the payment of the bonds of one or more issues or series subsequently authorized.
Sec. 7. All bonds of the same issue or series shall, subject to any prior and superior rights of any outstanding securities, claims or other obligations, have a prior, paramount and superior lien on the Revenues pledged for the payment of the bonds over and ahead of any lien thereagainst subsequently incurred of any other securities; but the ordinance authorizing, or any other instrument appertaining to, the issuance of any bonds authorized in this act may provide for the subsequent authorization of bonds or other securities the lien for the payment of which on such revenues is on a parity with the lien thereon of the subject bonds upon such conditions and subject to such limitations as the ordinance or other instrument may provide.
Sec. 8. All bonds of the same issue or series shall be equally and ratably secured without priority by reason of number, date of maturity, date of bonds, of sale, of execution, or of delivery, by a lien on the pledged Revenues in accordance with the provisions of this act and the ordinance authorizing, or any other instrument appertaining to, the bonds, except to the extent such ordinance or other instrument shall otherwise expressly provide.
Sec. 9. In the discretion of the Board any bonds issued under this act may be secured by a trust agreement by and between the Town and a corporate trustee or trustees which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the ordinance providing for the issuance of any bonds may pledge or assign the Revenues to be received, as herein provided, but shall not convey or mortgage any other properties. Any such trust agreement shall be authorized by ordinance and may contain such provisions for protecting and enforcing the rights and remedies of the holders of such bonds as are not in violation of law. Any such trust agreement also may set forth the rights and remedies of the holders of the bonds and of the trustee or trustees, and may restrict the individual right of action by such holders. In addition to the foregoing, any such trust agreement or ordinance may contain such other provisions as the Board may deem reasonable and proper for the security of such holders.
κ1967 Statutes of Nevada, Page 414 (CHAPTER 192, SB 407)κ
ordinance may contain such other provisions as the Board may deem reasonable and proper for the security of such holders.
Sec. 10. It shall be lawful for any bank or trust company incorporated under the laws of the State which may act as depositary of the proceeds of bonds or of Revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Town.
Sec. 11. Any ordinance authorizing the issuance of bonds pursuant to this act and any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred thereby), in order to secure the payment of such bonds, in agreement with the holders and owners of such bonds, as to any one or more of the following:
1. Any Lodgers Room Tax to be fixed, charged or levied, and the collection, use and disposition thereof, including without limitation the enforcement of the collection of any Revenues by civil action or by any other means now or hereafter provided by law, including but not limited to an action in the nature of a writ of mandamus or other suit, action or proceeding at law or in equity to compel the payment of delinquent Revenues, the foreclosure of liens for delinquencies, the collection of penalties and collection costs, including without limitation court costs and reasonable attorneys fees, and the use and disposition of any Revenues of the Town, derived or to be derived.
2. The creation and maintenance of reserves or sinking funds as special funds or accounts to secure the payment of the principal of and interest on any bonds, and the source, custody, security, regulation, use and disposition of any such revenues, funds or accounts, including but not limited to the powers and duties of any trustee with regard thereto.
3. The payment of the principal of and interest on any bonds, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds or other securities payable from or constituting a charge against or lien upon any Revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst, and limitations thereon, subject to the provisions of section 7 of this act.
4. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any Revenues of the Town.
5. The determination or definition of Revenues from the Lodgers Room Tax, the costs of collecting the proceeds of the Lodgers Room Tax, the use and disposition of such Revenues, and the manner of and limitations upon paying such costs.
6. Books of account, the inspection and audit thereof, and other records appertaining to the Lodgers Room Tax.
7. The payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the ordinance or any trust agreement or other instrument or of any covenant or contract with the holders of the bonds.
8. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising from the breach by the Town of any covenants, conditions or obligations.
κ1967 Statutes of Nevada, Page 415 (CHAPTER 192, SB 407)κ
rights, liabilities, powers and duties arising from the breach by the Town of any covenants, conditions or obligations.
9. The terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
10. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may collect, receive and apply all Revenues thereafter arising from the Lodgers Room Tax in the same manner as the Town itself might do.
11. A procedure by which the terms of any ordinance authorizing the bonds, any other instrument appertaining thereto, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which mush consent thereto, and the manner in which such consent may be given.
12. The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which declaration and its consequences may be waived
13. All such acts and things as may be necessary or convenient or desirable in order to secure the Towns bonds, or in the discretion of the Board tend to make the bonds more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the Town power to do all things in the issuance of bonds and for their security except as herein specifically limited.
Sec. 12. 1. Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to any restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the Board, the Town, and any of the officers, agents and employees thereof, and to require and compel the Board, the Town, or any such officers, agents or employees, to perform and carry out its and their duties, obligations or other commitments under this act and its and their covenants and agreements with the bondholders;
(b) By action or suit in equity to require the Town to account as if it was the trustee of an express trust;
(c) By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any Revenues which are pledged wholly or in part for the payment of the bonds, and collect, receive and apply all Revenues or other moneys pledged for the payment of the bonds in the same manner as the Town itself might do;
(d) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders; and
(e) Bring suit upon the bonds.
κ1967 Statutes of Nevada, Page 416 (CHAPTER 192, SB 407)κ
2. In any suit, action or proceedings by any trustee or receiver, the fees, counsel fees and expenses of any trustee and any receiver shall constitute disbursements which shall be a first charge on any revenues derived from the Lodgers Room Tax, except reasonable costs of collection.
3. No right or remedy conferred upon any holder of any bond or any coupon appertaining thereto or any trustee for the holder by this act or by any proceedings appertaining to the issuance of the bond or coupon is exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this act or by any other law.
4. The failure of any holder of any bond or coupon so to proceed as provided in this act or in such proceedings shall not relieve the Board, the Town, and each of the officers, agents and employees thereof, of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 13. 1. Before the Board shall cause to be delivered bonds under this act, all such bonds shall be registered by the county treasurer, ex-officio town treasurer, in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds;
(b) The time of payment of each bond; and
(c) The rate of interest which each bond bears.
3. After registration by the county treasurer, ex-officio town treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the Town, upon payment being made therefor on the terms of the sale or sales.
Sec. 14. Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.
Sec. 15. 1. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds.
2. The bonds shall be authorized security for all public deposits.
3. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any political subdivision or other political or public corporation, any other corporation, or any other person of any duty of exercising reasonable care in selecting securities.
Sec. 16. 1. This act, without reference to other statutes of this State, except as in this act otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds to evidence such loans.
κ1967 Statutes of Nevada, Page 417 (CHAPTER 192, SB 407)κ
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
3. The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the Town, acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
4. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
5. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the Town, acting by and through the Board, or any officer, agent, or employee thereof, by any other law.
6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 17. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 18. This act shall become effective upon passage and approval.
________
Assembly Bill No. 280Messrs. Roy Young and Glaser
CHAPTER 193
AN ACT relating to the state department of conservation and natural resources; to provide for reports to the governor prior to legislative sessions; to provide for alternates and their expenses on the state committee on federal land laws; and providing other matters properly relating thereto.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.070 is hereby amended to read as follows:
232.070 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
κ1967 Statutes of Nevada, Page 418 (CHAPTER 193, AB 280)κ
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations as he may deem necessary for the operation of the department.
(d) Plan such studies and investigations as he may deem appropriate and carry out the same in conjunction with the various divisions.
(e) Coordinate all studies in the State of Nevada concerned with the supply, development, use and conservation of water.
(f) Prepare and deliver to the governor, on or before October 1 [of each year,] in the year preceding a regular session of the legislature, and at such other times as may be required by the governor, a full report of the work of the department, and the divisions thereof, including a detailed statement of the expenditures of the department and any recommendations the director may have.
4. The director may, with the approval of the governor, enter into cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located in or outside the State of Nevada, or any person, corporation or association, in connection with studies and investigations pertaining to waters, lands or other matters related to the development or conservation of natural resources.
Sec. 2. NRS 232.153 is hereby amended to read as follows:
232.153 1. Members of the committee shall serve at the governors pleasure and shall be allowed per diem expense allowances and travel expenses as fixed by law.
2. A member of the committee may appoint an alternate, subject to the approval of the governor, and such alternate is entitled to the per diem expense allowances and travel expenses provided in subsection 1 when actually performing duties as alternate in the place of a regular member.
________
Assembly Bill No. 189Mr. Tim Hafen
CHAPTER 194
AN ACT to amend chapter 555 of NRS, relating to pest control, by authorizing the state department of agriculture to determine and prohibit certain host plants where a particular pest is otherwise uncontrollable; providing a penalty; and providing other matters properly relating thereto.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When it appears that an area has or is likely to become infested with a pest which cannot be practically eradicated or controlled except by the means provided in this section, the department shall hold a public hearing to determine the necessity of declaring a time limit during which or an area in which plants capable of acting as hosts for such pest may not be planted, grown, cultivated, maintained or allowed to exist.
κ1967 Statutes of Nevada, Page 419 (CHAPTER 194, AB 189)κ
by the means provided in this section, the department shall hold a public hearing to determine the necessity of declaring a time limit during which or an area in which plants capable of acting as hosts for such pest may not be planted, grown, cultivated, maintained or allowed to exist.
2. Notice of such hearing shall be given to all growers of such host plants within the area and shall specify:
(a) The time and place of the hearing.
(b) The host plant.
(c) The pest.
(d) The purpose of the hearing.
3. If, after the hearing, the department determines that such pest cannot otherwise be practically eradicated or controlled, the department shall issue an order prescribing a time limit during which or an area in which such host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which such host plants exist to eradicate such plants.
4. If such an owner or occupant neglects or refuses to eradicate such plants, the department may do so in the manner prescribed by NRS 555.120.
5. Any person violating such an order is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 141Senator Swobe
CHAPTER 195
AN ACT to amend NRS 41.470, relating to the civil liability of a parent or guardian for the willful misconduct of a minor, by extending liability to include injury to persons and increasing the maximum amount of liability.
[Approved March 24, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.470 is hereby amended to read as follows:
41.470 1. Any act of willful misconduct of a minor under the age of 18 years which results in any injury or death to another person or injury to the property of another shall be imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with such minor for all damages resulting from such willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section shall not exceed [$300] $2,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any liability now imposed by law.
________
κ1967 Statutes of Nevada, Page 420κ
Assembly Bill No. 163Committee on Agriculture, Irrigation and Livestock
CHAPTER 196
AN ACT to amend chapter 561 of NRS, relating to the state department of agriculture, by adding a new section authorizing the executive director to issue subpenas, and authorizing the district court to enforce such subpenas; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever the executive director is authorized or required by law to conduct a hearing, he shall have authority to issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, to administer oaths and take testimony thereunder, and to take depositions within or without the state, as the circumstances of the case may require.
2. The district court in and for the county in which any hearing is being conducted by the executive director shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the executive director.
3. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the executive director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in this section; and
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the executive director in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the executive director.
4. The court, upon petition of the executive director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the executive director. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the executive director, the court may thereupon enter an order that the witness appear before the executive director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
κ1967 Statutes of Nevada, Page 421 (CHAPTER 196, AB 163)κ
books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 133Committee on Federal, State and Local Governments
CHAPTER 197
AN ACT to amend chapter 350 of NRS, concerning borrowing of money and the issuance of securities by political subdivisions of the State of Nevada, by adding new sections further relating to the borrowing of money and the incurrence of obligations by such subdivisions and to the evidencing of such obligations by the issuance of bonds and other securities thereof, and also relating to taxes and other revenues for the payment of such securities and to pledges, liens, other moneys and properties appertaining thereto; specifying powers, duties, rights, privileges, liabilities and limitations and providing other details in connection therewith; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 112, inclusive, of this act.
Sec. 2. Sections 2 to 112, inclusive, of this act shall be known as the Local Government Securities Law.
Sec. 3. It is the purpose of the Local Government Securities Law to provide a procedure for financing any projects otherwise authorized by law (other than by the levy and collection of special assessments) and for the issuance of securities to evidence or reevidence obligations incurred in connection with any such projects. This act is supplemental in nature, and nothing herein contained shall be construed as authorizing any particular project nor as authorizing the incurrence of any obligations to defray the cost of any project.
Sec. 4. The following terms, defined for all purposes of this act and of any act amendatory thereof, supplemental thereto or relating thereto, and of any instrument or document appertaining thereto, unless the context otherwise requires, have the meanings ascribed to them in sections 5 to 35, inclusive, of this act.
Sec. 5. Acquisition or acquire includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any public body therein, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, or any properties pertaining to a project, or an interest therein.
Sec. 6. Chairman or chairman of the municipality or any phrase of similar import means the de facto or de jure chairman of the board of county commissioners, mayor of the city or town, president of the board of trustees of the school district, chairman of the board of directors of any other type district, or the president thereof, or any other presiding officer or titular head of the municipality, or his successor in functions, if any.
κ1967 Statutes of Nevada, Page 422 (CHAPTER 197, SB 133)κ
of trustees of the school district, chairman of the board of directors of any other type district, or the president thereof, or any other presiding officer or titular head of the municipality, or his successor in functions, if any.
Sec. 7. Clerk means the de facto or de jure county clerk, city clerk, town clerk, clerk of the board of trustees of the school district, secretary or clerk of the board of directors of any other type district, or other officer of the municipality who is the custodian of any seal of the municipality and of the records of the proceedings of the municipalitys governing body, or his successor in functions, if any.
Sec. 8. Commercial bank means a state or national bank or trust company which is a member of the Federal Deposit Insurance Corporation, including without limitation any trust bank as herein defined.
Sec. 9. 1. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any project, or an interest therein, herein designated. The governing body may:
(a) Exercise on behalf of the municipality the power of eminent domain in the manner provided in chapter 37 of NRS, as from time to time amended, except as herein otherwise provided;
(b) Take any property necessary to carry out any of the objects or purposes concerning such a project, whether such property be already devoted to the same use by any person (but not the Federal Government, the state or any other public body in the absence of any provision to the contrary in any act supplemental hereto); and
(c) Condemn any existing works or improvements of any such person now or hereafter used.
2. The power of eminent domain vested in the governing body includes the power to condemn, in the name of the municipality, either the fee simple or any lesser estate or interest in any real property which the governing body by ordinance determines is necessary for carrying out the purposes hereof. Such ordinance shall be prima facie evidence that the taking of the fee simple, easement or other interest, as the case may be, is necessary. The governing body shall not abandon any condemnation proceedings subsequent to the date upon which the municipality has taken possession of the property being acquired.
3. If the construction or other acquisition of any project, or any part thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right-of-way, or otherwise, the governing body shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land, except where such cost of removal and relocation is or has been considered a proper element of just compensation in any settlement by negotiation or in any eminent domain proceeding.
Sec. 10. Cost of any project, or any phrase of similar import, means all or any part designated by the governing body of the cost of any project, or interest therein, which cost, at the option of the governing body, may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the municipality from funds available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;
κ1967 Statutes of Nevada, Page 423 (CHAPTER 197, SB 133)κ
from any other source, with the approval of the governing body or any board or other agency of the municipality responsible for the project or defraying the cost thereof, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the governing body to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any ordinance, resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the municipality;
9. The costs of funding any emergency loans, construction loans and other temporary loans of not exceeding 3 years appertaining to a project and of the incidental expenses incurred in connection with such loans;
10. The costs of any properties, rights, easements or other interests in properties, or any licenses, privileges, agreements, and franchises;
11. The costs of demolishing, removing or relocating any buildings, structures or other facilities on land acquired for any project, and of acquiring lands to which such buildings, structures or other facilities may be moved or relocated; and
12. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the governing body.
Sec. 11. Facilities means buildings, structures, utilities, or other income-producing facilities form the operation of which or in connection with which pledged revenues for the payment of any bonds or other securities issued hereunder are derived, including without limitation any facilities to be acquired with the proceeds of the bonds or securities issued hereunder.
Sec. 12. Federal Government means the United States, or any agency, instrumentality or corporation thereof.
Sec. 13. Federal securities means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States.
κ1967 Statutes of Nevada, Page 424 (CHAPTER 197, SB 133)κ
Sec. 14. Governing body means the board of county commissioners, city council, city commission, board of supervisors, town council, board of trustees of the school district, board of directors or trustees of any other type district, or other local legislative or governing body of the municipality.
Sec. 15. Gross revenues or gross pledged revenues means all pledged revenues received by the municipality and pledged wholly or in part for the payment of any municipal securities issued hereunder.
Sec. 16. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto, hereunder and any similar term refer to this act and not solely to the particular portion thereof in which such word is used; heretofore means before the adoption of this act; and hereafter means after the adoption of this act.
Sec. 17. Holder, or any similar term, when used in conjunction with any coupons, any bonds or any other securities, means the person in possession and the apparent owner of the designated item if such obligation is registered for payment to bearer or is not registered, or the term means the registered owner of the designated item if it is at the time registered for payment otherwise than to bearer.
Sec. 18. Improvement or improve includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, or any properties pertaining to a project or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.
Sec. 19. Municipal means pertaining to a municipality as defined in section 21 of this act.
Sec. 20. Municipal securities or merely securities means notes, warrants, bonds, temporary bonds and interim debentures authorized to be issued by any municipality hereunder.
Sec. 21. Municipality means any county, any incorporated city or town (including without limitation any city or town organized under the provisions of a special legislative act or other special charter), any unincorporated city or town, any school district, or any quasi-municipal district (including without limitation any district governed by Title 25 of NRS) of this state.
Sec. 22. Net revenues or net pledged revenues means gross revenues, after the deduction of operation and maintenance expenses.
Sec. 23. Operation and maintenance expenses, or any phrase of similar import, means all reasonable and necessary current expenses of the municipality, paid or accrued, of operating, maintaining and repairing the facilities or of levying, collecting and otherwise administrating any excise taxes pertaining to the pledged revenues for the payment of the bonds or other securities issued hereunder; and the term may include at the governing bodys option (except as limited by contract or otherwise limited by law), without limiting the generality of the foregoing:
1. Engineering, auditing, reporting, legal and other overhead expenses of the various municipal departments directly related and reasonably allocable to the administration of the facilities;
2. Fidelity bond and property and liability insurance premiums appertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;
κ1967 Statutes of Nevada, Page 425 (CHAPTER 197, SB 133)κ
3. Payments to pension, retirement, health and hospitalization funds and other insurance;
4. Any taxes, assessments, excise taxes, or other charges which may be lawfully imposed on the municipality, any facilities, revenues therefrom, or any privilege in connection with any facilities or their operation;
5. The reasonable charges of any paying agent, or commercial bank, trust bank or other depositary bank appertaining to any securities issued by the municipality or appertaining to any facilities;
6. Contractual services, professional services, salaries, other administrative expenses, and costs of materials, supplies, repairs and labor, appertaining to the issuance of any municipal securities and to any facilities, including without limitation the expenses and compensation of any trustee, receiver or other fiduciary under this act;
7. The costs incurred by the governing body in the collection and any refunds of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;
8. Any costs of utility services furnished to the facilities by the municipality or otherwise;
9. Any lawful refunds of any pledged revenues; and
10. All other administrative, general and commercial expenses.
Sec. 24. The term operation and maintenance expenses does not include:
1. Any allowance for depreciation;
2. Any costs of improvements;
3. Any accumulation of reserves for major capital replacements (other than normal repairs);
4. Any reserves for operation, maintenance or repair of any facilities;
5. Any allowance for the redemption of any bond or other municipal security evidencing a loan or other obligation or for the payment of any interest thereon;
6. Any liabilities incurred in the acquisition or improvement of any properties comprising any project or of any existing facilities, or any combination thereof; and
7. Any other ground of legal liability not based on contract.
Sec. 25. Ordinance means a county ordinance, city ordinance, town ordinance, school district or other type district resolution, or other type of instrument by the adoption of which the municipality exercises legislative powers.
Sec. 26. Person means a corporation, firm, other body corporate (but excluding the Federal Government, the state or any public body), partnership, association or individual, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law.
Sec. 27. Pledged revenues means the moneys pledged wholly or in part for the payment of bonds or other municipal securities issued in accordance with the provisions of this act, and, subject to any existing pledges or other contractual limitations, may include at the governing bodys discretion moneys derived from one, all or any combination of revenue sources appertaining to any facilities, including without limitation use and service charges, rents, fees and any other income derived from the operation or ownership of, from the use or services of, or from the availability of or services appertaining to, the lease of, any sale or other disposal of, any contract or other arrangement, or otherwise derived in connection with any facilities or all or any part of any property appertaining to any facilities, and may so include the proceeds of any excise taxes levied and collected by the municipality or otherwise received by it and authorized by law (other than this act) to be pledged for the payment of municipal securities issued in accordance with the provisions of this act, but excluding the proceeds of any taxes as defined in section 32 of this act.
κ1967 Statutes of Nevada, Page 426 (CHAPTER 197, SB 133)κ
the availability of or services appertaining to, the lease of, any sale or other disposal of, any contract or other arrangement, or otherwise derived in connection with any facilities or all or any part of any property appertaining to any facilities, and may so include the proceeds of any excise taxes levied and collected by the municipality or otherwise received by it and authorized by law (other than this act) to be pledged for the payment of municipal securities issued in accordance with the provisions of this act, but excluding the proceeds of any taxes as defined in section 32 of this act.
Sec. 28. Project means any undertaking or undertakings which the governing body is authorized by law (other than this act) to do in the name of the municipality, the cost of which the governing body is authorized by law (other than this act) to defray wholly or in part by the issuance of bonds or other securities of the municipality as provided hereunder.
Sec. 29. Public body means the University of Nevada, its board of regents, any county, city, town, school district, other type district, authority, commission or other type of body corporate and politic constituting a political subdivision of the state (other than the municipality proceeding hereunder.)
Sec. 30. State means the State of Nevada, or any agency or instrumentality thereof, in the United States.
Sec. 31. Taxation means the levy and collection of taxes as defined in section 32 of this act.
Sec. 32. Taxes means general (ad valorem) property taxes.
Sec. 33. 1. Treasurer means:
(a) The de facto or de jure county treasurer, city treasurer, town treasurer or treasurer of any district, or his successor in functions, in any.
(b) The county treasurer in the case of any municipality (other than a county) which has no treasurer and for which the county treasurer is required or authorized by law to be the official custodian of the moneys of such municipality, or his successor in functions, if any.
2. Treasurer may mean the county treasurer if the governing body of the municipality (other than a county) expressly so provides in any instrument or other proceedings hereunder, or his successor in functions, if any.
Sec. 34. Trust bank means a commercial bank as defined in section 8 of this act which bank is authorized to exercise and is exercising trust powers and also means any branch of the Federal Reserve Bank.
Sec. 35. United States means the United States of America.
Sec. 36. In connection with any project, the municipality, acting by and through the governing body, except as herein otherwise provided, may:
1. Sue and be sued;
2. Acquire and hold real or personal property, or rights or interests therein, and water rights;
3. Dispose of unnecessary or obsolete property, or property obtained for persons or public bodies within the state, including without limitation water or water rights, or rights or interests in any such property;
κ1967 Statutes of Nevada, Page 427 (CHAPTER 197, SB 133)κ
4. Make contracts and execute all instruments necessary or convenient, as determined by the governing body;
5. Acquire by contract or contracts or by its own agents and employees or otherwise acquire any properties for any project or projects, and operate and maintain such properties; and
6. Accept grants of money or materials or property of any kind from the Federal Government, the state, any public body or any person, upon such terms and conditions as the Federal Government, the state, public body or person may impose.
Sec. 37. For the purpose of paying the cost of any project authorized by law (other than this act), at any time or from time to time the municipality may borrow money or otherwise become obligated for the project and may evidence any such obligation by the issuance of municipal securities in accordance with the provisions of this act, to the extent otherwise authorized by law.
Sec. 38. The municipality may issue, in one series or more, without the municipal securities being authorized at any election in the absence of an expressed provision to the contrary in the act authorizing the project and the issuance of municipal securities therefor or in any act supplemental thereto, in anticipation of taxes or pledged revenues, or both, and constituting either general obligations or special obligations of the municipality, any one or more or all of the following types of municipal securities:
1. Notes, evidencing any amount borrowed by the municipality;
2. Warrants, evidencing the amount due to any person for any services or supplies, equipment or other materials furnished to or for the benefit of the municipality and appertaining to a project;
3. Bonds, evidencing any amount borrowed by the municipality and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in like principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and
5. Interim debentures, evidencing any emergency loans, construction loans, and other temporary loans of not exceeding 3 years, in supplementation of long-term financing and the issuance of bonds, as provided in sections 88 to 93, inclusive, of this act.
Sec. 39. Notes and warrants may mature at such time or times not exceeding 1 year from the date or the respective dates of their issuance as the governing body may determine. They shall not be extended or funded except by the issuance of bonds or interim debentures in compliance with sections 88 to 92, inclusive, of this act and other provisions supplemental thereto.
Sec. 40. Each temporary bond shall set forth substantially the same conditions, terms and provisions as the definitive bond for which it is exchanged. Each holder of a temporary bond shall have all the rights and remedies which he would have as a holder of the definitive bond for which the temporary bond is to be exchanged.
Sec. 41. The ordinance authorizing the issuance of any municipal securities hereunder shall describe the purpose or purposes for which they are issued at least in general terms and may describe any purpose in detail.
κ1967 Statutes of Nevada, Page 428 (CHAPTER 197, SB 133)κ
securities hereunder shall describe the purpose or purposes for which they are issued at least in general terms and may describe any purpose in detail.
Sec. 42. The municipality may issue as general obligations any of the following types of municipal securities:
1. Notes;
2. Warrants;
3. Interim debentures;
4. Bonds; and
5. Temporary bonds.
payable from taxes, or payable from taxes and additionally securing such payment by a pledge of net revenues or gross revenues, as the governing body may determine, except as may be otherwise provided in any act supplemental hereto.
Sec. 43. The municipality may issue as special obligations any of the following types of municipal securities:
1. Notes;
2. Warrants;
3. Interim debentures;
4. Bonds; and
5. Temporary bonds,
in anticipation of net pledged revenues but not under any circumstances under their terms and the proceedings authorizing their issuance in anticipation of taxes nor, unless otherwise expressly provided in any act supplemental hereto, in anticipation of gross pledged revenues. Such special obligation municipal securities may be payable from, secured by a pledge of, and constitute a lien on net pledged revenues and if expressly so provided in any act supplemental hereto gross pledged revenues.
Sec. 44. Any ordinance authorizing the issuance of general obligation securities or special obligation securities payable from gross revenues or any indenture or other proceedings appertaining thereto may contain a covenant of the municipality that to the extent required, as provided therein, the municipality will pay operation and maintenance expenses by appropriation from its general fund and that to the extent the moneys accounted for therein are insufficient for that purpose the municipality shall levy taxes therefor.
Sec. 45. Any outstanding general obligation bonds, any temporary general obligation bonds to be exchanged for such definitive bonds, and any general obligation interim debentures constitute outstanding indebtedness of the municipality and exhaust the debt-incurring power of the municipality under any statutory debt limitation appertaining thereto.
Sec. 46. Any other municipal securities (except general obligation notes and general obligation warrants) constitute special obligations of the municipality, and all such other securities (including all notes and warrants, general obligations or special obligations, payable within 1 year from date) do not constitute outstanding indebtedness of the municipality nor exhaust its debt-incurring power under any such debt limitation.
Sec. 47. 1. Municipal securities issued hereunder and constituting special obligations shall recite in substance that the securities and the interest thereon are payable solely from the net revenues or gross revenues pledged to the payment thereof.
κ1967 Statutes of Nevada, Page 429 (CHAPTER 197, SB 133)κ
interest thereon are payable solely from the net revenues or gross revenues pledged to the payment thereof.
2. Municipal securities issued hereunder and constituting general obligations shall pledge the full faith and credit of the municipality for their payment, shall so state, and shall state that they are payable from taxes.
3. General obligation municipal securities the payment of which is additionally secured by a pledge of revenues shall recite in substance, in addition to the statements required by subsection 2 of this section, that the payment of the securities and the interest thereon is additionally secured by a pledge of the net revenues or the gross revenues, as the case may be, designated in the securities.
Sec. 48. 1. There shall be levied annually in due season a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, including the net proceeds of mines, fully sufficient, without regard to any statutory or charter tax limitations now or hereafter existing, to pay the interest on the general obligation municipal securities and to pay and retire the same as provided in this act and in any act supplemental hereto; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county within the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected.
2. The proceeds thereof levied to pay interest on such securities shall be kept by the treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of such securities shall be kept by the treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the securities and the principal thereof, respectively, as the same falls due; but, except as prevented by any contractual limitations from time to time imposed upon the municipality by proceedings appertaining to its outstanding securities, the municipality may provide for a consolidated debt service fund to pay principal of and interest on outstanding securities, as the same falls due.
Sec. 49. Such tax shall be levied immediately after the issuance of any general obligation securities issued in accordance with the provisions of this act, at the times and in the manner provided by law, and annually thereafter until all of the securities, and the interest thereon, have been fully discharged. Such tax may be first levied after the municipality has contracted to sell any securities but before their issuance.
Sec. 50. Any sums coming due on any general obligation municipal securities at any time when there are not on hand from such tax levy or levies sufficient funds to pay the same shall be promptly paid when due from the general fund of the municipality, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for have been collected.
Sec. 51. Nothing contained in this act shall be so construed as to prevent the municipality from applying any funds (other than taxes) that may be available for that purpose to the payment of the interest on or the principal of any general obligation municipal securities as the same respectively mature, and regardless of whether the payment of the general obligation municipal securities is additionally secured by a pledge of revenues, and upon such payments, the levy or levies of taxes provided in this act may thereupon to that extent be diminished.
κ1967 Statutes of Nevada, Page 430 (CHAPTER 197, SB 133)κ
the principal of any general obligation municipal securities as the same respectively mature, and regardless of whether the payment of the general obligation municipal securities is additionally secured by a pledge of revenues, and upon such payments, the levy or levies of taxes provided in this act may thereupon to that extent be diminished.
Sec. 52. 1. In any year in which the total taxes levied by all overlapping units within the boundaries of the State of Nevada may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, and it becomes necessary by reason thereof to reduce the levies made by any and all such units, the reduction so made shall be in taxes levied by such unit or units (including without limitation the municipality and the state) for purposes other than the payment of their bonded indebtedness, including interest thereon.
2. The taxes levied hereafter for the payment of such bonded indebtedness and the interest thereon shall always enjoy a priority over taxes levied by each such unit (including without limitation the municipality and the state) for all other purposes where reduction is necessary to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 53. There is by this act, and there shall be by ordinance authorizing the issuance of any indebtedness contracted in accordance with the provisions of this act, specially appropriated the proceeds of such taxes to the payment of such principal and interest; and such appropriations shall not be repealed nor the taxes postponed or diminished (except as herein otherwise expressly provided) until the principal of and interest on the municipal securities evidencing such debt have been wholly paid.
Sec. 54. The payment of municipal securities shall not be secured by an encumbrance, mortgage or other pledge of property of the municipality, except for its pledged revenues, proceeds of taxes and any other moneys pledged for the payment of the securities. No property of the municipality, subject to such exception, shall be liable to be forfeited or taken in payment of the securities.
Sec. 55. No recourse shall be had for the payment of the principal of, any interest on, and any prior redemption premiums due in connection with any bonds or other municipal securities or for any claim based thereon or otherwise upon the ordinance authorizing their issuance or other instrument appertaining thereto, against any individual member of the governing body or any officer or other agent of the municipality, past, present or future, either directly or indirectly through the governing body or the municipality, or otherwise, whether by virtue of any constitution, statute or rule of law, or by the endorsement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
Sec. 56. None of the covenants, agreements, representations and warranties contained in any ordinance authorizing the issuance of bonds or other municipal securities issued under the provisions of this act and constituting special obligations, or in any other instrument appertaining thereto, in the absence of any breach thereof, shall ever impose or shall be construed as imposing any liability, obligation or charge against the municipality (except the special funds pledged therefor) or against the general credit of the municipality, payable out of the general fund of the municipality, or out of any funds derived from taxation.
κ1967 Statutes of Nevada, Page 431 (CHAPTER 197, SB 133)κ
general credit of the municipality, payable out of the general fund of the municipality, or out of any funds derived from taxation.
Sec. 57. The faith of the state is hereby pledged that this act, any law supplemental or otherwise appertaining thereto, and any other act concerning the bonds or other municipal securities, taxes or the pledged revenues or any combination of such securities, such taxes and such revenues shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding municipal securities, until all such securities have been discharged in full or provision for their payment and redemption has been fully made, including without limitation the know minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
Sec. 58. 1. Before the governing body delivers any securities under this act, all such securities shall be registered by the treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The principal amount of the securities;
(b) The time of payment of each of the securities; and
(c) The rate of interest each of the securities bears.
3. After registration by the treasurer, the treasurer shall cause the securities to be delivered to the purchaser or purchasers thereof from the governing body, upon payment being made therefor on the terms of the sale or sales.
Sec. 59. Except as otherwise provided in this act and in any other act the provisions of which are relevant by express reference herein thereto or by provisions to that effect therein, any securities issued hereunder shall be:
1. In such form;
2. Issued in such manner, at, above or below par at a discount not exceeding 6 percent of the principal amount of the securities, and at a price which will result in a net interest rate to the municipality of not more than 6 percent per annum computed to maturity according to standard tables of bond values, including as a part of such rate the amount of any discount permitted by the governing body on the sale of the securities;
3. Issued with such provisions:
(a) For the application of any accrued interest and any premium from the sale of any bonds or other municipal securities hereunder as provided in section 76 hereof;
(b) For the registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
(c) For the endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
(d) For the endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
κ1967 Statutes of Nevada, Page 432 (CHAPTER 197, SB 133)κ
other securities, where any bond or other securities are registered for payment as to principal;
(e) For the initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
(f) For the manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of smaller denominations, which bonds or other securities of smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
(g) For the reissuance of any outstanding bonds or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code-Investment Securities, or otherwise;
(h) For the deposit of moneys, federal securities or other securities of the Federal Government, or both moneys and all such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state; and
(i) For the payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities; and
4. Issued otherwise with such recitals, terms, covenants, conditions and other provisions,
as may be provided by the governing body in an ordinance authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 60. 1. Notes may be issued at public or private sale.
2. Warrants may be issued to evidence the amount due to any person furnishing services or materials as provided in this act.
3. Bonds shall be issued at public sale unless the act authorizing the project for which the bonds are to be issued expressly authorizes their private sale.
4. Temporary bonds shall be issued to a purchaser of the definitive bonds in anticipation of the exchange of the former for the latter.
5. Interim debentures may be issued at public or private sale.
Sec. 61. Before selling any municipal securities publicly, the governing body shall:
1. Cause a notice calling for bids for the purchase of the securities to be published once a week for 4 consecutive weeks by 4 weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of sale, in a newspaper published within the boundaries of the municipality, or if there is no such newspaper, in a newspaper having general circulation therein.
2. Cause such other notice to be given as the governing body may direct.
3. Cause, at least 3 weeks prior to the date fixed for the sale, a copy of the notice to be mailed to the state board of finance, Carson City, Nevada.
κ1967 Statutes of Nevada, Page 433 (CHAPTER 197, SB 133)κ
Sec. 62. The notice shall:
1. Specify a place and designate a day and the hour thereof subsequent to the date of the last publication when sealed bids for the purchase of the securities shall be received and opened publicly.
2. Specify the maximum rate of interest which the securities shall bear.
3. Require each bidder to submit a bid specifying the lowest rate or rates of interest and premium, if any, at which the bidder will purchase the securities, at or above par, or, if so permitted by the governing body, below par at a discount not exceeding the maximum discount fixed by the governing body.
Sec. 63. All bids shall:
1. Be in writing and be sealed; and
2. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of an amount of at least 2 percent of the principal amount of the securities, either in cash, or by cashiers check or treasurers check of, or by certified check drawn on, a solvent commercial bank or trust company in the United States of America, which deposit shall be returned if the bid is not accepted.
Sec. 64. 1. Subject to the right of the governing body to reject any and all bids and to readvertise the securities for sale, the securities shall be sold to the responsible bidder making the best bid. If the securities are of a type which may be originally sold at private sale, they may be reoffered at private sale even though the governing body previously offered the securities at public sale and rejected all bids therefor.
2. If there are two or more equal bids for the securities and such equal bids are the best bids received and not less than the principal amount of the securities and accrued interest, except for any permitted discount, the governing body shall determine which bid shall be accepted.
Sec. 65. 1. If a bid is accepted, the deposits of all other bidders shall be thereupon returned. If all bids are rejected, all deposits shall be returned forthwith.
2. If the successful bidder fails or neglects to complete the purchase of the securities within 30 days following the acceptance of his bid, or within 10 days after the bonds are made ready and are tendered by the municipality for delivery, whichever is later, the amount of his deposit shall be forfeited to the municipality (but no bidder shall forfeit such deposit whenever the securities are not ready and so tendered for delivery within 60 days from the date of the acceptance of his bid), and the governing body may accept the bid of the person making the next best bid.
3. If all bids are rejected, the governing body may readvertise the securities for sale in the same manner as provided for the original advertisement or may sell the securities privately.
Sec. 66. An ordinance providing for the issuance of bonds or other municipal securities hereunder or an indenture or other proceedings appertaining thereto may provide that the securities contain a recital that they are issued pursuant to the Local Government Securities Law, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 67. 1. As the governing body may determine, and bonds and other municipal securities issued hereunder, except as otherwise provided in this act, or in any act supplemental thereto, shall:
κ1967 Statutes of Nevada, Page 434 (CHAPTER 197, SB 133)κ
other municipal securities issued hereunder, except as otherwise provided in this act, or in any act supplemental thereto, shall:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code-Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;
(d) Bear interest at a rate or rates of not more than 6 percent per annum, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any period not exceeding 1 year;
(e) Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the governing body; and
(f) Be printed at such place, within or without this state, as the governing body may determine.
2. General obligation bonds shall mature serially within not exceeding 30 years from their respective dates and commencing not later than the third year thereafter, in such manner as the governing body may determine.
3. Special obligation bonds shall mature within not exceeding 50 years from their respective dates.
Sec. 68. The principal of, the interest on and any prior redemption premium due in connection with any municipal securities shall be paid as the same become due in accordance with the terms of the securities and any ordinances and other proceedings appertaining to their issuance, without any warrant or further order or other preliminaries.
Sec. 69. Any bonds issued hereunder (except temporary bonds) shall have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.
Sec. 70. Bonds and other municipal securities issued hereunder shall be executed in the name of the municipality, shall be signed by the chairman of the municipality and by the treasurer, and shall be attested by the clerk; and the bonds or other securities shall be authenticated by the seal of the municipality affixed thereto, unless it has no seal. Any coupons shall be signed by the treasurer. Facsimile signatures may be used on any coupons.
Sec. 71. Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed with facsimile signatures and seals as provided in the Uniform Facsimile Signatures of Public Officials Act, cited as chapter 351 of NRS, as from time to time amended. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
Sec. 72. The bonds, any coupons appertaining thereto and other securities, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
κ1967 Statutes of Nevada, Page 435 (CHAPTER 197, SB 133)κ
municipality, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
Sec. 73. Any officer authorized or permitted to sign any bonds, any coupons or any other securities, at the time of their execution and of a signature certificate appertaining thereto, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bonds, coupons and other securities appertaining thereto, or any combination thereof.
Sec. 74. The governing body may provide for the redemption of any or all of the bonds or other municipal securities prior to maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 6 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the governing body in the ordinance authorizing the issuance of the securities or other instrument appertaining thereto.
Sec. 75. Any bonds or other municipal securities may be repurchased by the governing body out of any funds available for such purpose at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, which might on the next prior redemption date of such securities be paid to the holders thereof if such securities should be called for redemption on such date pursuant to their terms, and all securities so repurchased shall be canceled; but if the securities may not be called for prior redemption at the municipalitys option within 1 year from the date of their purchase, they may be repurchased without limitation as to price.
Sec. 76. All moneys received from the issuance of any securities herein authorized shall be used solely for the purpose or purposes for which issued and to defray wholly or in part the cost of the project thereby delineated. Any accrued interest and any premium shall be applied to the cost of the project or to the payment of the interest on or the principal of the securities, or both interest and principal, or shall be deposited in a reserve therefor, or any combination thereof, as the governing body may determine.
Sec. 77. Any unexpended balance of the proceeds of such securities remaining after the completion of the acquisition or improvement of properties pertaining to the project or otherwise the completion of the purpose or purposes for which such securities were issued shall be credited immediately to the fund or account created for the payment of the interest on or the principal of the securities, or both principal and interest, and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the securities and the proceedings authorizing or otherwise appertaining to their issuance, or so paid into a reserve therefor, or any combination thereof, as the governing body may determine.
Sec. 78. 1. The validity of any securities shall not be dependent on nor affected by the validity or regularity of any proceedings relating to a project or the proper completion of any purpose for which the securities are issued.
2. The purchaser or purchasers of the securities shall in no manner be responsible for the application of the proceeds of the securities by the municipality or any of its officers, agents and employees.
κ1967 Statutes of Nevada, Page 436 (CHAPTER 197, SB 133)κ
be responsible for the application of the proceeds of the securities by the municipality or any of its officers, agents and employees.
Sec. 79. The governing body in any ordinance authorizing the issuance of bonds or other securities hereunder or in any instrument or other proceedings appertaining thereto may create special funds and accounts for the payment of the cost of a project, of operation and maintenance expenses, of the securities, including the accumulation and maintenance of reserves therefor, of improvements, including the accumulation and maintenance of reserves therefor, and of other obligations appertaining to the securities, any project or any facilities.
Sec. 80. 1. The governing body on the behalf of the municipality may employ legal, fiscal, engineering and other expert services in connection with any project or any facilities, or both such project and facilities, and the authorization, sale and issuance of bonds and other securities hereunder.
2. The governing body on the behalf of the municipality is authorized to enter into any contracts or arrangements, not inconsistent with the provisions hereof, with respect to the sale of bonds or other securities hereunder, the employment of engineers, architects, financial consultants and bond counsel, and other matters as the governing body may determine to be necessary or desirable in accomplishing the purposes hereof.
Sec. 81. 1. The governing body, subject to any contractual limitations from time to time imposed upon the municipality by any ordinance authorizing the issuance of the municipalitys outstanding securities or by any trust indenture or other proceedings appertaining thereto, may cause to be invested and reinvested any proceeds of taxes, any pledged revenues and any proceeds of bonds or other municipal securities issued hereunder in federal securities and other securities of the Federal Government and may cause such proceeds of taxes, revenues, municipal securities, federal securities and other securities of the Federal Government to be deposited in any trust bank or trust banks within or without or both within and without this state and secured in such manner and subject to such terms and conditions as the governing body may determine, with or without the payment of any interest on such deposit, including without limitation time deposits evidenced by certificates of deposit.
2. Any federal securities, other securities of the Federal Government, and any such certificates of deposit thus held may, from time to time, be sold and the proceeds may be so reinvested or redeposited as provided in this section.
3. Sales and redemptions of any federal securities, other securities of the Federal Government, and such certificates of deposit thus held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which such securities and certificates of deposit were originally acquired was placed in the municipal treasury.
4. Any gain from any such investments or reinvestments may be credited to any fund or account pledged for the payment of any municipal securities issued hereunder, including any reserve therefor, or any other fund or account appertaining to a project or any facilities or the municipalitys general fund, subject to any contractual limitations in any proceedings appertaining to outstanding municipal securities.
κ1967 Statutes of Nevada, Page 437 (CHAPTER 197, SB 133)κ
fund or account appertaining to a project or any facilities or the municipalitys general fund, subject to any contractual limitations in any proceedings appertaining to outstanding municipal securities.
5. It is lawful for any commercial bank incorporated under the laws of this state which may act as depository of the proceeds of any securities issued hereunder, any federal securities and other securities of the Federal Government and owned by the municipality, any proceeds of taxes, and pledged revenues, and any moneys otherwise appertaining to a project or any facilities, or any combination thereof, to furnish such indemnifying bonds and to pledge such federal securities, such other securities issued by the Federal Government, and such other securities as by be required by the governing body.
Sec. 82. Any ordinance providing for the issuance of any bonds or other municipal securities hereunder payable from pledged revenues and any indenture or other instrument or proceedings appertaining thereto may at the discretion of the governing body contain covenants or other provisions, notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby, in order to secure the payment of such securities, in agreement with the holders of such securities, including without limitation covenants or other provisions as to any one or more of the following:
1. The pledged revenues and, in the case of general obligations, the taxes to be fixed, charged or levied and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or use of any properties or facilities, prohibition against free service, the collection of penalties and collection costs, and the use and disposition of any moneys of the municipality, derived or to be derived, from any source herein designated;
2. The acquisition, improvement or equipment of all or any part of properties pertaining to any project or any facilities;
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any facilities, or part thereof, and the source, custody, security, regulation, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto;
4. A fair and reasonable payment by the municipality from its general fund or other available moneys to the account of any designated facilities for services rendered thereby to the municipality;
5. The payment of the cost of any project by delineating the purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof;
6. The temporary investment and any reinvestment of proceeds of bonds, other securities, any taxes or pledged revenues, or any combination thereof, in federal securities and other securities issued by the Federal Government;
7. The pledge of and the creation of a lien upon pledged revenues or the proceeds of bonds or other municipal securities pending their application to defray the cost of any project, or both such revenues and proceeds of such securities, to secure the payment of bonds or other such securities issued hereunder;
κ1967 Statutes of Nevada, Page 438 (CHAPTER 197, SB 133)κ
the proceeds of bonds or other municipal securities pending their application to defray the cost of any project, or both such revenues and proceeds of such securities, to secure the payment of bonds or other such securities issued hereunder;
8. The payment of the principal of and interest on any municipal securities, and any prior redemption premiums due in connection therewith, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any pledged revenues or other moneys pledged for the payment of securities and the creation of future liens and encumbrances thereagainst;
9. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of the facilities or any property of the municipality appertaining thereto;
10. The determination or definition of pledged revenues from any facilities or of operation and maintenance expenses of facilities, the use and disposition of such revenues and the manner of and limitations upon paying such expenses;
11. The creation of special funds and accounts appertaining to any pledged revenues or to the bonds or other securities issued hereunder;
12. The insurance to be carried by the municipality or any other person in interest and use and disposition of insurance moneys, the acquisition of completion, performance, surety and fidelity bonds appertaining to any project or funds, or both, and the use and disposition of any proceeds of such bonds;
13. Books of account, the inspection and audit thereof, and other records appertaining to any project, facilities or pledged revenues;
14. The assumption or payment or discharge of any obligation, lien or other claim relating to any part of any project, any facilities or any securities having or which may have a lien on any part of any pledged revenues or other moneys of the municipality;
15. Limitations on the powers of the municipality to acquire or operate, or permit the acquisition or operation of, any structures, facilities or properties which may compete or tend to compete with any facilities;
16. The vesting in a corporate or other trustee or trustees of such property, rights, powers and duties in trust as the governing body may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee;
17. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the municipality of any covenants, conditions or obligations;
18. The terms and conditions upon which the holders of the municipal securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby;
19. The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof; or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of any facilities or service, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the municipality itself might do;
κ1967 Statutes of Nevada, Page 439 (CHAPTER 197, SB 133)κ
therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of any facilities or service, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the municipality itself might do;
20. A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of municipal securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the proportion, percentage or amount of securities the holders of which must consent thereto, and the manner in which such consent may be given;
21. The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; and
22. All such acts and things as may be necessary or convenient or desirable in order to secure the securities, or in the discretion of the governing body tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the governing body power to do in the name and on behalf of the municipality all things in the issuance of municipal securities and for their security except as herein expressly limited.
Sec. 83. 1. Revenues pledged for the payment of any securities, as received by or otherwise credited to the municipality, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing or further act.
2. The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the municipality, except as may be otherwise provided herein or in the resolution or other instrument, and subject to any prior pledges and liens theretofore created.
3. The lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the municipality irrespective of whether such persons have notice thereof.
Sec. 84. Subject to any contractual limitations binding upon the holders of any issue or series of municipal securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:
1. By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the municipality, the governing body, and any other of the officers, agents and employees of the municipality, to require and compel the municipality, the governing body, or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments hereunder and their respective covenants and agreements with the holder of any security;
κ1967 Statutes of Nevada, Page 440 (CHAPTER 197, SB 133)κ
2. By action or suit in equity to require the municipality to account as if it is the trustee of an express trust;
3. By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the municipality itself might do in accordance with the obligations of the municipality; and
4. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any securities and to bring suit thereupon.
Sec. 85. 1. If an ordinance of the governing body authorizing or providing for the issuance of any municipal securities of any series or any other proceedings appertaining thereto contains a provision authorized by subsection 19 of section 82 hereof and further provides in substance that any trustee appointed pursuant to subsection 16 of section 82 of this act shall have the powers provided by that subsection, then such trustee, whether or not all of the bonds or other securities of such series have been declared due and payable, shall be entitled as of right to the appointment of a receiver of the facilities appertaining thereto.
2. Any receiver appointed as permitted by subsection 19 of section 82 hereof may enter upon and take possession of the facilities and property appertaining thereto, and, subject to any pledge or contract with the holders of such securities, shall take possession of all moneys and other property derived from or applicable to the acquisition, operation, maintenance or improvement of the facilities and proceed with such acquisition, operation, maintenance or improvement which the governing body on the behalf of the municipality is under any obligation to do, and operate, maintain, equip and improve the facilities, and fix, charge, collect, enforce and receive the service charges and all revenues thereafter arising subject to any pledge thereof or contract with the holders of such securities relating thereto and perform the public duties and carry out the contracts and obligations of the municipality in the same manner as the governing body itself might do and under the direction of the court.
Sec. 86. No right or remedy conferred upon any holder of any securities or any coupon appertaining thereto or any trustee for such holder hereby or by any proceedings appertaining to the issuance of such securities or coupon is exclusive of any right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred hereby or by any other law.
Sec. 87. The failure of any holder of any municipal securities or any coupons appertaining thereto so to proceed as herein provided or in such proceedings shall not relieve the municipality, the governing body or any of the officers, agents and employees of the municipality of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 88. 1. Notwithstanding any limitation or other provision herein, whenever the municipality is authorized to issue general obligation bonds, but only if the qualified electors of the municipality voting on a proposal to issue the general obligation bonds have authorized in the manner required by law their issuance by the municipality for any project, if such general obligation bonds as a condition to their issuance are so required to be authorized at an election, the municipality is authorized to borrow money without any other election in anticipation of the proceeds of taxes, the proceeds of the bonds, the proceeds of pledged revenues, or any other moneys of the municipality, or any combination thereof, and to issue general obligation interim debentures to evidence the amount so borrowed.
κ1967 Statutes of Nevada, Page 441 (CHAPTER 197, SB 133)κ
whenever the municipality is authorized to issue general obligation bonds, but only if the qualified electors of the municipality voting on a proposal to issue the general obligation bonds have authorized in the manner required by law their issuance by the municipality for any project, if such general obligation bonds as a condition to their issuance are so required to be authorized at an election, the municipality is authorized to borrow money without any other election in anticipation of the proceeds of taxes, the proceeds of the bonds, the proceeds of pledged revenues, or any other moneys of the municipality, or any combination thereof, and to issue general obligation interim debentures to evidence the amount so borrowed.
2. Notwithstanding any limitation or other provision herein, whenever the municipality is authorized to issue special obligation revenue bonds, but only if the qualified electors of the municipality voting on a proposal to issue the revenue bonds have authorized in the manner required by law their issuance by the municipality for any project, if such revenue bonds as a condition to their issuance are so required to be authorized at an election, the municipality also is authorized to borrow money without any election in anticipation of the proceeds of revenue bonds or any other special obligations of the municipality and of its pledged revenues, or any combination thereof, but excluding the proceeds of any taxes, and to issue special obligation interim debentures to evidence the amount so borrowed.
Sec. 89. Nothing contained herein shall be construed as authorizing the municipality to issue any municipal securities constituting a debt for the purpose of funding or refunding municipal securities constituting special obligations which do not constitute an indebtedness.
Sec. 90. 1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 3 years from the date of the interim debentures, as the governing body may determine.
2. The proceeds of interim debentures shall be used to defray the cost of a project.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as bonds. Except as otherwise provided in sections 88 to 93, inclusive, of this act, interim debentures shall be issued as provided herein for municipal securities in sections 44 to 87, inclusive, of this act.
Sec. 91. 1. Except as otherwise provided in section 89 of this act, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.
2. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of section 67 of this act.
κ1967 Statutes of Nevada, Page 442 (CHAPTER 197, SB 133)κ
interim debentures shall mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of section 67 of this act.
3. Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds 6 percent per annum.
Sec. 92. No interim debentures issued pursuant to the provisions of sections 88 to 91, inclusive, of this act shall be extended or funded except by the issuance or reissuance of a bond or bonds in compliance with section 93 of this act.
Sec. 93. 1. For the purpose of funding any interim debentures, any bonds pledged as collateral security to secure the payment of such interim debentures, upon their surrender as pledged property, may be reissued without an election, and any bonds not previously issued but authorized to be issued, at an election in the case of bonds required by law so to be authorized, and otherwise merely by the governing body, for a purpose or purposes the same as or encompassing the purpose or purposes for which the interim debentures were issued, may be issued for such a funding.
2. Any such bonds shall mature at such time or times as the governing body may determine, except as otherwise provided in subsections 2 and 3 of section 67 of this act.
3. Bonds for funding (including but not necessarily limited to any such reissued bonds) and bonds for any other purpose or purposes may be issued separately or issued in combination in one series or more.
4. Except as herein otherwise provided in this section and in sections 90 to 92, inclusive, of this act, any such funding bonds shall be issued as is provided herein for other bonds.
Sec. 94. Any bonds of the municipality issued in accordance with the provisions of this act or any other act and payable from any pledged revenues may be refunded on behalf of the municipality by the governing body by the adoption of an ordinance or ordinances by the governing body and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of refunding bonds:
1. To refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds, unless the capitalization of interest on bonds constituting an indebtedness increases the municipal debt in excess of the municipalitys debt limitation, if any; or
2. For the purpose of reducing interest costs or effecting other economies; or
3. For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or to any facilities appertaining thereto; or
4. For any combination thereof.
Sec. 95. Nothing contained in this act or in any other law of this municipality shall be construed to permit the governing body to call on behalf of the municipality bonds outstanding now or any time after the adoption of this act for prior redemption in order to refund such bonds or in order to pay them prior to their stated maturities, unless the right to call such bonds for prior redemption was specifically reserved and stated in such bonds at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding bonds are strictly observed.
κ1967 Statutes of Nevada, Page 443 (CHAPTER 197, SB 133)κ
municipality shall be construed to permit the governing body to call on behalf of the municipality bonds outstanding now or any time after the adoption of this act for prior redemption in order to refund such bonds or in order to pay them prior to their stated maturities, unless the right to call such bonds for prior redemption was specifically reserved and stated in such bonds at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding bonds are strictly observed. It is the intention of the legislature in this section to make it certain that the holder of no outstanding bond may be compelled to surrender such bond for refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such refunding might result in financial benefit to the municipality.
Sec. 96. Notwithstanding the provisions of section 95 of this act or of any other law, this state, acting by and through the state board of finance, may agree with the governing body to exchange any outstanding bonds issued by the municipality and held by the state, or any agency, corporation, department or other instrumentality of the state, for refunding bonds of the municipality or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds to the governing body for refunding at any time prior to their respective maturities or to any date as of which the municipality has the right and option to call on its behalf such outstanding bonds for prior redemption as expressly provided in the outstanding bonds and any ordinance, trust indenture or other proceedings authorizing their issuance.
Sec. 97. Any provision herein concerning the refunding of outstanding bonds includes any outstanding securities evidencing long-term loans to the municipality regardless of whether such securities are designated as bonds, certificates, single certificates or otherwise.
Sec. 98. 1. Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds being refunded or may be publicly or privately sold.
2. The refunding bonds, or any part thereof, except as limited by subsection 2 of section 101 hereof, may be exchanged by the municipality for federal securities and other securities of the Federal Government which have been made available for escrow investment by any purchaser of refunding bonds, upon terms of exchange mutually agreed upon, and any such securities so received by the municipality shall be placed in escrow as provided in sections 100 and 101 hereof.
Sec. 99. 1. No bonds may be refunded hereunder unless they have been outstanding for a least 1 year from the date of their delivery and unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 15 years from the date of issuance of the refunding bonds. Provision shall be made for paying the securities within such period of time.
2. No maturity of any bond refunded may be extended over 15 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate exceeding 6 percent per annum.
κ1967 Statutes of Nevada, Page 444 (CHAPTER 197, SB 133)κ
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt shall the principal of the bonds be increased to any amount in excess of any municipal debt limitation.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 100. 1. Except as herein otherwise provided, the proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or trust in any trust bank or trust banks within or without or both within and without this state to be applied to the payment of the refunded bonds or the refunding bonds, or both the refunded bonds and the refunding bonds, upon their presentation therefor to the extent, in such priority and otherwise in the manner which the governing body may determine.
2. The incidental costs of refunding bonds may be paid by the purchaser of the refunding bonds or be defrayed from any general fund (subject to appropriations therefor as otherwise provided by law) or other available revenues of the municipality under the control of the governing body or from the proceeds of the refunding bonds, or from the interest or other yield derived from the investment of any refunding bond proceeds or other moneys in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the governing body may determine.
3. Any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or to both interest and principal, or may be deposited in a reserve therefor, or may be used to refund bonds by deposit in escrow, trust or otherwise, or may be used to defray any incidental costs appertaining to the refunding, or any combination thereof, as the governing body may determine.
Sec. 101. 1. Any such escrow or trust shall not necessarily be limited to proceeds or refunding bonds but may include other moneys available for its purpose.
2. Any proceeds in escrow or trust, pending such use, may be invested or reinvested in federal securities, and in the case of an escrow or trust for the refunding of outstanding municipal special obligation (but not general obligation) securities, in other securities issued by the Federal Government, if the ordinance authorizing the issuance of such outstanding municipal securities or any trust indenture or other proceedings appertaining thereto expressly permits any such investment or reinvestment in such securities issued by the Federal Government other than federal securities.
3. Any trust bank accounting for federal securities and other securities issued by the Federal Government in such escrow or trust may place them for safekeeping wholly or in part in any trust bank or trust banks within or without or both within and without this state.
κ1967 Statutes of Nevada, Page 445 (CHAPTER 197, SB 133)κ
them for safekeeping wholly or in part in any trust bank or trust banks within or without or both within and without this state.
4. Any trust bank shall continuously secure any moneys placed in escrow or trust and not so invested or reinvested in federal securities and other securities issued by the Federal Government by a pledge in any trust bank or trust banks within or without or both within and without the state of federal securities in an amount at all times at least equal to the total uninvested amount of such moneys accounted for in such escrow or trust.
5. Such proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, shall be in an amount at all times at least sufficient to pay principal, interest, any prior redemption premiums due, and any charges of the escrow agent or trustee and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as such obligations become due at their respective maturities or due at designated prior redemption date or dates in connection with which the governing body has exercised or is obligated to exercise a prior redemption option on behalf of the municipality.
6. The computations made in determining such sufficiency shall be verified by a certified public accountant licensed to practice in this state or in any other state.
7. Any purchaser of any refunding bond issued hereunder shall in no manner be responsible for the application of the proceeds thereof by the municipality, the governing body or any of the officers, agents or employees of the municipality.
Sec. 102. Refunding bonds may be made payable from any taxes or pledged revenues, or both taxes and such revenues, which might be legally pledged for the payment of the bonds being refunded at the time of the refunding or at the time of the issuance of the bonds being refunded, as the governing body may determine, notwithstanding the taxes, or the revenue sources, or the pledge of such revenues, or any combination thereof, for the payment of the outstanding bonds being refunded is thereby modified, subject to the provisions of section 89 of this act.
Sec. 103. Bonds for refunding and bonds for any other purpose or purposes authorized hereby or by any other law may be issued separately or issued in combination in one series or more by the municipality in accordance with the provisions of this act.
Sec. 104. 1. Bonds of any school district or other municipality abolished by NRS 386.020 or any other law may be refunded under the provisions hereof. Whether or not the bonds of the abolished municipality have been assumed by any successor municipality prior to the issuance of the refunding bonds, the refunding bonds shall be authorized by the governing body of each successor municipality in which is situated all or any part of the area of the abolished municipality.
2. If the obligation of the abolished municipality evidenced by its outstanding bonds has not been assumed wholly or in part by a successor municipality prior to the authorization of the issuance of the refunding bonds, the refunding bonds shall be issued in the name of the abolished municipality and shall evidence the same character of obligations as evidenced by the refunded bonds.
κ1967 Statutes of Nevada, Page 446 (CHAPTER 197, SB 133)κ
municipality and shall evidence the same character of obligations as evidenced by the refunded bonds.
3. To the extent any obligation evidenced by the refunded bonds has been so assumed by a successor municipality, the refunding bonds shall be authorized to be issued in the name of the successor municipality which shall reevidence such assumed obligation and shall evidence the same character of obligation as evidenced by such obligation as assumed by the successor municipality, subject to the limitations and other provisions in sections 89 and 102 hereof.
Sec. 105. Except as in sections 94 to 104, inclusive, of this act expressly provided or necessarily implied, the relevant provisions elsewhere herein appertaining generally to the issuance of bonds to defray the cost of any project shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the bonds, or other instrument or proceedings appertaining thereto, and other aspects of the bonds.
Sec. 106. The determination of the governing body that the limitations in this act imposed upon the issuance of refunding bonds or upon the issuance of other securities hereunder have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing ordinance or the securities thereby authorized contain a recital as authorized by section 66 hereof.
Sec. 107. Bonds and other securities issued under the provisions of this act, their transfer and the income therefrom shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 108. It is legal for the state board of finance to invest any permanent state funds or other state funds available for investment in any of the bonds or other securities authorized to be issued pursuant to the provisions hereof if the securities constitute general obligations payable from taxes.
Sec. 109. 1. It is legal for any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds or other securities issued in accordance with the provisions of this act.
2. Nothing contained in this section with regard to legal investments shall be construed as relieving any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.
Sec. 110. 1. In its discretion the governing body may file a petition at any time in the district court in and for any county in which the project or the municipality is located wholly or in part, praying a judicial examination and determination of any power conferred or of any fees, tolls, rates, rents or other charges levied or otherwise made, any excise taxes fixed, or other pledged revenues collected and pledged wholly or in part for the payment of securities hereunder, any general (ad valorem) property taxes, or of any act, proceeding, or contract of the municipality, whether or not such act, proceeding or contract has been taken or executed, including without limitation proposed contracts for the issuance of any securities, proposed contracts for any project, and the proposed acquisition, improvement, equipment, maintenance, operation or disposal of any property appertaining thereto.
κ1967 Statutes of Nevada, Page 447 (CHAPTER 197, SB 133)κ
fixed, or other pledged revenues collected and pledged wholly or in part for the payment of securities hereunder, any general (ad valorem) property taxes, or of any act, proceeding, or contract of the municipality, whether or not such act, proceeding or contract has been taken or executed, including without limitation proposed contracts for the issuance of any securities, proposed contracts for any project, and the proposed acquisition, improvement, equipment, maintenance, operation or disposal of any property appertaining thereto.
2. The petition shall:
(a) Set forth the facts whereon the validity of such power, charges, excises, pledged revenues, taxes, act, proceeding or contract is founded; and
(b) Be verified by the chairman of the municipality.
3. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this section.
4. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any proceeding or contract therein mentioned may be examined. The notice shall be served:
(a) By publication at least once a week for 5 consecutive weeks by five weekly insertions, in at least a newspaper of general circulation in the municipality; and
(b) By posting the same in the office of the municipality at least 30 days prior to the date fixed in the notice for the hearing on the petition.
Jurisdiction shall be complete after such publication and posting.
5. Any owner of property in the municipality or any other person interested in the proceeding or contract or proposed proceeding or proposed contract or in the premises may appear and move to dismiss or answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail so to appear.
6. The petition and notice shall be sufficient to give the court jurisdiction, and upon hearing the court shall:
(a) Examine into and determine all matters and things affecting the question submitted.
(b) Make such findings with reference thereto and render such judgment and decree thereon as the case warrants.
Costs may be divided or apportioned among any contesting parties in the discretion of the trial court.
7. Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within 30 days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within 30 days.
8. Nevada Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified in this section.
9. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.
10. All cases in which there may arise a question of the validity of any matter under this section shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.
κ1967 Statutes of Nevada, Page 448 (CHAPTER 197, SB 133)κ
any matter under this section shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.
Sec. 111. 1. This act, without reference to other statutes of this state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of the incidental powers herein granted concerning the borrowing of money and any other incurrence of obligations to defray wholly or in part the cost of any project appertaining to the municipality and otherwise authorized by law, or to refinance outstanding loans, or both, and the issuance of bonds or other securities to evidence such loans or other obligations or to fund or refund outstanding securities, or any combination thereof, as the governing body may determine.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that requires an election or another approval or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as otherwise provided in this act or in any act supplemental hereto.
3. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
4. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the municipality, acting by and through the governing body, or any officer, agent or employee of the municipality, or otherwise, by any other law.
5. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 112. This act being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
Sec. 113. This act shall become effective upon passage and approval.
________
Assembly Bill No. 314Messrs. Schouweiler and Torvinen
CHAPTER 198
AN ACT to amend NRS 690.140, relating to limitations on group term insurance, by increasing maximum amount of insurance.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 690.140 is hereby amended to read as follows:
690.140 No policy of group life insurance may be issued to an employer, or to a labor union, or to an association, or to the trustees of a fund established in whole or in part by an employer or a labor union or an association, which provides term insurance on any person which, together with any other term insurance under any group life insurance policy or policies issued to the employer or employers of such person or to a labor union or labor unions of which such person is a member or to an association or associations of which such person is a member or to the trustees of a fund or funds established in whole or in part by such employer or employers or such labor union or labor unions or such association or associations, exceeds [$20,000,] $50,000, unless 150 percent of the annual compensation of such person from his employer or employers or from his business or profession exceeds [$20,000,] $50,000, in which event all such term insurance shall not exceed [$40,000] $100,000 or 150 percent of such annual compensation, whichever is the lesser.
κ1967 Statutes of Nevada, Page 449 (CHAPTER 198, AB 314)κ
a fund established in whole or in part by an employer or a labor union or an association, which provides term insurance on any person which, together with any other term insurance under any group life insurance policy or policies issued to the employer or employers of such person or to a labor union or labor unions of which such person is a member or to an association or associations of which such person is a member or to the trustees of a fund or funds established in whole or in part by such employer or employers or such labor union or labor unions or such association or associations, exceeds [$20,000,] $50,000, unless 150 percent of the annual compensation of such person from his employer or employers or from his business or profession exceeds [$20,000,] $50,000, in which event all such term insurance shall not exceed [$40,000] $100,000 or 150 percent of such annual compensation, whichever is the lesser.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 326Committee on Federal, State and Local Governments
CHAPTER 199
AN ACT to amend chapter 268 of NRS, relating to powers and duties of cities and towns, by adding a new section to make public property situated within proposed municipal special assessment districts subject to special assessments.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 or NRS is hereby amended by adding thereto a new section which shall read as follows:
Property owned by the State of Nevada or any of its subdivisions which is situated within any proposed special assessment district of any municipality is subject to assessment in the same manner and with the same rights, including the right of protest, as private property within the proposed district.
________
Assembly Bill No. 328Clark County Delegation
CHAPTER 200
AN ACT to amend NRS 391.120, relating to teachers in public schools, by allowing the insertion of additional conditions in teachers contracts; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.120 is hereby amended to read as follows:
391.120 1. Boards of trustees of the school districts in this state shall have the power to employ legally qualified teachers, to determine the salary to be paid each teacher, and the length of the term of school for which teachers shall be employed.
κ1967 Statutes of Nevada, Page 450 (CHAPTER 200, AB 328)κ
the salary to be paid each teacher, and the length of the term of school for which teachers shall be employed. These conditions and any other conditions agreed upon by the parties shall be embodied in a written contract [to be signed by the president and the clerk of the board of trustees and the teacher, or by a majority of the trustees and the teacher.] , or notice of reemployment, to be approved by the board of trustees and accepted and signed by the teacher. A copy of the contract [,] or notice of reemployment, properly written, shall be delivered to each teacher not later than the opening of the term of school.
2. A board of trustees shall not have the right to employ teachers for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.
3. It shall be unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which such teacher is engaged to teach.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 469Committee on Education
CHAPTER 201
AN ACT to amend NRS 391.100, relating to the employment of public school personnel, by permitting the boards of trustees to employ nonprofessional personnel to assist teachers in the instruction and supervision of children.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. Such noncertificated personnel shall be given direct supervision by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Notwithstanding the provisions of NRS 252.110, the board of trustees of a school district may employ independent legal counsel when such employment is deemed necessary by the board.
________
κ1967 Statutes of Nevada, Page 451κ
Senate Bill No. 77Committee on Finance
CHAPTER 202
AN ACT providing an additional and supplemental appropriation from the general fund in the state treasury for the support of the supreme court of Nevada for the fiscal year ending June 30, 1967.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $3,904, for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 6 of chapter 489, Statutes of Nevada 1965.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 80Committee on Finance
CHAPTER 203
AN ACT creating the 1967 state general obligation bond commission fund; making an appropriation therefor; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby created in the state treasury the 1967 state general obligation bond commission fund.
2. There is hereby appropriated from the general fund in the state treasury to the 1967 state general obligation bond commission fund the sum of $20,000.
Sec. 2. Within the limitations of the appropriation made by section 1 of this act, the 1967 state general obligation bond commission, created by law, is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the general obligation negotiable coupon bonds of the State of Nevada authorized to be issued and sold by acts of the 54th session of the legislature of the State of Nevada. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copies of the transcripts for successful bidders, are legal charges against the 1967 state general obligation bond commission fund.
Sec. 3. After the delivery of all of the bonds authorized to be issued and sold by acts of the 54th session of the legislature of the State of Nevada any balance remaining of the moneys herein appropriated shall revert to the general fund in the state treasury.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 452κ
Senate Bill No. 152Senator Pozzi
CHAPTER 204
AN ACT relating to the Nevada state hospital; to amend NRS section 433.430, relating to support moneys received by the superintendent, by providing that such moneys shall be used for Nevada state hospital purposes and that the superintendent may budget for such income; to amend NRS 433.440, relating to deposit of patients personal funds, by raising the amount which can be kept in a commercial account and by providing that the excess may be deposited in savings accounts in other banks; to amend NRS 433.530, relating to treatment of committed patients outside the Nevada state hospital, by providing that responsible persons or the county are liable for such care whether a committed person is admitted to a general hospital or not; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.430 is hereby amended to read as follows:
433.430 Moneys received by the superintendent for the care, maintenance and treatment of committed persons shall be paid to the state treasurer to be credited to the general fund [.] for the use of the hospital. The superintendent may include in the budget for the hospital the amounts expected to be received under this section.
Sec. 2. NRS 433.440 is hereby amended to read as follows:
433.440 1. There shall be maintained at the hospital a fund to be known as the patients personal deposit fund.
2. Moneys coming into the possession of the superintendent belonging to a committed person shall be deposited in the name of that person in the fund, but when there is a guardian of his estate, the guardian shall have the right to demand and receive the funds.
3. When practicable, individual credits in the fund shall not exceed the sum of $150. When the individual credit exceeds the maximum sum, the excess may be applied by the superintendent for the costs of support and care and other approved charges against the committed person.
4. Any money to the credit of an individual may be used for the purchase of personal necessities or may be applied to the expense of burial.
5. Money accepted for the benefit of a committed person for special purposes shall be reserved for such purposes regardless of the total amount to the credit of the committed person.
6. Except as provided in subsection 7, the superintendent shall deposit the fund in a commercial account with a bank of reputable standing. When deposits in the commercial account exceed [$3,000,] $15,000, the superintendent may deposit the excess, at interest, in a savings account in [the same bank.] any reputable commercial bank or federally insured savings and loan association within the state. The savings account shall be in the name of the fund. Interest paid by the bank on deposits in the savings account shall be usable for recreation purposes at the hospital.
7. The superintendent may maintain at the hospital a petty cash fund of not more than $100 of the moneys in the patients personal deposit fund to enable patients to withdraw small sums from their accounts.
κ1967 Statutes of Nevada, Page 453 (CHAPTER 204, SB 152)κ
Sec. 3. NRS 433.530 is hereby amended to read as follows:
433.530 The superintendent may authorize the transfer of a committed person to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada state hospital. The expense of diagnostic, medical and surgical services furnished by persons not on the hospital staff, whether rendered while the committed person is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in the case of an indigent patient, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than 1 year.
________
Senate Bill No. 181Committee on Judiciary
CHAPTER 205
AN ACT relating to public employees travel expense and subsistence allowances; increasing subsistence allowances; establishing a uniform subsistence rate; eliminating voucher and receipt requirements for county and township officers; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.060 is hereby amended to read as follows:
245.060 [1.] When any county or township officer or any employee of the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include living expenses computed as provided in NRS 281.160, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 10 cents per mile so traveled.
[2. Any county or township officer presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties are prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.]
Sec. 2. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to [$15] $20 for each 24-hour period during which he is away from such office and within the state, and up to [$20] $25 for each 24-hour period during which he is outside the state.
κ1967 Statutes of Nevada, Page 454 (CHAPTER 205, SB 181)κ
whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to [$15] $20 for each 24-hour period during which he is away from such office and within the state, and up to [$20] $25 for each 24-hour period during which he is outside the state.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is 10 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 6 cents per mile so traveled.
4. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than [$15] $20 for travel within the state and [$20] $25 for travel outside the state for each 24-hour period where unusual circumstances make such rate desirable.
5. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the budget division of the department of administration at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the budget division. The budget division may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the budget division disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the budget division, upon good cause shown by the applicant, may consider request for travel submitted to it less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which are not approved by the budget division shall be considered by the state board of examiners at a regular meeting.
Sec. 3. NRS 513.060 is hereby amended to read as follows:
513.060 1. The members of the board shall serve without pay.
2. They shall be entitled to receive their [actual] traveling and living expenses at the same rate and in accordance with the provisions of NRS 281.160.
________
κ1967 Statutes of Nevada, Page 455κ
Senate Bill No. 217Senator Pozzi
CHAPTER 206
AN ACT relating to constables; authorizing the board of county commissioners to appoint the sheriff ex officio county constable in counties which include but one township.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 258.010 is hereby amended to read as follows:
258.010 1. Except when appointed by the board of county commissioners as provided in subsection 2:
(a) Constables shall be elected by the qualified electors of their respective townships.
[2.] (b) The constables of the several townships of the state shall be chosen at the general election of 1966, and shall enter upon the duties of their offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.
[3.] (c) Constables shall receive certificates of election from the boards of county commissioners of their respective counties.
2. In any county which includes but one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. Such a resolution shall not be effective until the completion of the term of office for which a constable may have been elected.
Sec. 2. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Three justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) A superintendent of state printing.
(n) An inspector of mines.
(o) Other officers whose elections are provided for by law.
(p) For each county:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
κ1967 Statutes of Nevada, Page 456 (CHAPTER 206, SB 217)κ
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor.
(6) One county treasurer.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex officio county auditor.
(10) Justices of the peace.
(11) Constables [.] , except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 271Committee on Finance
CHAPTER 207
AN ACT to amend NRS 2.220, relating to the salary of the clerk of the supreme court, by authorizing the supreme court to fix the clerks annual salary.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.220 is hereby amended to read as follows:
2.220 The supreme court shall fix the annual salary of the clerk of the supreme court [in an amount not to exceed $10,000.] within the limits of legislative appropriations.
________
Assembly Bill No. 326Clark County Delegation
CHAPTER 208
AN ACT to amend NRS 391.210, relating to the delegation of responsibilities by the board of trustees of a school district, by permitting delegation to administrators.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.210 is hereby amended to read as follows:
391.210 The board of trustees of a school district may direct the administrators, principals and teachers employed by them to exercise such powers and authority in the schools as the board of trustees has under this Title of NRS.
κ1967 Statutes of Nevada, Page 457 (CHAPTER 208, AB 326)κ
such powers and authority in the schools as the board of trustees has under this Title of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 122Mr. Bryan Hafen
CHAPTER 209
AN ACT relating to the leasing of land by the state board of fish and game commissioners; making findings of fact; authorizing the leasing of certain lands for an extended period; and providing other matters properly relating thereto.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature finds that certain lands in the Virgin River valley more particularly described as the E 1/2 of Section 35 and Sections 25 and 36, T. 16 S., R. 68 E., M.D.B. & M., and the W 1/2 of Section 31, T. 16 S., R. 69 E., M.D.B. & M., have been bid for lease by the state board of fish and game commissioners and further a term in excess of that now provided by law is necessary in order to provide sufficient incentive to insure proper development of such lands and to obtain terms of the lease most favorable to the State of Nevada.
Sec. 2. Notwithstanding the provisions of NRS 501.227, the state board of fish and game commissioners is hereby authorized to lease the lands described in section 1 of this act for a term not exceeding 20 years or for a term not in excess of the rights to said land by the state board of fish and game commissioners with an option to renew the lease for another term not exceeding 20 years, upon such conditions as the commission may prescribe.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 327Clark County Delegation
CHAPTER 210
AN ACT to amend NRS 392.030, relating to the suspension or expulsion of pupils in the public schools, by providing that the board of trustees of a school district may suspend or expel pupils, and any principal or administrator may suspend pupils.
[Approved March 28, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.030 is hereby amended to read as follows:
392.030 [1. Subject to the provisions of subsection 2, the] The board of trustees of a school district [shall have the power to] may suspend or expel or any principal or administrator may suspend from any public school within the school district [, with the advice of the teachers and the state department of education,] any pupil who will not submit to reasonable and ordinary rules or order and discipline.
κ1967 Statutes of Nevada, Page 458 (CHAPTER 210, AB 327)κ
public school within the school district [, with the advice of the teachers and the state department of education,] any pupil who will not submit to reasonable and ordinary rules or order and discipline. [therein.
2. No school teacher, principal or board of trustees shall expel or suspend any pupil under the age of 14 years for any cause without first securing the consent of the state department of education.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 71Committee on Judiciary
CHAPTER 211
AN ACT relating to crimes and punishments; to harmonize the penalties provided according to the nature of the offense; and providing other matters properly relating thereto.
[Approved March 29, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 193.050 is hereby amended to read as follows:
193.050 [The provisions of the common law relating to the commission of crime and the punishment thereof, insofar as not inconsistent with the institutions and statutes of this state, shall supplement all penal statutes of this state, and all persons offending against the same shall be tried in the district courts of this state.] 1. No conduct constitutes a crime unless prohibited by some statute of this state or by some ordinance or like enactment of a political subdivision of this state.
2. An act which is declared to be unlawful by any statute, ordinance or like enactment is prohibited within the meaning of this section and of NRS 193.170.
3. The provisions of the common law relating to the definition of public offenses apply to any public offense which is so prohibited but is not defined, or which is so prohibited but is incompletely defined.
4. This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
Sec. 2. NRS 193.130 is hereby amended to read as follows:
193.130 Every person convicted of a felony: [for which no punishment is specially prescribed by any statutory provision in force at the time of conviction and sentence shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not less than $500 nor more than $5,000, or by both.] 1. For which a term of imprisonment is provided by statute, shall be sentenced to a definite term of imprisonment which shall be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of such felony prescribed a different penalty.
2. For which no punishment is specially prescribed by statute, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 459 (CHAPTER 211, AB 71)κ
nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 3. NRS 193.140 is hereby amended to read as follows:
193.140 Every person convicted of a gross misdemeanor [for which no punishment is prescribed in any statute in force at the time of conviction and sentence] shall be punished by imprisonment in the county jail for not [less than 6 months nor] more than 1 year, or by a fine of not [less than $500 nor] more than $1,000, or by both [.] fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed in a different penalty.
Sec. 4. NRS 193.150 is hereby amended to read as follows:
193.150 Every person convicted of a misdemeanor [for which no punishment is prescribed by any statute in force at the time of conviction and sentence] shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both [.] fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
Sec. 5. Chapter 193 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 8, inclusive, of this act.
Sec. 6. As used in Title 16 of NRS, substantial bodily harm means:
1. Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or
2. Prolonged physical pain.
Sec. 7. Wherever it is provided in any section of this Title that a repeated conviction constitutes an element of an offense or aggravates an offense and affects the determination of penalty, it is immaterial whether such former conviction was obtained in Nevada or elsewhere.
Sec. 8. Every person who is guilty of a public offense proportionate to the value of the property affected or the loss resulting from such offense shall be punished as follows:
1. Where the value of such loss is $5,000 or more or where the damage results in impairment of public communication, transportation or police and fire protection, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where the value of such loss is $250 or more but less than $5,000, for a gross misdemeanor.
3. Where the value of such loss is $25 or more but less than $250, for a misdemeanor.
4. Where the value of such loss is less than $25, by a fine of not more than $500.
Sec. 9. NRS 196.010 is hereby amended to read as follows:
196.010 1. Treason against the people of the state consists in:
(a) Levying war against the people of the state; or
(b) Adhering to its enemies; or
(c) Giving them aid and comfort.
2. Treason is punishable by death [.] , or by imprisonment in the state prison for a term of not less than 10 years which may extend to life.
κ1967 Statutes of Nevada, Page 460 (CHAPTER 211, AB 71)κ
3. No person shall be convicted for treason unless upon the testimony of two witnesses to the same overt act or by confession in open court.
Sec. 10. NRS 196.030 is hereby amended to read as follows:
196.030 Every person having knowledge of the commission of treason, who conceals the same, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a judge of the district court, shall be guilty of misprision of treason and punished [by a fine of not more than $1,000, or] by imprisonment in the state prison for not less than 1 year nor more than [5] 3 years. [or in a county jail for not more than 1 year.]
Sec. 11. NRS 197.010 is hereby amended to read as follows:
197.010 Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to any executive or administrative officer of the state, with intent to influence him with respect to any act, decision, vote, opinion or other proceeding, as such officer, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
Sec. 12. NRS 197.020 is hereby amended to read as follows:
197.020 Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as specified in NRS 197.010, 199.010 and 218.590, with intent to influence him with respect to any act, decision, vote or other proceeding in the exercise of his powers or functions, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
Sec. 13. NRS 197.030 is hereby amended to read as follows:
197.030 Every executive or administrative officer or person elected or appointed to an executive or administrative office who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion or action upon any matter then pending, or which may by law be brought before him in his official capacity, shall be influenced thereby, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
Sec. 14. NRS 197.040 is hereby amended to read as follows:
197.040 Every person who executes any of the functions of a public office not specified in NRS 197.030, 199.020 or 218.600, and every person employed by or acting for the state or for any public officer in the business of the state, who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding shall be influenced thereby, or that he will do or omit any act or proceeding or in any way neglect or violate any official duty, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
κ1967 Statutes of Nevada, Page 461 (CHAPTER 211, AB 71)κ
Sec. 15. NRS 197.050 is hereby amended to read as follows:
197.050 1. It shall be unlawful for any state, county or municipal officer to offer or agree to appoint, or for any person whatever to offer to procure, or to offer to aid in procuring, the appointment of any deputy officer or attache of the state, county or municipal government of this state, for any consideration contemplating any division or rebate of the salary of such deputy or attache during his term of office, or for any monetary or other valuable consideration whatsoever, or, after such appointment is made, to receive or to accept any portion of the salary of such deputy or attache, or to receive any money or other valuable reward whatsoever, as a consideration for retaining such deputy or attache, or as a consideration for procuring, or for aid in obtaining the procuring of, the retention of such deputy or attache in any position to which he may be or shall have been appointed, or for any purpose whatsoever except in payment of a bona fide debt as provided in NRS 197.070.
2. Any person violating any of the provisions of subsection 1 [shall be deemed guilty of] commits bribery, and shall be punished by a fine of not [less than $1,000 nor] more than $5,000, or by imprisonment in the state prison for not less than 1 nor more than [7] 6 years, or by both [.] fine and imprisonment.
Sec. 16. NRS 197.060 is hereby amended to read as follows:
197.060 1. It shall be unlawful for any deputy officer or attache of the state, county or municipal government of this state to rebate, refund, pay or divide, to or with his principal or to or with any person whatever, any part or portion of his salary or compensation now fixed, or that may hereafter be fixed or established, by law, as a consideration either for the making or for the procuring of such appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attache, or to make any division or payment out of his salary to this end, except in payment of a bona fide debt as provided in NRS 197.070.
2. Any person violating any of the provisions of subsection 1 [shall be deemed guilty of] commits bribery, and shall be punished by a fine of not [less than $1,000 nor] more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than [7] 6 years, or by both [.] fine and imprisonment.
Sec. 17. NRS 197.150 is hereby amended to read as follows:
197.150 Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying, claims or demands upon the state or such county, town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be [guilty of a gross misdemeanor.] punished:
1. Where the amount of such false or fraudulent charge, claim, item or demand is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 462 (CHAPTER 211, AB 71)κ
2. Where the amount of such fraudulent charge, claim, item or demand is less than $100, for a misdemeanor.
Sec. 18. NRS 197.170 is hereby amended to read as follows:
197.170 Every public officer who shall ask or receive, or agree to receive a fee or other compensation for his official service, either:
1. In excess of the fee or compensation allowed to him by statute therefor; or
2. Where no fee or compensation is allowed to him by statute therefor,
commits extortion [,] and [is guilty of a misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 19. NRS 197.180 is hereby amended to read as follows:
197.180 [If any person shall willfully take] Any person who willfully takes upon himself to exercise or officiate in any office or place of another, without being lawfully authorized thereto, [he shall, upon conviction, be fined in any sum not exceeding $1,000.] is guilty of a gross misdemeanor.
Sec. 20. (There is no section 20.)
Sec. 21. 197.200 is hereby amended to read as follows:
197.200 1. Every officer, or person pretending to be such, who unlawfully and maliciously, under pretense or color of official authority shall:
[1.] (a) Arrest another or detain him against his will; or
[2.] (b) Seize or levy upon anothers property; or
[3.] (c) Dispossess another of any lands or tenements; or
[4.] (d) Do any act whereby another person shall be injured in his person, property or rights,
commits oppression. [and shall be guilty of a gross misdemeanor.]
2. Every officer or person committing any such act of oppression shall be punished:
(a) Where physical force or the immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Where no physical force or immediate threat of such force is used, for a gross misdemeanor.
Sec. 22. NRS 197.210 is hereby amended to read as follows:
197.210 Every officer who shall fraudulently appropriate to his own use or to the use of another person, or secrete with intent to appropriate to such use, any money, evidence of debt or other property entrusted to him by virtue of his office, shall be punished: [by imprisonment in the state prison for not more than 10 years, or by a fine of not more than $5,000, or by both.]
1. Where the amount of such money or the actual value of such property fraudulently appropriated or secreted with intent to appropriate is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where the amount of such money or the actual value of such property fraudulently appropriated or secreted with intent to appropriate is less than $100, for a misdemeanor.
κ1967 Statutes of Nevada, Page 463 (CHAPTER 211, AB 71)κ
property fraudulently appropriated or secreted with intent to appropriate is less than $100, for a misdemeanor.
Sec. 23. NRS 198.010 is hereby amended to read as follows:
198.010 Every person who obtains or seeks to obtain money or other thing of value from another person upon a pretense, claim or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative action, is guilty of a [felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a period of not less than 2 nor more than 10 years.] gross misdemeanor.
Sec. 24. NRS 199.010 is hereby amended to read as follows:
199.010 Every person who shall give, offer or promise, directly or indirectly, any compensation, gratuity or reward to a judicial officer, juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, proceeding or controversy, with intent to influence his action, vote, opinion or decision thereupon, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [or, by both.]
Sec. 25. NRS 199.020 is hereby amended to read as follows:
199.020 Every judicial officer who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding shall be influenced thereby, or that he will do or omit any act or proceeding or in any way neglect or violate any official duty, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or both.]
Sec. 26. NRS 199.030 is hereby amended to read as follows:
199.030 Every juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, controversy or proceeding, who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, action, judgment or decision shall be influenced thereby, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
Sec. 27. NRS 199.060 is hereby amended to read as follows:
199.060 Every person charged by law with the preparation of any jury list or list of names from which any jury is to be drawn, and every person authorized by law to assist at the drawing of a grand or petit jury to attend a court or to try any cause or issue, who shall:
1. Place in any such list any name at the request or solicitation, direct or indirect, of any person; or
2. Designedly put upon the list of jurors, as having been drawn, any name which was not lawfully drawn for that purpose; or
3. Designedly omit to place upon such list any name which was lawfully drawn; or
4. Designedly sign or certify a list of such jurors as having been drawn which were not lawfully drawn; or
κ1967 Statutes of Nevada, Page 464 (CHAPTER 211, AB 71)κ
5. Designedly and wrongfully withdraw from the box or other receptacle for the ballots containing the names of such jurors any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omit to place therein any name lawfully drawn or designated or place therein a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or
6. In drawing or impaneling such jury, do any act which is unfair, partial or improper in any respect,
shall be guilty of a [felony.] gross misdemeanor.
Sec. 28. NRS 199.100 is hereby amended to read as follows:
199.100 1. Every person who shall, by force or fraud, rescue from lawful custody, or from an officer or person having him in lawful custody, a prisoner held upon a charge, arrest, commitment, conviction or sentence for felony shall be [guilty of a felony.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. Every person who shall rescue a prisoner held upon a charge, arrest, commitment, conviction or sentence or a gross misdemeanor or misdemeanor shall be [guilty of a misdemeanor.] punished:
(a) Where a dangerous weapon is used in the course of the rescue, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where no dangerous weapon is so used, for a misdemeanor.
Sec. 29. NRS 199.110 is hereby amended to read as follows:
199.110 Every person who shall take from the custody of any officer or other person any personal property in his charge under any process of law, or who shall willfully injure or destroy such property, shall be guilty of a gross misdemeanor.
Sec. 30. NRS 199.120 is hereby amended to read as follows:
199.120 Every person having taken a lawful oath, or made affirmation in a judicial proceeding, or in any other matter where, by law, an oath or affirmation is required, who shall willfully and corruptly make an unqualified statement of that which he does not know to be true, or who shall swear or affirm willfully, corruptly and falsely, in a matter material to the issue or point in question, or who shall suborn any other person to make such unqualified statement, or to swear or affirm, as aforesaid, shall be deemed guilty of perjury, or subornation of perjury, as the case may be, and, upon conviction thereof, shall be punished by imprisonment in the state prison for [any term] not less than 1 year nor more than [14] 10 years. [, or in the discretion of the court may be sentenced to a term of not exceeding 1 year in the county jail. In the event a county jail sentence is imposed, as above provided, the offense for all purposes shall be deemed a gross misdemeanor.]
Sec. 31. NRS 199.130 is hereby amended to read as follows:
199.130 1. Every person who shall make, execute or sign, or shall cause to be made, executed or signed, any false or fictitious affidavit, complaint, deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, shall be guilty of perjury.
κ1967 Statutes of Nevada, Page 465 (CHAPTER 211, AB 71)κ
seizing anything in the possession of any other person, shall be guilty of perjury.
2. Any person convicted of a violation of any of the acts or offenses defined or set out in subsection 1 shall, upon conviction thereof, be punished by imprisonment in the state prison for a term of not less than 1 year nor more than [14] 10 years.
Sec. 32. NRS 199.140 is hereby amended to read as follows:
199.140 1. Any person who shall make, execute or sign, or shall cause to be made, executed or signed, any affidavit, complaint or other instrument, in writing, before any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and shall sign the same by any other name than his or her true name, shall be guilty of perjury.
2. Any person convicted of a violation of any of the acts or offenses defined or set out in subsection 1 shall, upon conviction thereof, be punished by imprisonment in the state prison for a term of not less than 1 year nor more than [14] 10 years.
Sec. 33. NRS 199.230 is hereby amended to read as follows:
199.230 Every person who shall willfully prevent or attempt to prevent, by persuasion, threats or otherwise, any person from appearing before any court, or officer authorized to subpena witnesses, as a witness in any action, proceeding or investigation, with intent thereby to obstruct the course of justice, shall be [guilty of a gross misdemeanor.] punished:
1. Where physical force or the immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Where no physical force or immediate threat of such force is used, for a gross misdemeanor.
Sec. 34. NRS 199.240 is hereby amended to read as follows:
199.240 Every person who shall give, offer or promise, directly or indirectly any compensation, gratuity or reward to any witness or person who may be called as a witness, upon an agreement or understanding that the testimony of such witness shall be thereby influenced, or who shall willfully attempt by any other means to induce any witness or person who may be called as a witness to give false testimony, or to withhold true testimony, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
Sec. 35. NRS 199.250 is hereby amended to read as follows:
199.250 Every person who is or may be a witness upon a trial, hearing, investigation or other proceeding before any court, tribunal or officer authorized to hear evidence or take testimony, who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing or other proceeding, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000.
κ1967 Statutes of Nevada, Page 466 (CHAPTER 211, AB 71)κ
prison for not less than 1 year nor more than 10 years, [or] and may be further punished by a fine of not more than $5,000. [, or by both.]
Sec. 36. NRS 199.280 is hereby amended to read as follows:
199.280 Every person who, in any case or under any circumstances not otherwise specially provided for, shall willfully resist, delay or obstruct a public officer in discharging or attempting to discharge any legal duty of his office shall be [guilty of a misdemeanor.] punished:
1. Where a dangerous weapon is used in the course of such resistance, obstruction or delay, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a gross misdemeanor.
Sec. 37. NRS 199.290 is hereby amended to read as follows:
199.290 1. Every person who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that he will compound or conceal a crime or violation of a statute, or abstain from testifying thereto, delay a prosecution therefor or withhold any evidence thereof, except in a case where a compromise is allowed by law, shall be [guilty:] punished:
(a) [Of a felony and punished by] By imprisonment in the state prison for not less than 1 year nor more than [5] 6 years where the agreement or understanding relates to a felony.
(b) [Of a] For a gross misdemeanor, where the agreement or understanding relates to a gross misdemeanor or misdemeanor, or to a violation of statute for which a pecuniary penalty or forfeiture is prescribed.
2. In any proceeding against a person for compounding a crime, it shall not be necessary to prove that any person has been convicted of the crime or violation of statute in relation to which an agreement or understanding herein prohibited was made.
Sec. 38. NRS 199.300 is hereby amended to read as follows:
199.300 Every person who shall, directly or indirectly, address any threat or intimidation to a public officer or to a juror, referee, arbitrator, appraiser or assessor, or to any other person authorized by law to hear or determine any controversy or matter, with intent to induce him, contrary to his duty to do or make or to omit or delay any act, decision or determination, shall be [guilty of a misdemeanor.] punished:
1. Where physical force or the immediate threat of such force is used in the course of such intimidation or in the making of such threat, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Where no physical force or immediate threat of such force is used in the course of such intimidation or in the making of such threat, for a gross misdemeanor.
Sec. 39. NRS 199.310 is hereby amended to read as follows:
199.310 Every person who shall maliciously and without probable cause therefor, cause or attempt to cause another to be arrested or proceeded against for any crime of which he is innocent:
1. If such crime be a felony, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years; and
2. If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 467 (CHAPTER 211, AB 71)κ
Sec. 40. NRS 199.440 is hereby amended to read as follows:
199.440 Whoever shall maliciously, and without probable cause, procure a search warrant to be issued and executed shall be deemed guilty of a gross misdemeanor. [, and on conviction thereof, shall be fined in a sum not exceeding $5,000, or imprisoned not exceeding 6 months.]
Sec. 41. NRS 199.450 is hereby amended to read as follows:
199.450 A peace officer who, in executing a search warrant, shall willfully exceed his authority, or exercise it with unnecessary severity, shall be deemed guilty of a gross misdemeanor. [and on conviction thereof shall be fined in a sum not exceeding $5,000, or imprisoned not exceeding 6 months.]
Sec. 42. NRS 199.460 is hereby amended to read as follows:
199.460 1. No officer or person having the custody and control of the body or liberty of any person under arrest shall refuse permission to such arrested person to communicate with his friends or with an attorney, nor subject any person under arrest to any form of personal violence, intimidation, indignity or threats for the purpose of extorting from such person incriminating statements or a confession.
2. Any person violating the provisions of this section shall be [guilty of a misdemeanor.] punished:
(a) Where physical force or the immediate threat of such force is used in the course of extorting such statements or confession, or where substantial bodily harm to the arrested person results from such violence, intimidation or indignity, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where no physical force or immediate threat of such force is used in the course of extorting such statements or confession, or where no substantial bodily harm results to the arrested person from such violence, intimidation or indignity, for a gross misdemeanor.
(c) Where the only offense is to refuse permission to such arrested person to communicate with his friends or with an attorney, for a misdemeanor.
Sec. 43. NRS 200.030 is hereby amended to read as follows:
200.030 1. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree.
2. The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree.
3. Upon a plea of guilty which specifies a degree lower than murder in the first degree, the district judge before whom such plea was made shall give sentence accordingly. If any person is convicted of murder on his confession in open court without a jury, or upon a plea of guilty without specification of a degree, the supreme court shall appoint two district judges from judicial districts other than the district in which the confession or plea is made, who shall, with the district judge before whom such confession or plea was made, or his successor in office, by examination of witnesses, determine the degree of the crime and give sentence accordingly.
κ1967 Statutes of Nevada, Page 468 (CHAPTER 211, AB 71)κ
confession or plea was made, or his successor in office, by examination of witnesses, determine the degree of the crime and give sentence accordingly. Such determination shall be by unanimous vote of the three district judges.
4. If the jury shall find the defendant guilty of murder in the first degree, then the jury by its verdict shall fix the penalty at death or imprisonment in the state prison for life with or without possibility of parole, except that if the murder was committed by a convict in the state prison serving a sentence of life imprisonment, the jury shall fix the penalty at death or imprisonment in the state prison for life without possibility of parole. Upon a plea of guilty the court, as provided in subsection 3, shall determine the same. [; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than 10 years, which term may be extended to life.] If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
5. Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
Sec. 44. NRS 200.090 is hereby amended to read as follows:
200.090 1. Every person convicted of involuntary manslaughter shall be punished by imprisonment in the state prison for [a term] not less than 1 year [and not to exceed 5 years, or by imprisonment in the county jail for a term not to exceed 1 year, or by fine not to exceed $1,000, or] nor more than 6 years, or by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $5,000, or by both fine and [jail] imprisonment.
2. If imprisonment in the county jail, or fine, or both, shall be prescribed for the punishment of involuntary manslaughter, the crime shall for all purposes by deemed a gross misdemeanor.
Sec. 45. NRS 200.210 is hereby amended to read as follows:
200.210 [The willful killing of] Any person who willfully kills an unborn quick child, by any injury committed upon the mother of such child, [is manslaughter.] commits manslaughter and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 46. NRS 200.220 is hereby amended to read as follows:
200.220 Every woman quick with child who shall take or use, or submit to the use of, any drug, medicine or substance, or any instrument or other means, with intent to procure her own miscarriage, unless the same is necessary to preserve her own life or that of the child whereof she is pregnant, and thereby causes the death of such child, [shall be guilty of] commits manslaughter [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 47. NRS 200.230 is hereby amended to read as follows:
200.230 Every person navigating a vessel for gain who shall willfully or negligently receive so many passengers or such a quantity of other lading on board that by means thereof such vessel shall sink, be overset or injured, and thereby a human being shall be drowned or otherwise killed, [shall be guilty of] commits manslaughter [.]
κ1967 Statutes of Nevada, Page 469 (CHAPTER 211, AB 71)κ
killed, [shall be guilty of] commits manslaughter [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 48. NRS 200.240 is hereby amended to read as follows:
200.240 If the owner or custodian of any vicious or dangerous animal, knowing its propensities, shall willfully or negligently allow it to go at large, and such animal while at large shall kill a human being not himself in fault, such owner or custodian [shall be guilty of] commits manslaughter [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 49. NRS 200.260 is hereby amended to read as follows:
200.260 Every person who shall make or keep gunpowder or any other explosive substance in a city or village in any quantity or manner prohibited by law or by ordinance of such municipality [shall be guilty of] commits manslaughter if an explosion thereof shall occur whereby the death of a human being is occasioned [.] , and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 50. NRS 200.280 is hereby amended to read as follows:
200.280 1. Mayhem consists of unlawfully depriving a human being of a member of his body, or disfiguring or rendering it useless. If any person shall cut out or disable the tongue, put out an eye, slit the nose, ear or lip, or disable any limb or member of another, or shall voluntarily, or of purpose, put out an eye or eyes, every such person shall be guilty of mayhem.
2 The crime of mayhem shall be punishable by imprisonment in the state prison for [a term not exceeding 14 years.] not less than 1 year nor more than 10 years.
Sec. 51. NRS 200.320 is hereby amended to read as follows:
200.320 Every person convicted of kidnaping in the first degree [, if] shall be punished:
1. Where the kidnaped person shall suffer substantial bodily harm during the act of kidnaping or the subsequent detention and confinement or in attempted escape or escape therefrom, [shall suffer] with death or [shall be punished] by imprisonment in the state prison for life [at the discretion of] without possibility of parole, or by life imprisonment in the state prison with the possibility of parole, eligibility for which begins when a minimum of 10 years has been served, such sentence to be determined by the jury convicting the person so found guilty. [; or, if]
2. Where the kidnaped person shall have suffered no [bodily injury] substantial bodily harm by reason of such kidnaping, the person found guilty of such kidnaping shall be punished by imprisonment in the state prison for life [.] or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
Sec. 52. NRS 200.330 is hereby amended to read as follows:
200.330 Every person convicted of kidnaping in the second degree shall be imprisoned in the state prison for [a term of] not less than [10 years which may be extended to life imprisonment.]
κ1967 Statutes of Nevada, Page 470 (CHAPTER 211, AB 71)κ
years which may be extended to life imprisonment.] 1 year nor more than 15 years.
Sec. 53. NRS 200.340 is hereby amended to read as follows:
200.340 1. Every person who shall aid and abet kidnaping in the first degree shall be [imprisoned in the state prison for a term of not less than 20 years which may be extended to life imprisonment.] punished for kidnaping in the first degree.
2. Every person who shall aid and abet kidnaping in the second degree shall be [imprisoned in the state prison for a term of not less than 1 year and not more than 10 years.] punished for kidnaping in the second degree.
Sec. 54. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 55 to 58, inclusive, of this act.
Sec. 55. 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. 56. Statutory rape is the carnal knowledge of a female under the age of 16 years, with her consent, by a male person of the age of 18 years or over. A person convicted of statutory rape shall be punished:
1. Where the male is under the age of 21 years, for a gross misdemeanor.
2. Where the male is of the age of 21 years or older, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 57. A husband may not be convicted of the rape of his wife unless he is an accomplice or accessory to the rape of his wife by a third person.
Sec. 58. No person convicted of forcible rape may, if the victim was a child under the age of 14 years, be paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the Nevada state prison and is not a menace to the health, safety or morals of others.
Sec. 59. NRS 200.380 is hereby amended to read as follows:
200.380 1. Robbery is the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his company at the time of the robbery.
κ1967 Statutes of Nevada, Page 471 (CHAPTER 211, AB 71)κ
of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his company at the time of the robbery. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking, in either of which cases the degree of force is immaterial. If used merely as a means of escape, it does not constitute robbery. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
2. Every person who shall commit robbery shall be punished by imprisonment in the state prison for not less than [5 years.] 1 year nor more than 15 years.
Sec. 60. NRS 200.390 is hereby amended to read as follows:
200.390 Every person who shall willfully and maliciously administer, or cause to be administered to or taken by any person, any poison, or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than [10 years, and which may extend to life.] 1 year nor more than 20 years.
Sec. 61. NRS 200.400 is hereby amended to read as follows:
200.400 1. An assault with intent to kill, commit rape, the infamous crime against nature, mayhem, robbery or grand larceny shall subject the offender to imprisonment in the state prison for a term not less than 1 year nor more than [14] 10 years; but if an assault with intent to commit rape be made, and if such crime [be] is accompanied with acts of [extreme cruelty and great bodily injury inflicted,] violence and substantial bodily harm results, the person guilty thereof shall be punished by imprisonment in the state prison for [a term of not less than 14 years,] life, with or without possibility of parole, or he shall suffer death, if the jury by their verdict affix the death penalty. If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
2. An assault with a deadly weapon, instrument or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the state prison not less than 1 year [or exceeding 2] nor more than 6 years, or to a fine [not less than $1,000, nor exceeding] of not more than $5,000, or to both fine and imprisonment.
Sec. 62. NRS 200.420 is hereby amended to read as follows:
200.420 Any person who shall engage in a duel with any deadly weapon, although no homicide ensue, or shall challenge another to fight such duel, or shall send or deliver any verbal or written message purporting or intending to be such challenge, although no duel ensue, shall be punished by imprisonment in the state prison not less than [2] 1 year nor more than 10 years, and shall be incapable of voting or holding any office of trust or profit under the laws of this state.
Sec. 63. NRS 200.440 is hereby amended to read as follows:
200.440 If any person posts another, or in writing, print or orally uses any reproachable or contemptuous language to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he [shall be imprisoned in the county jail for a term not less than 6 months nor more than 1 year, and fined in any sum not less than $500 nor exceeding $1,000.]
κ1967 Statutes of Nevada, Page 472 (CHAPTER 211, AB 71)κ
uses any reproachable or contemptuous language to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, he [shall be imprisoned in the county jail for a term not less than 6 months nor more than 1 year, and fined in any sum not less than $500 nor exceeding $1,000.] is guilty of a gross misdemeanor.
Sec. 64. NRS 200.450 is hereby amended to read as follows:
200.450 1. If any person or persons, with or without deadly weapons, upon previous concert and agreement, fight one with the other or give or send, or authorize any other person to give or send, a challenge verbally or in writing, to fight any other person, the person or persons giving, sending or accepting a challenge to fight any other person, with or without weapons, upon conviction thereof shall be punished by imprisonment in the state prison not less than [2 years,] 1 year nor more than [5] 6 years.
2. Every person who shall act for another in giving, sending, or accepting, either verbally or in writing, a challenge to fight any other person, upon conviction thereof, they, or either or any of them, shall be punished by imprisonment in the state prison not less than [2 years] 1 year nor more than [5] 6 years.
3. Should death ensue to any person in such fight, or should any person die from any injuries received in such fight within a year and a day, the person or persons causing or having any agency in causing such death, either by fighting or by giving or sending for himself or for any other person, or in receiving for himself or for any other person, such challenge to fight, shall be [deemed guilty of manslaughter, and punished accordingly.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 65. NRS 200.460 is hereby amended to read as follows:
200.460 1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. Any person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and [be fined in any sum not exceeding $5,000 or imprisoned in the state prison for a term not exceeding 1 year.] shall be punished for a gross misdemeanor.
Sec. 66. NRS 200.470 is hereby amended to read as follows:
200.470 An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury of the person of another, and every person convicted thereof shall be punished: [by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.]
1. If such assault is made with the use of a deadly weapon, for a gross misdemeanor.
2. If such assault is made without the use of a deadly weapon, for a misdemeanor.
Sec. 67. NRS 200.480 is hereby amended to read as follows:
200.480 Assault and battery is any willful and unlawful use of force or violence upon the person of another, and a person duly convicted thereof [shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both fine and imprisonment.] is guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 473 (CHAPTER 211, AB 71)κ
Sec. 68. NRS 200.490 is hereby amended to read as follows:
200.490 Every person who shall, by word, sign or gesture, willfully provoke, or attempt to provoke, another person to commit an assault shall be [guilty of a misdemeanor.] punished by a fine of not more than $500.
Sec. 69. NRS 200.500 is hereby amended to read as follows:
200.500 If any person shall assault and beat another with a cowhide, stick or whip, having at the time in his possession a pistol or other deadly weapon, with intent to intimidate and prevent the person assaulted from defending himself, such person shall [, on conviction thereof, be imprisoned in the state prison not less than 1 nor more than 10 years.] be punished:
1. If permanent bodily injury results from such assault and beating, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. If no permanent bodily injury results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 70. NRS 200.510 is hereby amended to read as follows:
200.510 1. A libel is a malicious defamation, expressed by printing, writing, signs, pictures or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt or ridicule.
2. Every person, whether the writer or publisher, convicted of the offense [, shall be fined in a sum not exceeding $5,000, or imprisoned in the county jail not exceeding 1 year, or in the state prison not exceeding 5 years.] is guilty of a gross misdemeanor.
3. In all prosecutions for libel the truth may be given in evidence to the jury, and, if it shall appear to the jury that the matter charged as libelous if true and was published for good motive and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact.
Sec. 71. NRS 200.570 is hereby amended to read as follows:
200.570 1. If in any newspaper or other periodical published or circulated within this state any matter is published regarding a person named or otherwise designated in such a manner as to be identified therein, the editor, publisher or proprietor shall, subject to the provisions of subsection 2, publish gratuitously any denial or correction of the matter so published that may be received from the person so named or designated when the denial or correction is signed by the person so making the same.
2. The denial or correction shall be made and presented by mail or otherwise to such editor, publisher or proprietor within 1 week after the original publication in the case of daily newspapers published in this state, or 30 days in case of other periodicals.
3. Such denial or correction shall be published in the next issue after the receipt thereof or, if presented less than 2 days prior to the next issue, shall be published in either the next or the succeeding one, and shall be given a like position and space and as much display as had the statement which provoked it; but if the denial or correction exceed the length of the original article, the charge for publishing the excess shall be computed and paid for in advance at the regular advertising rates for the periodical in question.
κ1967 Statutes of Nevada, Page 474 (CHAPTER 211, AB 71)κ
length of the original article, the charge for publishing the excess shall be computed and paid for in advance at the regular advertising rates for the periodical in question.
4. Failure to comply with the provisions of this section by any editor, publisher or proprietor of any newspaper or periodical [shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail not exceeding 6 months.] is a misdemeanor.
Sec. 72. NRS 200.690 is hereby amended to read as follows:
200.690 Any person who willfully and knowingly violates NRS 200.620, 200.630, 200.640, 200.650 or 200.670 [shall be] is guilty of a [felony.] gross misdemeanor.
Sec. 73. NRS 201.020 is hereby amended to read as follows:
201.020 Any husband who shall, without just cause, desert or willfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances; or any parent who shall, without lawful excuse, desert or willfully neglect or refuse to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children or any parent who shall without lawful excuse desert or willfully neglect or refuse to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be [guilty of a crime, and, on conviction thereof, shall be punished by a fine not exceeding $500, or imprisonment in the county jail not exceeding 6 months, or both fine and imprisonment; and on conviction of a second offense shall be punished by a fine not exceeding $1,000, or imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both such fine and imprisonment.] punished:
1. For the first offense, for a misdemeanor.
2. For any subsequent offense by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $1,000, or by both fine and imprisonment.
Sec. 74. NRS 201.110 is hereby amended to read as follows:
201.110 Any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a dependent child or delinquent child, as defined in NRS 201.090 to 201.110, inclusive, or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a dependent child or delinquent child, as defined in NRS 201.090 to 201.110, inclusive, shall be guilty of contributory dependency or contributory delinquency. [, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 6 months, or by both fine and imprisonment.] Contributory dependency or contributory delinquency is a misdemeanor.
κ1967 Statutes of Nevada, Page 475 (CHAPTER 211, AB 71)κ
Sec. 75. NRS 201.120 is hereby amended to read as follows:
201.120 Every person who, with intent thereby to produce the miscarriage of a woman, unless the same is necessary to preserve her life or that of the child whereof she is pregnant, shall:
1. Prescribe, supply or administer to a woman, whether pregnant or not, or advise or cause her to take any medicine, drug or substance; or
2. Use, or cause to be used, any instrument or other means;
shall be guilty of abortion, and punished by imprisonment in the state prison for not [more than 5 years, or in the county jail for not more than 1 year] less than 1 year nor more than 10 years.
Sec. 76. NRS 201.160 is hereby amended to read as follows:
201.160 1. Bigamy consists in the having of two wives or two husbands at one and the same time, knowing that the former husband or wife is still alive.
2. If any person or persons within this state being married, or who shall hereafter marry, do at any time marry any person or persons, the former husband or wife being alive, the person so offending shall, on conviction thereof, be punished by a fine not exceeding $1,000, [and be imprisoned] or by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years [.] , or by both fine and imprisonment.
3. It shall not be necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but the same may be proved by such evidence as is admissible to prove a marriage in other cases; and when such second marriage shall have taken place without this state, cohabitation in this state after such second marriage shall be deemed the commission of the crime of bigamy.
4. Nothing herein contained shall extend:
(a) To any person or persons whose husband or wife shall have been continually absent from such person or persons for the space of 5 years together prior to the second marriage, and he or she not knowing such husband or wife to be living within that time.
(b) To any person that is or shall be, at the time of such second marriage, divorced by lawful authority from the bonds of such former marriage, or to any person where the former marriage has been by lawful authority declared void.
Sec. 77. NRS 201.170 is hereby amended to read as follows:
201.170 If any man or woman, being unmarried, shall knowingly marry the husband or wife of another, such man or woman shall, on conviction, be [fined not less] punished by a fine of not more than $1,000 or [imprisoned] by imprisonment in the state prison for not less than 1 year nor more than [2] 6 years [.] , or by both fine and imprisonment.
Sec. 78. NRS 201.190 is hereby amended to read as follows:
201.190 1. [The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the state prison for a term not less than 1 year, and which may extend to life.
2.] Except as provided in subsection 2, every person of full age who commits the infamous crime against nature shall be punished:
(a) Where physical force or the immediate threat of such force is used by the defendant to compel another person to participate in such offense, or where such offense is committed upon the person of one who is under the age of 18 years, by imprisonment in the state prison for life with possibility of parole, eligibility for which begins, unless further restricted by subsection 3, when a minimum of 5 years has been served.
κ1967 Statutes of Nevada, Page 476 (CHAPTER 211, AB 71)κ
or where such offense is committed upon the person of one who is under the age of 18 years, by imprisonment in the state prison for life with possibility of parole, eligibility for which begins, unless further restricted by subsection 3, when a minimum of 5 years has been served.
(b) Otherwise, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person who is compelled by another, through physical force or the immediate threat of such force, to participate in the infamous crime against nature is thereby guilty of any public offense.
3. No person convicted of violating the provisions of subsection 1 of this section may, if the victim was a child under the age of 14 years, be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety and morals of others.
Sec. 79. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who [shall be guilty] commits any act of open or gross lewdness [shall be guilty of either a gross misdemeanor or a felony, depending on the gravity of the offense as determined by the verdict of the jury or judgment of the court.] is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. No person convicted of violating the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 80. NRS 201.220 is hereby amended to read as follows:
201.220 1. Every person who [shall make] makes any open and indecent or obscene exposure of his person, or of the person of another, [shall be guilty of either a gross misdemeanor or a felony, depending on the gravity of the offense as determined by the verdict of the jury or judgment of the court.] is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1967 Statutes of Nevada, Page 477 (CHAPTER 211, AB 71)κ
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 81. NRS 201.230 is hereby amended to read as follows:
201.230 1. Any person who shall willfully and lewdly commit any lewd or lascivious act, other than acts constituting the crime of rape and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be [guilty of a felony.
2. For the violation of any of the provisions of this section, the trial judge shall fix, specifically, a determinate sentence of the person convicted, which shall, in each case, consist of imprisonment in the state prison for not less than 5 years nor more than 10 years.
3.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 82. (There is no section 82.)
Sec. 83. NRS 201.280 is hereby amended to read as follows:
201.280 Every person who shall erect or keep a booth, tent, stall or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous or fermented liquors, or any drink of which wine, spirituous or fermented liquors form a part, within 1 mile of any camp or field meeting for religious worship, during the time of holding such meeting, [shall be deemed] is guilty of a misdemeanor. [, and punished by a fine not exceeding $500.]
Sec. 84. NRS 201.300 is hereby amended to read as follows:
201.300 1. Any person who:
[1.] (a) Shall induce, persuade, encourage, inveigle or entice a female person to become a prostitute; or
[2.] (b) By threats, violence or by any device or scheme, shall cause, induce, persuade, encourage, take, place, harbor, inveigle or entice a female person to become an inmate of a house of prostitution, or assignation place, or any place where prostitution is practiced, encouraged or allowed; or
κ1967 Statutes of Nevada, Page 478 (CHAPTER 211, AB 71)κ
female person to become an inmate of a house of prostitution, or assignation place, or any place where prostitution is practiced, encouraged or allowed; or
[3.] (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, shall take, place, harbor, inveigle, entice, persuade, encourage or procure any female person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; or
[4.] (d) Shall, by promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, take, place, harbor, inveigle, entice, persuade, encourage or procure any female person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed for the purpose of sexual intercourse; or
[5.] (e) Takes or detains a female with the intent to compel her by force, threats, menace or duress to marry him or to marry any other person; or
[6.] (f) Shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,
shall be guilty of pandering. [and, upon conviction, shall be punished by imprisonment in the state prison for a term of not less than 2 nor more than 20 years.]
2. Any person who is guilty of pandering shall be punished:
(a) Where physical force or the immediate threat of such force is used upon the female person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 85. NRS 201.310 is hereby amended to read as follows:
201.310 1. Any person who by force, fraud, intimidation or threats, places, or procures any other person or persons to place, his wife in a house of prostitution or lead a life of prostitution shall be guilty of pandering and upon conviction thereof shall be [sentenced to the state prison for not less than 2 nor more than 20 years.] punished:
(a) Where physical force or the immediate threat of such force is used upon the wife, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Upon the trial of any offense mentioned in this section, a wife shall be a competent witness for or against her husband, with or without his consent, and may be compelled so to testify.
Sec. 86. NRS 201.320 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 479 (CHAPTER 211, AB 71)κ
201.320 1. Any person who shall knowingly accept, receive, levy or appropriate any money or other valuable thing, without consideration, from the proceeds of any women engaged in prostitution, shall be [guilty of pandering, and on conviction thereof shall be] punished by imprisonment [for a period not less than 2 nor more than 20 years.] in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any such acceptance, receipt, levy or appropriation of such money or valuable thing shall, upon any proceedings or trial for violation of this section, be presumptive evidence of lack of consideration.
Sec. 87. NRS 201.330 is hereby amended to read as follows:
201.330 Any person or persons who attempt to detain any female person in a disorderly house or house of prostitution because of any debt or debts she has contracted, or is said to have contracted, while living in the house, shall be guilty of pandering and upon conviction thereof shall be [sentenced to the state prison for not less than 2 nor more than 20 years.] punished:
1. Where physical force or the immediate threat of such force is used upon the female person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 88. NRS 201.340 is hereby amended to read as follows:
201.340 1. Any person who shall knowingly transport or cause to be transported, by any means of conveyance, into, through or across this state, or who shall aid or assist in obtaining such transportation for, any female person, with the intent and purpose to induce, entice or compel such female person to become a prostitute, shall be deemed guilty of pandering, and upon conviction thereof shall be [sentenced to the state prison for not less than 2 nor more than 20 years.] punished:
(a) Where physical force or the immediate threat of such force is used upon the female person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any person who may commit the crime mentioned in this section may be prosecuted, indicted, tried and convicted in any county or city in or through which he shall so transport or attempt to transport any female person.
Sec. 89. NRS 201.360 is hereby amended to read as follows:
201.360 1. Every person who:
[1.] (a) Shall place a female in the charge or custody of another person for immoral purposes, or in a house of prostitution, with intent that she shall live a life of prostitution, or who shall compel any female to reside with him or with any other person for immoral purposes, or for the purposes of prostitution, or shall compel any such female to reside in a house of prostitution or to live a life of prostitution; or
κ1967 Statutes of Nevada, Page 480 (CHAPTER 211, AB 71)κ
[2.] (b) Shall ask or receive any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere any female for the purpose of causing her to cohabit with any male person or persons not her husband; or
[3.] (c) Shall give, offer, or promise any compensation, gratuity or reward, to procure any female for the purpose of placing her for immoral purposes in any house of prostitution, or elsewhere, against her will; or
[4.] (d) Being the husband of any woman, or the parent, guardian or other person having legal charge of the person of a female under the age of 18 years, shall connive at, consent to, or permit her being or remaining in any house of prostitution or leading a life of prostitution; or
[5.] (e) Shall live with or accept any earnings of a common prostitute, or entice or solicit any person to go to a house of prostitution or any immoral purposes, or to have sexual intercourse with a common prostitute; or
[6.] (f) Shall decoy, entice, procure or in any manner or way induce any female to become a prostitute or to become an inmate of a house of ill fame or prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when she does not know that the house is one of prostitution; or
[7.] (g) Shall decoy, entice, procure or in any manner or way induce any person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution, [;
shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $2,000.] is guilty of a felony.
2. Any person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of such force is used upon the female person, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
(b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 90. NRS 201.370 is hereby amended to read as follows:
201.370 Every male person who shall habitually resort in any house of prostitution shall be guilty of a [gross] misdemeanor.
Sec. 91. NRS 201.380 is hereby amended to read as follows:
201.380 1. It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whatever, for any length of time whatever, to be kept or used as a house of ill fame, or resort for the purposes of prostitution, any house, room or structure situated within 400 yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within 400 yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this state.
2. Any person violating the provisions of subsection 1 shall be [deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $25 nor more than $300, or by imprisonment in the county jail for not less than 5 nor more than 60 days, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 481 (CHAPTER 211, AB 71)κ
the county jail for not less than 5 nor more than 60 days, or by both fine and imprisonment.] punished by a fine of not more than $500.
Sec. 92. NRS 201.390 is hereby amended to read as follows:
201.390 1. It shall be unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution or for the purpose of keeping any dance house or house commonly called a hurdy house, or house where wine, beer or spirituous liquors are sold or served by females or female waiters or attendants, or where females are used or employed to attract or solicit customers, nor shall any entrance or exit way to any house referred to in this subsection be made or used from the principal business street or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1 shall be [deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $25 nor more than $300, or by imprisonment in the county jail for not less than 5 nor more than 60 days, or by both fine and imprisonment.] punished by a fine of not more than $500.
Sec. 93. NRS 201.420 is hereby amended to read as follows:
201.420 Any person who shall keep any disorderly house, or any house of public resort, by which the peace, comfort or decency of the immediate neighborhood, or of any family thereof, is habitually disturbed, or who shall keep any inn in a disorderly manner, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both.]
Sec. 94. NRS 201.430 is hereby amended to read as follows:
201.430 1. It shall be unlawful for any person or persons, company, association or corporation doing business in this state to advertise, in any public theater, or on the public streets of any city or town, or on the public highway, any resort where females congregate for the purpose of illicit intercourse.
2. Any person or persons, company, association or corporation violating the provisions of this section shall be [guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of $50 for the first offense, and for each and every subsequent offense shall be fined in the sum of $250.] punished:
(a) For the first offense, by a fine of not more than $500.
(b) For any subsequent offense, for a misdemeanor.
Sec. 95. NRS 201.440 is hereby amended to read as follows:
201.440 Any person or persons, company, association or corporation doing business in this state who shall knowingly aid, abet, solicit, encourage, permit or allow any person or persons, company, association or corporation to advertise in their place of business, by any device, any roadhouse, or resort where females congregate for the purpose of illicit intercourse, shall be [guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of $100 for the first offense, and for each and every subsequent offense shall be fined in the sum of $250.] punished:
1. For the first offense, by a fine of not more than $500.
2. For any subsequent offense, for a misdemeanor.
κ1967 Statutes of Nevada, Page 482 (CHAPTER 211, AB 71)κ
Sec. 95.5. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who knowingly causes to be performed or exhibited, or engages in the performance or exhibition of, any obscene, indecent or immoral show, act or performance is guilty of a misdemeanor.
Sec. 96. NRS 202.010 is hereby amended to read as follows:
202.010 1. Except as provided in subsections 2 and 3, it shall be unlawful for any person or persons, firm, association, corporation or managing agent of any person, firm, association or corporation to sell, give away, or offer to sell cigarettes, cigarette paper or any tobacco of any description to any person under the age of 18 years.
2. Upon the written order of the parent or guardian of the minor, the person applied to may give or sell to the minor, for the use of the guardian or parent, cigarettes, cigarette paper, or tobacco of any description. The written request shall be kept on file by the seller or giver of the article so sold or given away.
3. The superintendent of the Nevada youth training center and the superintendent of the Nevada girls training center may sell or supply cigarettes, cigarette paper, tobacco or tobacco products to any minor 16 years of age or older confined in any institution under his supervision, if the guardian or parent of such minor consents thereto.
4. Any person violating any provision of this section shall be [guilty of a misdemeanor and on conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for a period not less than 50 days nor more than 6 months, or by both fine and imprisonment.] punished by a fine of not more than $500.
5. If any dealer in cigarettes, cigars and tobacco shall be convicted twice for the commission of the offense described in subsection 1, he shall forfeit his license or licenses for carrying on his business, and no license shall be again granted to him for a like business in this state.
Sec. 97. NRS 202.020 is hereby amended to read as follows:
202.020 Any person under the age of 21 years who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor. [, and shall be punished by a fine of not less than $50 nor more than $100.]
Sec. 98. NRS 202.030 is hereby amended to read as follows:
202.030 Any person under 21 years of age who shall loiter or remain on the premises of any saloon where spirituous, malt or fermented liquors or wines are sold [is guilty of a misdemeanor and] shall be punished by a fine of not [less than $25 nor more than $100.] more than $500. Nothing in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
Sec. 99. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1967 Statutes of Nevada, Page 483 (CHAPTER 211, AB 71)κ
1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes intoxicating liquors to any person under the age of 21 years, or to any imbecile; or
(b) Leaves or deposits any intoxicating liquors in any place with the intent that the same shall be procured by any person under the age of 21 years, or by any imbecile; or
(c) Furnishes, gives, or causes to be given any money or thing of value to any person under the age of 21 years with the knowledge that the money or thing of value is to be used by the person under the age of 21 years to purchase or procure any alcoholic beverage,
is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under the age of 21 years or of the imbecile.
Sec. 100. NRS 202.060 is hereby amended to read as follows:
202.060 Any proprietor, keeper or manager of a saloon or resort where spirituous, malt or fermented liquors or wines are sold, who shall, knowingly, allow or permit any person under the age of 21 years to remain therein [is guilty of a misdemeanor, and] shall be punished by a fine of not [less than $25 nor] more than [$100] $500. Nothing in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
Sec. 101. NRS 202.160 is hereby amended to read as follows:
202.160 1. Any person who shall knowingly have or use about his premises, or who shall convey, or cause to be conveyed, into any neighborhood, any clothing, bedding, or other substance, used by or in taking care of any person afflicted with smallpox or other infectious or contagious disease, or infected thereby, or shall do any other act with the intent to, or necessarily tending to, spread such disease into any neighborhood or locality, shall by guilty of a misdemeanor. [, and on conviction shall be punished by a fine in any sum not more than $500, or by imprisonment in the county jail not exceeding 6 months, or both.]
2. The court trying any such offender may also include in any judgment rendered an order to the effect that the clothing or other property infected be burned or otherwise destroyed, and shall have power to carry such order into effect.
Sec. 102. NRS 202.170 is hereby amended to read as follows:
202.170 Every person who shall willfully mingle poison in any food, drink or medicine intended or prepared for the use of a human being, and every person who shall willfully poison any spring, well or reservoir of water, shall be punished by imprisonment in the state prison for not less than [5 years.] 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 103. NRS 202.200 is hereby amended to read as follows:
202.200 1. It shall be unlawful for any person:
(a) To advertise or publish, or cause to be advertised or published in [the manner mentioned in NRS 202.190,] a newspaper, pamphlet, handbill, book or otherwise, any medicine, nostrum, drug, substance, instrument or device to produce the miscarriage or premature delivery of a woman pregnant with child, or which purports to be, or is represented to be, productive of such miscarriage or premature delivery; or
κ1967 Statutes of Nevada, Page 484 (CHAPTER 211, AB 71)κ
[the manner mentioned in NRS 202.190,] a newspaper, pamphlet, handbill, book or otherwise, any medicine, nostrum, drug, substance, instrument or device to produce the miscarriage or premature delivery of a woman pregnant with child, or which purports to be, or is represented to be, productive of such miscarriage or premature delivery; or
(b) To advertise in any manner his or her services, aid, assistance or advice, or the services, assistance or advice of any other person, in the procurement of such miscarriage or premature delivery.
2. Every person who shall violate the provisions of subsection 1 shall be guilty of a gross misdemeanor. [, and on conviction shall be punished by a fine of not less than $1,000 nor more than $3,000, or by imprisonment in the county jail for not less than 6 months nor more than 1 year, or by both fine and imprisonment.]
Sec. 104. NRS 202.210 is hereby amended to read as follows:
202.210 The proprietor or proprietors and the manager or managers of any newspaper, periodical or other printed sheet published or printed within this state, which shall contain any advertisement prohibited by NRS [202.190 and] 202.200, shall, for each publication of such advertisement, be guilty of a [gross] misdemeanor. [, and on conviction shall be punished by a fine of not less than $1,000 nor more than $3,000, or by imprisonment in the county jail for not less than 6 months nor more than 1 year, or by both fine and imprisonment.]
Sec. 105. NRS 202.220 is hereby amended to read as follows:
202.220 Every person who shall knowingly sell, distribute, give away, or in any manner dispose of or exhibit to another person any newspaper, pamphlet, book, periodical, handbill, printed slip or writing, or cause the same to be so sold, distributed, disposed of, or exhibited, containing any advertisement prohibited by NRS [202.190 and] 202.200, or containing any description or notice of, or reference to, or information concerning, or direction how or where to procure any medicine, drug, nostrum, substance, device, instrument or service, the advertisement of which is prohibited or declared to be unlawful, shall be guilty of a [gross] misdemeanor. [, and on conviction shall be punished by a fine of not less than $1,000 nor more than $3,000, or by imprisonment in the county jail for not less than 6 months nor more than 1 year, or by both fine and imprisonment.]
Sec. 106. NRS 202.230 is hereby amended to read as follows:
202.230 Nothing in NRS [202.190] 202.200 to 202.220, inclusive, shall be construed to interfere with or apply to legally licensed physicians in the legitimate practice of their profession.
Sec. 107. NRS 202.240 is hereby amended to read as follows:
202.240 1. Person as used in this section means natural persons, copartnerships, corporations and associations, and shall include persons of both sexes.
2. It shall be unlawful for any person to publish or cause to be published, to deliver or distribute or cause to be delivered or distributed in any manner whatsoever, or to post, or display, or knowingly to permit to be posted, displayed, or to remain on any buildings, windows or outhouses, or premises or other surface owned or controlled by him in the State of Nevada, or to manufacture or sell, or knowingly to have displayed in or on any window or place where the same could be read by passers-by or the public, any advertisement, label, statement, print or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may be obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele or self-abuse, whether described by such names, words, terms or phrases, or by any other names, words, terms or phrases, calculated or intended to convey to the reader the idea that any of the diseases, infirmities, disabilities, conditions or habits are meant or referred to, or which refers to any medicine, article, device or preparation that may be used for the treatment, cure or prevention of any of the diseases, infirmities, disabilities, conditions or habits mentioned in this section.
κ1967 Statutes of Nevada, Page 485 (CHAPTER 211, AB 71)κ
or the public, any advertisement, label, statement, print or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may be obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele or self-abuse, whether described by such names, words, terms or phrases, or by any other names, words, terms or phrases, calculated or intended to convey to the reader the idea that any of the diseases, infirmities, disabilities, conditions or habits are meant or referred to, or which refers to any medicine, article, device or preparation that may be used for the treatment, cure or prevention of any of the diseases, infirmities, disabilities, conditions or habits mentioned in this section.
3. Any person violating any of the provisions of this section [shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.] is guilty of a misdemeanor.
4. This section shall not apply to publications, advertisements or notices of the United States Government, the State of Nevada or of any city or town or other political subdivision of the State of Nevada.
Sec. 108. NRS 202.250 is hereby amended to read as follows:
202.250 1. Every person who shall set a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished: [as follows:]
(a) If no injury result therefrom to any human being, [by imprisonment in the county jail for not more than 1 year or by a fine of not more than $1,000, or by both fine and imprisonment.] for a gross misdemeanor.
(b) If injuries not fatal result therefrom to any human being, by imprisonment in the state prison for not [more than 20 years.] less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the death of a human being results therefrom, under circumstances not rendering the act murder, by imprisonment in the state prison for not [more than 20 years;] less than 1 year nor more than 10 years; otherwise, the punishment shall be as for murder.
2. Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees or governmental agencies engaged in cooperative predatory animal and rodent control work, but:
(a) No such loaded spring gun, set gun or other device shall be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and
(b) Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.
Sec. 109. NRS 202.280 is hereby amended to read as follows:
202.280 1. Any person, whether under the influence of liquor or otherwise, who shall maliciously, wantonly or negligently discharge or cause to be discharged any pistol, gun or any other kind of firearm, in or upon any public street or thoroughfare, or in any theatre, hall, store, hotel, saloon or any other place of public resort, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury result, shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 486 (CHAPTER 211, AB 71)κ
missile in a public place, or in any place where any person might be endangered thereby, although no injury result, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by imprisonment in the county jail for a term of not less than 2 nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.]
2. All civil, military and peace officers shall be vigilant in carrying the provisions of subsection 1 into full force and effect. Any peace officer who shall neglect his duty in the due arrest of any such offender shall be guilty of a gross misdemeanor.
Sec. 110 (There is no section 110.)
Sec. 111. NRS 202.320 is hereby amended to read as follows:
202.320 1. Any person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword-cane, pistol, gun or other deadly weapon, who shall, in the presence of two or more persons, draw or exhibit any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who shall in any manner unlawfully use the same in any fight or quarrel, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be fined in any sum not exceeding $500, or shall be imprisoned in the county jail for a term not exceeding 6 months.]
2. No sheriff, deputy sheriff, marshal, constable or other peace officer shall be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his duties.
Sec. 112. NRS 202.350 is hereby amended to read as follows:
202.350 1. [Every person who within the State of Nevada:
(a) Manufactures or causes to be manufactured, or who imports into the state, or who keeps for sale, or offers or exposes for sale, or who gives, lends or possesses any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carries concealed upon his person any explosive substance, other than fixed ammunition; or
(c) Carries concealed upon his person any dirk, dagger or dangerous knife; or
(d) Carries concealed on his person a pistol, revolver or other firearm, or any other dangerous or deadly weapon,
shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
2.] It is unlawful for any person within the State of Nevada to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep for sale, or offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any explosive substance, other than fixed ammunition; or
(c) Carry concealed upon his person any dirk, dagger or dangerous knife; or
κ1967 Statutes of Nevada, Page 487 (CHAPTER 211, AB 71)κ
(d) Carry concealed on his person a pistol, revolver or other firearm, or any other dangerous or deadly weapon.
2. Any person who violates any of the provisions of subsection 1 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
3. Nothing in subsection 1 of this section applies to or affects:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection [3 of this section.] 4.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the Armed Forces of the United States when on duty.
[3.] 4. The sheriff of any county may, upon written application showing the reason or the purpose for which the concealed weapon is to be carried, grant permission to the applicant, authorizing a person to carry, in such county, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
[4.] 5. For the purposes of this section, a switchblade knife is a knife having the appearance of a pocket knife, and includes a spring-blade knife, a snap-blade knife, or any other similar type knife, the blade or blades of which are 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or are released by any type of mechanism whatsoever.
Sec. 113. NRS 202.360 is hereby amended to read as follows:
202.360 1. The terms pistol, revolver, and firearm capable of being concealed upon the person, as used in this section, apply to and include all firearms having a barrel less than 12 inches in length.
2. After July 1, 1925, no unnaturalized foreign-born person, and no person who has been convicted of a felony in the State of Nevada, or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, shall own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person.
3. Any person who violates the provisions of this section [shall be guilty of a felony, and upon conviction thereof] shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years.
4. Nothing in this section applies to or affects:
(a) Sheriffs, constables, marshals, policemen, whether active or honorably retired, or other duly appointed police officers.
(b) Any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the Armed Forces of the United States when on duty.
Sec. 114. NRS 202.380 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 488 (CHAPTER 211, AB 71)κ
202.380 1. [After March 26, 1955, every] Every person, firm or corporation who within the State of Nevada knowingly sells or offers for sale, possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of NRS 202.370 to 202.440, inclusive, shall be guilty of a gross misdemeanor. [felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a term not to exceed 2 years or by a fine not to exceed $2,000, or by both fine and imprisonment.]
2. Nothing in NRS 202.370 to 202.440, inclusive, shall prohibit police departments or regular salaried members thereof, sheriffs and their regular salaried deputies, or the military or naval forces of this state or of the United States from purchasing, possessing or transporting such shells, cartridges or bombs for official use in the discharge of their duties.
Sec. 115. NRS 202.390 is hereby amended to read as follows:
202.390 1. Each tear gas weapon sold, transported or possessed under the authority of NRS 202.370 to 202.440, inclusive, shall bear the name of the manufacturer and a serial number applied by him
2. No person shall change, alter, remove or obliterate the name of the manufacturer, the serial number or any other mark of identification on any tear gas weapon. Possession of any such weapon upon which the same shall have been changed, altered, removed or obliterated, shall be presumptive evidence that such possessor has changed, altered, removed or obliterated the same. [Violations of this subsection shall be punished by imprisonment in the state prison for not more than 2 years or by a fine of not more than $2,000, or by both fine and imprisonment.]
3. Any person who violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 116. NRS 202.500 is hereby amended to read as follows:
202.500 It shall be unlawful for any person to own or keep any vicious dog. If any person shall own or keep a vicious dog, and such dog shall injure any person, the owner or keeper of the dog shall be guilty of a misdemeanor. [, and on conviction thereof shall be punished by a fine in a sum not exceeding $500, or by imprisonment in the county jail not more than 6 months, or by both fine and imprisonment.]
Sec. 117. NRS 202.560 is hereby amended to read as follows:
202.560 1. Any person who discards or abandons in any place accessible to children, or who has in his possession, any refrigerator, icebox or deep-freeze locker, having a capacity of 1 1/2 cubic feet or more which is no longer in use and which has not had the door removed, [is guilty of a misdemeanor.] shall be punished by a fine of not more than $500.
2. Any owner, lessee or manager who knowingly permits such abandoned or discarded refrigerator, icebox or deep-freeze locker to remain on premises under his control without having the door removed [is guilty of a misdemeanor.] shall be punished by a fine of not more than $500.
3. Guilt of a violation of this section shall not in itself render one guilty of manslaughter, battery or other crime against a person who may suffer death or injury from entrapment in such refrigerator, icebox, or deep-freeze locker.
4. The provisions of this section shall not apply to any vendor or seller of refrigerators, iceboxes or deep-freeze lockers who keeps or stores them for sale purposes, if the vendor or seller takes reasonable precautions to secure effectively the door of any such refrigerator, icebox or deep-freeze locker so as to prevent entrance by children small enough to fit therein.
κ1967 Statutes of Nevada, Page 489 (CHAPTER 211, AB 71)κ
seller of refrigerators, iceboxes or deep-freeze lockers who keeps or stores them for sale purposes, if the vendor or seller takes reasonable precautions to secure effectively the door of any such refrigerator, icebox or deep-freeze locker so as to prevent entrance by children small enough to fit therein.
Sec. 118. NRS 202.580 is hereby amended to read as follows:
202.580 Every person who shall willfully and maliciously remove, damage or destroy any rope, wire, bell, signal, instrument or apparatus for the communication of alarms of fire or police calls shall be guilty of an offense proportionate to the value of the property removed, damaged or destroyed, but in no event less than a misdemeanor.
Sec. 119. NRS 202.590 is hereby amended to read as follows:
202.590 1. Except as provided in subsection 2, after January 1, 1962, no person shall drive, or be an attendant on, any public or private ambulance, unless he possesses an advanced first aid certificate issued by the American Red Cross or the United States Bureau of Mines, and no owner of such a vehicle shall permit it to be operated unless:
(a) The driver and all attendants possess first aid certificates as required by this section.
(b) The vehicle carries traction splints and a standard 24-unit first aid kit approved by the American Red Cross.
2. The provisions of this section do not apply to:
(a) A volunteer who drives, or acts as an attendant on, an ambulance in an emergency when it is impossible to secure a driver or attendant qualified as required by subsection 1.
(b) Drivers and attendants on ambulances operated in cities and towns having less than 1,000 population.
3. Any person who violates any of the provisions of this section [is guilty of a misdemeanor and] shall be punished by a fine of not more than [$25.] $500.
Sec. 120. NRS 203.010 is hereby amended to read as follows:
203.010 Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor. [, and on conviction shall be fined in a sum not exceeding $200, or imprisoned in the county jail for not more than 2 months.]
Sec. 121. NRS 203.020 is hereby amended to read as follows:
203.020 If [2] two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse, on being desired or commanded so to do by a judge, justice of the peace, sheriff, coroner, constable or other public officer, the persons so offending [shall, on conviction, be severally fined in any sum not exceeding $500, and imprisoned in the county jail not more than 6 months.] are guilty of a misdemeanor.
Sec. 122. NRS 203.050 is hereby amended to read as follows:
203.050 If [2] two or more persons shall, by agreement, fight in a public place, to the terror of the citizens of this state, the persons so offending [shall be deemed guilty of] commit an affray and [shall be severally fined in a sum not exceeding $200, and imprisoned in the county jail not more than 1 month.] are guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 490 (CHAPTER 211, AB 71)κ
Sec. 123. NRS 203.060 is hereby amended to read as follows:
203.060 If [2] two or more persons shall assemble together to do an unlawful act, and separate without doing or advancing toward it, such persons [shall be guilty of;] commit an unlawful assembly, and [upon conviction thereof shall be severally fined in a sum not exceeding $200, or imprisoned in the county jail not exceeding 3 months.] are guilty of a misdemeanor.
Sec. 124. NRS 203.070 is hereby amended to read as follows:
203.070 1. If [2] two or more persons shall meet to do an unlawful act, upon a common cause of quarrel, and make advances toward it, they [shall be guilty of] commit a rout, and [on conviction shall be severally fined in a sum not exceeding $500, or imprisoned in the county jail not more than 6 months.] are guilty of a misdemeanor.
2. If [2] two or more persons shall actually do an unlawful act of violence, either with or without a common cause of quarrel or even do a lawful act, in a violent, tumultuous and illegal manner, they [shall be guilty of] commit a riot, and [upon conviction shall be punished by a fine in any sum not exceeding $500 each, or by imprisonment in the county jail for a term not exceeding 6 months, or by both fine and imprisonment.] are guilty of a misdemeanor.
Sec. 125. (There is no section 125.)
Sec. 126. Chapter 203 of NRS is hereby amended by adding thereto the provisions set forth as sections 127 and 128 of this act.
Sec. 127. 1. Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means.
2. It is unlawful:
(a) For any person, by word of mouth or writing, to advocate, advice or teach the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; or
(b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means; or
(c) For any person openly, willfully and deliberately to justify by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his official character, or any other crime, with intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy; or
(d) For any person to organize or help to organize or become a member of or voluntarily to assemble with any society, group or assembly of persons formed to teach or advocate such doctrine; or
(e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal anarchy as defined in subsection 1; or
(f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room willfully and knowingly to permit therein any assemblage of persons prohibited by paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.
κ1967 Statutes of Nevada, Page 491 (CHAPTER 211, AB 71)κ
of any place, building or room willfully and knowingly to permit therein any assemblage of persons prohibited by paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.
3. Any person who violates the provisions of subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 128. 1. Criminal syndicalism is the doctrine which advocates or teaches crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform.
2. It is unlawful:
(a) For any person, by word of mouth or writing, to advocate, or teach the duty, necessity or propriety of crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political reform; or
(b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document or written matter in any form, containing or advocating, advising or teaching the doctrine that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of terrorism; or
(c) For any person openly, willfully and deliberately to justify, by word of mouth or writing, the commission or attempt to commit crime, sabotage, violence or other unlawful methods of terrorism with intent to exemplify, spread or advocate the propriety of the doctrine of criminal syndicalism; or
(d) For any person to organize or help to organize or become a member of, or voluntarily to assemble with, any society, group or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism; or
(e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal syndicalism as defined in subsection 1; or
(f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, willfully and knowingly to permit therein any assemblage of persons prohibited by the provisions of paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.
3. Any person who violates the provisions of subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
Sec. 129. NRS 204.010 is hereby amended to read as follows:
204.010 Every public officer or other person who shall have in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money shall be entrusted for safekeeping, or for transmission to any treasurer, other officer or person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount so unlawfully used [be $100 or less,] is less than $100, be deemed guilty of a misdemeanor. [, and, on conviction thereof, shall be punished by a fine of not less than $100 and not more than $500, or by imprisonment in the county jail not less than 1 month nor more than 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 492 (CHAPTER 211, AB 71)κ
more than $500, or by imprisonment in the county jail not less than 1 month nor more than 6 months, or by both fine and imprisonment.]
Sec. 130. NRS 204.020 is hereby amended to read as follows:
204.020 Every public officer or other person who shall have in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money shall be entrusted for safekeeping or for transmission to any treasurer or other officer, or other person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount unlawfully used [be more than $100,] is $100 or more, be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [15] 10 years [.] , or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 131. NRS 204.030 is hereby amended to read as follows:
204.030 1. Every public officer, and every other person receiving money on behalf of, or for or on account of, this state or of any department of the state government or of any bureau or fund created by law in which the state is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district who:
[1.] (a) Shall knowingly keep any false account, or make any false entry or erasure in any account, of or relating to any money so received by him; or
[2.] (b) Shall fraudulently alter, falsify, conceal, destroy or obliterate any such account; or
[3.] (c) Shall willfully omit or refuse to pay over to the state, its officer or agent authorized by law to receive the same, or to such county, city, town or such school, municipal corporation, or district or to the proper officer or authority empowered to demand and receive the same, any money received by him as such officer when it is a duty imposed upon him by law to pay over and account for the same, [; shall be punished by imprisonment in the state prison for not more than 15 years.] is guilty of a felony.
2. Any person violating any of the provisions of subsection 1 shall be punished:
(a) Where the amount involved is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Where the amount involved is less than $100, for a misdemeanor.
Sec. 132. NRS 204.050 is hereby amended to read as follows:
204.050 Every state, county, city or town treasurer who shall willfully misappropriate any moneys, funds or securities received by or deposited with him as such treasurer, or who shall be guilty of any other malfeasance or willful neglect of duty in his office, shall be punished: [by imprisonment in the state prison for not more than 15 years or by a fine of not more than $10,000, and not more than twice the amount misappropriated.]
κ1967 Statutes of Nevada, Page 493 (CHAPTER 211, AB 71)κ
1. Where the amount misappropriated is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Otherwise, for a misdemeanor.
Sec. 133. NRS 204.070 is hereby amended to read as follows:
204.070 Any state officer employing or paying any person or persons out of any state money for any such service or labor, as set forth in NRS 204.060, [shall be deemed] is guilty of a misdemeanor. [, and on conviction thereof be fined in the sum of $500, or imprisoned in the county jail for a period not exceeding 6 months, or by both fine and imprisonment.]
Sec. 134. NRS 205.010 is hereby amended to read as follows:
205.010 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, whether the property of himself or of another, [shall be guilty of] commits arson in the first degree and, upon conviction thereof, shall be sentenced to imprisonment for not less than [2] 1 year nor more than [20] 15 years.
Sec. 135. NRS 205.020 is hereby amended to read as follows:
205.020 Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any personal property of whatsoever class or character (such property being of the value of $25 or more and the property of another person), [shall be guilty of] commits arson in the third degree and, upon conviction thereof, shall be sentenced to imprisonment for not less than 1 year nor more than [3] 6 years.
Sec. 136. NRS 205.025 is hereby amended to read as follows:
205.025 1. Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in NRS 205.010, 205.015 and 205.020, or who commits any act preliminary thereto or in furtherance thereof, shall be guilty of arson in the fourth degree and, upon conviction thereof, be sentenced to imprisonment for not less than 1 year nor more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted.
2. In any prosecution under this section the placing or distributing of any inflammable, explosive or combustible material or substance, or any device in any building or property mentioned in NRS 205.010, 205.015 and 205.020, in an arrangement or preparation eventually to set fire to or burn the same, or to procure the setting fire to or burning of the same, shall be prima facie evidence of a willful attempt to burn or set on fire such property.
Sec. 137. NRS 205.030 is hereby amended to read as follows:
205.030 Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do, or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be guilty of a felony and, upon conviction thereof, be sentenced to imprisonment for not less than 1 year nor more than [5] 6 years.
κ1967 Statutes of Nevada, Page 494 (CHAPTER 211, AB 71)κ
whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be guilty of a felony and, upon conviction thereof, be sentenced to imprisonment for not less than 1 year nor more than [5] 6 years.
Sec. 138. 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 [15] 12 years.
4. Every burglary committed in the daytime is burglary of the second degree. Burglary of the second degree is punishable by imprisonment in the state prison for not less than 1 year nor more than [5] 10 years.
5. 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. 139. NRS 205.075 is hereby amended to read as follows:
205.075 1. Any person who, with intent to commit crime, breaks and enters, either by day or by night, any building whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by use of nitroglycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives.
2. Any person convicted of burglary with explosives shall be punished by imprisonment for a term of not less than [5 years] 1 year nor more than 20 years.
Sec. 140. NRS 205.090 is hereby amended to read as follows:
205.090 Every person who shall falsely make, alter, forge or counterfeit any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property or for the payment of any labor claim or claims, receipt for money or property, power of attorney, any auditors warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim or claims, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien, or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or shall counterfeit or forge the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate reside in or belong to this state or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate, reside in this state or not, shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.]
κ1967 Statutes of Nevada, Page 495 (CHAPTER 211, AB 71)κ
or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien, or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or shall counterfeit or forge the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate reside in or belong to this state or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged or counterfeited with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate, reside in this state or not, shall be deemed guilty of forgery, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.] 10 years, or by a fine of not less than $5,000, or by both fine and imprisonment.
Sec. 141. NRS 205.100 is hereby amended to read as follows:
205.100 1. Every person who shall make, pass, utter or publish, with an intention to defraud any person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention shall attempt to pass, utter or publish any fictitious bill, note or check purporting to be the bill, note or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership or individual, when in fact there shall be no such bank, corporation, copartnership or individual in existence, the person knowing the bill, note, check or instrument in writing for the payment of money or property or any labor claim or claims to be fictitious, shall be deemed guilty of forgery, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Whenever such note, bill, check or other instrument in writing is drawn upon any bank, proof that the purported drawer of the same had no account at the bank shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.
Sec. 142. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor [and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 6 months, or by a fine not to exceed $500, or both such fine and imprisonment,] unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year [or] nor more than [5 years.]
κ1967 Statutes of Nevada, Page 496 (CHAPTER 211, AB 71)κ
credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor [and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 6 months, or by a fine not to exceed $500, or both such fine and imprisonment,] unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment in the state prison for not less than 1 year [or] nor more than [5 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person having been previously convicted three times of a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. The word credit as used herein shall be construed to be an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
3. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business because of insufficient funds, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud, Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.
4. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
5. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than [5 years.]
κ1967 Statutes of Nevada, Page 497 (CHAPTER 211, AB 71)κ
more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than [5 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 143. NRS 205.160 is hereby amended to read as follows:
205.160 Every person who shall have in his possession, or shall receive from any other person, any forged promissory note or notes, or bank bills, or bills for the payment of money or property, with intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this state or not, knowing the same to be forged or counterfeited, or shall have or keep in his possession any blank or unfinished note or bank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure the same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered and passed to defraud any person or persons, body politic or corporate, whether in this state or elsewhere, shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 144. NRS 205.175 is hereby amended to read as follows:
205.175 Every person who shall fraudulently forge or counterfeit the seal of this state, or the seal of any court or public officer by law entitled to have and use a seal, or the seal of any corporation, and shall make use of the same, or shall forge or counterfeit the signature of any public officer, or seal of any corporation, or shall unlawfully and corruptly, and with evil intent, affix any of the true seals to any commission, deed, warrant, pardon, certificate or other writing, or who shall have in his possession or custody any such counterfeit seal, and shall willfully conceal the same, knowing it to be falsely made and counterfeited, and shall thereof by convicted, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 145. NRS 205.180 is hereby amended to read as follows:
205.180 If any person shall counterfeit any kind or species of gold dust, silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver currently passing in this state, or shall alter, or put off any kind of uncoined gold or silver mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or shall make any instrument for counterfeiting any kind of uncoined gold or silver as aforesaid, knowing the purpose for which such instrument was made, or shall knowingly have in his possession and secretly keep any instrument for the purpose of counterfeiting any kind of uncoined gold or silver as aforesaid, every such person so offending shall be deemed guilty of counterfeiting, and, upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.]
κ1967 Statutes of Nevada, Page 498 (CHAPTER 211, AB 71)κ
silver mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or shall make any instrument for counterfeiting any kind of uncoined gold or silver as aforesaid, knowing the purpose for which such instrument was made, or shall knowingly have in his possession and secretly keep any instrument for the purpose of counterfeiting any kind of uncoined gold or silver as aforesaid, every such person so offending shall be deemed guilty of counterfeiting, and, upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 146. NRS 205.185 is hereby amended to read as follows:
205.185 Every person who shall have in his possession, or receive for any other person, any counterfeit gold dust, silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver currently passing in this state, or entering in anywise into the circulating medium of the state, with intention to utter, put off, or pass the same, or permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than [14 years.] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 147. NRS 205.195 is hereby amended to read as follows:
205.195 Every person who shall knowingly and willfully forge or counterfeit, or cause or procure to be forged or counterfeited, upon any goods, wares or merchandise, the private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise whatsoever, shall, on conviction thereof, be deemed guilty of a misdemeanor. [, and shall be punished by imprisonment in the county jail for a term not exceeding 6 months, or by a fine of not less than $300 nor more than $600.]
Sec. 148. NRS 205.200 is hereby amended to read as follows:
205.200 Any person who shall sell any goods, wares or merchandise having thereon any forged or counterfeit stamps or labels, purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall, on conviction thereof, be deemed guilty of a misdemeanor. [, and shall be punished by imprisonment in the county jail for a term not exceeding 6 months, or by a fine of not less than $300 nor more than $600.]
Sec. 149. NRS 205.205 is hereby amended to read as follows:
205.205 Every person who shall use or display or have in his possession with intent to use or display the genuine label, trade-mark, term, design, device, or form of advertisement of any person, corporation, association or union lawfully filed for record according to law of the state, or the exclusive right to use which is guaranteed to any person, corporation, association or union by the laws of the United States, or of this state, without the written authority of such person, corporation, association or union, or who shall willfully forge or counterfeit or use or display or have in his possession with intent to use or display any representation, likeness, similitude, copy or imitation of any genuine label, trade-mark, term, design, device, or form of advertisement, so filed or protected, or any die, plate, stamp or other device for manufacturing the same, shall be guilty of a [gross] misdemeanor.
κ1967 Statutes of Nevada, Page 499 (CHAPTER 211, AB 71)κ
similitude, copy or imitation of any genuine label, trade-mark, term, design, device, or form of advertisement, so filed or protected, or any die, plate, stamp or other device for manufacturing the same, shall be guilty of a [gross] misdemeanor.
Sec. 150. NRS 205.220 is hereby amended to read as follows:
205.220 Every person who shall feloniously steal, take and carry away, lead or drive away the personal goods or property of another, of the value of $100 or more, except a vehicle as defined in NRS 482.135, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than [2 years] 1 year nor more than [14 years.] 10 years, and may be further punished by a fine of not more than $5,000.
Sec. 151. NRS 205.225 is hereby amended to read as follows:
205.225 Every person who: [shall:
1. Feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny or any one or more head of cattle or horses, or any sheep, goat, hog, shoat, poultry or pig, not his own property but belonging to some other person;
2. Mark or brand, or cause to be marked or branded, or shall alter or deface or cause to be altered or defaced, a mark or brand upon any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny or any one or more head of cattle or horses, or any sheep, goat, hog, shoat, poultry or pig, not his own property but belonging to some other person, with intent thereby to steal the same or to prevent the identification thereof by the true owner, or to defraud;
3. With intent to defraud, or to appropriate to his own use, willfully kill any animal running at large, not his own, whether branded, marked or not;
4. Sell or purchase, with intent to defraud, the hide or carcass of any animal the brand or mark on which has been cut out or obliterated,
shall be deemed guilty of grand larceny, and upon conviction shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 14 years.]
1. Feloniously steals, takes and carries, leads, drives or entices away:
(a) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or
(b) One or more other domestic animals or poultry having an aggregate value of $100 or more,
not his own property but belonging to some other person;
2. Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in paragraph (a) of subsection 1, not his own property but belonging to some other person, with intent thereby to steal such animal or to prevent the identification thereof by the true owner, or to defraud;
3. With intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in paragraph (a) of subsection 1 or having an aggregate value of $100 or more, not his own, whether branded, marked or not; or
4. Sells or purchases, with intent to defraud, the hide or carcass of any animal described in paragraph (a) of subsection 1 the brand or mark on which has been cut out or obliterated, is guilty of grand larceny, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 nor more than 10 years, and may be further punished by a fine of not more than $5,000
κ1967 Statutes of Nevada, Page 500 (CHAPTER 211, AB 71)κ
is guilty of grand larceny, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 nor more than 10 years, and may be further punished by a fine of not more than $5,000
Sec. 152. NRS 205.235 is hereby amended to read as follows:
205.235 Every person who shall convert any manner of real estate, of the value of $100 or over, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take and carry away the same, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than [14 years.] 10 years, and may be further punished by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 153. NRS 205.240 is hereby amended to read as follows:
205.240 [1. Except as provided in subsection 2, every person who shall steal, take and carry, lead, or drive away the personal goods or property of another, under the value of $100, except a vehicle as defined in NRS 482.135, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail not more than 6 months, or by fine not exceeding $500, or by both fine and imprisonment.
2. Every person convicted of petit larceny for a third time within 7 years from the date of his first conviction of petit larceny may be punished as for a misdemeanor or a gross misdemeanor. The jury by its verdict, or the court sitting without a jury by its judgment, shall fix the category of punishment. The power of a jury in a justices court and the jurisdiction of the justices court to fix such category of punishment as a gross misdemeanor is hereby expressly conferred.] Every person who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $100, except a vehicle as defined in NRS 482.135; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $100, except those described in paragraph (a) of subsection 1 of NRS 205.225, commits petit larceny and is guilty of a misdemeanor.
Sec. 154. NRS 205.245 is hereby amended to read as follows:
205.245 Every person who shall convert any manner of real estate, of the value of under $100, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take and carry away the same, [shall be deemed guilty of] commits petit larceny [, and upon conviction thereof shall be punished by imprisonment in the county jail for a period of not more than 6 months, or by a fine not exceeding $500, or by both fine and imprisonment.] and is guilty of a misdemeanor.
Sec. 155. NRS 205.270 is hereby amended to read as follows:
205.270 Every person who, under circumstances not amounting to robbery, shall, with intent to steal or appropriate to his own use, take from the person of another, without his consent, any money, property or thing of value, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [14 years.] 10 years, and may be further punished by a fine of not more than $5,000.
Sec. 156. NRS 205.272 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 501 (CHAPTER 211, AB 71)κ
205.272 1. Any person who shall drive or take a vehicle as defined in NRS 482.135, not his own, without the consent of the owner thereof, and with intent either permanently or temporarily to deprive the owner of his title to or possession of such vehicle, with or without intent to steal the same, shall be [guilty of a felony.] punished according to the class of crime specified in the indictment or information:
(a) By imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000; or
(b) By imprisonment in the county jail for not more than 1 year, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owners consent on a previous occasion to the taking or driving of such vehicle by the same or a different person.
3. Any person who assists in, or is a party to or an accomplice in, any such unauthorized taking or driving shall [be guilty of a gross misdemeanor or, if previously convicted of so assisting or being a party or accomplice, shall be guilty of a felony.] be punished as a principal.
4. In an indictment found or information filed against a violator of this section, the grand jury or district attorney shall specify that such indictment or information is for a misdemeanor, gross misdemeanor or felony, as the facts warrant, and the sentence imposed shall not exceed that provided for the class of crime specified.
5. Where the indictment or information specifies a greater offense, the defendant may, with the consent of the district attorney, plead guilty specifically to a misdemeanor or gross misdemeanor, and in such case the sentence imposed shall not exceed that provided for the class of crime specified.
Sec. 157. NRS 205.273 is hereby amended to read as follows:
205.273 Any person who, with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 158. NRS 205.274 is hereby amended to read as follows:
205.274 1. Any person who shall individually or in association with one or more other persons willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, or who shall in any manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, shall be guilty of a [misdemeanor.] public offense proportionate to the value of the loss resulting therefrom.
2. Any person who shall without the consent of the owner or person in charge of a vehicle climb into or upon such vehicle with the intent to commit any crime, malicious mischief, or injury thereto, or who while a vehicle is at rest and unattended shall attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof, or to set such vehicle in motion, shall be guilty of a misdemeanor; but the foregoing provisions shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
κ1967 Statutes of Nevada, Page 502 (CHAPTER 211, AB 71)κ
commit any crime, malicious mischief, or injury thereto, or who while a vehicle is at rest and unattended shall attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof, or to set such vehicle in motion, shall be guilty of a misdemeanor; but the foregoing provisions shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
Sec. 159. NRS 205.275 is hereby amended to read as follows:
205.275 1. Every person who, for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement, knowing the same so to have been obtained, shall, upon conviction, be punished by imprisonment in the state prison for a term not [exceeding 5 years, or by a fine not exceeding $1,000, or by both fine and imprisonment;] less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment; and every such person may be tried, convicted and punished, as well before as after the trial of the principal.
2. No person convicted of the offense specified in this section shall be condemned to imprisonment in the state prison, unless the value of the thing bought or received shall amount to $100, or more, but the same shall be punished as provided in cases of petit larceny.
Sec. 160. NRS 205.320 is hereby amended to read as follows:
205.320 Every person who, with intent thereby to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not such purpose is accomplished, shall threaten directly or indirectly:
1. To accuse any person of a crime; or
2. To do an injury to any person or to any property; or
3. To publish or connive at publishing any libel; or
4. To expose or impute to any person any deformity or disgrace; or
5. To expose any secret,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5 years or by imprisonment in the county jail for not more than 1 year,] 10 years, or by a fine of not more than [$1,000,] $5,000, or by both fine and imprisonment.
Sec. 161. NRS 205.330 is hereby amended to read as follows:
205.330 Every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance, had, made or contrived with intent to deceive and defraud others, or to defeat, hinder or delay creditors or others of their just debts, damages or demands; or who, being a party as aforesaid, at any time shall wittingly and willingly put in use, avow, maintain, justify or defend the same, or any of them, as true and done, had, or made in good faith, or upon good consideration, or shall alien, assign or sell any of the lands, tenements, hereditaments, goods, chattels or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, [shall, on conviction, be fined in any sum not exceeding $1,000, or imprisoned in the county jail not less than 6 months.]
κ1967 Statutes of Nevada, Page 503 (CHAPTER 211, AB 71)κ
chattels or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, [shall, on conviction, be fined in any sum not exceeding $1,000, or imprisoned in the county jail not less than 6 months.] is guilty of a gross misdemeanor.
Sec. 162. NRS 205.350 is hereby amended to read as follows:
205.350 If any debtor shall fraudulently remove his property or effects out of this state, or shall fraudulently sell, convey or assign, or conceal his property or effects, with intent to defraud, hinder or delay his creditors of their just rights, claims or demands, he [shall, on conviction, be punished by imprisonment in the county jail not exceeding 6 months, or by fine not exceeding $5,000, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 163. NRS 205.365 is hereby amended to read as follows:
205.365 Any person or persons, after once selling, bartering or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands or town lot or lots, who shall again, knowingly and fraudulently, sell, barter or dispose of the same tract or tracts of land, or town lot or lots, or any part thereof, or shall knowingly and fraudulently execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons, for a valuable consideration, upon conviction thereof, shall be punished: [by imprisonment in the state prison not less than 1 year nor more than 5 years.]
1. Where the value of the property so involved is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where the value of the property is less than $100, for a misdemeanor.
Sec. 164. NRS 205.370 is hereby amended to read as follows:
205.370 If any person, by false representations of his own wealth, or mercantile correspondence and connections, shall obtain a credit thereby and defraud any person or persons of money, goods, chattels or any valuable thing, or if any person shall cause, or procure others to report falsely of his wealth or mercantile character, and by this imposing upon any person or persons obtain credit and thereby fraudulently get into the possession of goods, wares or merchandise, or other valuable thing, every such offender shall be deemed a swindler, and, on conviction, shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be [fined not exceeding $1,000, and imprisoned in the county jail not more than 6 months.] punished:
1. Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Otherwise, for a misdemeanor.
Sec. 165. NRS 205.375 is hereby amended to read as follows:
205.375 Any person:
1. Who shall knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition or means or ability to pay, of himself, or of any other person, firm or corporation, in which he is interested, or for whom or which he is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange, or promissory note, for the benefit of either himself or of such person, firm or corporation; or
κ1967 Statutes of Nevada, Page 504 (CHAPTER 211, AB 71)κ
writing, with intent that it shall be relied upon, respecting the financial condition or means or ability to pay, of himself, or of any other person, firm or corporation, in which he is interested, or for whom or which he is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange, or promissory note, for the benefit of either himself or of such person, firm or corporation; or
2. Who, knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself, or of such person, firm or corporation, in which he is interested, or for whom he is acting, procures, upon the faith thereof, for the benefit either of himself, or of such person, firm or corporation, either or any of the things of benefit mentioned in subsection 1; or
3. Who, knowing that a statement in writing has been made respecting the financial condition or means or ability to pay, of himself or of such person, firm or corporation, in which he is interested, or for whom he is acting, represents on a later day, either orally or in writing, that such statement theretofore made, if then again made on that day, would be then true, when, in fact, the statement if then made would be false, and procures upon the faith thereof, for the benefit either of himself or such person, firm or corporation, either or any of the things of benefit mentioned in subsection 1,
shall be guilty of a [gross] misdemeanor. [punishable by a fine of not more than $1,000 or by imprisonment for a term of not more than 6 months, or by both fine and imprisonment.]
Sec. 166. NRS 205.380 is hereby amended to read as follows:
205.380 Every person who shall knowingly and designedly, by any false pretense or pretenses, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects or other valuable thing, with intent to cheat or defraud any person or persons of the same, [shall be deemed] is a cheat, and on conviction shall be imprisoned in the state prison not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done. Should the value of any chose in action, money, goods, wares, chattels, effects, or other valuable thing so, as aforesaid, fraudulently obtained, not exceed in value the sum of $100, every person so offending [shall be deemed] is a cheat, and [on conviction shall be punished by imprisonment in the county jail not more than 6 months, or by fine in any sum not exceeding $500, or by both fine and imprisonment, and] is guilty of a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done.
Sec. 167. NRS 205.385 is hereby amended to read as follows:
205.385 Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of such claim, upon any contract or policy of insurance or indemnity whatsoever for the payment of any loss, or who prepares, makes or subscribes any account, certificate or survey, affidavit or proof of loss, or other book, paper or writing, with intent to present or use the same or to allow it to be presented or used in support of any such claim, is guilty of a [felony, and upon conviction thereof shall be punished by imprisonment in the state prison not exceeding 3 years, or by a fine not exceeding $1,000, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 505 (CHAPTER 211, AB 71)κ
intent to present or use the same or to allow it to be presented or used in support of any such claim, is guilty of a [felony, and upon conviction thereof shall be punished by imprisonment in the state prison not exceeding 3 years, or by a fine not exceeding $1,000, or by both fine and imprisonment.] gross misdemeanor.
Sec. 168. NRS 205.390 is hereby amended to read as follows:
205.390 Every person who, with intent to cheat or defraud another, shall designedly by color or aid of any false token or writing or other false pretense, representation or presentation obtain the signature of any person to a written instrument, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5 years or in the county jail for not more than 1 year,] 6 years, or by a fine of not more than [$1,000,] $5,000, or by both fine and imprisonment.
Sec. 169. NRS 205.400 is hereby amended to read as follows:
205.400 Every person who shall obtain from another the possession or use of any horse or other draft animal [or any vehicle or automobile,] without paying therefor, with intent to defraud the owner thereof, or who shall obtain the possession or use thereof, by color or aid of any false or fraudulent representation, pretense, token or writing, or shall obtain credit for such use by color or aid of any false or fraudulent representation, pretense, token or writing; or who, having hired property, shall recklessly, willfully, wantonly or by gross negligence injure or destroy or cause, suffer, allow or permit the same, or any part thereof, to be injured or destroyed; or who, having hired any horse or other draft animal upon an understanding or agreement that the same shall be ridden or driven a specified distance or to a specified place, shall willfully and fraudulently ride or drive or cause, permit or allow the same to be ridden or driven a longer distance, or to a different place, shall be guilty of a misdemeanor.
Sec. 170. NRS 205.410 is hereby amended to read as follows:
205.410 Every person who shall willfully wear the badge, button, insignia or rosette of any military order or of any secret order or society, or any similitude thereof; or who shall use any such badge, button, insignia or rosette to obtain aid or assistance, or any other benefit or advantage, unless he shall be entitled to so wear or use the same under the constitution, bylaws, rules and regulations of such order or society, shall be [guilty of a misdemeanor.] fined not more than $500.
Sec. 171. NRS 205.415 is hereby amended to read as follows:
205.415 Every person who shall sell [a ticket] one or more tickets to any ball, benefit or entertainment, or ask or receive any subscription or promise thereof, for the benefit or pretended benefit of any person, association or order, without being duly authorized thereto by the person, association or order for whose benefit or pretended benefit the same is done, shall be [guilty of a misdemeanor.] punished:
1. Where the amount received from such sales, subscriptions or promises totals $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Otherwise, for a misdemeanor.
Sec. 172. NRS 205.445 is hereby amended to read as follows:
205.445 1. [Any person who:] It is unlawful for any person:
κ1967 Statutes of Nevada, Page 506 (CHAPTER 211, AB 71)κ
(a) [Shall] To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with intent to defraud the proprietor or manager thereof; or
(b) [Obtains] To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, roominghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy by the use of false pretense; or
(c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy, [absconds] to abscond or surreptitiously, or by force, menace or threats, [removes] to remove any part of his baggage therefrom, without paying for his food or accommodations. [, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months.]
2. Any person who violates any of the provisions of subsection 1 shall be punished:
(a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one such establishment is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Otherwise for a misdemeanor.
3. Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for such food, foodstuffs, lodging, merchandise or other accommodations, or that he gave in payment for such food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that he absconded without paying or offering to pay for such food, foodstuffs, lodging, merchandise or other accommodations, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie evidence of the fraudulent intent mentioned in this section.
[3.] 4. This section shall not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.
Sec. 173. NRS 205.450 is hereby amended to read as follows:
205.450 Every person who shall falsely represent or personate another, and, in such assumed character, shall marry another, become bail or surety for any party, in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety, or confess any judgment, or acknowledge the execution of any conveyance of real property, or of any other instrument which, by law, may be recorded, or do any other act in the course of any suit, proceeding or prosecution, whereby the person so represented to personated may be made liable, in any event, to the payment of any debt, damages, cost or sum of money, or his right or interest may, in any manner be affected, shall be guilty of a [gross] misdemeanor.
κ1967 Statutes of Nevada, Page 507 (CHAPTER 211, AB 71)κ
any event, to the payment of any debt, damages, cost or sum of money, or his right or interest may, in any manner be affected, shall be guilty of a [gross] misdemeanor.
Sec. 174. NRS 205.470 is hereby amended to read as follows:
205.470 Any person who:
1. Willfully and maliciously breaks, injures or otherwise destroys, damages or interferes with any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system [; or] is guilty of a public offense proportionate to the value of the property damaged or destroyed.
2. Without authority leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system [,] is guilty of a misdemeanor.
Sec. 175. NRS 205.480 is hereby amended to read as follows:
205.480 1. It is unlawful to obtain or attempt to obtain telephone or telegraph service with intent to avoid payment therefor by:
(a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber; or
(b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled (as distinguished from expired) credit card after notice of revocation or cancellation has been given to the holder; or
(c) Using a code, prearranged scheme or other similar device to send or receive information; or
(d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise; or
(e) Using any other deception, false token or other means to avoid payment for the service; or
(f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.
2. If the value of the service involved is [$300] $100 or more, any person violating the provisions of this section is guilty of a felony [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment. If the value of the service involved is less than [$300,] $100, any person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years prior to the time the indictment is found or the information is filed may be aggregated.
3. This section shall apply when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for such service would have been billable in the normal course by a person, firm or corporation providing such service in Nevada but for the fact that such service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
κ1967 Statutes of Nevada, Page 508 (CHAPTER 211, AB 71)κ
or when the charges for such service would have been billable in the normal course by a person, firm or corporation providing such service in Nevada but for the fact that such service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
Sec. 176. NRS 205.490 is hereby amended to read as follows:
205.490 1. It is unlawful to make or possess any instrument, apparatus or device or to sell, give or otherwise transfer to another or to offer or advertise for sale any instrument, apparatus, device or information, or plans or instructions for making or assembling such equipment, with knowledge or reason to believe that it is intended to be used to obtain telephone or telegraph service with intent to avoid payment therefor by any of the means listed in paragraphs (c), (d) or (f) of subsection 1 of NRS 205.480, or to represent or imply that it may lawfully be so used.
2. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 177. NRS 205.500 is hereby amended to read as follows:
205.500 1. As used in this section:
(a) Cardholder means the person or organization to whom a credit card is issued or for whose benefit it is issued.
(b) Credit card means any instrument, whether in the form of a card, booklet, plastic or metal substance, or the number or other identifying description thereof, which is sold, issued or otherwise distributed by a business organization or financial institution, for the use by the person or organization named thereon for obtaining on credit goods, property, services or anything of value.
2. Any person who:
(a) Steals, takes or removes a credit card from the person or possession of the cardholder, or who retains or secretes a credit card without the consent of the cardholder, with the intent of using, delivering, circulating or selling or causing such card to be used, delivered, circulated or sold without the consent of the cardholder, is guilty of a misdemeanor.
(b) Has in his possession or under his control or who receives from another person any forged, altered, counterfeited, fictitious or stolen credit card with the intent to use, deliver, circulate or sell it, or to permit or cause or procure it to be used, delivered, circulated or sold, knowing it to be forged, altered, counterfeited, fictitious or stolen, or who has or keeps in his possession any blank or unfinished credit card made in the form or similitude of any credit card, with such intent, is guilty of a misdemeanor.
(c) Has in his possession, or under his control, or who receives from another person a credit card with the intent to circulate or sell it, or to permit or cause or procure it to be used, delivered, circulated or sold, knowing such possession, control or receipt to be without the consent of the cardholder or issuer, is guilty of a misdemeanor.
(d) Delivers, circulates or sells a credit card which was obtained or is held by such person under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, or permits or causes or procures to be used, delivered, circulated or sold, knowing it to be obtained or held under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, is guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 509 (CHAPTER 211, AB 71)κ
(e) With intent to defraud, either forges, materially alters or counterfeits a credit card is guilty of a felony [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not less than $5,000, or by both fine and imprisonment.
(f) Knowingly uses or attempts to use for the purpose of obtaining goods, property, services or anything of value a credit card which was obtained or is held by the user, under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, is also guilty [of a misdemeanor if] where the total amount of goods, property or services or other things of value so obtained by such person [does not exceed $100, or is also guilty of a felony if the total amount of goods, property or services or other things of value so obtained by such person exceeds $100.] is:
(1) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(2) Less than $100, of a misdemeanor.
3. Every person who knowingly and with intent to defraud uses for the purpose of obtaining goods, property or services, or anything of value, a credit card which has been revoked or canceled by the issuer thereof (as distinguished from expired), and notice of such revocation or cancellation has been given to such person, is guilty [of a misdemeanor if] where the total amount of goods, property or services or other things of value so obtained thereafter by such person [does not exceed $100; and is guilty of a felony if the total amount of goods, property or services or other things of value so obtained thereafter by such person exceeds $100.] is:
(a) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Less than $100, of a misdemeanor.
Sec. 178. NRS 205.510 is hereby amended to read as follows:
205.510 1. Any person who in renting or leasing personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operators license, is guilty of:
(a) A felony if the personal property is of a value of [$200] $100 or more [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) A misdemeanor if the personal property is of a value of less than [$200.] $100.
It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.
2. Any person who, after renting or leasing personal property under an agreement in writing which provides for the return of the personal property to a particular place or at a particular time, fails to return the personal property to such place within the time specified, and is thereafter personally served with a written demand, addressed to his last-known address, to return the personal property to the place specified in the written agreement within 72 hours from the time of the personal service by written demand, and who fails, with the intent temporarily or permanently to deprive the lessor of such property, to return such property to the lessor within such period, is guilty of:
κ1967 Statutes of Nevada, Page 510 (CHAPTER 211, AB 71)κ
property to a particular place or at a particular time, fails to return the personal property to such place within the time specified, and is thereafter personally served with a written demand, addressed to his last-known address, to return the personal property to the place specified in the written agreement within 72 hours from the time of the personal service by written demand, and who fails, with the intent temporarily or permanently to deprive the lessor of such property, to return such property to the lessor within such period, is guilty of:
(a) A felony if the personal property is of a value of [$200] $100 or more [.] and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) A misdemeanor if the personal property is of value of less than [$200.] $100.
It shall be a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such written demand was personally served that he failed to return the personal property to the place specified in the rental agreement within such 72-hour period.
Sec. 179. Section 22.5 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 22.5. A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that the goods covered by the document of title have not been received by him, or are not under his control at the time the document is issued, [is guilty of a crime, and upon conviction] shall be punished: [for each offense by imprisonment not exceeding 5 years, or by a fine not exceeding $5,000, or by both.]
1. Where the value of the goods purported to be covered by such document of title is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where such value is less than $100, for a misdemeanor.
Sec. 180. Section 23 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 23. A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that it contains any false statement, is guilty of a [crime, and upon conviction shall be punished for each offense by imprisonment not exceeding 1 year, or by a fine not exceeding $1,000, or by both.] gross misdemeanor.
Sec. 181. Section 24 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 24. Except as provided in section 1 of this act, a bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a duplicate or additional negotiable document of title, knowing that a former negotiable document for the same goods or any part of them is outstanding and uncanceled, [is guilty of a crime, and upon conviction] shall be punished: [for each offense by imprisonment not exceeding 5 years, or by a fine not exceeding $5,000, or by both.]
1. Where the value of the goods purported to be covered by such document of title is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 511 (CHAPTER 211, AB 71)κ
not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where such value is less than $100, for a misdemeanor.
Sec. 182. Section 25 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 25. Except as provided in section 1 of this act, a bailee, or any officer, agent or servant of a bailee, who delivers goods, knowing that they are covered by an outstanding document of title, the negotiation of which would transfer the right to possession thereof, without obtaining the negotiable document, is guilty of a [crime, and upon conviction shall be punished for each offense by imprisonment not exceeding 1 year, or by a fine not exceeding $1,000, or by both.] gross misdemeanor.
Sec. 183. Section 26 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 26. A warehouseman, or any officer, agent or servant of a warehouseman, in possession of goods which he owns in part, wholly or jointly, who issues a negotiable warehouse receipt therefor, without noting his ownership on the receipt, is guilty of a [crime, and upon conviction shall be punished for each offense by imprisonment not exceeding 1 year, or by a fine not exceeding $1,000, or by both.] gross misdemeanor.
Sec. 184. Section 27 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 27. Every person who, with intent to defraud, obtains a negotiable document of title for goods to which he does not have title, or which are subject to a security interest, and negotiates the document for value, without disclosing his want of title or the existence of the security interest, [is guilty of a crime, and upon conviction] shall be punished: [for each offense by imprisonment not exceeding 1 year, or by a fine not exceeding $1,000, or by both.]
1. Where the value of the goods purported to be covered by such document of title is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where such value is less than $100, for a misdemeanor.
Sec. 185. Section 28 of chapter 353, Statutes of Nevada 1965, at page 927, is hereby amended to read as follows:
Section 28. Every person who, with intent to defraud, secures the issue by a bailee of a negotiable document of title, knowing at the time of issue that any or all of the goods are not in possession of the bailee, by inducing the bailee to believe that the goods are in the bailees possession, [is guilty of a crime, and upon conviction] shall be punished: [for each offense by imprisonment not exceeding 5 years, or by a fine not exceeding $5,000, or by both.]
1. Where the value of the goods purported to be covered by the document of title is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where such value is less than $100, for a misdemeanor.
Sec. 186. Section 29 of chapter 353, Statutes of Nevada 1965, at page 928, is hereby amended to read as follows:
Section 29. Every person who, with intent to defraud, negotiates or transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee which issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, [is guilty of a crime, and upon conviction] shall be punished: [for each offense by imprisonment not exceeding 5 years, or by a fine not exceeding $5,000, or by both.]
κ1967 Statutes of Nevada, Page 512 (CHAPTER 211, AB 71)κ
transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee which issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, [is guilty of a crime, and upon conviction] shall be punished: [for each offense by imprisonment not exceeding 5 years, or by a fine not exceeding $5,000, or by both.]
1. Where the value of the goods purported to be covered by such document of title is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where such value is less than $100, for a misdemeanor.
Sec. 187. Section 30 of chapter 353, Statutes of Nevada 1965, at page 928, is hereby amended to read as follows:
Section 30. A vendor of any stock of goods in bulk, fixtures, wares or merchandise of any kind, or any person who is acting for or on behalf of a vendor, who knowingly or willfully makes or delivers or causes to be made or delivered a statement as provided for in section 1 of this act, which does not include the names of all of the creditors of such vendor, with the correct amount due and to become due to each of them, or which contains any false or untrue statement, is guilty of a misdemeanor. [, and upon conviction shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine not exceeding $500, or by both.]
Sec. 188. NRS 206.010 is hereby amended to read as follows:
206.010 Whenever any persons unlawfully assembled shall pull down or destroy any dwelling house or other building, or any shop, steamboat, vessel or other property, they severally [shall be punished by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $1,000.] are guilty of a public offense proportionate to the value of the property damaged or destroyed.
Sec. 189. NRS 206.060 is hereby amended to read as follows:
206.060 Any person who shall willfully, unlawfully or maliciously pull down, deface, injure or destroy any gate, post, railing or fence, or any part thereof, shall be guilty of a [misdemeanor.] public offense proportionate to the value of the loss resulting therefrom.
Sec. 190. (There is no section 190.)
Sec. 191. NRS 206.110 is hereby amended to read as follows:
206.110 Every person who shall willfully and maliciously remove, damage or destroy a sewer or drain, or a pipe or main connected therewith or forming a part thereof, shall be guilty of a [misdemeanor.] public offense proportionate to the value of the loss resulting therefrom.
Sec. 192. NRS 206.120 is hereby amended to read as follows:
206.120 1. Every person who shall willfully and maliciously remove, damage or destroy a pipe or main for conducting gas, water or oil, or any works erected for the purpose of supplying buildings therewith, or any appurtenance or appendage thereto, shall be guilty of a [misdemeanor.] public offense proportionate to the value of the loss resulting therefrom.
2. Any person who shall willfully and maliciously shoot and destroy any telephone or electric powerline insulator, any other public utility powerline insulator or any telephone or powerline cable shall be guilty of a [misdemeanor.] public offense proportionate to the value of property damaged or destroyed.
κ1967 Statutes of Nevada, Page 513 (CHAPTER 211, AB 71)κ
Sec. 193. Chapter 206 of NRS is hereby amended by adding thereto the provisions set forth as sections 194 and 195 of this act.
Sec. 194. Every person who willfully and maliciously:
1. Cuts down, destroys or injures any wood, timber, grain, grass or crop, standing or growing, or which has been cut down and is lying upon the lands of another, or of the state;
2. Cuts down, laps, girdles or otherwise injures or destroys a fruit, shade or ornamental tree standing on the land of another, or of the state, or in any road or street; or
3. Cuts down, destroys or in any way injures any shrub, tree, vine or garden produce grown or growing within any orchard, garden, vineyard or yard, or any framework or erection therein,
is guilty of a public offense proportionate to the value of the loss resulting therefrom.
Sec. 195. Every person who willfully and maliciously:
1. Damages or defaces any building or part thereof, or throws any stone or other missile at any building or part thereof, thereby damaging the same in any way;
2. Breaks, destroys or injures the door or window of any dwelling house, shop, store or other house or building, or severs therefrom, or from any gate, fence or enclosure, any part thereof, or any material of which it is formed or anything attached thereto;
3. Severs from the freehold any produce thereof; or
4. Removes, damages or destroys any public building, or building used for educational, scientific, charitable or religious purpose, or any useful or ornamental thing therein,
is guilty of a public offense proportionate to the value of the property damaged or destroyed.
Sec. 196. NRS 206.140 is hereby amended to read as follows:
206.140 Every person who shall willfully and maliciously:
1. Injure, mark or deface any church edifice, or other building, public or private, its fixtures, books or appurtenances; or
2. Commit any nuisance therein; or
3. Commit any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the same; or
4. In any manner interfere with or disturb those peaceably assembled within such building or buildings,
shall be guilty of a public offense proportionate to the value of the property damaged or destroyed, but in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $200, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 197. NRS 206.150 is hereby amended to read as follows:
206.150 Every person who shall willfully and maliciously kill, maim or disfigure any animal belonging to another, or expose any poison or noxious substance with intent that it should be taken by such animal, shall be guilty of a public offense proportionate to the value of the loss resulting therefrom but in no event less than a gross misdemeanor.
Sec. 198. NRS 206.170 is hereby amended to read as follows:
206.170 Every person who shall willfully and maliciously destroy or damage, with intent to prevent or delay the use thereof, any engine, machine, tool or implement intended for use in trade or husbandry shall be guilty of a [misdemeanor.]
κ1967 Statutes of Nevada, Page 514 (CHAPTER 211, AB 71)κ
machine, tool or implement intended for use in trade or husbandry shall be guilty of a [misdemeanor.] public offense proportionate to the value of the engine, machine, tool or implement destroyed or damaged.
Sec. 199. NRS 206.180 is hereby amended to read as follows:
206.180 Every person who shall willfully and maliciously remove, damage or destroy any work of literature or art or copy thereof, object of curiosity or scientific interest, statue, picture or engraving displayed, kept or erected in any public building, street, park or other public place, or in any collection, exhibition, museum, fair, gallery or library, or in any building devoted to educational, scientific, charitable or religious purposes, shall be guilty of a [misdemeanor.] public offense proportionate to the value of the loss resulting therefrom.
Sec. 200. NRS 206.190 is hereby amended to read as follows:
206.190 Every person who shall willfully and maliciously remove, damage or destroy a monument erected in any cemetery, street, park or other public place shall be guilty of a [misdemeanor.] public offense proportionate to the value of the monument removed, damaged or destroyed.
Sec. 201. NRS 206.200 is hereby amended to read as follows:
206.200 Any person who shall willfully, unlawfully or maliciously:
1. Without the consent of the owner, agent or occupant of the premises or property herein mentioned, deface, disfigure or cover up any fruit tree or ornamental tree, fence, wall, house, shop or building, the property of another, by pasting upon, or in any way fastening thereto, any printed bill, signboard, show poster or other device whatsoever; or
2. Without a written permit from the board of county commissioners in the county wherein such written permit may be issued, deface, disfigure or cover up by pasting upon, or in any way fastening thereto, any printed bill, signboard, show poster or other device whatsoever upon any public building, monument, gravestone, ornamental tree or other object or property under the supervision and control of the board of county commissioners of the respective counties in this state, or under the supervision and control of any municipal government, or of any association or society whatsoever [,] ; or
3. Place upon or affix to any real property, or any rock, tree, wall, fence or other structure thereupon, without the consent of the owner thereof, any word, character or device designed to advertise any article, business, profession, exhibition, matter or event,
shall be guilty of a misdemeanor.
Sec. 202. NRS 206.220 is hereby amended to read as follows:
206.220 1. Every person who shall willfully and maliciously:
[1.] (a) Remove any monument of stone, wood or other durable material erected for the purpose of designating the corner, or any other point, in the boundary of any lot or tract of land, mining claim or claims, or any post or stake fixed or driven in the ground for the purpose of designating a point in the boundary of any lot or tract of land, mining claim or claims; or
[2.] (b) Alter the marks upon any tree, post or other monument made for the purpose of designating any point, course or line, in the boundary of any lot or tract of land, mining claim or claims; or
[3.] (c) Cut down or remove any tree upon which any such marks shall be made for such purpose, with the intent to destroy such marks,
κ1967 Statutes of Nevada, Page 515 (CHAPTER 211, AB 71)κ
shall be made for such purpose, with the intent to destroy such marks,
shall [, upon conviction, be adjudged guilty of a misdemeanor, and punished by fine of not more than $500, or imprisonment in the county jail for not more than 6 months.] be guilty of a public offense proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.
2. For purposes of this section, the value of the loss resulting therefrom means the cost of restoring or replacing the marks or monuments which have been removed, altered or destroyed.
Sec. 203. NRS 206.240 is hereby amended to read as follows:
206.240 Every person employed by any person or corporation engaged wholly or in part in the business of carrying passengers or baggage for hire, and every express agent, stage driver, drayman, expressman or hackman who shall willfully or carelessly break, injure or destroy any trunk, valise, box, package or other baggage, shall be guilty of a [misdemeanor.] public offense proportionate to the value of the trunk, valise, box, package or other baggage damaged or destroyed.
Sec. 204. NRS 206.250 is hereby amended to read as follows:
206.250 Every person who shall willfully, unlawfully and maliciously:
1. Injure or destroy any pile or raft of wood, plank, boards or other lumber, or any part thereof, or cut loose or set adrift any such raft or part thereof; or
2. Cut, break, destroy, injure, sink or set adrift any steamer, boat, canoe, skiff, or other vessel, watercraft or sailing craft, being the property of another,
[shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months.] is guilty of a public offense proportionate to the value of the loss resulting therefrom.
Sec. 205. NRS 206.270 is hereby amended to read as follows:
206.270 1. If any person shall intentionally deface, obliterate, tear down or destroy, in whole or in part, any copy or transcript, or extract from or of any law of the United States, or of this state, or any proclamation, advertisement or notification, set up at any place in this state by authority of any law of the United States, or of this state, or by order of any court, such person, on conviction, shall be fined not [less than $20 nor more than $100, or shall be imprisoned in the county jail for not more than 1 month.] more than $500.
2. This section shall not extend to defacing, tearing down, obliterating or destroying any law, proclamation, publication, notification, advertisement or order after the time for which the same was by law to remain set up shall have expired.
Sec. 206. NRS 206.290 is hereby amended to read as follows:
206.290 Every person who shall:
1. Willfully open or read, or cause to be read, any sealed letter, message or telegram, not addressed to himself, without being authorized so to do either by the writer of the same or by the person to whom it shall be addressed, [shall, upon conviction, be punished by a fine not exceeding $1,000.] is guilty of a gross misdemeanor.
2. Maliciously publish the whole or any part of such letter, message or telegram, without the authority of the writer thereof or of the person to whom the same shall be addressed, knowing the same to have been so opened, [shall, upon conviction, be punished by a fine not exceeding $1,000.]
κ1967 Statutes of Nevada, Page 516 (CHAPTER 211, AB 71)κ
or telegram, without the authority of the writer thereof or of the person to whom the same shall be addressed, knowing the same to have been so opened, [shall, upon conviction, be punished by a fine not exceeding $1,000.] is guilty of a gross misdemeanor.
Sec. 207. NRS 206.300 is hereby amended to read as follows:
206.300 Every person who, in such manner as might, if not discovered, endanger a vessel, railway engine, motor, train or car, shall show, mask, extinguish, alter or remove any light or signal, or exhibit any false light or signal, shall be punished: [by imprisonment in the state prison for not more than 10 years.]
1. Where physical injury or property damage results therefrom, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. Otherwise, for a gross misdemeanor.
Sec. 208. NRS 206.310 is hereby amended to read as follows:
206.310 Every person who shall willfully or maliciously destroy or injure any real or personal property of another, for the destruction or injury of which no special punishment is otherwise specially prescribed, shall [:
1. If the value of the property destroyed, or the diminution in value by the injury, shall be less than $20, be guilty of a misdemeanor.
2. If the value of the property destroyed, or the diminution in value by the injury, shall be $20 or more, be guilty of a gross misdemeanor.] be guilty of a public offense proportionate to the value of the property affected or the loss resulting from such offense.
Sec. 209. NRS 207.010 is hereby amended to read as follows:
207.010 1. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who shall previously have been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years.
2. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who shall previously have been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life.
3. Conviction under this section shall operate only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4. It is within the discretion of the district attorney whether or not to include a count under this section in any information, and the trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
κ1967 Statutes of Nevada, Page 517 (CHAPTER 211, AB 71)κ
5. In proceedings under this section, each previous conviction shall be alleged in the accusatory pleading charging the primary offense, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of such conviction be read in the presence of a jury trying such offense.
[4.] 6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of such previous conviction after hearing all relevant evidence presented on such issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
[5.] 7. Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
[6.] 8. Presentation of an exemplified copy of the official record of judgment of a felony conviction shall be prima facie evidence of conviction of a prior felony.
Sec. 210. NRS 207.030 is hereby amended to read as follows:
207.030 1. [Every idle or dissolute person:
(a) Without visible or known means of living, who has the physical ability to work, who engages in vice or associates with persons known to engage in vice or associates with known cheaters of gaming establishments, and who does not use due diligence to seek employment, nor labor when employment is offered to him; or
(b) Who roams about the country from place to place without any lawful business; or
(c) Who wanders about the streets at late and unusual hours of the night, or prowls around dark alleys, byways, and other dark or unfrequented places at any hour of the night, without any legitimate business in so doing; or
(d) Who lodges in any barn, shed, shop, outhouse or place other than that kept for lodging purposes, without the permission of the owner or person entitled to the possession thereof,
is a vagrant.
2. Every associate of known thieves who wanders about the streets at late and unusual hours of the night, or prowls around dark alleys, byways, and other dark or unfrequented places at any hour of the night, without any legitimate business in so doing, is a vagrant.
3. Every healthy begger who solicits alms as a business is a vagrant.
4. Every person who makes a practice of going from house to house begging food, money or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises, is a vagrant.
5. Every person who keeps a place where lost or stolen property is concealed is a vagrant.
6. Every common drunkard who is in the habit of lying around the streets, alleys, sidewalks, saloons, barrooms or other public places in a state of intoxication is a vagrant.
7. Every pimp, panderer, procurer or procuress is a vagrant.
8. Every lewd or dissolute male person who lives in or about houses of prostitution or solicits for any prostitute or house of prostitution is a vagrant.
κ1967 Statutes of Nevada, Page 518 (CHAPTER 211, AB 71)κ
of prostitution or solicits for any prostitute or house of prostitution is a vagrant.
9. Every lewd and dissolute female person known as a streetwalker, or common prostitute, who shall upon the public streets, or in or about any public place or assemblage, or in any saloon, barroom, clubroom or any other public or general place of resort for men, or anywhere within the sight or hearing of ladies or children, conduct and behave herself in an immodest, drunken, indecent, profane or obscene manner, either by actions, language or improper exposure of her person, is a vagrant.
10. Every boy or male person under the age of 21 years who:
(a) Habitually remains away from his home or place of residence after 9 p.m.:
(1) Without some lawful and necessary business or other imperative duty, or good and sufficient reason or cause for such absence from home after such hour; or
(2) For his own amusement and pastime without any legitimate business for so doing, frequents and passes his time in any billiard room or other place where any such games are played, or any saloon or other place where intoxicating liquor is sold or drunk; or
(b) At any hour of the night or day, for his own amusement and pastime, without any legitimate business for so doing, frequents or loafs around any low den, house or other place of vice, infamy or immorality, where known thieves and other vicious and infamous persons resort or congregate; or
(c) At any hour of the night, either alone or otherwise, prowls about the streets or town, disturbing the peace and quiet of the neighborhood by loud or unnecessary noise, or committing petty depredations, tricks or pranks upon the person or property of other people, or by abusive, obscene or insulting language, or by any manner of rowdyism whatsoever, disturbs or annoys the passer-by, any lawful assemblage of persons, or the neighborhood at large,
is a vagrant.
11. A vagrant shall be punished by imprisonment in the county jail for not more than 3 months, or by a fine of not more than $300, or by both fine and imprisonment.] Every person is a vagrant who:
(a) Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) Solicits any act of prostitution;
(c) Is a pimp, panderer or procurer or lives in or about houses of prostitution;
(d) Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;
(e) Goes from house to house begging food, money or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
(f) Keeps a place where lost or stolen property is concealed;
(g) Loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;
(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification;
κ1967 Statutes of Nevada, Page 519 (CHAPTER 211, AB 71)κ
apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification;
(i) Is found in any public place under the influence of intoxicating liquor, or any drug, or the combined influence of intoxicating liquor and any drug, in such a condition that he is unable to exercise care for his own safety or the safety of others, or by reason of his being under the influence of intoxicating liquor, or any drug, or the combined influence of intoxicating liquor and any drug, interferes with or obstructs or prevents the free use of any street, sidewalk or other public way;
(j) Loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or
(k) Lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof.
2. Every vagrant is guilty of a misdemeanor.
Sec. 211. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) [Any person who, in the State of Nevada, or elsewhere, has been or hereafter is adjudicated, or is convicted of being, a drug addict, as such term is or may be defined in the laws of Nevada.
(d)] Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, [199.400, 200.360, 201.010,] 201.120 to [201.230,] 201.170, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 020.040, [202.050, 202.090,] 202.100, [202.190] 202.200 to 202.230, inclusive, 212.170, 212.180, 433.640, 451.010 to 451.040, inclusive, 452.300, [453.340 to 453.410, inclusive,] 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.100, 647.110, 647.120, 647.130, and 647.140, and section 99 of this act, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
κ1967 Statutes of Nevada, Page 520 (CHAPTER 211, AB 71)κ
201.420, 202.010, 020.040, [202.050, 202.090,] 202.100, [202.190] 202.200 to 202.230, inclusive, 212.170, 212.180, 433.640, 451.010 to 451.040, inclusive, 452.300, [453.340 to 453.410, inclusive,] 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, 647.100, 647.110, 647.120, 647.130, and 647.140, and section 99 of this act, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
[(e)] (d) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 212. NRS 207.150 is hereby amended to read as follows:
207.150 Any person violating the provisions of NRS 207.080 to 207.150, inclusive, [shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 6 months, or by both fine and imprisonment.] is guilty of a misdemeanor.
Sec. 213. NRS 207.151 is hereby amended to read as follows:
207.151 Sex offender as used in NRS 207.151 to 207.157, inclusive, means any person who, after July 1, 1956, has been or is convicted of:
1. Assault with intent to commit rape or the infamous crime against nature under NRS 200.400.
2. A violation of any of the provisions of NRS [200.360, 201.010,] 201.180, 201.190 or 201.210 to 201.230, inclusive [.] , or section 55 of subsection 2 of section 56 of this act.
3. An attempt to commit any offense listed in subsections 1 and 2.
4. An offense in any place other than the State of Nevada which, if committed in this state, would be punishable as an offense listed in subsections 1, 2 and 3.
Sec. 214. NRS 207.160 is hereby amended to read as follows:
207.160 1. It shall be unlawful for any person to loiter in any public place, or on any sidewalk, street, road or highway, while under the influence of liquor.
2. Any person violating the provisions of subsection 1 [shall, upon conviction for a first offense, be punished by a fine of not less than $5 nor more than $25, and upon conviction of a second offense, committed within 60 days of the commission of the first offense, shall be punished by imprisonment in the county jail for not less than 5 days nor more than 25 days] is guilty of a misdemeanor.
Sec. 215. NRS 207.170 is hereby amended to read as follows:
207.170 1. It shall be unlawful for any person, firm, corporation or association to publish, disseminate or display, or cause directly or indirectly to be published, disseminated or displayed, in any manner or by any means, including solicitation or dissemination by mail, telephone or door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto.
κ1967 Statutes of Nevada, Page 521 (CHAPTER 211, AB 71)κ
door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto.
2. Nothing in this section shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer, distributor or owner of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character.
3. Any person, firm, or any officer or managing agent of any corporation or association, who shall violate the provisions of subsection 1 shall, upon conviction, be punished:
(a) For the first [offense, by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail for not less than 30 days nor more than 90 days, or by both fine and imprisonment.
(b) For the second offense, by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 60 days nor more than 6 months, or by both fine and imprisonment.
(c) For the third offense, by a fine of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not less than 90 days nor more than 1 year, or by both fine and imprisonment.] or second offense, for a misdemeanor.
(b) For the third offense and all subsequent offenses, for a gross misdemeanor.
4. The attorney general or the district attorneys of the several counties may bring an action in the district court to restrain and prevent any person from violating any provision of this section.
5. Any person who violates any order or injunction issued pursuant to this section [shall be subject to a fine of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not less than 90 days nor more than 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 216. NRS 207.180 is hereby amended to read as follows:
207.180 1. Any person who shall knowingly send or deliver any letter or writing:
(a) Threatening to accuse another of a crime or misdemeanor, or to expose or publish any of his infirmities or failings, with intent to extort money, goods, chattels or other valuable thing; or
(b) Threatening to maim, wound, kill or murder, or to burn or destroy his house or other property, or to accuse another of a crime or misdemeanor, or expose or publish any of his infirmities, though no money, goods, chattels or other valuable thing be demanded,
[shall, on conviction, be fined in a sum not exceeding $500, and imprisoned in the county jail not exceeding 6 months.] is guilty of a misdemeanor.
2. Any person who:
κ1967 Statutes of Nevada, Page 522 (CHAPTER 211, AB 71)κ
(a) Writes and sends, or writes and delivers, either through the mail, express, by private parties or otherwise, any anonymous letter, or any letter bearing a fictitious name, charging any person with crime; or
(b) Writes and sends any anonymous letter or letters bearing a fictitious name, containing vulgar or threatening language, obscene pictures, or containing reflections upon his standing in society or in the community,
[shall, on conviction, be fined in a sum not exceeding $500, and imprisoned in the county jail not exceeding 6 months.] is guilty of a misdemeanor.
3. No person convicted of violating the provisions of subsection 1 or 2 may be released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 217. NRS 207.190 is hereby amended to read as follows:
207.190 [Every person who,] 1. It is unlawful for any person, with intent to compel another to do or abstain from doing an act which such other person has a right to do or abstain from doing, [shall wrongfully and unlawfully:] to:
[1.] (a) Use violence or inflict injury upon such other person or any of his family, or upon his property, or threaten such violence or injury; or
[2.] (b) Deprive such person of any tool, implement or clothing, or hinder him in the use thereof; or
[3.] (c) Attempt to intimidate such person by threats or force. [, shall be guilty of a misdemeanor.]
2. Any person who violates the provisions of subsection 1 shall be punished:
(a) Where physical force or the immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where no physical force or immediate threat of such force is used, for a misdemeanor.
Sec. 218. NRS 207.250 is hereby amended to read as follows:
207.250 1. It is unlawful for any person, firm, company or corporation to sell, offer to sell, or display for sale any motor vehicle unless such person, firm, company or corporation is either:
(a) The legal or registered owner of such vehicle;
(b) A repossessor of such vehicle, or holder of a statutory lien on such vehicle, selling the vehicle on a bid basis; or
(c) Manufacturer or dealer licensed under the provisions of chapter 482 of NRS.
2. The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by law.
3. Any person who violates any of the provisions of this section [is guilty of a misdemeanor.] shall be punished:
(a) Where the value of the vehicle so sold is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Otherwise, for a misdemeanor.
κ1967 Statutes of Nevada, Page 523 (CHAPTER 211, AB 71)κ
Sec. 219. NRS 207.260 is hereby amended to read as follows:
207.260 Any person who annoys or molests any minor under the age of 18 years is guilty of a misdemeanor. [, and shall be punished for the first offense by a fine of not more than $500 or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.] For the second and each subsequent offense he shall be punished by imprisonment in the state prison for not less than 1 year [or] nor more than [10] 6 years.
Sec. 220. NRS 207.270 is hereby amended to read as follows:
207.270 Any person who, without legitimate reason to supervise any of such children or other legitimate reason to be at leisure in such place, loiters about any school or public place at or near which children attend or normally congregate is guilty of a misdemeanor. [and shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.]
Sec. 221. NRS 207.280 is hereby amended to read as follows:
207.280 Every person who reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the Nevada highway patrol that a felony or misdemeanor has been committed, or disseminates such a report by any medium of public communication, knowing such report to be false, is guilty of a misdemeanor. [, and upon conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 222. NRS 207.290 is hereby amended to read as follows:
207.290 Every person who:
1. Gives, offers or promises to give, or attempts to give or offer, any compensation, gratuity or thing of value, or any promise thereof, to any participant or player or any judge, referee, manager or other official of a sporting event or contest; or
2. Asks or receives or offers to receive directly or indirectly any compensation, gratuity, reward or thing of value or any promise thereof, as a participant or player, or as a judge, referee, manager or other official of a sporting event or contest,
with the intention, understanding or agreement that the player or participant or judge, referee, manager or other official of the sporting event will not use his best efforts to win, or will so conduct himself as to limit his or his teams margin of victory, or will corruptly judge, referee, manage or otherwise officiate the sporting event or contest with the intention or purpose that the result of the sporting event will be affected thereby, is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
Sec. 223. NRS 210.280 is hereby amended to read as follows:
210.280 Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling him to elude pursuit, [is guilty of a misdemeanor.] shall be punished:
1. Where a dangerous weapon is used by such person to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1967 Statutes of Nevada, Page 524 (CHAPTER 211, AB 71)κ
2. Where no dangerous weapon is used, for a gross misdemeanor.
Sec. 224. NRS 210.710 is hereby amended to read as follows:
210.710 Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling her to elude pursuit, [is guilty of a misdemeanor.] shall be punished:
1. Where a dangerous weapon is used by such person to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
2. Where no dangerous weapon is used, for a gross misdemeanor.
Sec. 225. NRS 212.020 is hereby amended to read as follows:
212.020 1. Every jailer or person who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody shall be [fined in any sum not exceeding $2,000, and be removed from office.] punished:
(a) Where the prisoner suffers substantial bodily harm from such inhumanity or oppression, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Where no substantial bodily harm results, for a gross misdemeanor.
2. Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of such willful inhumanity is guilty of a malfeasance in office.
Sec. 226. NRS 212.090 is hereby amended to read as follows:
212.090 Every prisoner confined in a prison, or being in the lawful custody of an officer or other person, who shall escape or attempt to escape from such prison or custody, if he is held on a charge, conviction or sentence of:
1. A felony, shall be [guilty of a felony.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. A gross misdemeanor or misdemeanor, shall be [guilty of a misdemeanor.] punished:
(a) Where a dangerous weapon is used to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where no dangerous weapon is used, for a gross misdemeanor.
Sec. 227. NRS 212.100 is hereby amended to read as follows:
212.100 Every person who, with intent to effect or facilitate the escape of a prisoner, whether such escape shall be effected or attempted or not, shall convey or send to a prisoner any information or aid, or convey or send into a prison any disguise, instrument, weapon or other thing, or aid or assist a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person, shall be [guilty of a felony] punished if such prisoner is held upon a charge, arrest, commitment, conviction or a sentence: [for felony, and shall be guilty of a misdemeanor if such prisoner is held upon a charge, arrest, commitment, conviction or sentence for a gross misdemeanor or misdemeanor.]
1. For a felony, by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. For a gross misdemeanor or misdemeanor:
(a) Where a dangerous weapon is used to effect or facilitate the escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
κ1967 Statutes of Nevada, Page 525 (CHAPTER 211, AB 71)κ
or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where no dangerous weapon is used, for a gross misdemeanor.
Sec. 228. NRS 212.110 is hereby amended to read as follows:
212.110 Every person who [shall allow] willfully allows a prisoner lawfully in his custody to escape, or [shall connive at or assist] connives at or assists such escape, or [shall omit] willfully omits any act or duty by reason of which omission such escape is occasioned, contributed to or assisted, shall, if he connive at or assist such escape, be [guilty of a felony;] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years; and in any other case, is guilty of a gross misdemeanor.
Sec. 229. NRS 212.120 is hereby amended to read as follows:
212.120 Every officer who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or promise thereof, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape shall be attempted or not, or shall commit any unlawful act tending to hinder justice, shall be [guilty of a gross misdemeanor.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 230. NRS 212.130 is hereby amended to read as follows:
212.130 [Every person who shall conceal, or harbor for the purpose of concealment, a prisoner who has escaped or is escaping from custody shall be guilty of a felony if the prisoner is held upon a charge or conviction or sentence of felony, and of a misdemeanor if the prisoner is held upon a charge or conviction of a gross misdemeanor or misdemeanor.] Every person who knowingly conceals, or harbors for the purpose of concealment, a prisoner who has escaped or is escaping from custody shall be punished, according to the charge or conviction or sentence upon which such prisoner was held:
1. By imprisonment in the state prison for not less than 1 year nor more than 10 years, if such prisoner was held for a felony.
2. For a gross misdemeanor, if such prisoner was held for a gross misdemeanor.
3. For a misdemeanor, if such prisoner was held for a misdemeanor.
Sec. 231. NRS 212.150 is hereby amended to read as follows:
212.150 1. No person shall visit, or in any manner communicate with, any prisoner convicted of or charged with any felony, imprisoned in the county jail, other than the officer having such prisoner in charge, his attorney, or the district attorney, except such person has a written permission so to do, signed by the district attorney, or has the consent of the constable, sheriff or warden having such prisoner in charge.
2. Any person violating, aiding in, conniving at, or participating in the violation of this section [shall, on conviction thereof, be punished by fine in any sum not exceeding $5,000, or imprisonment in the state prison not exceeding 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 232. NRS 212.160 is hereby amended to read as follows:
212.160 1. Any person, not authorized by law, who knowingly shall furnish, or attempt to furnish, or aid or assist in furnishing or attempting to furnish to any prisoner confined in the state prison, state prison farm, conservation honor camp, or any other place where prisoners are authorized to be or are assigned by the warden, any deadly weapon, explosives, any [deleterious narcotic or other drug or] deleterious substance or intoxicating liquor, shall be [deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not more than 2 years.]
κ1967 Statutes of Nevada, Page 526 (CHAPTER 211, AB 71)κ
prison farm, conservation honor camp, or any other place where prisoners are authorized to be or are assigned by the warden, any deadly weapon, explosives, any [deleterious narcotic or other drug or] deleterious substance or intoxicating liquor, shall be [deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not more than 2 years.] punished:
(a) Where a deadly weapon or explosive is involved, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where an intoxicant or other deleterious substance is involved, for a gross misdemeanor.
2. Knowingly leaving or causing to be left any such article where it may be obtained by any such prisoner shall be held to be, within the meaning of this section, the furnishing such article to such prisoner.
Sec. 233. NRS 212.170 is hereby amended to read as follows:
212.170 1. Any person who shall sell, barter exchange or in any manner dispose of [any opium, morphine, yen shee, cocaine, or any byproduct thereof, or] any spirituous or malt liquor or beverage to any person lawfully confined in any county or city jail [shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a period of not less than 1 year nor more than 5 years.] is guilty of a gross misdemeanor.
2. This section shall not apply to any physician prescribing or furnishing any such [drug or] liquor to any such person, when the [drugs or] liquor [are] is prescribed or furnished for medicinal purposes only.
Sec. 234. NRS 212.190 is hereby amended to read as follows:
212.190 If any person shall, willfully and intentionally, break down, pull down, or otherwise destroy or injure, in whole or in part, any public jail or other place of confinement, every person so offending [shall, on conviction, be fined in any sum not exceeding $10,000, nor less than the value of the jail or other place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act, and be imprisoned in the state prison for any term not exceeding 5 years nor less than 1 year.] is guilty of a public offense proportionate to the value of the loss resulting therefrom, and in no event less than a gross misdemeanor.
Sec. 235. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may release on parole a prisoner otherwise eligible for parole under this chapter only if, from all the information known to the board, it appears to the board:
1. That there is a reasonable probability that such prisoner will live and remain at liberty without violating the laws; and
2. That such release is not incompatible with the welfare of society.
Sec. 236. NRS 213.110 is hereby amended to read as follows:
213.110 1. Subject to the provisions of NRS 213.120, the board shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison and [who shall have served 1 calendar year, less good time credits, of the term for which he was sentenced and] who has not previously been more than three times convicted of a felony and served a term in a penal institution, or who is imprisoned in a county jail, may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison or county jail.
κ1967 Statutes of Nevada, Page 527 (CHAPTER 211, AB 71)κ
parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison or county jail.
2. The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolees active service after induction into the military service.
Sec. 237. NRS 213.120 is hereby amended to read as follows:
213.120 [1. No prisoner imprisoned under a verdict or judgment and sentence of life imprisonment without possibility of parole shall be eligible for parole.
2. No prisoner imprisoned under a verdict or judgment and sentence of life imprisonment shall be paroled until he has served at least 7 calendar years.
3. No prisoner imprisoned under a verdict or judgment and sentence of imprisonment for a term less than life pursuant to a statute which provides that the sentence shall be served without possibility of parole shall be eligible for parole.
4. No prisoner may be paroled until he has served the minimum term of imprisonment provided by law for the offense of which he was convicted, except that any prisoner whose minimum term of imprisonment is more than 1 year, other than a prisoner who has been sentenced for rape to a term of not less than 5 years which may extend to life, may be paroled at any time after the expiration of one-third of such minimum term, less good time credits, if he has served not less than 1 calendar year, less good time credits.] Except as otherwise limited by statute for certain specified offenses, a prisoner may be paroled when he has served:
1. One-fourth of the definite period of time for which he has been sentenced pursuant to section 239 of this act, less good time credits; or
2. One year,
whichever is longer.
Sec. 238. NRS 213.170 is hereby amended to read as follows:
213.170 Every person having taken a lawful oath, or made affirmation in an application for a pardon or commutation of punishment, or the remission of a fine or forfeiture, or for parole, who shall swear or affirm willfully, corruptly and falsely in any matter material to the issue or point in question or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than [14] 10 years.
Sec. 239. Chapter 178 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where a sentence of imprisonment is required or permitted by statute, the court shall sentence the defendant to imprisonment for a definite period of time within the maximum limit or the minimum and maximum limits provided by the applicable statute, taking due account of the gravity of the particular offense and of the character of the individual defendant.
κ1967 Statutes of Nevada, Page 528 (CHAPTER 211, AB 71)κ
Sec. 240. NRS 4.110 is hereby amended to read as follows:
4.110 Any justice of the peace who shall violate any of the provisions of NRS 4.080, 4.090 and 4.100 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 241. NRS 6.040 is hereby amended to read as follows:
6.040 Any person summoned as provided in this chapter to serve as such juror, who shall fail to attend and serve as such juror, shall, unless excused by the court, be fined [in a sum not exceeding $500, in the discretion of the court, and be imprisoned in the county jail until such fine be paid at the rate of $2 per day.] not more than $500.
Sec. 242. NRS 7.250 is hereby amended to read as follows:
7.250 1. It shall be unlawful for any person or persons within the State of Nevada, unless he or they be an attorney at law or attorneys at law, licensed and entitled to practice law under and by virtue of the laws of the State of Nevada, to solicit, influence or procure, or aid or participate in soliciting, influencing or procuring any person within this state to employ, hire or retain any attorney at law within this state for any legal service whatsoever, when such person or persons first hereinabove mentioned shall have, either before or after so soliciting, influencing or procuring, or aiding or participating therein as aforesaid, accepted or receive or have been offered or promised from such attorney last mentioned, either directly or indirectly, any benefit, service, money, commission, property or any other thing of value, as consideration therefor, or compensation therefor, or reward therefor, or remuneration therefor, or in recognition thereof.
2. Any person who violates any of the provisions of subsection 1 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be fined in a sum not less than $100 and not more than $500, or be imprisoned in the county jail not less than 1 month and not more than 6 months, or both.]
Sec. 243. NRS 19.100 is hereby amended to read as follows:
19.100 Any county clerk who violates any of the provisions of NRS 19.070, 19.080 or 19.090 [shall be guilty of a misdemeanor, and upon conviction] shall be punished by a fine not to exceed $1,000.
Sec. 244. NRS 34.680 is hereby amended to read as follows:
34.680 1. Any person having in his custody or under his restraint or power any person for whose relief a writ of habeas corpus shall have been duly issued pursuant to the provisions of this chapter, who, with the intent to elude the service of such writ or to avoid the effect thereof, shall transfer such person to the custody of another, or shall place him under the power or control of another or shall conceal or exchange the place of his confinement or restraint, or shall remove him without the jurisdiction of such judge, shall be deemed guilty of a gross misdemeanor. [, and fined in a sum not exceeding $5,000.]
2. Every person who shall knowingly aid or assist in the commission of any offense specified in subsection 1 shall be [deemed guilty of a misdemeanor, and] punished as in subsection 1 mentioned.
[3. Every person convicted of any offense under the provisions of subsections 1 and 2, in addition to the punishment therein mentioned, may be also imprisoned in the county jail for a term not exceeding 2 years.]
κ1967 Statutes of Nevada, Page 529 (CHAPTER 211, AB 71)κ
may be also imprisoned in the county jail for a term not exceeding 2 years.]
Sec. 245. NRS 90.190 is hereby amended to read as follows:
90.190 1. Any person who willfully and knowingly violates any provision of this chapter shall, upon conviction, be punished by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 3 years [,] or in the county jail for not more than 1 year, or by both such fine and imprisonment. No indictment or information may be returned under this chapter more than 5 years after the alleged violation.
2. The administrator may refer such evidence as is available concerning violations of this chapter to the attorney general, who may, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
Sec. 246. NRS 108.360 is hereby amended to read as follows:
108.360 Any person or persons incurring a bill upon a motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, without the authority of the owner thereof, or by misrepresentation, shall be guilty of a misdemeanor. [and shall be punished by a fine of not more than $100, or by imprisonment in the county jail for 30 days, or by both fine and imprisonment.]
Sec. 247. NRS 108.540 is hereby amended to read as follows:
108.540 1. For the purposes of NRS 108.540 and 108.550, unless the context otherwise requires, person means any individual, partnership, corporation or association.
2. Any person furnishing feed, pasture or otherwise boarding any animal or animals, at the request or with the consent of the owner or his representative, shall have a lien upon such animal or animals, and may retain possession thereof until the sum due for such feed, pasture or board has been paid. The lien herein created shall be subordinate only to such other liens of third persons as have been placed on record, as required by law, in the county where the feed, pasture or board was or is being furnished.
3. Before foreclosing the lien by sale, the person furnishing the feed, pasture or board shall mail a registered letter to the owner, or purported owner, of the animal or animals, at the owners, or purported owners last-known address. The letter shall demand payment of all moneys due and owing for the feed, pasture or board, and shall inform such owner that if payment is not made the lien will be foreclosed by sale. If payment is not made within 30 days from the date of mailing the registered letter, the lien may be foreclosed by sale, in the manner provided by NRS 108.550.
4. Any person who takes and drives away any such animal or animals, while in the possession of the person feeding, pasturing or boarding the same, without the consent of the person feeding, pasturing or boarding the same, and without first having paid all reasonable charges due thereon, is guilty of a misdemeanor. [, and upon conviction thereof shall be fined in any sum not exceeding the value of the animal or animals, but the fine may not be less than $50 regardless of the value of such animal or animals.] Nothing contained in this subsection shall be construed to release the owner of the animal or animals from the amount of any lien which may be due thereon, under this section.
κ1967 Statutes of Nevada, Page 530 (CHAPTER 211, AB 71)κ
release the owner of the animal or animals from the amount of any lien which may be due thereon, under this section.
Sec. 248. NRS 108.760 is hereby amended to read as follows:
108.760 Any person or persons incurring a bill upon a boat or vessel without the authority of the owner thereof, or by misrepresentation, shall be guilty of a misdemeanor. [and shall be punished by a fine of not more than $100, or by imprisonment in the county jail for 30 days, or by both fine and imprisonment.]
Sec. 249. NRS 122.200 is hereby amended to read as follows:
122.200 Any person who shall make a false statement in procuring a marriage license with reference to any matter required by NRS 122.040 and 122.050 to be stated under oath shall be guilty of a gross misdemeanor. [and shall be punished by imprisonment in the county jail for not more than 1 year or by a fine not to exceed $1,000, or by both imprisonment and fine.]
Sec. 250. NRS 122.220 is hereby amended to read as follows:
122.220 1. It shall be unlawful for any judge of a district court in his district, or justice of the peace in his county, or minister of any religious society or congregation, within this state, to join together as husband and wife persons allowed by law to be joined in marriage, until the persons proposing such marriage shall exhibit to him a license from the county clerk as provided by law.
2. Any judge of a district court, or justice of the peace, or minister violating the provisions of subsection 1 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for a period not exceeding 6 months, or by both fine and imprisonment.]
Sec. 251. NRS 122.230 is hereby amended to read as follows:
122.230 Every person solemnizing a marriage who shall fail or neglect to make and deliver to the recorder a certificate thereof, within the time specified in NRS 122.130, shall be guilty of a misdemeanor. [and shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for a period not less than 10 days nor more than 50 days, or by both fine and imprisonment.]
Sec. 252. NRS 122.240 is hereby amended to read as follows:
122.240 Every recorder who shall fail or neglect to record a marriage certificate as required by this chapter shall be guilty of a misdemeanor. [and shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for a period of not less than 50 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 253. NRS 122.250 is hereby amended to read as follows:
122.250 If any person shall willfully make any false certificate of any marriage or pretended marriage, he [shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 254. NRS 122.260 is hereby amended to read as follows:
122.260 If any person shall undertake to join others in marriage, knowing that he is not lawfully authorized so to do, or knowing of the existence of any legal impediment to the proposed marriage, he [shall be punished by a fine not exceeding $500 and shall be imprisoned in the county jail until the fine is paid.]
κ1967 Statutes of Nevada, Page 531 (CHAPTER 211, AB 71)κ
existence of any legal impediment to the proposed marriage, he [shall be punished by a fine not exceeding $500 and shall be imprisoned in the county jail until the fine is paid.] is guilty of a misdemeanor.
Sec. 255. NRS 125.290 is hereby amended to read as follows:
125.290 [The following marriages, if solemnized within this state, are void without any decree of divorce or annulment or other legal proceedings:
1.] All marriages which are prohibited by law because of:
[(a)] 1. Consanguinity between the parties; or
[(b)] 2. Either of the parties having a former husband or wife then living, [.
2. All marriages solemnized under the conditions set forth in NRS 201.010, if the putative husband is convicted under the provisions or NRS 201.010.]
if solemnized within this state, are void without any decree of divorce or annulment or other legal proceedings.
Sec. 256. NRS 126.300 is hereby amended to read as follows:
126.300 1. The failure of the father, without lawful excuse, to support the child where the same is not in his custody, and where paternity has been judicially established, or has been acknowledged by him in writing or by the part performance of his obligations, is a misdemeanor. [, punishable by fine not exceeding $500, or by imprisonment in the county jail for not exceeding 6 months, or by both fine and imprisonment.]
2. The failure of the parent to support the child where the same is in his or her custody shall be governed by the laws applicable to the failure to support a legitimate child.
Sec. 257. NRS 126.310 is hereby amended to read as follows:
126.310 The failure, without lawful excuse, of a father to comply with and carry out a judgment for the support of the child, whether the child be a resident in the jurisdiction where the judgment was rendered or not, is a misdemeanor. [punishable by a fine not exceeding $500, or by imprisonment in the county jail for not exceeding 6 months, or by both fine and imprisonment.]
Sec. 258. NRS 127.300 is hereby amended to read as follows:
127.300 1. Except as provided in NRS 127.285, any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of health and welfare under NRS 127.250 or 127.260, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. The natural parents and the adopting parents shall not be considered accomplices for the purpose of this section.
Sec. 259. NRS 218.560 is hereby amended to read as follows:
218.560 Ever person who fraudulently alters the draft of any bill or resolution which has been presented for enactment or adoption to either house of the legislature, with intent to procure its enactment or adoption by either house in language different from that intended by such house, [shall be guilty of a felony, and upon conviction thereof] shall be punished by a fine of not [less than $500 nor] more than $2,000, or imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 532 (CHAPTER 211, AB 71)κ
by either house in language different from that intended by such house, [shall be guilty of a felony, and upon conviction thereof] shall be punished by a fine of not [less than $500 nor] more than $2,000, or imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by both fine and imprisonment.
Sec. 260. NRS 218.570 is hereby amended to read as follows:
218.570 Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature, with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the superintendent of state printing in language different from that in which it was passed or adopted by the legislature, [shall be guilty of a felony, and upon conviction thereof] shall be punished by a fine of not [less than $500 nor] more than $2,000, or imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by both fine and imprisonment.
Sec. 261. NRS 218.580 is hereby amended to read as follows:
218.580 1. It shall be unlawful for any member of the legislature to become a contractor under any contract or order for supplies or any other kind of contract authorized by the legislature of which he is a member for the state or any department thereof, or the legislature or either house thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. It shall be unlawful for any member of the legislature to be interested in any contract made by the legislature of which he is a member, or to be a purchaser or to be interested in any purchase or sale made by the legislature of which he is a member.
3. Notwithstanding the provisions of subsections 1 and 2, any member of the legislature may sell, or enter into a contract to sell, to the state or any department thereof any item or commodity if such member is the only source of supply of such item or commodity within the state.
4. Any contract made in violation of the provisions of subsection 1 or 2 may be declared void at the instance of the state or of any other person interested in the contract except the member of the legislature prohibited in subsection 1 or 2 from making or being interested in the contract.
5. Any person violating the provisions of subsection 1 or 2, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both fine and imprisonment.]
Sec. 262. NRS 226.230 is hereby amended to read as follows:
226.230 If the state treasurer shall willfully neglect or refuse to perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of a misdemeanor [in office.] and shall be further punished as provided in NRS 197.230.
Sec. 263. NRS 227.330 is hereby amended to read as follows:
227.330 If the state controller shall willfully neglect or refuse to perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of a misdemeanor [in office.]
κ1967 Statutes of Nevada, Page 533 (CHAPTER 211, AB 71)κ
do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of a misdemeanor [in office.] and shall be further punished as provided in NRS 197.230.
Sec. 264. (Deleted by amendment.)
Sec. 265. (Deleted by amendment.)
Sec. 265. (Deleted by amendment.)
Sec. 267. NRS 239.300 is hereby amended to read as follows:
239.300 If any person shall:
1. Steal, embezzle, corrupt, alter, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, bond or contract; or
2. Knowingly or willfully, take off, discharge or conceal any issue, forfeited recognizance or other forfeiture; or
3. Forge, deface or falsify any document or instrument recorded, or any registered acknowledgment or certificate; or
4. Alter, deface or falsify any minute, document, book or any proceedings whatever of or belonging to any public office within this state;
he shall [, upon conviction,] be punished by imprisonment in the state prison for not less than 1 year nor more than [11] 10 years [and] , or by a fine [not exceeding] of not more than $5,000 [.] , or by both fine and imprisonment.
Sec. 268. NRS 239.310 is hereby amended to read as follows:
239.310 Every person who shall willfully and unlawfully remove, alter, mutilate, destroy, conceal or obliterate a record, map, book, paper, document or other thing filed or deposited in a public office, or with any public officer, by authority of law, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by a fine of not more than $1,000, or by both.
Sec. 269. NRS 239.330 is hereby amended to read as follows:
239.330 Every person who shall knowingly procure or offer any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in such office under any law of this state or of the United States, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by a fine of not more than $5,000, or by both.
Sec. 270. NRS 240.120 is hereby amended to read as follows:
240.120 1. Each notary public shall keep a fee book in his office in which he shall enter:
(a) The fees charged, in detail.
(b) The title of the matter, proceeding or action on which they are charged.
2. The fee book shall be open to public inspection.
3. Any notary public who shall violate any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 271. NRS 240.130 is hereby amended to read as follows:
240.130 1. No other fees shall be charged than those specially set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.
κ1967 Statutes of Nevada, Page 534 (CHAPTER 211, AB 71)κ
2. Any notary public who shall violate any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 272. NRS 244.310 is hereby amended to read as follows:
244.310 1. No member of the board of county commissioners shall be interested, directly or indirectly, in any property purchased for the use of the county, or in any purchase or sale of property belonging to the county, or in any contract made by the county for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes; but the board may purchase supplies for the county, not to exceed $30 in the aggregate, in any 1 month, from one of their number, when not to do so would be a great inconvenience, but the member from whom the supplies are purchased shall not vote upon the allowance of the bill.
2. [A violation of this section shall be a misdemeanor punishable by a fine of not less than $100 nor more than $500, and shall be cause for removal from office.] Any county commissioner who violates the provisions of this section is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.
Sec. 273. NRS 244.320 is hereby amended to read as follows:
244.320 1. Except as otherwise authorized by law, no member of any board of county commissioners shall be allowed to vote on any contract which extends beyond his term of office.
2. Any county commissioner violating the provisions of subsection 1 shall be deemed guilty of a misdemeanor. [, and on conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for 3 months, or by both fine and imprisonment.]
Sec. 274. NRS 244.366 is hereby amended to read as follows:
244.366 1. The board of county commissioners of any county having a population of 85,000 or more shall have the power, outside of the limits of incorporated cities and towns:
(a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:
(1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.
(2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.
(3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.
(4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.
κ1967 Statutes of Nevada, Page 535 (CHAPTER 211, AB 71)κ
necessary, useful or convenient for the treatment, purification or disposal of sewage.
(b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.
(c) To operate and maintain any such water facilities, sewer facilities, lands, rights in land and water rights.
(d) To sell, lease, donate for public use and otherwise dispose of such water facilities, sewer facilities, lands, rights in land and water rights.
(e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by such water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of such rates, fees, tolls or charges.
(f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of-way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.
(g) To provide for the disconnection of plumbing facilities from any such private sewage facilities and for the discontinuance and elimination of such private sewage facilities.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
3. This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.
4. Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 275. NRS 245.040 is hereby amended to read as follows:
245.040 1. Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which shall be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m.
κ1967 Statutes of Nevada, Page 536 (CHAPTER 211, AB 71)κ
for the transaction of public business, but nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.
2. Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer shall be kept open for the transaction of public business. Any order so made and entered shall require each office to be kept open for not less than 40 hours during each week, and shall not prevent the county clerk from closing his office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.
3. Any officer violating the provisions of this section shall be deemed guilty of a misdemeanor, [and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $30, or by imprisonment in the county jail not less than 5 days nor more than 15 days,] and if any officer mentioned in subsection 1 shall absent himself from his office except:
(a) When called away from his office by official duties; or
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave is office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy duly qualified to act in his absence,
there shall be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.
Sec. 276. NRS 245.080 is hereby amended to read as follows:
245.080 1. It shall be unlawful for any county officer 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 county interested, or of any other party interested in such contract, except the officer prohibited from making or being interested in such contract.
3. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office.
κ1967 Statutes of Nevada, Page 537 (CHAPTER 211, AB 71)κ
[, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.]
Sec. 277. NRS 245.090 is hereby amended to read as follows:
245.090 1. The several county officers of this state are expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any county warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the county.
2. Any county officer who violates any of the provisions of this section shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, and shall be imprisoned in the county jail for a term not less than 6 months nor more than 1 year.] A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
Sec. 278. NRS 245.100 is hereby amended to read as follows:
245.100 1. All county officers are prohibited from purchasing or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidences of indebtedness against the county, either directly or indirectly. No clerk or employee of any such officer or officers, nor the commissioners employed or to be employed to fund any county indebtedness shall be allowed to make any such purchase, sale or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain in any manner, for any county warrants, scrip, demands or other evidences of indebtedness, against the county.
2. Any person who violates any of the provisions of this section shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, and shall be imprisoned in the county jail for a term not less than 6 months nor more than 1 year.] A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
Sec. 279. NRS 246.080 is hereby amended to read as follows:
246.080 If any county clerk shall steal, embezzle, corrupt, alter, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, bond or contract, or shall, knowingly or willfully, take off, discharge or conceal any issue, forfeited recognizance or other forfeiture, or shall forge, deface or falsify any document or instrument recorded, or any registered acknowledgment or certificate, or shall alter, deface or falsify any minute, document, book or any proceedings whatever, of or belonging to any public office within this state, the person so offending [, and being thereof duly convicted,] shall be punished by imprisonment in the state prison for [a term of] not less than 1 year nor more than [11] 10 years, [and fined in any sum not exceeding $5,000.] or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 280. NRS 247.070 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 538 (CHAPTER 211, AB 71)κ
247.070 1. County recorders shall subscribe for such newspapers, at least one and not more than three, printed and published in their respective counties, as the board of county commissioners therein may select and determine.
2. Each county recorder shall:
(a) Receive and preserve every copy of the paper or papers so subscribed for; and
(b) From time to time, cause the same to be arranged properly and bound in volumes of convenient size in a substantial manner.
The volumes when bound shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his services in this behalf the county recorder shall receive the sum of $10 for each volume, and for neglect of the duties hereby imposed, he shall forfeit the sum of $50 to be recovered, with costs, in a civil action before any court, one-half of which shall be paid into the county school fund, and the other half to the person who shall prosecute such action to successful termination.
3. The county recorder of each county may microfilm each issue of the newspaper or newspapers subscribed for as provided in subsection 1 and keep a file of such microfilms in lieu of keeping a file of the newspapers.
4. The subscription price of such paper or papers, the binding of the several volumes thereof, the cost of microfilming, and the county recorders compensation for the care and preservation of the same shall be paid out of the general fund of the county, in the same manner that other charges are audited and allowed from such fund by the respective boards of county commissioners; but in any county in which the county recorder is compensated by a salary, the county recorder shall receive for such services no compensation additional to that of his salary, and the expense of procuring and filing such newspapers or microfilms shall be paid as stationery and books for the office of the county recorder are now paid for.
5. Any person who shall willfully abstract, destroy, mutilate or deface any such microfilm or number or volume of such newspaper purchased in pursuance of this section shall be deemed guilty of a misdemeanor. [, and shall be punished by a fine in a sum not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 281. NRS 247.100 is hereby amended to read as follows:
247.100 1. Each county recorder shall:
(a) Enter each document, instrument or paper filed in his office in a book to be known as the receiving book, in the order in which it is filed.
(b) Give to each document, instrument or paper thus filed its proper number in the order of filing.
(c) Write opposite the title, name or designation of such filing in the receiving book the date of filing, the file number so given to it, and the amount of fees collected for the recording or filing of the same, as the case may be.
(d) Upon request, issue his receipt for the fee, with the file number placed thereon.
κ1967 Statutes of Nevada, Page 539 (CHAPTER 211, AB 71)κ
2. The receiving book, when so kept, shall be the fee book of the county recorder for the matters mentioned in this section, and shall be open to the inspection of anyone desiring so to do.
3. The file number of each document, instrument or paper, as mentioned in this section, shall be placed on such document, instrument or paper at the time of filing, and on the official record when and where the same shall be recorded.
4. Any county recorder who shall willfully violate any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $500.
Sec. 282. NRS 247.370 is hereby amended to read as follows:
247.370 Any county recorder who shall violate any of the provisions of NRS 247.340, 247.350 and 247.360 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 283. NRS 247.400 is hereby amended to read as follows:
247.400 If any county recorder shall steal, embezzle, corrupt, alter, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, bond or contract, or shall, knowingly or willfully, take off, discharge or conceal any issue, forfeited recognizance or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registered acknowledgment or certificate, or shall alter, deface or falsify any minute, document, book or any proceedings whatever, of or belonging to any public office within this state, the person so offending [, and being thereof duly convicted,] shall be punished by imprisonment in the state prison for [a term of] not less than 1 year nor more than [11] 10 years, [and fined in any sum not exceeding $5,000.] or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 284. NRS 248.060 is hereby amended to read as follows:
248.060 If any sheriff or keeper of a jail shall willfully refuse to receive or arrest any person charged with a criminal offense, such sheriff or jailer [so offending shall, on conviction thereof, be fined in any sum not less than $1,000 nor more than $5,000, or imprisoned in the state prison not exceeding 5 years, and removed from office.] is guilty of a gross misdemeanor.
Sec. 285. NRS 248.070 is hereby amended to read as follows:
248.070 When any prisoner shall be committed to the county jail for trial, or for examination, or upon conviction for a public offense, or for disobedience to any writ, mandate, process or order of any court, such prisoner shall be actually confined in the jail until he is legally discharged. If he be permitted to go at large out of the jail, except by virtue of a legal order or process, it shall be an escape, and the sheriff or jailer permitting it shall be [deemed guilty of a misdemeanor, and may be] fined in any sum not exceeding $10,000.
Sec. 286. NRS 248.080 is hereby amended to read as follows:
248.080 Every sheriff, jailer or person who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody shall be [fined in any sum not exceeding $2,000, and be] removed from office [.] and punished:
1. Where the prisoner suffers substantial bodily harm, as defined in section 6 of this act, from such inhumanity or oppression, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 540 (CHAPTER 211, AB 71)κ
section 6 of this act, from such inhumanity or oppression, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Where no substantial bodily harm results, for a gross misdemeanor.
Sec. 287. NRS 248.260 is hereby amended to read as follows:
248.260 If any sheriff shall steal, embezzle, corrupt, alter, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, bond or contract, or shall, knowingly or willfully, take off, discharge, or conceal any issue, forfeited recognizance, or other forfeiture, or shall forge, deface or falsify any document or instrument recorded, or any registered acknowledgment or certificate, or shall alter, deface or falsify any minute, document, book or any proceedings whatever, of, or belonging to, any public office within this state, the person so offending, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term of not less than 1 year nor more than [11] 10 years, [and by fine in any sum not exceeding $5,000.] or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 288. NRS 248.330 is hereby amended to read as follows:
248.330 Any sheriff who shall violate any of the provisions of NRS 248.300, 248.310 and 248.320 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 289. NRS 248.410 is hereby amended to read as follows:
248.410 No sheriff shall be allowed to charge or receive any fee or compensation whatever for the return written upon any summons, subpena, writ of attachment, execution, order of sale or other paper. Any sheriff violating the terms of this section shall be [indicted, and upon conviction shall be fined in any sum not less than $300] punished by a fine of not more than $500 and shall be removed from office.
Sec. 290. NRS 251.100 is hereby amended to read as follows:
251.100 Any county auditor who shall violate any of the provisions of NRS 251.080 and 251.090 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 291. NRS 252.050 is hereby amended to read as follows:
252.050 1. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 2,500, district attorneys shall keep an office at the county seat of their county, which shall be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, designate the days and hours during which the office of the district attorney shall be kept open for the transaction of public business. Any order so made and entered shall require the office to be kept open for not less than 40 hours during each week for the transaction of public business. The provisions of this subsection shall not apply to a district attorney when called away from his office by official duties.
κ1967 Statutes of Nevada, Page 541 (CHAPTER 211, AB 71)κ
2. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United states were 2,500 or less, a district attorney shall not be required to keep an office at the county seat of the county, but may, at his own expense, locate, equip and maintain an office anywhere within the boundaries of the county. Any district attorney who locates, equips and maintains an office elsewhere than at the county seat of his county shall first give written notice thereof to the board of county commissioners. Any office so located, equipped and maintained shall be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof shall not apply to a district attorney when called away from his office by official duties.
3. Any district attorney violating the provisions of subsection 1 or 2 [shall be deemed] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $30, or by imprisonment in the county jail not less than 5 days nor more than 15 days.] If any district attorney shall absent himself from his office, except:
(a) When called away from his office by official duties; or
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy duly qualified to act in his absence,
there shall be withheld from his monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the district attorney for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving him reasonable notice and an opportunity to appear before the board and defend the charge against him.
4. Notwithstanding any other provision of this section, the district attorney in each county having a population of 700 or less, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of where he resides or where he keeps his office, shall:
(a) Attend all meetings, regular or special, of the board of county commissioners.
(b) Spend the hours from 9 a.m. to 5 p.m. of not less than 1 day each week at the county seat, and shall make himself available to the county officers during such hours. The district attorney shall select the day of the week for his attendance at the county seat and shall thereafter spend such day each week at the county seat.
Sec. 292. NRS 252.120 is hereby amended to read as follows:
252.120 1. No district attorney or partner thereof shall appear within his county as attorney in any criminal action, or directly or indirectly aid, counsel or assist in the defense in any criminal action, begun or prosecuted during his term; nor in any civil action begun or prosecuted during his term, in behalf of any person suing or sued by the state or any county thereof.
κ1967 Statutes of Nevada, Page 542 (CHAPTER 211, AB 71)κ
during his term, in behalf of any person suing or sued by the state or any county thereof.
2. This section shall apply with equal effect to any and all partners of district attorneys.
3. A violation of this section [is a misdemeanor, and] shall be punished by a fine of [not less than $250 and] not more than $1,000.
Sec. 293. NRS 252.190 is hereby amended to read as follows:
252.190 The district attorney may be [indicted for a misdemeanor] prosecuted for malfeasance in office, or neglect of duty, and [be punished by fine not exceeding $1,000, or by removal from office, or by both fine and removal from office.] shall be punished for a gross misdemeanor and as provided in NRS 197.230.
Sec. 294. NRS 253.090 is hereby amended to read as follows:
253.090 1. On the 1st Monday of January, April, July and October, public administrators shall make out and file with the boards of county commissioners of their several counties a full and correct statement under oath of all fees or compensation, of whatever nature or kind, received in their several official capacities during the preceding 3 months. In the statement they shall set forth the cause in which, and the services for which, such fees or compensation were received.
2. Nothing in this section shall be so construed as to require personal attendance in filing statements, which may be transmitted by mail or otherwise directed to the clerk of the board of county commissioners.
3. Any public administrator who shall violate any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 295. NRS 258.110 is hereby amended to read as follows:
258.110 If any constable shall willfully refuse to receive or arrest any person charged with a criminal offense, such constable [shall, on conviction thereof, be fined in any sum not less than $1,000 nor more than $5,000, or imprisoned in the state prison not exceeding 5 years, and] is guilty of a gross misdemeanor and shall be removed from office.
Sec. 296. NRS 258.120 is hereby amended to read as follows:
258.120 If any constable shall, directly or indirectly, purchase any judgment, or any part thereof, on the docket of any justice of the peace of the same township, he [shall, on conviction thereof, be fined for each offense in a sum not less than $100 nor more than $1,000.] is guilty of a misdemeanor.
Sec. 297. NRS 258.200 is hereby amended to read as follows:
258.200 Any constable who shall violate any of the provisions of NRS 258.170, 258.180 and 258.190 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 298. NRS 259.230 is hereby amended to read as follows:
259.230 Any coroner who shall violate any of the provisions of NRS 259.210 and 259.220 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined [in any sum not exceeding] not more than $1,000.
Sec. 299. NRS 268.030 is hereby amended to read as follows:
268.030 1. After March 23, 1939, the city clerk and city council of every incorporated city in this state, whether incorporated under the provisions of chapter 266 of NRS or under the provisions of a special act, shall cause to be published quarterly in some newspaper, published as hereinafter provided, a statement of the finances of the city, showing receipts and disbursements, exhibiting in detail the bills allowed and paid.
κ1967 Statutes of Nevada, Page 543 (CHAPTER 211, AB 71)κ
every incorporated city in this state, whether incorporated under the provisions of chapter 266 of NRS or under the provisions of a special act, shall cause to be published quarterly in some newspaper, published as hereinafter provided, a statement of the finances of the city, showing receipts and disbursements, exhibiting in detail the bills allowed and paid. The statement shall be signed by the mayor and attested by the city clerk, and shall be published in a newspaper published in such city. If there shall be no newspaper published in such city, then the financial statement shall be published in a newspaper published in the county, and if there be no newspaper published in the county, such financial statement shall be posted by the city clerk at the door of the city hall.
2. Any city officer in this state who shall violate the provisions of this section shall be deemed guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not to exceed 6 months, or by both fine and imprisonment.]
Sec. 300. NRS 268.330 is hereby amended to read as follows:
268.330 1. It shall be unlawful for any alderman or member of the common council of any city in this state, or for the trustees of any city, to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the aldermen or common council, or board of trustees of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.]
Sec. 301. NRS 268.340 is hereby amended to read as follows:
268.340 1. It shall be unlawful for any city officer to be interested in any contract made by such officer, or be a purchaser or be interested in any purchase of a sale made by such officer in the discharge of his official duties.
2. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.]
Sec. 302. NRS 268.360 is hereby amended to read as follows:
268.360 1. The several city officers of this state are expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any city warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the city.
2. Any officer who violates any of the provisions of this section shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished for each offense by a fine of not less than $500 nor more than $1,000, and by imprisonment in the county jail for a term of not less than 6 months nor more than 1 year.] A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
κ1967 Statutes of Nevada, Page 544 (CHAPTER 211, AB 71)κ
forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
Sec. 303. NRS 268.370 is hereby amended to read as follows:
268.370 1. All city officers are prohibited from purchasing or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person, or by agent, or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand or other evidences of indebtedness against the city, either directly or indirectly. No clerk or employee of any such officer or officers, nor the commissioners employed, or to be employed, to fund any city indebtedness shall be allowed to make any such purchase, sale, or transfer, or to receive any agency from other parties to purchase, sell, transfer or bargain, in any manner, for any city warrants, scrip, demands or other evidences of indebtedness against the city.
2. Any person who violates any of the provisions of this section shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $500 nor more than $1,000, and by imprisonment in the county jail for a term of not less than 6 months nor more than 1 year.] A conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
Sec. 304. NRS 269.045 is hereby amended to read as follows:
269.045 1. It shall be unlawful for any trustee of any town or village to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the board of trustees of which he is a member, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. Any person violating the provisions of subsection 1, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.]
Sec. 305. NRS 269.050 is hereby amended to read as follows:
269.050 1. It shall be unlawful for any town officer to be interested in any contract made by such officer, or be a purchaser or be interested in any purchase of a sale made by such officer, in the discharge of his official duties.
2. Any person violating the provisions of subsection 1, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.]
Sec. 306. NRS 269.060 is hereby amended to read as follows:
269.060 1. The several town officers of this state are expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any town warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the town.
2. Any town officer who violates any of the provisions of this section shall be guilty of a gross misdemeanor.
κ1967 Statutes of Nevada, Page 545 (CHAPTER 211, AB 71)κ
shall be guilty of a gross misdemeanor. [and, upon conviction thereof, shall be punished for each offense by a fine of not less than $500 nor more than $1,000, and imprisonment in the county jail for a term of not less than 6 months nor more than 1 year.] A conviction shall operate as a forfeiture of office, and the person convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
Sec. 307. NRS 269.065 is hereby amended to read as follows:
269.065 1. All town officers are prohibited from purchasing or being interested in, or receiving, or selling, or transferring, or causing to be purchased, received, sold or transferred, either in person or by agent or attorney, or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidences of indebtedness against the town, either directly or indirectly. No clerk or employee of any such officer or officers, nor the commissioners employed, or to be employed, to fund any town corporation indebtedness, shall be allowed to make any such purchase, sale or transfer, or to receive any agency from other persons to purchase, sell, transfer or bargain in any manner, for any town warrants, scrip, demands or other evidences of indebtedness against the town.
2. Any person who violates any of the provisions of this section shall be guilty of a gross misdemeanor. [and, upon conviction thereof, shall be punished for each offense by a fine of not less than $500 nor more than $1,000, and imprisonment in the county jail for a term of not less than 6 months nor more than 1 year.] A conviction shall operate as a forfeiture of office, and the person convicted shall forever be disqualified from holding any office of honor, profit or trust in this state.
Sec. 308. NRS 269.200 is hereby amended to read as follows:
269.200 1. The board of county commissioners of any county in this state shall, when petitioned by 25 percent of the taxpayers of any town or voting precinct not maintaining a separate and independent local government, pass an ordinance to prevent the running at large of any horse, mule, ass, kine, hog, sheep or goat in the town precinct, and provide in the ordinance for the impounding of the animals as estrays and the payment of certain fees and costs before the release of such animals.
2. When the ordinance is properly drawn and signed by the chairman of the board of county commissioners, before going into effect it shall be published, for a period of at least 10 days, in some newspaper of general circulation published in the town or precinct, and if there be none, then in some newspaper published in the county. The cost of publication shall be paid by the county out of the general fund of the county the same as other bills.
3. A violation of any such ordinance shall be a misdemeanor. [, and punished by a fine of not less than $5 nor more than $100, or by imprisonment in the county jail for not more than 10 days, or by both fine and imprisonment.]
Sec. 309. NRS 269.265 is hereby amended to read as follows:
269.265 Any person, after being notified by a fire warden to repair any defective chimney, flue, furnace, range, oven, stovepipe or fixture therewith connected so as to prevent the same from endangering the property of the city, town or village from destruction or loss by fire, who shall neglect or refuse, for a longer time than 24 hours after notice in writing to repair the same, to comply with the order and direction of the fire warden, and shall fail or refuse to make the required repairs, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined in any sum not [less than $25 nor] more than $500.
κ1967 Statutes of Nevada, Page 546 (CHAPTER 211, AB 71)κ
neglect or refuse, for a longer time than 24 hours after notice in writing to repair the same, to comply with the order and direction of the fire warden, and shall fail or refuse to make the required repairs, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined in any sum not [less than $25 nor] more than $500. [together with the costs of prosecution in the case.]
Sec. 310. NRS 269.270 is hereby amended to read as follows:
269.270 [When a fire warden shall order the removal of any dangerous or inflammable material from the premises of any person, a failure to comply or remove the same upon the part of the owner, occupant or agent of the premises where the dangerous or inflammable material is situated, for the period of 48 hours after notice in writing from the fire warden to remove the same from the limits of the city, town or village, so as to prevent danger therefrom, shall be a misdemeanor; and upon conviction thereof such person shall:
1. Be fined in any sum not less than $10 nor more than $100, together with the costs of prosecution; and also
2. Be directed to remove the dangerous or inflammable article or articles, or the same shall be removed by the fire warden, at the expense of the defendant, in case the defendant neglects to remove the same for 1 day after notice by the justice of the peace or other officer so to do.]
1. After receiving written notice from the fire warden ordering the removal of any dangerous or inflammable material from the limits of the city, town or village, any owner, occupant or agent in control of the premises where the dangerous or inflammable material is situated who has failed to comply or to remove such matter within 48 hours after receipt of such order shall be fined not more than $500.
2. The court shall then issue an order for the removal of the dangerous or inflammable material, and if the owner, occupant or agent in control of the premises fails to remove such material within 24 hours after receipt of the court order, the fire warden shall remove such material at the expense of the person or persons against whom the court order was issued.
Sec. 311. NRS 278.590 is hereby amended to read as follows:
278.590 1. It shall be unlawful for any person to offer to sell, to contract to sell, to sell or to transfer any subdivision or any part thereof until the final map thereof in full compliance with the provisions of this chapter and any local ordinance has been duly recorded in the office of the recorder of the county in which any portion of the subdivision is located.
2. Any offer to sell, contract to sell, sale or transfer contrary to the provisions of this chapter shall be a misdemeanor. [, and any person, firm or corporation, upon conviction thereof, shall be punished by a fine of not less than $25 and not more than $500, or imprisonment in the county jail for a period of not more than 6 months, or by both fine and imprisonment.] Nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, firm or corporation may otherwise be entitled, and any such municipality or other political subdivision or person, firm or corporation may file suit in the district court of the county in which any property attempted to be subdivided or sold in violation of this chapter is located to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter.
κ1967 Statutes of Nevada, Page 547 (CHAPTER 211, AB 71)κ
violation of this chapter is located to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter.
Sec. 312. NRS 281.060 is hereby amended to read as follows:
281.060 1. Only citizens or wards of the United States or persons who have been honorable discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.
2. In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:
(a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section shall be construed to prevent:
(a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.
(b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.
(c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United States.
(d) Employment of aliens by the University of Nevada in the technical, graduate assistant and student held categories, but not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student help categories may be aliens.
4. Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any of the work mentioned in this section unless such person shall be a citizen or ward or naturalized citizen of the United States.
5. Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such officer, or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. [, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.] The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.
Sec. 313. NRS 281.100 is hereby amended to read as follows:
281.100 1. Except as otherwise provided in this section, the services and employment of all persons who are now, or may hereafter be, employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.
κ1967 Statutes of Nevada, Page 548 (CHAPTER 211, AB 71)κ
employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.
2. The period of 8 hours employment mentioned in this section shall commence from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. Nothing in this section shall apply to:
(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof.
(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to deputy sheriffs or jailers.
(c) Work done directly by any public utility company pursuant to an order of the public service commission or other public authority.
4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, to work more than the number of hours limited. If so permitted or required, he shall receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it shall be to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as herein provided, shall be guilty of a misdemeanor. [, and, upon conviction thereof, shall be punished by a fine not exceeding $300, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 314. NRS 281.180 is hereby amended to read as follows:
281.180 1. Each officer authorized by law to take the proof or acknowledgment of the execution of conveyances of real property, or other instrument required by law to be proved or acknowledged, shall keep a record of all his official acts in relation thereto in a book to be provided by him for that purpose. There shall be entered in the book:
(a) The date of the proof or acknowledgment thereof.
(b) The date of the instrument.
(c) The name or character of the instrument proved or acknowledged.
(d) The names of each of the parties thereto, as grantor, grantee or otherwise.
During business hours, the record shall be open to the public inspection without fee or reward.
2. Any officer mentioned in subsection 1 who refuses or neglects to comply with the requirements of this section shall: [be guilty of a misdemeanor and shall, upon conviction:]
κ1967 Statutes of Nevada, Page 549 (CHAPTER 211, AB 71)κ
comply with the requirements of this section shall: [be guilty of a misdemeanor and shall, upon conviction:]
(a) Be punished by a fine of not [less than $50 nor] more than $500; and
(b) Be liable on his official bond in damages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this subsection.
Sec. 315. NRS 281.200 is hereby amended to read as follows:
281.200 If any public officer shall steal, embezzle, corrupt, alter, withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, bond or contract, or shall, knowingly or willfully, take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or shall forge, deface or falsify any document or instrument recorded, or any registered acknowledgment or certificate, or shall alter, deface or falsify any minute, document, book, or any proceedings whatever, of or belonging to any public office within this state, the person so offending [, being convicted thereof,] shall be punished by a fine [not exceeding $5,000, and] of not more than $5,000, or by imprisonment in the state prison for [a term of] not less than 1 year nor more than [11 years.] 10 years, or by both fine and imprisonment.
Sec. 316. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.
2. This section shall not be construed to apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To the wife of the warden of the Nevada state prison.
(d) To relatives of blind officers and employees of the [welfare] services to the blind division of the department of health and welfare when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
κ1967 Statutes of Nevada, Page 550 (CHAPTER 211, AB 71)κ
4. No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.
5. Any person violating any provisions of this section shall be guilty of a gross misdemeanor. [, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 317. NRS 281.220 is hereby amended to read as follows:
281.220 1. It is unlawful for any officer of this state to become a contractor under any contract or order for supplies, or any other kind of contract authorized by or for the state, or any department thereof, or the legislature or either branch thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. It is unlawful for any state officer to be interested in any contract made by such officer, or to be a purchaser or be interested in any purchase of a sale made by him in the discharge of his official duties.
3. All contracts made in violation of the provisions of this section may be declared void at the instance of the state or of any other party interested in such contract, except the officer prohibited from making or being interested in the contract.
4. Any person violating the provisions of this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his office. [, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both fine and imprisonment.]
Sec. 318. NRS 281.230 is hereby amended to read as follows:
281.230 1. The following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind or nature inconsistent with loyal service to the people resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:
(a) State, county, municipal, district and township officers of the State of Nevada;
(b) Deputies and employees of state, county, municipal, district and township officers; and
(c) Officers and employees of quasi-municipal corporations.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, shall be void.
3. Every person violating any of the provisions of this section shall [, upon conviction, forfeit his office or employment, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both such fine and imprisonment.] be punished as provided in NRS 197.230 and:
(a) Where such commission, personal profit or compensation is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 551 (CHAPTER 211, AB 71)κ
(b) Where such commission, personal profit or compensation is less than $100, for a misdemeanor.
Sec. 319. NRS 281.240 is hereby amended to read as follows:
281.240 1. Every person holding or exercising any office under the laws or constitution of this state, who shall, for any reward or gratuity paid, or agreed to be paid, grant to another the right or authority to discharge any of the duties of such office (except his lawful deputies), [shall be guilty of a misdemeanor, and, upon conviction thereof,] shall be punished by a fine not exceeding $5,000, and shall be removed from office.
2. Every person who shall give, or make any agreement to give, any reward or gratuity in consideration of such grant or authority, shall [, upon conviction thereof,] be punished by a fine of not [less than $500 nor] more than $5,000.
Sec. 320. NRS 281.260 is hereby amended to read as follows:
281.260 1. No officer shall be allowed to charge or receive any fee or compensation whatever for the return written upon any summons, subpena, writ of attachment, execution, or of sale or other paper. Any officer violating the terms of this subsection [shall be indicted, and upon conviction] shall be fined [in any sum not less than $300,] not more than $500, and shall be removed from office.
2. Where mileage is chargeable it shall be for the actual distance traveled, and every fraction of a mile shall be computed as a mile. Where mileage is chargeable by a sheriff, it shall be computed as provided in NRS 248.400.
Sec. 321. NRS 281.280 is hereby amended to read as follows:
281.280 If any officer shall willfully refuse to receive or arrest any person charged with a criminal offense, such officer [shall, upon conviction thereof, be punished by a fine of not less than $1,000 nor more than $5,000, or by imprisonment in the state prison not exceeding 5 years,] is guilty of a gross misdemeanor and shall be removed from office.
Sec. 322. NRS 283.450 is hereby amended to read as follows:
283.450 1. Any civil officer in this state who shall, during his term of office, become intoxicated or be under the influence of alcoholic, malt or vinous liquors, or become or be addicted to the use of drugs or narcotics, so that he shall not at all times be in proper condition for the discharge of the duties of his office, [shall be guilty of misdemeanor in office, and on conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding 1 year,] is guilty of a gross misdemeanor, and shall, if he is a state officer, be subject to removal from office by impeachment, or if he is a county, city or township officer he shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such conviction.
2. Upon receiving information from any person that the provisions of this section have been violated, sheriffs and their deputies, constables and their deputies, district attorneys, and all other peace officers in this state shall immediately institute proceedings in the proper court against the person complained of, and shall prosecute the same with reasonable diligence to final judgment.
3. If any person shall make and file a complaint under oath charging the district attorney with a violation or violations of this section, the attorney general shall prosecute such district attorney pursuant to the terms of this section.
κ1967 Statutes of Nevada, Page 552 (CHAPTER 211, AB 71)κ
attorney general shall prosecute such district attorney pursuant to the terms of this section.
4. If any state officer is convicted under the provisions of this section, the prosecuting officer obtaining the conviction shall file a certified copy of the judgment roll with the secretary of state. The secretary of state shall lay the certified copy of the judgment roll before the legislature at its next session.
5 The provisions of this section shall be specially charged to the grand juries of the several counties by district judges.
Sec. 323. NRS 284.430 is hereby amended to read as follows:
284.430 1. Any person who willfully violates any provision of this chapter or any provision of the rules and regulations prescribed hereunder shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
2. Any person who is convicted of a misdemeanor under this chapter shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the public service, and if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 324. NRS 293.587 is hereby amended to read as follows:
293.587 Any officer in whose office any nomination paper has been filed, who shall wrongfully suppress, neglect or fail to cause the proper filing thereof at the proper time and the proper place, is guilty of a misdemeanor. [, and shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both such fine and imprisonment.]
Sec. 325. (Deleted by amendment.)
Sec. 326. NRS 309.150 is hereby amended to read as follows:
309.150 1. No director or any other officer named in this chapter shall in any manner be interested, directly, in any contract awarded by the board or in the profits to be derived therefrom.
2. For any violation of this section such director or officer shall be deemed guilty of a gross misdemeanor, and [upon conviction thereof] shall suffer a forfeiture of his office. [, and he shall be punished by a fine not exceeding $500 or by imprisonment in the county jail not to exceed 6 months, or by both fine and imprisonment.]
Sec. 327. NRS 331.190 is hereby amended to read as follows:
331.190 Any person who sells, barters, gives, or in any way disposes of any spirituous or malt liquors, wines or cider, of any description whatever, within the Capitol Building of this state, shall be guilty of a misdemeanor. [, and on conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.]
Sec. 328. NRS 331.200 is hereby amended to read as follows:
331.200 1. It shall be unlawful for any person to:
(a) Willfully deface, break down or destroy any fence upon or surrounding the state capitol grounds; or
(b) Erect any bulletin board or other advertising device in or upon the state capitol grounds; or
κ1967 Statutes of Nevada, Page 553 (CHAPTER 211, AB 71)κ
(c) Deposit any garbage, debris or other obstruction in or upon the state capitol grounds; or
(d) Injure, break down or destroy any tree, shrub or other thing upon the state capitol grounds; or
(e) Injure the grass upon the state capitol grounds by walking upon the same.
2. Any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged or destroyed, and in no event less than a misdemeanor. [, and on conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 329. NRS 338.090 is hereby amended to read as follows:
338.090 Any person, firm or corporation, including the officers, agents or employees of a public body, violating any of the provisions of NRS 338.010 to 338.080, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $300, or by imprisonment in the county jail for not less than 30 days nor more than 90 days, or by both fine and imprisonment.]
Sec. 330. NRS 338.100 is hereby amended to read as follows:
338.100 1. Each male person over the age of 18 years shall be paid not less than $5 for each 8-hour day or 62.5 cents per hour if employed as unskilled labor:
(a) On all public buildings, public highways and other public works which may be erected or constructed by or for the State of Nevada, or by or for any county, district, municipality or other subdivision of the State of Nevada, or any board or commission thereof; and
(b) On all public works carried on within the State of Nevada by any person, firm, association, company or corporation under contract with the State of Nevada or with any county, district, municipality or other subdivision of the State of Nevada, or with any board or commission thereof; and
(c) On all public works carried on by any contractor within the State of Nevada; and
(d) On all work and labor to be done in such erection or construction or any matter or thing incident thereto by any person, firm, association, company or corporation under contract with the State of Nevada.
2. Any person, firm, association, company or corporation conducting or carrying on any such public work as that specified in subsection 1, or any portion thereof, who violates any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $150 for each person so employed at such labor for less than $5 for each 8-hour day, or at less than 62.5 cents per hour. Each day any such person shall be so employed at such labor for less than $5 for each 8-hour day or at less than 62.5 cents per hour shall be and constitute a separate offense.
Sec. 331. NRS 338.110 is hereby amended to read as follows:
338.110 1. Except as otherwise provided in this section, the services and employment of all persons who are now, or may hereafter be, employed by any contractor, subcontractor or other person having a contract with the State of Nevada, or with any county, city, town, township or any other political subdivision thereof, for the performance of public work, is hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.
κ1967 Statutes of Nevada, Page 554 (CHAPTER 211, AB 71)κ
employed by any contractor, subcontractor or other person having a contract with the State of Nevada, or with any county, city, town, township or any other political subdivision thereof, for the performance of public work, is hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.
2. The period of 8 hours employment mentioned in this section shall commence from the time the employee takes charge of any equipment of the employer or acts as assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. Every contract made with the State of Nevada or with any county, city, town, township or any other political subdivision thereof shall contain:
(a) A condition that no person shall be employed for more than 8 hours in any 1 day or more than 56 hours in any 1 week, except in cases of emergency where life or property is in imminent danger. In such emergency cases the person required to work over 8 hours per day or 56 hours per week shall be paid regular wages for all overtime.
(b) A condition that the contract may be canceled at the election of the State of Nevada or of any county, city, town, township or other political subdivision thereof, which is concerned, for any failure or refusal on the part of the contractor faithfully to perform the contract according to its terms as provided in this section.
4. Nothing in this section shall apply to work done directly by any public utility company pursuant to an order of the public service commission or other public authority.
5. Except in cases of emergency where life or property is in imminent danger, it shall be unlawful for any contractor, subcontractor or other person having a contract as provided in this section, whose duty it shall be to employ, direct or control the services of such employees, to require or permit such employees to work more than 8 hours in any 1 calendar day or more than 56 hours in any 1 week.
6. Any contractor, subcontractor or other person whose duty it shall be to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as herein provided, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $300, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 332. NRS 338.130 is hereby amended to read as follows:
338.130 1. Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any contractor with the State of Nevada or any political subdivision of the state, or by any person acting under or for such officer or contractor, in the construction of public works.
2. In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:
κ1967 Statutes of Nevada, Page 555 (CHAPTER 211, AB 71)κ
(a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section shall be construed to prevent:
(a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.
(b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.
4. In each contract for the construction of public works a proviso shall be inserted to the effect that if the provisions of this section are not complied with by the contractor, the contract shall be void, and any failure or refusal to comply with any of the provisions of this section shall render any such contract void. All boards, commissions, officers, agents and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the office of the labor commissioner the names and addresses of all contractors holding contracts with the State of Nevada, or with any political subdivision of the state. Upon the letting of new contracts the names and addresses of such new contractors shall likewise be filed. Upon the demand of the labor commissioner a contractor shall furnish a list of the names and addresses of all subcontractors in his employ.
5. Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any work mentioned in this section unless such person shall be a citizen or ward or naturalized citizen of the United States.
6. Any contractor with the State of Nevada or with any political subdivision of the state or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.] The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees by the production of fraudulent papers evidencing citizenship in the United States.
Sec. 333. NRS 351.060 is hereby amended to read as follows:
351.060 Any person who with intent to defraud uses on a public security or an instrument of payment:
1. A facsimile signature, or any reproduction of it, of any authorized officer; or
2. Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies or other instrumentalities or of any of its political subdivisions,
[is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 556 (CHAPTER 211, AB 71)κ
prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 334. NRS 353.080 is hereby amended to read as follows:
353.080 If the fiscal analyst willfully shall fail to perform the duties imposed under the provisions of NRS 353.065 to 353.075, inclusive, or willfully shall neglect or refuse to perform any duty enjoined thereunder, he shall be deemed guilty of a misdemeanor [in office.] and shall be further punished as provided in NRS 197.230.
Sec. 335. NRS 353.255 is hereby amended to read as follows:
353.255 1. The sums appropriated for the various branches of expenditure in the public service of the state shall be applied solely to the objects for which they are respectively made, and for no others.
2. Any person violating the provisions of subsection 1 [shall be guilty of a misdemeanor, and on conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $300.
Sec. 336. NRS 353.260 is hereby amended to read as follows:
353.260 1. It is unlawful for any state officer, commissioner, head of any state department or other employee, whether elected or appointed, to expend more money than the sum specifically appropriated by law for any such office, commission or department.
2. It is unlawful for any state officer, commissioner, head of any department or employee of this state to bind, or attempt to bind, the State of Nevada or any fund or department thereof in any amount in excess of the specific amount provided by law, or in any other manner than that provided by law, for any purpose whatever.
3. Every claim allowed in violation of the provisions of this section shall be void.
4. Every officer of the State of Nevada, elective or appointive, who violates any of the provisions of this section shall be guilty of malfeasance in office.
5. Every person other than those specified in subsection 4 who violates any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 6 months.]
Sec. 337. (Deleted by amendment.)
Sec. 338. NRS 356.110 is hereby amended to read as follows:
356.110 Every state officer or official who willfully shall violate any of the provisions of NRS 356.010 to 356.100, inclusive, shall be guilty of malfeasance in office, and upon conviction thereof shall be punished by imprisonment in the state prison for [a term of not exceeding 15] not less than 1 year nor more than 10 years or by a fine of not [less than $10,000.] more than $5,000, or by both fine and imprisonment.
Sec. 339. NRS 360.290 is hereby amended to read as follows:
360.290 1. All the provisions of this chapter with respect to county assessors, sheriffs as ex officio collectors of licenses, boards of county commissioners, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, and persons summoned as witnesses, the requirement of witnesses to testify, the examination of the books and accounts of persons, copartnerships and corporations doing business in this state, are mandatory.
κ1967 Statutes of Nevada, Page 557 (CHAPTER 211, AB 71)κ
2 Any such county officer, or witness summoned, or witness required to testify, or person, partner, or officer, director, superintendent, manager, or agent of any corporation, who neglects, fails or refuses to comply with such mandates shall, for the first offense, be deemed guilty of a misdemeanor, [and subject to the penalty prescribed in NRS 193.150;] and for persistence therein, constituting a second offense, shall be deemed guilty of a gross misdemeanor. [and subject to the penalty prescribed in NRS 193.140.] Any person who shall testify falsely shall be guilty of and punished for perjury.
Sec. 340. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or
(b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and whatever date may be proclaimed by the President of the United States as the termination of hostilities in Viet Nam,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, shall be exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.
3. The exemption shall be allowed only to a claimant who shall make an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll, but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit shall be made before the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
5. Persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
κ1967 Statutes of Nevada, Page 558 (CHAPTER 211, AB 71)κ
this state shall require proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person shall make a false affidavit or produce false proof to the county assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he or she [shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 341. NRS 361.185 is hereby amended to read as follows:
361.185 If any person shall willfully deliver any statement to the officer charged with assessment of property for tax purposes in his county containing a false statement of a material fact, whether it be an owner, shipper, his agent, or a storageman or warehouseman of his agent, he shall be guilty of a misdemeanor. [, and upon conviction shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 6 months.]
Sec. 342. NRS 361.265 is hereby amended to read as follows:
361.265 1. For the purpose of enabling the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a statement under oath or affirmation on forms to be furnished by the county assessor of all the real estate and personal property within the county, owned or claimed by such persons, firms, corporations, associations or companies.
2. If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation as herein provided within 5 days after demand is made therefor, the county assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the county assessor, the property shall be assessed in his name. If the name of the owner is unknown to the county assessor, the property shall be assessed to unknown owner; but no mistake heretofore or hereafter made in the name of the owner or the supposed owner of real property shall render the assessment or any sale of such property for taxes invalid.
3. At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.
4. If any person, officer or agent shall neglect or refuse on demand of the county assessor or his deputy to give under oath or affirmation the statement required by this section, or shall give a false name, or shall refuse to give his name, or shall refuse to swear or affirm, he shall be guilty of a misdemeanor and shall be arrested upon the complaint of the county assessor or his deputy. [Upon conviction, he shall be punished by a fine of not less than $10 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 3 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 559 (CHAPTER 211, AB 71)κ
Sec. 343. NRS 361.440 is hereby amended to read as follows:
361.440 1. All the provisions of NRS 361.375 to 361.435, inclusive, with respect to county assessors, boards of county commissioners, county auditors and all other county officers having to do with the preparation of the assessment roll or collection of taxes are mandatory.
2. Any such county officer who neglects, fails or refuses to comply with such mandates [shall,] is, for the first offense, [be deemed] guilty of a misdemeanor, [and subject to the penalty prescribed in NRS 193.150;] and for persistence therein, constituting a second offense, [shall be deemed] is guilty of a gross misdemeanor. [and subject to the penalty prescribed in NRS 193.140.] Any person who shall testify falsely shall be guilty of and punished for perjury.
Sec. 344. NRS 361.525 is hereby amended to read as follows:
361.525 Should the county assessor give any other receipt on the payment to him of any tax on movable personal property than that provided for in NRS 361.510, he shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for [a term of] not less than 1 year nor more than [5] 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, and shall be removed from office.
Sec. 345. NRS 361.540 is hereby amended to read as follows:
361.540 1. If, in any instance, the county assessor shall be unable to find, seize and sell sufficient of the property of such person, persons, company or corporation to pay such taxes and costs of sale, and such person, persons, company or corporation shall neglect or refuse to turn out to the county assessor property sufficient to pay such taxes and costs of sale, the county assessor shall, if the sum exceeds $300, go before the district court or the judge thereof, at chambers, and in cases where the sum is $300 and less, then before a justice of the peace of the township wherein such person may reside, and make an affidavit of:
(a) The fact of assessment.
(b) The amount of taxes.
(c) The inability to find and seize property sufficient to pay such taxes and costs of sale.
(d) The fact of neglect or refusal to pay the same, or turn out property sufficient to pay the same and cost of sale.
2. On the filing of such affidavit, the court or judge, or justice of the peace, as the case may be, shall issue a citation ordering the person to appear forthwith, or at a subsequent period not to exceed 5 days, before such court, judge or justice of the peace to answer under oath concerning his property.
3. If it appears from the affidavit of the county assessor that such person owing such taxes is about to absent himself from the county or is about to convey his property with intent fraudulently to evade the payment of such taxes, the citation may direct the officer serving the same to arrest such person and bring him before the court, judge or justice of the peace issuing the same.
4. The citation may be served by the county assessor, sheriff or any constable of the county, and shall be served by delivering a copy thereof to such person personally. For service under the provisions of this section, such fees shall be allowed as for similar services in civil cases, to be collected only from persons owing such taxes.
κ1967 Statutes of Nevada, Page 560 (CHAPTER 211, AB 71)κ
such fees shall be allowed as for similar services in civil cases, to be collected only from persons owing such taxes.
5. It is unlawful for any person served with the citation mentioned in this section to sell or transfer his property or effects, so as to defeat the collection of taxes or costs, or any part thereof. Any person violating the provisions of this subsection [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine not to exceed $200.
6. On the examination, if it shall appear that such person has any money, goods, chattels or effects, the judge or justice of the peace shall order sufficient thereof to be turned out to the county assessor to satisfy such taxes and costs of sale, and also costs of proceeding on the citation. In case of a willful neglect or refusal by such person either to obey the order of citation or the order to pay, or to turn out property as ordered, such person shall be deemed in contempt of such court, judge or justice of the peace, and may be proceeded against as in other cases of contempt in civil cases in the courts of justice in this state.
7. Should the taxes fail to be collected by such process, then no future liability shall attach to the county assessor therefor.
8. In other respects than provided in this section, the proceedings under this section shall be conducted as provided in NRS 21.270 to 21.340, inclusive, regulating proceedings supplementary to execution.
Sec. 346. NRS 361.550 is hereby amended to read as follows:
361.550 1. Should the county assessor neglect or refuse to make the monthly statements of his collections of movable personal property tax as required by law, or neglect or refuse to file the original schedules of his assessments of such property, he shall be guilty of a misdemeanor, [in office, and shall, on conviction, be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 10 days nor more than 100 days, or by both fine and imprisonment,] and shall be removed from office.
2. In case of such neglect and refusal, the county auditor shall inform the district attorney immediately of such facts, and the district attorney shall commence proceedings against the county assessor under this section.
Sec. 347. NRS 361.730 is hereby amended to read as follows:
361.730 If any district attorney shall fail or refuse to pay any money collected by him for taxes to the county treasurer as provided in this chapter, he shall:
1. Forfeit his office and shall be removed forthwith therefrom; and
2. Be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $5,000, or by imprisonment in the county jail for a period not exceeding 1 year, or by both fine and imprisonment.]
Sec. 348. (Deleted by amendment.)
Sec. 349. (Deleted by amendment.)
Sec. 350. NRS 364.090 is hereby amended to read as follows:
364.090 If either the county treasurer, the county auditor, the sheriff, or any other person shall issue, have in his possession with intent to issue or put in circulation any other licenses than those properly issued to the sheriff under the provisions of law, the person so offending shall be [guilty of a felony.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 561 (CHAPTER 211, AB 71)κ
less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 351. NRS 364.140 is hereby amended to read as follows:
364.140 1. Every person required by the laws of this state to obtain a license for the transaction of any kind of business in any fixed or certain locality therein shall post such license conspicuously in his establishment or place of business, and keep the same so conspicuously posted until the license has expired or he ceases to transact such business.
2. Any person who shall fail to post or keep posted a license as required by this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined not [less than $10 nor] more than $100.
Sec. 352. NRS 364.150 is hereby amended to read as follows:
364.150 [1.] Any person who shall vend, by wholesale or retail, and spirituous, malt or vinous liquors, or any goods, wares or merchandise within any county in this state without first obtaining a license so to do, as required by law, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $25 nor] more than $200 for each offense.
[2. Upon the trial of any criminal action provided for by this section, the defendant shall be deemed not to have procured any such license unless he prove the contrary to the satisfaction of the court or jury by whom the same is tried.]
Sec. 353. NRS 365.570 is hereby amended to read as follows:
365.570 1. It is unlawful for any person:
(a) To refuse or neglect to make any statement, report or return required by the provisions of this chapter;
(b) Knowingly to make, or aid or assist any other person in making, a false statement in a report to the tax commission or in connection with an application for refund of any tax;
(c) Knowingly to collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of any tax without being entitled to the same;
(d) To engage in business in this state as a dealer or to act as a carrier of motor vehicle fuel or special fuel or other inflammable or combustible liquids without being the holder of an uncanceled license authorizing him to engage in such business or to act in such capacity;
(e) To sell any motor vehicle fuel upon which the tax imposed by this chapter shall not be paid, purchased by or consigned to him by any person other than a duly licensed dealer; or
(f) To act as an agent to sell any motor vehicle fuel, obtained in any manner, upon which the tax imposed by this chapter shall not be paid.
2. Each day or part thereof during which any person shall engage in business as a dealer without being the holder of an uncanceled license shall constitute a separate offense within the meaning of this section.
3. Any person violating any of the provisions of this section is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 354. NRS 365.580 is hereby amended to read as follows:
365.580 Any [violation of the provisions of this chapter, except as otherwise provided, is a misdemeanor, and any] person violating any of [such] the provisions of this chapter [shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 562 (CHAPTER 211, AB 71)κ
otherwise provided, is a misdemeanor, and any] person violating any of [such] the provisions of this chapter [shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.] for which no specific penalty is provided is guilty of a misdemeanor.
Sec. 355. NRS 366.180 is hereby amended to read as follows:
366.180 1. It shall be unlawful for the department or any person having an administrative duty under this chapter to divulge or to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth or disclosed in any report, or to permit any report or copy thereof to be seen or examined by any person except as provided by NRS 366.160 and 366.170.
2. Any violation of the provisions of this section shall be a gross misdemeanor. [and shall be punished by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 1 year, or by both fine and imprisonment.]
Sec. 356. NRS 366.710 is hereby amended to read as follows:
366.710 Any person required to make, render, sign or verify any report who makes any false or fraudulent report with intent to defeat or evade the assessment required by law to be made shall be guilty of a gross misdemeanor. [He shall for each offense be fined not more than $1,000, or be imprisoned in the county jail not exceeding 1 year, or be subject to both fine and imprisonment.]
Sec. 357. NRS 369.495 is hereby amended to read as follows:
369.495 1. It is unlawful for any person to make, store, possess or transport liquor with intent to defraud the state.
2. Every person who violates the provisions of this section shall [, upon conviction thereof,] be punished by a fine of not [less than $1,000 nor] more than $5,000, or by imprisonment in the state prison for [a term of] not less than [2] 1 year nor more than 10 years [.] or by both fine and imprisonment.
Sec. 358. NRS 370.380 is hereby amended to read as follows:
370.380 1. It shall be unlawful for any person, with intent to defraud the state:
(a) To make, alter, forge or counterfeit any license, permit, stamp or cigarette tax meter impression provided for in NRS 370.080 to 370.340, inclusive; or
(b) To have in his possession any forged, counterfeited, spurious or altered license, permit, stamp or cigarette tax meter impression, with intent to use the same, knowing or having reasonable grounds to believe the same to be such; or
(c) To have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed; or
(d) To affix to any piece of a package or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece of a package or package of cigarettes; or
κ1967 Statutes of Nevada, Page 563 (CHAPTER 211, AB 71)κ
(e) To have in his possession for the purpose of sale cigarettes which do not bear indicia of Nevada excise tax stamping. Presence of such cigarettes in a cigarette vending machine shall be prima facie evidence of the purpose to sell.
2. Any person who violates any of the provisions of subsection 1 shall [, upon conviction thereof,] be punished by a fine of [$10,000, or shall be imprisoned] not more than $5,000, or by imprisonment in the state prison for not less than [2 years] 1 year nor more than 10 years [.] , or by both fine and imprisonment.
Sec. 359. NRS 370.390 is hereby amended to read as follows:
370.390 Except as otherwise provided in NRS 370.380, any person violating any of the provisions of NRS 370.080 to 370.340, inclusive, shall be punished by a fine of not [less than $500 nor] more than $1,000, or by imprisonment in the state prison for a period of not less than 1 year nor more than 3 years [.] , or by both fine and imprisonment.
Sec. 360. NRS 370.400 is hereby amended to read as follows:
370.400 Any person who:
1. Willfully fails, neglects or refuses to make any report required by NRS 370.350 to 370.370, inclusive, or required by rules and regulations lawfully promulgated under the provisions of NRS 370.350 to 370.370, inclusive; or
2. Knowingly makes any false statement in any such report,
shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 90 days.]
Sec. 361. NRS 372.760 is hereby amended to read as follows:
372.760 Any person required to make, render, sign or verify any report who makes any false or fraudulent return, with intent to defeat or evade the determination of an amount due required by law to be made, [shall for each offense be fined not less than $300 nor more than $5,000, or be imprisoned for not exceeding 1 year in the county jail, or be subject to both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 362. NRS 379.160 is hereby amended to read as follows:
379.160 1. Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, filmstrip or other property of any public library or reading room for more than 30 days after receipt of written notice demanding the return of any such article or property [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $10 nor] more than $50.
2. Any person who willfully cuts, tears, defaces, breaks or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus or other work of literature, art, mechanics or object of curiosity, deposited in any public library or reading room [, is guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $10 nor] more than $50.
3. The parent or guardian of a minor who willfully and maliciously commits any acts within the scope of subsection 1 or 2 shall be liable for all damages so caused by the minor.
Sec. 363. NRS 381.227 is hereby amended to read as follows:
381.227 Any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 564 (CHAPTER 211, AB 71)κ
to 381.227, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 364. NRS 388.320 is hereby amended to read as follows:
388.320 1. If any parent, guardian or other person having control or charge of any child between the ages of 14 and 17 years shall fail to comply with the provisions of NRS 388.200 to 388.320, inclusive, he shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than 2 days nor more than 10 days, or by both fine and imprisonment.]
2. Any person, firm or corporation employing any child between the ages of 14 to 17 years contrary to the provisions of NRS 388.200 to 388.320, inclusive, shall be subject to a fine of not [less than $10 nor] more than $100 for each separate offense.
Sec. 365. (Deleted by amendment.)
Sec. 366. NRS 390.230 is hereby amended to read as follows:
390.230 1. The textbooks adopted by the state board of education shall be used in the public schools in the state and no other books shall be used as basic textbooks.
2. This section shall not be interpreted in such a manner as to prohibit:
(a) The continued use of such textbooks previously approved until they become unserviceable.
(b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.
(c) After approval by the commission, the temporary use of textbooks for tryout purposes.
3. Any school officer or teacher who shall violate the provisions of this chapter or not follow the rules and regulations of the commission [, shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $20 nor] more than $100.
4. All superintendents, principals, teachers and school officers are charged with the execution of this section.
Sec. 367. NRS 391.060 is hereby amended to read as follows:
391.060 1. Except as provided in NRS 391.070, it shall be unlawful for:
(a) A superintendent of public instruction or a board of trustees of a school district to employ any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or who has not declared his intention to become a citizen of the United States.
(b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or who has not declared his intention of becoming a citizen of the United States.
2. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 565 (CHAPTER 211, AB 71)κ
Sec. 368. NRS 392.120 is hereby amended to read as follows:
392.120 1. Any parent, guardian or other person who makes a false statement concerning the age or school attendance of a child under 17 years of age who is under his control or charge, the false statement being made with intent to deceive under NRS 392.040 to 392.120, inclusive, or under NRS 392.130 to 392.220, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $50 or by imprisonment in the county jail for not more than 25 days, or by both fine and imprisonment.]
2. Any teacher, principal or superintendent of any public school is authorized to require the parent or guardian of any pupil enrolled in his school to furnish a birth certificate or other satisfactory evidence of the age of the pupil.
Sec. 369. NRS 392.210 is hereby amended to read as follows:
392.210 Any parent, guardian or other person who has control or charge of any child and to whom notice has been given of the childs truancy as provided in NRS 392.130 and 392.140, and who fails to prevent the childs subsequent truancy within that school year, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished, for the first offense, by a fine of not more than $10 or by imprisonment in the county jail for not more than 5 days, or by both fine and imprisonment. Upon conviction of each subsequent offense, he shall be punished by a fine of not less than $10 nor more than $50, or by imprisonment in the county jail for not less than 5 days nor more than 25 days, or by both fine and imprisonment.]
Sec. 370. NRS 392.220 is hereby amended to read as follows:
392.220 1. Any person who induces or attempts to induce any child to be absent from school unlawfully, or who knowingly employs or harbors, while school is in session, any child absent unlawfully from school, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $50 or by imprisonment in the county jail for not more than 25 days, or by both fine and imprisonment.]
2. The attendance officer or any other school officer is empowered to visit any place or establishment where minor children are employed to ascertain whether the provisions of this Title of NRS are complied with fully, and may demand from all employers of such children a list of children employed, with their names and ages.
Sec. 371. NRS 392.260 is hereby amended to read as follows:
392.260 1. Any parent, guardian or other person who has control or charge of any child and who fails to comply with the provisions of NRS 392.230 to 392.290, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished, for the first offense, by a fine of not less than $10 nor more than $50, or by imprisonment in the county jail for not less than 5 days nor more than 25 days. For each subsequent offense, the parent, guardian or other person, upon conviction, shall be punished by a fine of not less than $25 nor more than $50, or by imprisonment in the county jail for not less than 12 days nor more than 25 days.]
2. Another proceeding may be begun at the expiration of 3 days after each refusal of a parent, guardian or other person to comply with the written demand of the principal or superintendent.
κ1967 Statutes of Nevada, Page 566 (CHAPTER 211, AB 71)κ
Sec. 372. NRS 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils, every school bus shall be equipped with a flashing red-light system of a type approved by the department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal:
(a) When pupils are unloading from the bus.
(b) When the bus is stopped for the purpose of loading pupils.
(c) In times of emergency or accident.
2. In addition to the equipment required by subsection 1, each school bus shall be equipped and identified as required by the regulations of the state board of education.
3. The agents and employees of the department of motor vehicles and the state department of education may inspect school buses to determine if the provisions of this section concerning equipment and identification of such school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein such vehicles are operating.
4. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of such violation from the department of motor vehicles or the state department of education, he shall be guilty of a misdemeanor, and upon conviction thereof [may] shall be removed from office.
5. Any person who violates any of the provisions or requirements of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 373. NRS 392.470 is hereby amended to read as follows:
392.470 1. It is unlawful for any person, against the will of a pupil attending any public school, to beat, whip, detain or otherwise interfere with him while he is on his way to and from school.
2. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. [and shall, upon conviction thereof, be punished by a fine not more than $300 or by imprisonment in the county jail for not to exceed 6 months, or by both fine and imprisonment.]
Sec. 374. NRS 392.480 is hereby amended to read as follows:
392.480 1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent language, or by threatening or assaulting any pupil or teacher within the building or grounds of the school. For the purposes of this subsection, the grounds of every public school shall extend to a distance of 50 yards in all directions from the school building. Any person who violates any of the provisions of this subsection shall be guilty of a misdemeanor. [, and shall, upon conviction thereof, be punished by a fine of not more than $300 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
1. It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a public schoolhouse. Any person who violates any of the provisions of this subsection shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $200 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 567 (CHAPTER 211, AB 71)κ
conviction thereof shall be punished by a fine of not more than $200 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 375. NRS 393.070 is hereby amended to read as follows:
393.070 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances; or
(b) To commit any nuisance in any public schoolhouse; or
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.
2. Any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $200, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 376. NRS 393.170 is hereby amended to read as follows:
393.170 1. The board of trustees of a school district shall purchase all new textbooks and supplementary schoolbooks which are necessary and have been approved by the state textbook commission, and school supplies necessary to carry out the mandates of the school curriculum to be used by the pupils of the school district. The cost of the same shall be a legal charge against the school district fund.
2. All books purchased by the board of trustees shall be held as property of the school district, and shall be loaned to the pupils of the school in the school district while pursuing a course of study therein.
3. The parents and guardians of pupils shall be responsible for all books and any and all other material or equipment loaned to the children in their charge, and shall pay to the clerk of the board of trustees, or to any other person authorized by the board to receive the same, the full purchase price of all such books, material or equipment destroyed, lost or so damaged as to make them unfit for use by other pupils succeeding to their classes. The board of trustees shall establish reasonable rules and regulations governing the care and custody of such school property, and for the payment of fines for damage thereto.
4. Equipment and materials for use in manual training, industrial training and teaching domestic science may be supplied to the pupils in the same manner, out of the same fund, and on the same terms and conditions as books. No private ownership can be acquired in such equipment or material, unless sold in the manner prescribed by law when such equipment or material shall be no longer used or required for the schools of the school district.
5. Authorized supplementary books and desk books for the use of teachers shall be purchased under NRS 393.160 to 393.210, inclusive, and shall remain the property of the school district for which they were purchased, unless sold in accordance with the provisions of this chapter.
6. The clerk of the board of trustees shall turn over to the county treasurer, within 30 days after receiving the same, all moneys collected under the provisions of this section, and the same shall be credited to the school district fund.
κ1967 Statutes of Nevada, Page 568 (CHAPTER 211, AB 71)κ
under the provisions of this section, and the same shall be credited to the school district fund.
7. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $20, or by imprisonment in the county jail for not more than 10 days, or by both fine and imprisonment.]
Sec. 377. NRS 394.140 is hereby amended to read as follows:
394.140 1. It shall be unlawful for any teacher or other person teaching in a private school in this state to cause to be taught or teach any subject or subjects, other than foreign languages, in a private school in this state in any language except the English language.
2. Any teacher or other person who violates any provision of subsection 1: [shall be guilty of a misdemeanor, and:]
(a) Upon conviction of the first offense shall be punished by a fine of not [less than $100 nor] more than $250.
(b) Upon conviction of each subsequent offense shall be punished [by a fine of not less than $250 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.] for a misdemeanor.
3. Each separate day or any portion thereof during which any violation of this section occurs or continues shall constitute a separate offense.
Sec. 378. NRS 394.180 is hereby amended to read as follows:
394.180 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any private schoolhouse, its fixtures, books or appurtenances; or
(b) To commit any nuisance in any private schoolhouse; or
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a private schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same; or
(e) In any manner maliciously and purposely to interfere with or disturb any persons peaceably assembled within a private schoolhouse.
2. Any person violating any of the provisions of subsection 1 shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $200 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 379. NRS 394.270 is hereby amended to read as follows:
394.270 Any person who violates any of the provisions of NRS 394.210 to 394.260, inclusive, is guilty of a misdemeanor. [and shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 3 months.]
Sec. 380. NRS 394.420 is hereby amended to read as follows:
394.420 Any person who violates any of the provisions of NRS 394.380 to 394.410, inclusive, is guilty of a misdemeanor. [and shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 90 days.]
Sec. 381. NRS 403.150 is hereby amended to read as follows:
403.150 1. No county road supervisor shall:
κ1967 Statutes of Nevada, Page 569 (CHAPTER 211, AB 71)κ
(a) Act, directly or indirectly, as agent of, or in any way whatever represent or act for, any manufacturing concern or corporation or individual selling or handling machinery, implements, material or any thing which may be used in road work. No machinery, implements, material or thing, except such as cost less than $50 and is usually kept in stock and sold at usual prices, shall be purchased in any manner whatever from any manufactory or store or any concern of any kind in which the county road supervisor is interested directly or indirectly.
(b) Receive any gift or reward or other thing for recommending or suggesting or in any [maner] manner influencing the expenditure of money for any thing.
2. Every contract made in violation of this section shall be void.
3. Any county road supervisor who violates this section [shall, upon conviction thereof, be punished as provided in NRS 244.325, and] shall be removed from office and forfeit his bond [.] and shall be punished:
(a) Where paragraph (b) of subsection 1 is violated, by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000.
(b) Where paragraph (a) of subsection 1 is violated, for a gross misdemeanor.
Sec. 382. NRS 405.010 is hereby amended to read as follows:
405.010 1. Whenever, by reason of excessive moisture or a lack of moisture, the public roads or highways under the supervision of either the several boards of county highway commissioners or the boards of county commissioners may be damaged by heavy loads thereon, the several boards of county commissioners having supervision over the public roads or highways, or the several boards of county highway commissioners having supervision over the public roads or highways of this state, shall have authority:
(a) To close any public road or highway to such extent and for such times as may be necessary.
(b) To fix the maximum load limit which may pass over any road or highway or any section thereof.
2. Notices of the closing of any road or highway or limiting the maximum load which may pass over the road or highway under the provisions of this section shall be given by placing a notice at each end of the section of road or highway to be protected, after such board of county highway commissioners or board of county commissioners shall have passed a resolution to such effect, which resolution shall be spread upon the minutes of such board of county highway commissioners or board of county commissioners. Such notice shall state that such road is closed to traffic or state the maximum load which may be drawn or carried over the road or highway or section thereof.
3. Any person, firm, company or corporation who shall deface, destroy, shoot or remove any sign or notice so erected or placed shall be guilty of a misdemeanor.
4. Any person, firm, company or corporation who shall pass over a road so closed, or any part thereof, or who shall carry over such road or any section thereof any load in excess of the weight stated in such resolution of the board of county highway commissioners or the board of county commissioners and as stated in such notice, [shall be guilty of a misdemeanor, and] shall be punished by a fine of not [less than $100 nor] more than $500, and shall be liable for any damage that may be done to any public road or highway or any section thereof as the result of such unlawful passage.
κ1967 Statutes of Nevada, Page 570 (CHAPTER 211, AB 71)κ
county commissioners and as stated in such notice, [shall be guilty of a misdemeanor, and] shall be punished by a fine of not [less than $100 nor] more than $500, and shall be liable for any damage that may be done to any public road or highway or any section thereof as the result of such unlawful passage.
Sec. 383. NRS 405.100 is hereby amended to read as follows:
405.100 Any person, firm, association or corporation who shall erect or maintain any billboard, sign, placard, poster or other form of advertising in violation of any of the provisions of NRS 405.020 to 405.100, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail for not less than 10 days nor more than 30 days.]
Sec. 384. NRS 405.110 is hereby amended to read as follows:
405.110 1. No advertising signs, signboards, boards or other materials containing advertising matter shall:
(a) Be placed upon or over any state highway.
(b) Be placed within the highway right-of-way.
(c) Be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the department of highways, counties, towns or cities of the State of Nevada may place at such points as may be designated by the state highway engineer suitable signboards advertising such counties, towns or municipalities.
3. If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of highways or its employees.
4. Any person placing any such sign in violation of the provisions of this section [shall be guilty of a misdemeanor, and] shall be punished by a fine of not [less than $10 nor] more than $50, and shall also be liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of a violation of the provisions of this section.
Sec. 385. NRS 405.170 is hereby amended to read as follows:
405.170 1. All persons, corporations or associations conducting water across any public road or highway, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural or manufacturing purposes shall construct, at their own expense, good and substantial culverts or bridges over such crossing, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this state.
2. Any person, corporation or association violating any of the provisions of subsection 1 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $500.
Sec. 386. NRS 405.180 is hereby amended to read as follows:
405.180 1. If any person or persons being the owner or owners, superintendent or managing agent of any water ditch, flume or artificial watercourse within this state, or other person or corporation, shall willfully, maliciously, negligently or carelessly allow or let the water from the ditch, flume or artificial watercourse run or flow into or upon any public road, highway or common street or alley of any city or town within this state, so as to make such public road, highway, street or alley impassable, or inconvenient to travel, or so as to injure the same, every person so offending [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $20 nor] more than $500.
κ1967 Statutes of Nevada, Page 571 (CHAPTER 211, AB 71)κ
superintendent or managing agent of any water ditch, flume or artificial watercourse within this state, or other person or corporation, shall willfully, maliciously, negligently or carelessly allow or let the water from the ditch, flume or artificial watercourse run or flow into or upon any public road, highway or common street or alley of any city or town within this state, so as to make such public road, highway, street or alley impassable, or inconvenient to travel, or so as to injure the same, every person so offending [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $20 nor] more than $500. [, shall be imprisoned in the county jail until the fine is paid at the rate of 1 day for every $2 of the fine.]
2. Whenever the water from any ditch, flume or artificial watercourse in this state shall run or flow into or upon any public road, highway, street or alley of any city or town of this state, and the road supervisor within whose road district such public road, highway, street or alley is situated, if there be one, or if there is no road supervisor, then any member of the board of county commissioners of the county within which such public road, highway, street or alley is situated, shall notify the owner or owners, superintendent or managing agent of such ditch, flume or artificial watercourse, that the water from the same is or has been flowing into or upon the public road, highway, street or alley, making the same impassable or inconvenient to travel or pass, or is injuring or has injured the same, and if the owner or owners, or superintendent or managing agent of the ditch, flume or artificial watercourse refuse or neglect for 5 days to repair the same and prevent the water from flowing into or upon the public road, highway, street or alley, it shall be prima facie evidence of negligence.
Sec. 387. NRS 405.220 is hereby amended to read as follows:
405.220 1. As use in this section:
(a) Dead animals means all dead animals or parts thereof, including condemned meats, not intended to be used as food.
(b) Dirt includes loose earth, ashes, manure from barns, stables, corrals and pens, offal from butcher houses and slaughterhouses, and all foul and filthy substances.
(c) Garbage includes solid or semisolid kitchen refuse subject to decay or putrefaction, and market waste of animal and vegetable matter which has been or was intended to be used as food for man or animal.
(d) Rubbish means old tin and iron cans and containers, old wood and paper boxes, old metals, wire, rope, cordage, bottles, bags and bagging, rubber and rubber tires, paper, and all used or castoff articles or material, including old plaster, brick, cement, glass, and all old building material.
2. It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited on any public highway within the State of Nevada, or within a distance of 1,000 feet from the center of any public highway, any dead animal, dirt, garbage or rubbish as defined in subsection 1.
3. Any person violating the provisions of this section shall be guilty of a misdemeanor. [, and shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail for not less than 10 days nor more than 60 days, or by both fine and imprisonment.]
Sec. 388. NRS 405.230 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 572 (CHAPTER 211, AB 71)κ
405.230 1. Any person or persons who shall, in any manner, obstruct any road, street or alley, or in any manner injure the same, or prevent travel thereon, or who shall obstruct, dam or divert any stream or water so as to throw the same, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the extent of damage to the section of the road, street, alley or highway damaged and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500.]
2. The court before which such conviction shall be had shall order the sheriff or any constable of the county to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of such road, street or alley, or any obstruction from such stream so as to allow the same to flow in its natural bed.
Sec. 389. NRS 405.250 is hereby amended to read as follows:
405.250 1. Subject to the authority conferred by law on city authorities, the boards of county commissioners or road supervisors, any owner or occupant of land may construct and maintain a sidewalk in the highway along the line of his land.
2. Sidewalks already constructed and laid out, being of reasonable limits as to width, and so as not to operate as an obstruction to the street or highway, shall be maintained and protected under this section.
3. Any person who shall willfully and intentionally ride or drive, or cause to be ridden or driven, any animal, vehicle or other thing over or upon such sidewalk, without permission of the owner or occupant, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine [in any sum not exceeding] of not more than $20, in addition to the costs of prosecution.
Sec. 390. (Deleted by amendment.)
Sec. 391. NRS 406.130 is hereby amended to read as follows:
406.130 1. Any person who shall go upon or travel over a toll road or any part thereof with an animal, vehicle or conveyance without having first paid or tendered the toll or charges for the use of the toll road, as established and fixed by the owner, to the person designated to receive the same, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $50, or by imprisonment in the county jail not exceeding 5 days, or by both fine and imprisonment.]
2. Failure of such person to have in his possession the ticket provided for in NRS 406.030 shall raise the presumption that such person has not paid or tendered the required toll.
Sec. 392. NRS 406.140 is hereby amended to read as follows:
406.140 Any person who shall obstruct, injure or destroy a toll road or any part thereof, or shall interfere with the removal of an obstruction or the repair or maintenance of a toll road, shall be guilty of a public offense, as prescribed in section 8 of this act proportionate to the value of the section of the toll road damaged or destroyed and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine not to exceed $50, or by imprisonment in the county jail for not to exceed 5 days, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 573 (CHAPTER 211, AB 71)κ
Sec. 393. NRS 406.150 is hereby amended to read as follows:
406.150 If the board of county commissioners or the owner of a toll bridge has caused to be placed in a conspicuous place at or near the end of such bridge, a notice warning all persons not to ride or drive animals upon such bridge faster than a walk, any person riding or driving any animal or animals upon any toll bridge faster than a walk shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $100, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 394. NRS 407.210 is hereby amended to read as follows:
407.210 1. The cutting or removal of any timber or other forest growth, the destruction thereof by fire or other means, except where such cutting or removal is authorized by proper authority for the proper administration or protection of any park or park lands, is hereby prohibited within any of the park or recreational areas within the jurisdiction of the system.
2. The destruction or removal of any buildings, parts of buildings, other structures, tables, stoves or any appurtenances thereto, as well as any historical relics, natural specimens such as petrified trees, petroglyphs and other relics or material within the jurisdiction of the system is hereby prohibited.
3. Any person who shall violate any of the provisions of this section shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged, destroyed, removed, burned or cut and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 395. NRS 408.890 is hereby amended to read as follows:
408.890 1. No director of the board, no engineer and no employee or officer of the department shall be interested, directly or indirectly, in any contract of any kind or character for the construction, reconstruction, improvement, supervision or maintenance of any highway, and such contract shall be void.
2. Any director of the board, any engineer, or any officer or employee who shall become interested, directly or indirectly, in any contract for the construction, reconstruction, improvement, supervision, or maintenance of any highway shall be guilty of a gross misdemeanor, and [upon conviction thereof shall be punished by a fine of $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.] shall be further punished as provided in NRS 197.230.
Sec. 396. NRS 408.950 is hereby amended to read as follows:
408.950 1. As a part of every plan and of all specifications and contracts for the construction of highways, provision shall be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from such highways and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades. Such guideposts and signboards shall contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.
κ1967 Statutes of Nevada, Page 574 (CHAPTER 211, AB 71)κ
2. The department shall:
(a) Cause to be put up, and to be kept up thereafter, on and along the highways, all such usual and necessary road markers and highway signs as have been adopted or shall hereafter, from time to time, be adopted by the American Association of State Highway Officials.
(b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the state.
3. Any person who shall willfully tear down, dig up, or in any manner deface, destroy or carry away any such guideboards, road markers, highway signs or descriptive signs as provided in this section shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the markers or signs destroyed, damaged, removed or defaced and in no event less than a misdemeanor; [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment;] and the department shall have a cause of action against such person in a court of competent jurisdiction for the amount expended for repairs and replacement of such signs and markers, together with the cost and expenses incurred in such action.
Sec. 397. NRS 412.660 is hereby amended to read as follows:
412.660 Every commissioned officer of the National Guard who willfully fails to attend any parade or encampment, and every member of the National Guard who neglects or refuses to obey the lawful command of his superior on any day of parade or encampment, or to perform such military duty as may be lawfully required of him, may be punished by a fine of not [less than $5 nor] more than $100.
Sec. 398. NRS 412.785 is hereby amended to read as follows:
412.785 1. Any person other than an officer or enlisted man of the National Guard of the State of Nevada, or of any other state, or of the United States Army, Navy, Marine Corps, Coast Guard or Forest Service, or inmate of any veterans or soldiers home, or honorably discharged soldier, sailor or marine, or student at any high school or college within this state where military science and tactics are regularly taught as prescribed by regulations of the Department of the Army, who at any time wears the uniform of the United States Army, Navy, Marine Corps or National Guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $250, or by imprisonment in the county jail not exceeding 60 days, or by both fine and imprisonment.]
2. Nothing in this chapter shall be construed as prohibiting:
(a) Persons of the theatrical profession from wearing such uniform in any playhouse or theater while actually engaged in following their profession.
(b) The uniform rank of civic societies parading or traveling in a body or assembling in a lodge room.
3. Whenever the National Guard, or any part thereof, is in active service or is called into active service, no civic organization or member thereof shall parade or appear in uniform in the locality where the National Guard is in service.
κ1967 Statutes of Nevada, Page 575 (CHAPTER 211, AB 71)κ
service or is called into active service, no civic organization or member thereof shall parade or appear in uniform in the locality where the National Guard is in service.
Sec. 399. NRS 412.795 is hereby amended to read as follows:
412.795 1. When the commander in chief shall order the return to the state of any arms, equipment, military stores or other military property belonging to the state, such arms and military property shall be delivered immediately to the officer authorized to receive it in the order. The officer shall receipt for the same, describing its condition in the receipt.
2. If the property mentioned in the order is not delivered promptly as directed, the officer named in the order is authorized to take immediate possession of the same in the name of the State of Nevada.
3. Any person resisting such officer in the performance of his duty shall be [guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500 and by imprisonment in the county jail for not more than 6 months.] punished:
(a) Where a dangerous weapon is used in the course of such resistance, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(b) Where no dangerous weapon is used in the course of such resistance, for a gross misdemeanor.
Sec. 400. NRS 412.830 is hereby amended to read as follows:
412.830 Any person who illegally shall retain in his possession or shall fail to surrender any article of military property shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $100, or by imprisonment in the county jail not exceeding 50 days, or by both fine and imprisonment.]
Sec. 401. NRS 412.835 is hereby amended to read as follows:
412.835 1. It is unlawful for any person:
(a) Except when on military duty or by special permission of his commanding officer, to wear or use any arm, equipment, uniform or other article or portion thereof of military property belonging to the state or the company of which he is a member.
(b) To refuse or neglect to return any state military property to his commanding officer within 1 day after being notified by the commanding officer to make the return or to place the same in his charge.
(c) Willfully or wantonly to injure or destroy any state military property and refuse or neglect to make good such injury or loss.
(d) To sell or dispose of any state military property or to secrete or remove any state military property with intent to sell or dispose of the same.
2. Any person violating any of the provisions of subsection 1 shall be guilty of a misdemeanor. [, and on conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than 5 days nor more than 50 days, or by both fine and imprisonment.]
Sec. 402. NRS 424.100 is hereby amended to read as follows:
424.100 Any person who violates any of the provisions of NRS 424.010 to 424.100, inclusive, is guilty of a misdemeanor. [, and upon conviction shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail not to exceed 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 576 (CHAPTER 211, AB 71)κ
$500, or by imprisonment in the county jail not to exceed 6 months, or by both fine and imprisonment.]
Sec. 403. NRS 425.250 is hereby amended to read as follows:
425.250 Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is entitled, and with the intent to defeat the purposes of this chapter, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500 or imprisonment for not more than 3 months, or by both fine and imprisonment.]
Sec. 404. NRS 427.280 is hereby amended to read as follows:
427.280 1. It is unlawful for any person knowingly to obtain, or attempt to obtain, or aid or abet any person to obtain, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance to which he is not entitled or assistance greater than that to which he is justly entitled.
2. It is unlawful for any recipient to dispose of his property without the consent of the welfare division and with the intent to defeat the purposes of NRS 427.010 to 427.280, inclusive.
3. It is unlawful for any person to aid or abet in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the welfare division and with the intent to defeat the purposes of NRS 427.010 to 427.280, inclusive.
4. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 3 months, or by both fine and imprisonment.] In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.
Sec. 405. NRS 428.110 is hereby amended to read as follows:
428.110 1. Every person, firm or corporation, or the officers, agents, servants or employees of any person, firm or corporation, bringing into or leaving within, or aiding in the bringing into or the leaving within, any county in the State of Nevada any pauper or poor or indigent or incapacitated or incompetent person mentioned in NRS 428.010, in which county such person is not lawfully settled or not lawfully residing as defined in NRS 428.020, knowing him to be such pauper or poor or indigent or incapacitated or incompetent person, and for the purpose of imposing such person as a public charge on the county to which such person shall be taken, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not more than 60 days, or by both fine and imprisonment.]
2. If any person shall bring and leave any pauper in any county in this state, wherein such pauper is not lawfully settled, knowing him to be a pauper, he shall forfeit and pay the sum of $100 for every such offense, to be sued for and recovered by and to the use of such county in a civil action before any court having jurisdiction of the same.
Sec. 406. NRS 433.640 is hereby amended to read as follows:
433.640 1. Any person who shall sell, barter, exchange or in any manner dispose of [any opium, morphine, yen shee, cocaine, or any byproduct thereof, or] any spirituous or malt liquor or beverage to any person lawfully confined in the hospital [shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a period of not less than 1 year nor more than 5 years.]
κ1967 Statutes of Nevada, Page 577 (CHAPTER 211, AB 71)κ
manner dispose of [any opium, morphine, yen shee, cocaine, or any byproduct thereof, or] any spirituous or malt liquor or beverage to any person lawfully confined in the hospital [shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a period of not less than 1 year nor more than 5 years.] is guilty of a gross misdemeanor.
2. This section shall not apply to any physician prescribing or furnishing any such [drug or] liquor to any such person, when the [drug or] liquor is prescribed or furnished for medicinal purposes only.
Sec. 407. NRS 439.210 is hereby amended to read as follows:
439.210 1. The state board of health shall from time to time promulgate rules and regulations governing the control of communicable diseases, and such rules shall have the full force and effect of law. The rules and regulations shall list those diseases, cases of which shall be reportable, and shall set forth the procedures of isolation and quarantine, if any, that shall be in effect for each reportable disease. Cases or reportable diseases shall be reported immediately by the attending physician to the local health officer, who shall make a record thereof. In those counties with a part-time health officer, such cases shall be reported immediately to the principal office of the state board of health. Any attending physician who shall fail or neglect to report forthwith, as defined in this section, any case of a reportable disease shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.]
2. The local health officer shall immediately establish and maintain upon each case of communicable disease reported to him such procedures of isolation or quarantine as shall be established by the rules and regulations of the state board of health governing the control of communicable diseases. Any person violating the rules and regulations of quarantine or isolation as established by the local health officer shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.]
Sec. 408. NRS 439.580 is hereby amended to read as follows:
439.580 1. Any local health officer or his deputy who shall neglect or fail to enforce the provisions of this chapter in his jurisdiction, or shall neglect or refuse to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the health division [, shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $10 nor] more than $100.
2. Each person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the state board of health shall be guilty of a misdemeanor. [, and upon conviction thereof, where no different express penalty is provided, shall be punished by a fine of not more than $300, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 409. NRS 440.720 is hereby amended to read as follows:
440.720 Any physician who was in medical attendance upon any deceased person at the time of death who shall neglect or refuse to make out and deliver to the undertaker, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $5 nor] more than $50.
κ1967 Statutes of Nevada, Page 578 (CHAPTER 211, AB 71)κ
deceased person at the time of death who shall neglect or refuse to make out and deliver to the undertaker, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $5 nor] more than $50.
Sec. 410. NRS 440.730 is hereby amended to read as follows:
440.730 If any physician shall knowingly make a false certification of the cause of death in any case, he [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $200.
Sec. 411. NRS 440.740 is hereby amended to read as follows:
440.740 Any physician or midwife in attendance upon a case of confinement or any person charged with responsibility for reporting births who shall neglect or refuse to file a proper certificate of birth with the local health officer within the time required by law [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $5 nor] more than $50.
Sec. 412. NRS 440.750 is hereby amended to read as follows:
440.750 Any undertaker, sexton or other person acting as undertaker or inters, removes or otherwise disposes of the body of any deceased person without having received a burial or removal permit [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $20 nor] more than $100.
Sec. 413. NRS 440.760 is hereby amended to read as follows:
440.760 Any person who shall willfully alter any certificate of birth or death, or the copy of any certificate of birth or death, on file in the office of the local or state board of health, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not more than 60 days, or by both fine and imprisonment.]
Sec. 414. NRS 440.770 is hereby amended to read as follows:
440.770 Any person who shall furnish false information to a physician, undertaker, midwife or informant for the purpose of making incorrect certification of births or deaths [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $5 nor] more than $100.
Sec. 415. NRS 440.780 is hereby amended to read as follows:
440.780 Every person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the state board of health shall be guilty of a misdemeanor. [, and upon conviction thereof, where no different express penalty is provided, shall be punished by a fine not exceeding $300, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 416. NRS 441.290 is hereby amended to read as follows:
441.290 1. Any person violating any rule or regulation of the board, or any provision of this chapter, or refusing to give any of the information or to make any report, or refusing to submit to any treatment or examination required by this chapter, or refusing to perform any duty or act required by this chapter, or knowingly exposing any person to or infecting any person with any venereal disease, or any person infected with venereal disease in an infectious state who knows of such condition and who marries or has sexual intercourse, is guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 579 (CHAPTER 211, AB 71)κ
venereal disease in an infectious state who knows of such condition and who marries or has sexual intercourse, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
2. Any person causing the name of any person against whom any mandamus proceeding or criminal prosecution is instituted, as provided for by this chapter, to appear in any newspaper or magazine without the consent of such person, or any person who reveals the name of any such person except as authorized by this chapter, or as such person shall consent, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 417. NRS 442.020 is hereby amended to read as follows:
442.020 Any person violating any of the provisions of NRS 442.010 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $300, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 418. NRS 442.110 is hereby amended to read as follows:
442.110 Any physician, surgeon, midwife, obstetrician, nurse, manager or person in charge of a maternity home or hospital, parent, relative or person attending upon or assisting at the birth of an infant who violates any of the provisions of NRS 442.030 to 442.100, inclusive, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $10 nor] more than $100.
Sec. 419. NRS 443.260 is hereby amended to read as follows:
443.260 1. Any person who violates any provision or NRS 443.170 to 443.250, inclusive, is guilty of a misdemeanor. [and shall be punished by a fine of not less than $25 or more than $500, or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment.]
2. Such person shall be guilty of a separate offense for each day any such violation continues.
3. The district attorney of the county in which any violation of NRS 443.170 to 443.250, inclusive, occurs shall prosecute such violation and, upon the request of a health officer, shall prosecute any violation of an isolation, quarantine or examination order duly made and served.
Sec. 420. NRS 444.060 is hereby amended to read as follows:
444.060 1. It shall be unlawful for any person owning, operating or managing a public place of any kind or character to exhibit for use or permit the use of a common towel as described in NRS 444.050.
2. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $100, or by imprisonment in the county jail not exceeding 30 days, or by both fine and imprisonment.]
Sec. 421. NRS 444.120 is hereby amended to read as follows:
444.120 1. Any person, firm or corporation, whether as principal or agent, or employer or employee, who violates any of the provisions of NRS 444.070 to 444.110, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 580 (CHAPTER 211, AB 71)κ
$25 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
2. Each day that conditions or actions in violation of NRS 444.070 to 444.110, inclusive, shall continue shall be deemed to be a separate and distinct offense.
Sec. 422. NRS 444.200 is hereby amended to read as follows:
444.200 Any person, firm, corporation, agent or officer of a firm or corporation, or any superintendent or overseer in charge of the work in or at any camp coming under the provisions of NRS 444.130 to 444.190, inclusive, who shall violate or fail to comply with the provisions of NRS 444.130 to 444.190, inclusive, is guilty of a misdemeanor. [, and shall, upon conviction thereof, be punished by a fine of not more than $200, or by imprisonment in the county jail for not more than 60 days, or by both fine and imprisonment.]
Sec. 423. NRS 444.210 is hereby amended to read as follows:
444.210 1. As used in this section, garbage includes any or all of the following: Garbage, swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside for such purpose by the governing board or body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a gross misdemeanor.
3. Every state fish and game warden, police officers of incorporated cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada, within their respective jurisdictions, shall enforce the provisions of this section.
Sec. 424. NRS 445.010 is hereby amended to read as follows:
445.010 Any person or persons, firm, company, corporation, association, city or town which shall deposit, or which shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams and ditches in or running into or through the State of Nevada, or cause to be washed or infiltered into any of such waters, or place or deposit where the same may be washed or infiltered into any of such waters, any sawdust, pulp, oils, rubbish, filth or poisonous or deleterious substance or substances which affects the health of persons, fish or livestock, or renders such waters unpalatable or distasteful, shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, exclusive of court costs.]
Sec. 425. NRS 445.120 is hereby amended to read as follows:
445.120 Any person, firm, association or corporation violating any of the provisions of NRS 445.080 to 445.110, inclusive, or of the rules and regulations hereby established shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail not to exceed 3 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 581 (CHAPTER 211, AB 71)κ
than $500, or by imprisonment in the county jail not to exceed 3 months, or by both fine and imprisonment.]
Sec. 426. NRS 446.630 is hereby amended to read as follows:
446.630 Any person violating any of the provisions of NRS 446.010 to 446.620, inclusive, or any of the provisions of the interpretive code established pursuant to NRS 446.390 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 427. NRS 447.210 is hereby amended to read as follows:
447.210 1. Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state, who shall fail to comply with this chapter or any of the provisions of the regulations hereby established, whether through the acts of himself, his agent or employees, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
2. Every day that any hotel shall be kept in violation of any of the provisions of this chapter, such keeping shall constitute a separate offense.
Sec. 428. NRS 448.030 is hereby amended to read as follows:
448.030 1. Any person who shall obtain care for any child in any child care establishment with intent to defraud the keeper or proprietor of such establishment shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not to exceed $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
2. This section shall not apply where there has been an agreement in writing for delay in payment for a period exceeding 10 days.
Sec. 429. NRS 449.010 is hereby amended to read as follows:
449.010 1. It shall be unlawful for any person, firm, corporation or association to locate or maintain any hospital for the treatment of diseased or injured persons within 300 feet of any public school building.
2. Nothing in this section shall apply to hospitals being operated on January 1, 1912.
3. Any person violating any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $300.
Sec. 430. NRS 449.210 is hereby amended to read as follows:
449.210 1. A violation of any provision or NRS 449.020 to 449.240, inclusive, or the rules and regulations adopted thereunder [is a misdemeanor and] shall be punished [, upon conviction,] by a fine of not more than $100 for the first offense, and $500 for each subsequent offense.
2. Each day of violation shall constitute a separate offense.
Sec. 431. NRS 451.030 is hereby amended to read as follows:
451.030 1. Every person who shall remove the dead body of a human being, or any part thereof, from a grave, vault or other place where the same has been buried or deposited awaiting burial or cremation, without authority of law, with intent to sell the same, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by a fine of not more than $1,000, or by both imprisonment and fine.
κ1967 Statutes of Nevada, Page 582 (CHAPTER 211, AB 71)κ
malice or wantonness, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [5] 6 years, or by a fine of not more than $1,000, or by both imprisonment and fine.
2. Every person who shall purchase or receive, except for burial or cremation, any such dead body, or any part thereof, knowing that the same has been removed contrary to the provisions of subsection 1, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 3 years, or by a fine of not more than $1,000, or by both imprisonment and fine.
3. Every person who shall open a grave or other place of interment, temporary or otherwise, or a building where such dead body is deposited while awaiting burial or cremation, with intent to remove the body or any part thereof, for the purpose of selling or demanding money for the same, for dissection, from malice or wantonness, or with intent to sell or remove the coffin or any part thereof or anything attached thereto, or any vestment or other article interred or intended to be interred with the body, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 3 years, or by a fine of not more than $1,000, or by both imprisonment and fine.
Sec. 432. NRS 451.050 is hereby amended to read as follows:
451.050 1. Any person, company, association or corporation in this state who shall exhume or disinter, or who shall cause to be exhumed or disinterred, any human remains, or any part of such remains, which have been buried in the ground in this state, for the purpose of transporting the same to any other state or foreign country, except under the conditions provided in subsection 2, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $300 nor more than $500, or by imprisonment in the county jail for not less than 3 months nor more than 6 months, or by both fine and imprisonment.]
2. The boards of county commissioners of the several counties in which human remains are buried or interred, as provided in subsection 1, are authorized to grant and to issue written permits for the disinterment and removal of any such human remains referred to in subsection 1, whenever in their judgment the public health will not be endangered by such disinterment and removal; but no such permit shall be granted or issued under any circumstances or at any time where the person or persons buried or interred have died from or with any contagious or loathsome disease.
Sec. 433. NRS 451.060 is hereby amended to read as follows:
451.060 1. Any transportation company or common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with law, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $200. If the death occurred outside of the state and the body is accompanied by a burial, removal or transit permit issued in accordance with the law or board of health regulations in force where the death occurred, such burial, removal or transit permit may be held to authorize the transportation or carriage of the body into or through the state.
κ1967 Statutes of Nevada, Page 583 (CHAPTER 211, AB 71)κ
2. Any railroad, transportation or express company which shall receive for transportation and shipment any dead human body, unless the body has been prepared by a regularly licensed embalmer of the State of Nevada, with the removal permit, his name and the number of his embalmers license attached thereon, and unless the body shall reach its destination within the boundaries of this state and within 30 hours from time of death, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $25 nor] more than $500.
Sec. 434. NRS 452.040 is hereby amended to read as follows:
452.040 Any person who shall violate any of the provisions of NRS 452.010 to 452.030, inclusive, or who, after being notified by the board of county commissioners, shall fail or refuse to place the cemetery under his charge or ownership in an orderly condition, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $100, or by imprisonment in the county jail for not less than 25 days nor more than 100 days.]
Sec. 435. NRS 452.180 is hereby amended to read as follows:
452.180 1. It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman, to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. Any person violating any of the provisions of NRS 452.050 to 452.180, inclusive, shall be personally liable for all damages resulting to any person or persons by reason of such violation, and shall also upon conviction thereof be guilty of a misdemeanor. [punishable by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.]
2. The state board of finance, for the purpose of ascertaining the assets, conditions, and affairs of any endowment care cemetery, may examine the books, records, documents and assets of any endowment care cemetery operating, or being organized to operate as such, in the State of Nevada, and may make whatever other investigations as may be necessary to determine that such cemeteries are complying fully with the provisions of NRS 452.050 to 452.180, inclusive.
3. If, after an examination or investigation, the state board of finance has just cause to believe that a cemetery granted a permit under the provisions of NRS 452.050 to 452.180, inclusive, has failed to comply with the provisions and requirements of NRS 452.050 to 452.180, inclusive, it may, after due notice and hearing, if it finds the cemetery authority has violated the requirements or regulations contained herein, revoke or refuse to renew the permit of such cemetery authority and refer the violation to the attorney general to determine if further action should be taken under subsection 1.
Sec. 436. NRS 452.200 is hereby amended to read as follows:
452.200 Any member of a board of trustees or any officer or director of a corporation or association violating any of the provisions of NRS 452.190 shall be personally liable therefor, and shall upon conviction thereof be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 584 (CHAPTER 211, AB 71)κ
thereof be guilty of a misdemeanor. [punishable by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 437. NRS 452.270 is hereby amended to read as follows:
452.270 [1.] Any person, any member of a firm, or any officer or director of a corporation failing to comply with each and every provision of NRS 452.210 to 452.260, inclusive, shall be personally liable therefor, and [shall, upon conviction thereof, be] is guilty of a misdemeanor.
[2. A violation of any of the provisions of NRS 452.210 to 452.260, inclusive, shall be punishable by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 438. NRS 452.280 is hereby amended to read as follows:
452.280 Any person who willfully, unlawfully and maliciously breaks, destroys, removes, damages or injures in any manner any monument, gravestone, curbing or vault in any enclosed private or public cemetery is guilty of a [misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $300, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.] public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged, removed or destroyed.
Sec. 439. NRS 452.290 is hereby amended to read as follows:
452.290 Any person who shall pasture or cause to be pastured any livestock of any description within an enclosed private or public cemetery is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine in any sum not exceeding $300, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 440. NRS 453.210 is hereby amended to read as follows:
453.210 1. (a) Except as otherwise provided in subsections 2 and 3 of this section, any person who violates any provision of NRS 453.010 to 453.240, inclusive, shall [, upon conviction, be fined not more than $2,000 and be imprisoned in the state prison not less than 2 years or more than 5 years.] be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
(b) For a second offense, or if, in case of a first conviction or violation of any provision of NRS 453.010 to 453.240, inclusive, the offender shall previously have been convicted of any violation of the laws of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be [fined not more than $2,000 and be imprisoned in the state prison not less than 5 years or more than 10 years.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.
(c) For a third or subsequent offense, or if the offender shall previously have been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be [fined $2,000 and be imprisoned in the state prison not less than 10 years or more than 20 years.
κ1967 Statutes of Nevada, Page 585 (CHAPTER 211, AB 71)κ
$2,000 and be imprisoned in the state prison not less than 10 years or more than 20 years.
(d) Except in the case of conviction for a first offense, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.] punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.
2. Any person who is convicted of the illegal sale, exchange, barter, supplying or giving away of narcotic drugs or marihuana to a person who is:
(a) Twenty-one years of age or older shall be [fined $10,000 and imprisoned in the state prison for not less than 20 years or more than 40 years.] punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall [, upon conviction, be fined $10,000 and imprisoned in the state prison for not less than 40 years, which term may be extended to life.] be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000.
(b) Under 21 years of age shall be [fined $10,000 and imprisoned] punished by imprisonment in the state prison for life [.] , with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole.
3. Any person who supplies narcotic drugs or marihuana to another person knowing that such other person intends illegally to sell, exchange, barter, supply or give away such drugs or marijuana, and such other person illegally sells, exchanges, barters, supplies or gives away such drugs or marihuana [to a person who is:
(a) Twenty-one years of age or older shall, upon conviction, be imprisoned in the state prison for not less than 30 years or more than 60 years. For a second and subsequent offense, the offender shall, upon conviction, be imprisoned in the state prison for life.
(b) Under 21 years of age shall, upon conviction, be imprisoned in the state prison for life.] shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole.
4. Any term of imprisonment imposed under the provisions of subsections 2 and 3 shall be served without possibility of probation. [or parole.]
Sec. 441. NRS 453.330 is hereby amended to read as follows:
453.330 1. Every person who knowingly plants, cultivates, harvests, dries or processes any marihuana or any part thereof shall [, upon conviction, be imprisoned in the state prison not less than 2 years or more than 5 years.
κ1967 Statutes of Nevada, Page 586 (CHAPTER 211, AB 71)κ
dries or processes any marihuana or any part thereof shall [, upon conviction, be imprisoned in the state prison not less than 2 years or more than 5 years.
2. Upon conviction of a second offense the offender shall be imprisoned in the state prison not less than 5 years nor more than 10 years.
3.] be punished:
(a) For a first offense, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
(b) For a second offense, by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.
(c) For a third or subsequent offense, by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.
2. Conviction and punishment under the provisions of this section shall be in addition to, and not in lieu of, punishment for any other act for which a penalty is provided in this chapter.
Sec. 442. NRS 454.170 is hereby amended to read as follows:
454.170 Any person violating any of the provisions of NRS 454.010 to 454.160, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $30 nor more than $100, or by imprisonment in the county jail for not more than 50 days, or by both fine and imprisonment.]
Sec. 443. NRS 454.380 is hereby amended to read as follows:
454.380 1. Every person who violates any provision of NRS 454.180 to 454.450, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Nothing contained in this section shall apply to a registered pharmacist furnishing such drugs pursuant to a prescription.
Sec. 444. NRS 456.100 is hereby amended to read as follows:
456.100 Any person violating the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 445. NRS 457.220 is hereby amended to read as follows:
457.220 Every person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 446. NRS 463.340 is hereby amended to read as follows:
463.340 1. It shall be unlawful to conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device, or to deal, conduct, carry on, operate or expose for play any game or games played with cards, dice, or any mechanical device, or any combination of the same, which may have in any manner been marked or tampered with to deceive the public or equipped with electrical or any other device whatever which might render the game more liable to win or lose.
κ1967 Statutes of Nevada, Page 587 (CHAPTER 211, AB 71)κ
device, or any combination of the same, which may have in any manner been marked or tampered with to deceive the public or equipped with electrical or any other device whatever which might render the game more liable to win or lose. The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public is expressly made unlawful.
2. Any violation of the provisions of this section [shall be deemed] is a gross misdemeanor. [, and shall be punished by a fine of not less than $1,000, or by imprisonment in the county jail for not less than 6 months, or by both fine and imprisonment.]
Sec. 447. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of the violation of any of the provisions of this chapter may act as an immediate revocation of any and all licenses which may have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for a period of 1 year from the date of such revocation.
2. The violation of any of the provisions of this chapter, the penalty for which is not herein specifically fixed, [shall be deemed] is a gross misdemeanor. [, and shall be punished by a fine of not less than $1,000, or by imprisonment in the county jail for not less than 6 months, or by both fine and imprisonment.]
Sec. 448. NRS 463.480 is hereby amended to read as follows:
463.480 Any person, firm, association or corporation, or any of their officers or agents, violating any of the provisions of NRS 463.430 to 463.470, inclusive, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $5,000, or by imprisonment in the state prison for not [to exceed 5] less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 449. NRS 464.100 is hereby amended to read as follows:
464.100 The violation of any of the provisions of this chapter or the regulations promulgated hereunder [shall be deemed] is a misdemeanor. [and shall be punished by a fine of not more than $500, or imprisonment in the county jail for a term of not more than 6 months, or by both fine and imprisonment.]
Sec. 450. NRS 465.030 is hereby amended to read as follows:
465.030 If any person shall keep, exhibit, or have in his possession any cards, tables, checks, wheels, slot machines or gambling devices of any nature used or kept for the purpose of playing any of the games mentioned in NRS 465.010, or shall aid, assist or permit others to do the same, [upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.] such person is guilty of a misdemeanor.
Sec. 451. NRS 465.070 is hereby amended to read as follows:
465.070 1. Every person who, by color, or aid of any trick or sleight-of-hand performance, or by any fraud or fraudulent scheme, cards, dice or device, shall win for himself or for another any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.]
κ1967 Statutes of Nevada, Page 588 (CHAPTER 211, AB 71)κ
prison for not less than 1 year nor more than 10 years [.] , or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Every person who shall entice or induce another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device is being conducted or operated; or while in such place shall entice or induce another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 452. NRS 465.080 is hereby amended to read as follows:
465.080 1. It shall be unlawful for any person playing any licensed gambling game:
(a) To use bogus or counterfeit chips, or to substitute and use in any such game cards or dice that have been marked, loaded or tampered with; or
(b) To employ or have on his person any cheating device to facilitate cheating in such games.
2. It shall be unlawful for any person, in playing or using any slot machine, lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or in connection with the sale, use or enjoyment of property or service:
(a) To use other than lawful coin, legal tender of the United States of America, not of the same denomination as the coin intended to be used in such device, except that in the playing of any slot machine, it shall be lawful for any such person to use tokens or similar objects therein which are approved by the state gaming control board; or
(b) To use or have on his person any cheating or thieving device to facilitate removing from any slot machine, lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.
3. Any violation of the provisions of this section shall be a gross misdemeanor. [and shall be punishable by a fine not less than $1,000, or by imprisonment in the county jail for not less than 6 months nor more than 1 year or by both fine and imprisonment.]
Sec. 453. NRS 465.090 is hereby amended to read as follows:
465.090 1. It is unlawful for any person, firm or corporation to furnish or disseminate any information whatever in regard to racing or races, from any point within this state to any point without the State of Nevada, by means of telephone, telegraph, teletype, radio or any signaling device, with the intention that such information is to be used to induce betting or wagering on the result of such race or races, or with the intention that such information is to be used to decide the result of any bet or wager made upon such race or races.
2. Nothing in this section shall be construed as to prohibit newspapers of general circulation from printing and disseminating news concerning races that are to be run or the results of races that have been run.
κ1967 Statutes of Nevada, Page 589 (CHAPTER 211, AB 71)κ
3. Any violation of the provisions of this section shall be a felony and shall be punishable by a fine of not [less than $1,000 nor] more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 3 years, or by both fine and imprisonment.
Sec. 454. NRS 466.220 is hereby amended to read as follows:
466.220 1. Any person failing to appear before the Nevada racing commission at the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, shall be guilty of a misdemeanor. [, and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
2. Any false swearing on the part of any witness having appeared before the commission shall be deemed perjury and shall be punished as such.
3. Any person aiding or abetting in the conduct of any meeting within the State of Nevada at which races of horses shall be permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Nevada racing commission, shall be guilty of a gross misdemeanor. [, and upon conviction shall be punished by a fine of not less than $500 nor more than $2,000, or by imprisonment not exceeding 1 year, or by both fine and imprisonment.]
4. Any violation of the provisions of this chapter, or the rules and regulations of the commission, for which no other penalty is provided in this section is a misdemeanor.
Sec. 455. NRS 475.030 is hereby amended to read as follows:
475.030 1. It is unlawful for any person willfully or negligently:
(a) To throw or place any lighted cigarette, cigar, ashes, match or other material which may cause a fire in any place where such lighted cigarette, cigar, match, ashes or other material may start a fire.
(b) To throw or place from a moving vehicle any lighted cigarette, cigar or ashes which may cause a fire.
2. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $15 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 456. NRS 475.040 is hereby amended to read as follows:
475.040 Every person who lights a fire for any purpose along the road through any woodland, or upon the same, or at any other place in the open, and thereby, or by any other means, sets fire to any growing timber or forest, shrubbery, crops, grass or vegetation, and thereby causes the destruction of any timber, forest, crops, grass, vegetation or property not his own, [of the value of $50 or more, shall be guilty of a felony and imprisoned in the state prison for not less than 1 year nor more than 5 years, and in addition thereto may be fined in a sum not exceeding $10,000 and not exceeding twice the value of the property destroyed,] is guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the loss resulting therefrom, in addition to being liable to the owner of such property for the full value thereof in a civil action.
Sec. 457. NRS 475.080 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 590 (CHAPTER 211, AB 71)κ
475.080 Ever person who, with intent to prevent or obstruct the extinguishment of any fire, shall cut or remove any bell rope, wire or other apparatus for communicating an alarm of fire, or cut, injure or destroy any engine, hose or other fire apparatus, or otherwise prevent or obstruct the extinguishment of any fire, [shall be punished by imprisonment in the state prison for not more than 5 years, or by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $1,000.] is guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the loss resulting therefrom and in no event less than a misdemeanor.
Sec. 458. NRS 475.100 is hereby amended to read as follows:
475.100 1. It is unlawful for any person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire in any city, town or community in this state.
2. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $100, or by imprisonment in the county jail for not more than 50 days.]
3. This section shall not be construed to apply to alarms given for practice by any chief of a fire department or by any other person properly authorized to give such alarms, nor to alarms given by any person to attract attention of police, firemen or other people to acts of violence, disorder or menace.
Sec. 459. NRS 475.110 is hereby amended to read as follows:
475.110 1. All sheriffs, their deputies, firewardens, other peace officers or any national forest officer shall have authority to call upon able-bodied male persons within the State of Nevada who are between the ages of 16 years and 50 years for assistance in extinguishing fires in timber or in brush.
2. Such persons who refuse to obey such summons or who refuse to assist in fighting fire for the period of time stated in subsection 3, unless they present good and sufficient reasons, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $15 nor more than $50, or by imprisonment in the county jail of the county in which such conviction shall be had for not less than 10 days nor more than 30 days, or by both fine and imprisonment.]
3. No male person shall be required to fight fire a total of more than 5 days during any 1 year.
4. The board of county commissioners is authorized to fix the amount of compensation to be paid to male persons drafted to fight fires as provided in this section, and the sums so fixed shall be allowed and paid as other claims against the county are paid.
5. For the purpose of obtaining the benefits of the Nevada Industrial Insurance Act, male persons drafted to fight fires shall be considered employees of the county demanding their services, and they shall be entitled to receive for disability incurred by reason thereof the benefits under the Nevada Industrial Insurance Act. The county shall report and pay premiums to the Nevada industrial commission for persons so engaged.
Sec. 460. NRS 476.050 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 591 (CHAPTER 211, AB 71)κ
476.050 Every person who shall maliciously place any explosive substance or material in, upon, under, against or near any building, car, vessel, railroad track or structure, in such manner or under such circumstances as to destroy or injure the same if exploded, shall be guilty of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years.
Sec. 461. NRS 476.060 is hereby amended to read as follows:
476.060 1. Whenever there shall be filed with the board of county commissioners of any county a petition signed by 10 percent of the residents of any town or incorporated city within the county, the 10 percent to be computed from the number of persons paying taxes in the town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, explosive or combustible materials be prohibited within the limits of such town or city, the board shall, at the meeting of such board when the petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosives or combustible materials within such distance of the town or city as the board may deem safe and proper, but the distance named in the order for such storage shall not be less than one-fourth of a mile from the limits of the town or city.
2. The order mentioned in subsection 1 to be made by the board may be published by the clerk of the board of county commissioners for 2 weeks successively in some newspaper published and printed in the town or city to which the order applies, or a copy of the order shall be posted conspicuously in three public places in the town or city. The publication or posting shall constitute due notice to all concerned.
3. Nothing contained in this section shall be so construed as to prohibit or prevent:
(a) The storage by any person, firm or corporation within the limit prescribed by the order of any board, of not more than 100 pounds of black and smokeless gunpowder or rifle powder, and not more than 500 gallons of kerosene oil.
(b) The keeping within such limit of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual.
(c) The storing of powder underground in mines.
4. Any board of county commissioners, or any member thereof, failing, neglecting or refusing to comply with all of the provisions of subsection 1 shall be guilty of a misdemeanor, and proceedings shall at once be instituted by the district attorney, or may be instituted by any citizen of the county against such board, or against any member thereof. [Upon conviction, the members or any member of the board shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.] Such conviction shall ipso facto remove such board, or any member thereof so convicted, from office. Notice of the vacancy thereby created shall be certified by the district attorney to the governor. Within 20 days from the receipt of such notice, the governor shall make appointments to fill such vacancy as may be created.
5. Any person, firm, company or corporation continuing to store any explosive or combustible materials within the limit prescribed by such order and notice, after 2 weeks subsequent to the giving of notice, or after 3 weeks subsequent to the making of such order, shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 592 (CHAPTER 211, AB 71)κ
such order and notice, after 2 weeks subsequent to the giving of notice, or after 3 weeks subsequent to the making of such order, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 462. NRS 482.355 is hereby amended to read as follows:
482.355 Any person violating the provisions of NRS 482.320 to 482.350, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 20 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 463. NRS 482.470 is hereby amended to read as follows:
482.470 1. Whenever any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall return the certificate of ownership and the certificate of registration to the department. The department shall rescind and cancel the certificates.
2. Any owner who fails to comply with the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 20 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 464. NRS 482.555 is hereby amended to read as follows:
482.555 [1.] In addition to any other penalty provided by this chapter, it shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this state declared to be a gross misdemeanor or a felony.
[2. Every person convicted of a misdemeanor, as provided by subsection 1, for the violation of any provision of this chapter shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
3. Notwithstanding the provisions of subsections 1 and 2 of this section, any owner who moves or permits his mobile home to be moved, and any transporter who moves such mobile home for remuneration, in violation of any of the provisions of NRS 482.397 is guilty of a misdemeanor and shall be punished by a fine of:
(a) Not less than $50 in the case of an owner.
(b) Not less than $200 in the case of a transporter.]
Sec. 465. NRS 483.550 is hereby amended to read as follows:
483.550 1. It is unlawful for any person to operate a motor vehicle upon a public street or highway in this state without being the holder of a valid operators or chauffeurs license.
2. Any person convicted of violating the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $10 or] more than $100. The court shall require the person convicted to obtain a valid operators license or chauffeurs license or produce a notice of disqualification from the department.
κ1967 Statutes of Nevada, Page 593 (CHAPTER 211, AB 71)κ
Sec. 466. NRS 483.560 is hereby amended to read as follows:
483.560 1. Whenever the department has suspended or revoked the license of any operator or chauffeur, it shall be unlawful for such operator or chauffeur to operate a vehicle on the public streets and highways of this state during the period of suspension or revocation.
2. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor. [, and shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 467. NRS 483.620 is hereby amended to read as follows:
483.620 [1.] It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, unless such violation is by NRS 483.010 to 483.630, inclusive, or other law of this state declared to be a felony.
[2. Unless another penalty is in NRS 483.010 to 483.630, inclusive, or by the laws of this state provided, every person convicted of a misdemeanor for the violation of any provisions of NRS 483.010 to 483.630, inclusive, shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 468. NRS 484.010 is hereby amended to read as follows:
484.010 1. Whenever an automobile, motorcycle or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver shall immediately cause such vehicle to stop, and shall render to the person struck, or the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or is such carrying be requested by the person struck, or the occupant of the vehicle struck.
2. Such driver and the person having or assuming authority over such driver shall further give to the occupants of such vehicle, or such person struck, the number of his vehicle, the name of the owner thereof, and the name of the passenger or passengers in each vehicle at the time of such striking or collision.
3. As soon as possible, every such driver shall make a full report of the collision, with all details and circumstances thereof, to the sheriff of the county in which the collision occurred, and to the nearest office of the Nevada highway patrol or office of a duly authorized police authority, or, if such a collision occurs within an incorporated city, to the chief of police of the city.
4. Except as otherwise provided in subsection 5, any person violating any of the provisions of this section shall be guilty of a gross misdemeanor.
5. If a person is struck and physically injured or if an occupant of a vehicle collided with is physically injured and the driver of the vehicle so striking and injuring the person or colliding with such vehicle fails to stop and render assistance as required by subsection 1, such driver and all persons in such vehicle who have or assume authority over such driver shall be [guilty of a felony.]
κ1967 Statutes of Nevada, Page 594 (CHAPTER 211, AB 71)κ
all persons in such vehicle who have or assume authority over such driver shall be [guilty of a felony.] punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 469. NRS 484.040 is hereby amended to read as follows:
484.040 Any person while intoxicated or under the influence of intoxicating liquor who drives or operates a vehicle of any kind, and who, by reason of such intoxication or condition, does any act or neglects any duty now or hereafter imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punished [as for a felony.] by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 470. NRS 484.050 is hereby amended to read as follows:
484.050 1. It shall be unlawful for any person, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state.
2. Any person who violates the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for a period to be fixed by the court not to exceed 6 months, or by both fine and imprisonment.] The convicted persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the department of motor vehicles for a period of not less than 30 days nor more than 1 year.
3. Upon a subsequent conviction within 10 years for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 and my imprisonment in the county jail for not less than 10 days nor more than 6 months. His license to operate a vehicle in this state shall be revoked for 2 years by the department of motor vehicles.
4. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
Sec. 471. NRS 484.210 is hereby amended to read as follows:
484.210 1. Except as provided in subsection 2, the driver of any vehicle upon a highway, street or road, when meeting or overtaking, from either direction, any school bus, equipped with signs and signals required by law, which has stopped on the highway, street or road for the purpose of receiving or discharging any pupil and is displaying a flashing red light signal visible from the front and rear, shall bring his vehicle to a stop immediately and shall not proceed past the school bus until the flashing red signal ceases operation.
2. The driver of a vehicle upon a highway, street or road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the school bus is stopped at an intersection or a place where traffic is controlled by a traffic officer or an official traffic signal.
3. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 595 (CHAPTER 211, AB 71)κ
be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 472. NRS 484.220 is hereby amended to read as follows:
484.220 1. For the purpose of this section, a temporary roadblock means any structure, device or means used by the duly elected or appointed law enforcement officers, and their deputies, for the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.
2. The duly elected or appointed law enforcement officers, and their deputies, in this state are hereby authorized to establish, in their respective jurisdiction, or in other jurisdictions within the state, temporary roadblocks upon the highways of this state for the purpose of apprehending persons known to such officers to be wanted for violation of the laws of this state, or of any other state, or of the United States, and using the highways of this state for the purpose of escape.
3. For the purpose of warning and protecting the traveling public, the minimum requirements to be met by such officers establishing temporary roadblocks are:
(a) The temporary roadblock must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.
(b) At the point of the temporary roadblock, a sign shall be placed on the centerline of the highway displaying the word Stop in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards, in both directions, either in daytime or darkness.
(c) At the same point of the temporary roadblock, at least one red light, on and burning, must be placed at the side of the highway, which shall be a flashing or intermittent beam of light, clearly visible to the oncoming traffic at a distance of not less than 100 yards.
(d) At a distance of not less than one-quarter of a mile from the point of the temporary roadblock, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity, to warn the oncoming traffic that a police stop lies ahead. A burning beam light, flare or lantern must be placed near such signs for the purpose of attracting the attention of the traffic to the sign.
4. Nothing in this section shall be deemed to limit, or encroach upon, the existing authority of Nevada law enforcement officers in the performance of their duties involving traffic control.
5. Any person who shall proceed or travel through a roadblock without subjecting himself to the traffic control so established shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 473. NRS 484.460 is hereby amended to read as follows:
484.460 1. It shall be unlawful for any person, firm, company or corporation to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state or foreign privately owned motor vehicle equipped with a red light or lights or with a siren or sirens attached thereto as a part of the equipment of the vehicle.
κ1967 Statutes of Nevada, Page 596 (CHAPTER 211, AB 71)κ
2. This section is not intended to repeal, amend or in any manner change the present existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in subsection 1; nor shall this section apply to motor vehicles registered in foreign states having reciprocal arrangements made with the department of motor vehicles in relation to the use of red lights and sirens upon out-of-state motor vehicles.
3. A violation of the provisions of this section is [a misdemeanor] punishable by a fine [not to exceed] of not more than $250.
Sec. 474. NRS 485.330 is hereby amended to read as follows:
485.330 Any person whose license or registration or nonresidents operating privilege has been suspended or revoked under this chapter and who, during such suspension or revocation, drives any motor vehicle upon any highway or knowingly permits any motor vehicle owned by such person to be operated by another upon any highway, except as permitted under this chapter, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 475. NRS 485.340 is hereby amended to read as follows:
485.340 Any person willfully failing to return a license or registration as required in NRS 485.320 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 476. NRS 485.350 is hereby amended to read as follows:
485.350 Any person who forges or, without authority, signs any notice provided for under this chapter that a policy or bond is in effect, or any evidence of proof of financial responsibility, or who files or offers for filing any such notice or evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.]
Sec. 477. NRS 485.360 is hereby amended to read as follows:
485.360 Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 60 days, or by both fine and imprisonment.]
Sec. 478. NRS 493.100 is hereby amended to read as follows:
493.100 Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, shall engage in trick or acrobatic flying, or in any acrobatic feat, or shall, except while in landing or taking off, fly at such a low level as to endanger the persons on the surface, or drop any object except loose water or loose sand ballast, shall be guilty of a misdemeanor. [and punishable by a fine of not more than $500, or imprisonment for not more than 6 months in the county jail, or both.]
Sec. 479. NRS 493.110 is hereby amended to read as follows:
493.110 1. Except as otherwise provided in subsection 2, any aeronaut or passenger who, while in flight within this state, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 597 (CHAPTER 211, AB 71)κ
aeronaut or passenger who, while in flight within this state, shall intentionally kill or attempt to kill any birds or animals shall be guilty of a misdemeanor. [and punishable by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or both.]
2. Wolves, coyotes, Canadian lynx, bobcats, or mountain lions may be hunted and killed from aircraft under permit of the state department of agriculture which is authorized to cooperate with the United States Fish and Wildlife Service and to promulgate reasonable rules and regulations, not inconsistent with the provisions of this section, for its administration.
Sec. 480. NRS 493.130 is hereby amended to read as follows:
493.130 Any person operating an aircraft in the air, or on the ground or water, while under the influence of intoxicating liquor, narcotics or other habit-forming drug, or operating an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another shall be guilty of a gross misdemeanor. [and punishable by a fine of not more than $1,000, or by imprisonment for not more than 1 year, or both fine and imprisonment.]
Sec. 481. NRS 493.200 is hereby amended to read as follows:
493.200 Unless a specific penalty is otherwise provided, any person violating any of the provisions of NRS 493.130 to 493.200, inclusive, [shall be punishable by a fine of not more than $100 or by imprisonment of not more than 90 days, or both fine and imprisonment.] is guilty of a misdemeanor.
Sec. 482. NRS 497.260 is hereby amended to read as follows:
497.260 1. Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall constitute a misdemeanor, [and shall be punishable by a fine of not more than $100 or imprisonment for not more than 90 days, or by both fine and imprisonment,] and each days violation of this chapter or of any regulations, orders or rulings promulgated or made pursuant to this chapter shall constitute a separate offense.
2. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto.
Sec. 483. NRS 501.365 is hereby amended to read as follows:
501.365 1. [Except as otherwise specifically provided in this Title, every person who is guilty of a misdemeanor under this Title shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 25 days nor more than 6 months, or by both fine and imprisonment.
2.] Upon a second conviction within 5 years of a violation of the provisions of this Title, in addition to the penalty provided [in subsection 1,] for such violation, the court:
κ1967 Statutes of Nevada, Page 598 (CHAPTER 211, AB 71)κ
(a) Shall require the surrender of all licenses issued under the provisions of this Title and held by the convicted person; and
(b) May recommend to the commission that no license be issued to such person for any period not to exceed 2 years from the date of such conviction.
Upon receipt of any recommendation from the court as provided in paragraph (b), the commission may refuse to issue any license to the convicted person during the period recommended by the court.
[3.] 2. In addition [to the fine or imprisonment,] to the penalty provided for the violation of any of the provisions of this Title, the court [, upon conviction of the defendant,] may cause to be confiscated all wild animals, wild birds or fish taken or possessed by the violator, and may, in its discretion, confiscate any fishing or hunting equipment used in any unlawful taking of fish and game. All confiscated fish and game shall be placed in the hands of the county board of the county in which the conviction is had for disposal to the needy or for destruction, or the commission, through its bona fide employees, may so dispose of confiscated fish or game or salvaged fish and game to the needy or by destruction, if unfit for human consumption.
Sec. 484. NRS 502.290 is hereby amended to read as follows:
502.290 1. The commission is authorized to give to those persons serving in the Armed Forces of the United States who are bona fide residents of the State of Nevada fishing or hunting licenses without charge, provided those persons requesting such licenses are at the time on active duty in the Armed Forces of the United States and are not stationed in the State of Nevada.
2. The commission may require whatever proof it deems necessary to determine whether or not such persons come within the provisions of this section.
3. Any person who is guilty of giving false information for the purpose of obtaining a license as provided in this section is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 25 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 485. NRS 503.210 is hereby amended to read as follows:
503.210 Any person who, at any time, captures or destroys any game animal, except fur-bearing animals, of this state and detaches or removes from the carcass only the head, hide, antlers, horns, tusks, or any or all of the aforesaid parts, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail of the county wherein such unlawful act was committed for not less than 25 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 486. NRS 503.240 is hereby amended to read as follows:
503.240 1. It shall be unlawful for any person to shoot or discharge firearms or to hunt upon or within any enclosed grounds which are private property and where signs are displayed forbidding such hunting or shooting, without permission obtained from the owner or person in possession of such enclosed grounds.
κ1967 Statutes of Nevada, Page 599 (CHAPTER 211, AB 71)κ
2. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail of the county in which the conviction is had for not more than 6 months, or by both fine and imprisonment.]
Sec. 487. NRS 503.250 is hereby amended to read as follows:
503.250 1. It shall be unlawful for any person to hunt with bow and arrow, gun, dog or trap upon occupied, cultivated and fenced property of another without first obtaining written permission from the owner, occupant or agent thereof.
2. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail for not less than 25 days nor more than 60 days, or by both fine and imprisonment.]
Sec. 488. NRS 503.560 is hereby amended to read as follows:
503.560 1. Any person who shall violate any of the provisions of NRS 503.470 to 503.550, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
2. In addition to the [penalties] penalty set forth in subsection 1, upon conviction for a violation of any provision or NRS 503.470 to 503.550, inclusive, permits for taking beaver or otter may be canceled by the commission for a period of 2 years for failure to conduct properly the authorized trapping operation or for failure to care for and cure properly pelts taken.
Sec. 489. NRS 503.570 is hereby amended to read as follows:
503.570 1. Every person taking or causing to be taken wild animals by means of traps, snares or any other device used in the trapping or taking of wild animals that do not, or are not designed to, cause immediate death to such animals, shall, when any such traps, snares or devices are placed or set for the purpose of taking such animals, visit or cause to be visited at least once each week, each such trap, snare or other device during all of the time any such trap, snare or device is placed, set or used in the taking of wild animals, and remove therefrom any and all animals caught therein.
2. Any person violating the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $300, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.]
Sec. 490. NRS 503.580 is hereby amended to read as follows:
503.580 1. For the purposes of this section, a public road or highway shall mean:
(a) Highways designated as United States highways.
(b) Highways designated as state highways pursuant to the provisions of NRS 408.285.
(c) Main county roads as defined by paragraph (a) of subsection 1 of NRS 403.170.
2. It shall be unlawful for any person, company or corporation to place or set any steel trap, used for the purpose of trapping animals, larger than a No.
κ1967 Statutes of Nevada, Page 600 (CHAPTER 211, AB 71)κ
place or set any steel trap, used for the purpose of trapping animals, larger than a No. 1 Newhouse trap, within 200 feet of any public road or highway within this state.
3. This section shall not be construed so as to prevent the placing or setting of any steel trap inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.
4. Any person violating the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail for not less than 10 days nor more than 60 days.]
Sec. 491. NRS 505.100 is hereby amended to read as follows:
505.100 Every person violating any of the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 25 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 492. NRS 512.180 is hereby amended to read as follows:
512.180 1. After notifying the officer in charge, if there is one, the inspector of mines shall have full power and authority, at all hours, to enter and examine any and all mines in this state, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings, machinery, open cuts and open pits for the purpose of such examination. The owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines shall render the inspector of mines such assistance as may be required by the inspector of mines to enable him to make a full, thorough and complete examination of each and every part of such mine or mines.
2. Refusal of any owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines to allow the inspector of mines or his deputy access to the mine or mines or to any part thereof shall be a misdemeanor. [, and upon conviction thereof shall be punishable by fine or imprisonment, or both, as prescribed in NRS 512.270.]
Sec. 493. NRS 512.190 is hereby amended to read as follows:
512.190 1. Whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as provided in NRS 512.200, or otherwise), the inspector of mines shall find such mine or any part of such mine to be in unsafe condition, he shall at once:
(a) Serve or cause to be served a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in what particular or particulars the mine is dangerous or insecure.
(b) Post or cause to be posted, in a conspicuous place upon the gallows-frame, shaft house or other superstructure, at the collar of the shaft or at the entrance of the tunnel or at the main workings of such mine, a written notice stating in what particular or particulars the mine is dangerous or insecure.
(c) Require all necessary changes to be made without delay for the purpose of making the mine or workings safe for the employees therein.
2. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements, or any of them, stated in such notice so served and posted, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be guilty of a misdemeanor.