[Rev. 2/28/2019 3:11:42 PM]
κ1967 Statutes of Nevada, Page 601 (CHAPTER 211, AB 71)κ
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. [, and upon conviction thereof shall be punished by fine or imprisonment, or both, as prescribed in NRS 512.270.] In case of any criminal or civil proceedings at law against the person or persons so notified, on account of the loss of life or bodily injury sustained because of neglect or refusal to obey the requirements of the inspector of mines, a certified copy of the notice served by the inspector of mines shall be prima facie evidence of the culpable negligence of the person or persons so notified.
Sec. 494. NRS 512.270 is hereby amended to read as follows:
512.270 1. Any owner, agent, manager or lessee, whether an individual, partnership or corporation, operating a mine or mineworkings in this state, or any workman or other employee thereof, who fails to comply with, or violates any provision of this chapter shall be guilty of a misdemeanor. [, and, when not otherwise provided, 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 10 days nor more than 6 months, or by both fine and imprisonment.]
2. Each separate provision not complied with and each day after conviction of failure to comply with any provision of this chapter shall be a separate offense and punished accordingly.
Sec. 495. NRS 517.320 is hereby amended to read as follows:
517.320 1. In every mining district in this state in which the seat of government of any county is situated, the county recorder of that county shall be ex officio mining district recorder, subject, in the discharge of his duties, to such rules, regulations and compensation as may be prescribed by the mining laws of the mining districts to which this section is applicable. He shall, as such ex officio mining district recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safe keeping of all the records thereof, and the correct and safe keeping of the copies of all the records mentioned and referred to in subsection 2.
2. Each mining district recorder of the several mining districts in the state shall, on or before the 1st Monday in January, April, July and October in each year, transcribe into a suitable book or books, to be provided for that purpose, and shall deposit and file with the county recorders of the respective counties in which such mining districts are located a full, true and correct copy of the mining records of the respective mining districts for the 3 months next preceding the 1st Monday in January, April, July and October, duly certified under oath. This section shall not apply to the mining district recorder created by subsection 1.
3. There shall be provided by the boards of county commissioners of the several counties and furnished to each mining district recorder, on his application, suitable books, into which the mining records mentioned in subsection 2 shall be transcribed.
4. The several mining district recorders shall receive, for services required by subsection 2, $1 for the transcript of each claim, including the oath, which shall be paid at the time of recording by the persons making the locations.
κ1967 Statutes of Nevada, Page 602 (CHAPTER 211, AB 71)κ
5. The certified copies of the mining records certified to be deposited and filed as provided in this section shall be received in evidence and shall have the same force and effect in all courts as the originals.
6. Any person neglecting or refusing to comply with the provisions of subsection 2 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. 496. NRS 517.330 is hereby amended to read as follows:
517.330 1. Each mining district recorder of the several mining districts shall require all persons locating and recording a mining claim to make a duplicate copy of each mining notice, which copy the mining district recorder shall carefully compare with the original and mark duplicate on its face or margin. He shall immediately deposit with or transmit the same to the county recorders of the respective counties in which the mining district may be located.
2. At the time of comparing the duplicate notices with the original, the mining district recorders shall collect from the locators of the mining claims the sum of $1 for each notice compared, which sum he shall transmit, together with the duplicate notices, to the county recorders of the respective counties in which the mining claims shall be located.
3. Whenever, owing to the distance of the mining district from the county seat, it becomes inconvenient for the mining district recorder personally to deposit the duplicate copy with the county recorder, he may forward the same by mail or express or such other manner as will insure safe transit and delivery to the county recorder.
4. The county recorders of the several counties shall receive for their services in recording each of the duplicate notices mentioned in subsection 2 the sum of $1. If the location is made outside of an organized mining district, or in the absence of a mining district recorder in any organized mining district, the person or persons making such location shall, within 90 days after making the location, transmit a duplicate copy of such notice to the county recorder of the county in which the location is made and the county recorder shall record the same for a fee of $1.
5. The record of any original or duplicate notice of the location of a mining claim in the office of the county recorder as provided in this section shall be received in evidence and have the same force and effect in the courts of this state as the original mining district records.
6. Any person neglecting or refusing to comply with the provisions of 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. 497. NRS 517.340 is hereby amended to read as follows:
517.340 1. Whenever the locator of a mining claim shall record his certificate of location in accordance with the law and pay the prescribed fees therefor, the mining district recorder and the county recorder, with whom the certificate is recorded, shall forthwith give such locator, or his agent, a receipt therefor. The receipt shall contain the name of the claim given in the notice recorded and the date of location thereof, stating the day and hour the certificate of location was recorded.
κ1967 Statutes of Nevada, Page 603 (CHAPTER 211, AB 71)κ
2. The receipt called for in subsection 1 shall be prima facie evidence that the certificate of location has been duly recorded, and of the date of recording.
3. Each mining district recorder shall provide a seal, on which shall be engraved the name of the mining district, the county and state, with which seal he shall authenticate all of his official acts. The seal, together with his official documents and books, shall not be liable to be seized on execution.
4. Any mining district recorder or county recorder neglecting or refusing to comply with the provisions of 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. 498. NRS 518.130 is hereby amended to read as follows:
518.130 1. Notice of the maximum number of men permitted to ride upon or in the cage, skip or bucket at one time shall be posted at the collar of the shaft and each level.
2. Each man or employee riding upon or in an overloaded cage, skip or bucket as provided in the notice so posted [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 for each offense.
Sec. 499. NRS 518.160 is hereby amended to read as follows:
518.160 1. Employers shall at all times furnish miners with wooden tamping bars to be used in loading or charging holes.
2. Any person using a steel or metal tamping bar [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 for every offense.
Sec. 500. NRS 518.310 is hereby amended to read as follows:
518.310 1. Any owner, agent, manager or lessee, whether an individual, partnership or corporation, operating a mine or mineworkings in this state, or any workman or other employee thereof, who fails to comply with or violates any of the provisions of NRS 518.040 to 518.300, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof, when not otherwise therein provided, 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 10 days nor more than 6 months, or by both fine and imprisonment.]
2. Each separate provision not complied with and each day after conviction of failure to comply with any provision thereof shall be deemed a separate offense and punished accordingly.
Sec. 501. NRS 518.320 is hereby amended to read as follows:
518.320 1. Whenever used in this section, person, operator, owner and person in charge shall be deemed to include corporations and associations existing under or authorized either by the laws of the United States, the laws of the territories, the laws of any state, or the laws of any foreign country.
2. It shall be unlawful for any owner, operator or person in charge of any mine to place or cause to be placed any bulkhead or door in any passageway connecting contiguous mines or to refuse to allow the right of use of such outlet through such contiguous mine in case of an accident; but nothing in this section shall prevent the maintaining of a door in such connection which can be quickly opened or readily broken in case of an accident.
κ1967 Statutes of Nevada, Page 604 (CHAPTER 211, AB 71)κ
connection which can be quickly opened or readily broken in case of an accident.
3. In all passageways connecting contiguous mines where a door or doors have been erected, necessary tools for opening the same shall be kept in a conspicuous place near the doors and not removed for any purpose whatever other than as specified in this section.
4. Any owner, operator or person in charge of any mine 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 for not less than 30 days nor more than 6 months, or by both fine and imprisonment.] Each day that such owner or operator may continue to violate any of the provisions of this section shall be considered a separate offense and shall be punishable as such.
Sec. 502. NRS 518.330 is hereby amended to read as follows:
518.330 1. Wherever used in this section, person, operator, owner and person in charge shall be deemed to include corporations and associations existing under or authorized either by the laws of the United States, the laws of the territories, the laws of any state, or the laws of any foreign country.
2. It shall be unlawful for any owner, operator or person in charge of any underground mine to cause to be drilled or bored by machinery a hole or holes in any stope or raise in ground that causes dust from drilling, unless the machinery is equipped with a water-jet or spray or other means equally efficient to prevent the escape of dust. When water-jets or sprays are used, water free from pollution with organic or other noxious matter shall be furnished.
3. Where machinery used for drilling or boring holes in stopes or raises is equipped as required in subsection 2, it shall be unlawful for any person or persons to drill or bore a hole in the stope or raise without using the appliance for the prevention of dust.
4. Any person who violates either of subsections 2 or 3, or any owner, operator or person in charge of any underground mine who hires, contracts with or causes any person to violate subsections 2 and 3 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.]
Sec. 503. NRS 518.340 is hereby amended to read as follows:
518.340 1. Every corporation, company, owner or operator of a mine in this state shall equip all chutes from which dusty ore or rock is taken with a sprinkler or other device with which to dampen such ore or rock effectively to prevent the escape of dust into the air during removal; but whenever in the opinion of the inspector of mines the installation of such device in any property is impracticable he shall have the power to exempt such property.
2. Whenever a sprinkling device is installed at any chute for the purpose of preventing the escape of dust it shall be so placed that it can be operated by the workman loading cars from such chute.
3. Every ore house where dusty ore or rock is sorted shall be supplied at all times with suitable, clean water, which shall be used for the purpose of sprinkling the ore or rock to allay the dust.
κ1967 Statutes of Nevada, Page 605 (CHAPTER 211, AB 71)κ
at all times with suitable, clean water, which shall be used for the purpose of sprinkling the ore or rock to allay the dust.
4. Nothing in this section shall apply to mines employing less than 10 men or to chutes that are loaded in the open air.
5. Any corporation, company, owner or operator who fails or refuses to install the sprinkling or watering device provided for in 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.]
Sec. 504. NRS 518.350 is hereby amended to read as follows:
518.350 1. It shall be unlawful for any person, firm or corporation to employ, in the handling of explosives either in underground mines or surface mineworkings in the State of Nevada, any person or persons who cannot clearly speak and readily understand the English language, or who cannot readily read and understand any sign, notice or list of rules or directions printed in the English language in regard to rules of safety in the handling of such explosives.
2. Any person, firm or corporation 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.]
Sec. 505. NRS 518.360 is hereby amended to read as follows:
518.360 1. Every corporation, company, owner or operator of a mine or underground workings in this state employing more than five men shall, during working hours, provide suitable receptacles containing fresh, clean water for drinking purposes at places convenient to where men are employed in such underground workings. The receptacles shall be supplied with a substantial cover which may be securely fastened or locked to prevent dust or dirt from entering therein, and shall be so made that the water shall be drawn from a valve or faucet.
2. The inspector of mines shall enforce the provisions of this section.
3. Any corporation, company, owner or operator who fails, neglects or refuses to obey 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.]
Sec. 506. NRS 518.370 is hereby amended to read as follows:
518.370 1. It shall be unlawful for any person, firm, association or corporation, or any officer, superintendent or managing agent thereof, owning, operating or having in charge any underground mine, to permit or cause any miner or other employee to work in or about any part of such underground mine without first furnishing to, or causing to be furnished to, such miner or other employee carbide for a lamp, or a candle for the use of the miner or other employee while in such underground mine in the course of employment.
2. Nothing in this section shall be construed as prohibiting the use of electric lights in any underground mine, but the carbide or the candles provided for in this section shall be required in addition to such electric lights as an added safeguard to the miners and other employees employed in underground mines.
κ1967 Statutes of Nevada, Page 606 (CHAPTER 211, AB 71)κ
lights as an added safeguard to the miners and other employees employed in underground mines.
3. The inspector of mines shall enforce the provisions of this section.
4. Any person, firm, association or corporation, or any officer, superintendent or managing agent thereof, 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 $100 nor more than $500, or by imprisonment in the county jail for not more than 6 months.]
Sec. 507. NRS 519.060 is hereby amended to read as follows:
519.060 1. Every person, firm or corporation engaged in the business of purchasing, sampling, reducing or refining of ores, the predominating value of which is in gold or silver, for others, shall make settlement with and pay to the seller of such ores the value thereof, after lawful deductions, within 30 days after the delivery and sampling of such ores.
2. Every person, firm or corporation engaged in the business of purchasing, sampling, or in the treatment or reduction or smelting, of ores or metal, for others, shall make settlement with and pay to the seller of such metals the value thereof, after agreed and lawful deductions, within 30 days after the sale of the products of such metal by the smelter, mill, reduction works, refinery or sampler reducing or refining the same.
3. Every person, firm or corporation or lessor shipping ores, bullion or metals to any smelter, mill, sampler or reduction works or refinery for another, shall make settlement with and pay to the person or persons entitled thereto the value of such ores, bullion or metals, within 30 days after the settlement therefor shall have been made by the smelter, mill, reduction works, refinery or sampler purchasing or reducing or refining the same.
4. Any person violating any of the provisions of this section [shall be guilty of] commits an unlawful conversion, 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.] is guilty of a misdemeanor.
Sec. 508. NRS 519.070 is hereby amended to read as follows:
519.070 Any person, corporation or association, or the agent of any person, corporation or association, engaged in the milling, smelting, sampling, concentrating, reducing, shipping or purchasing of ores in this state, who shall in any manner knowingly alter or change the true value of any ores delivered to him or them so as to deprive the seller of the correct value of the same, or who shall substitute other ores for those delivered to him or them, or who shall issue any bill of sale, or certificate of purchase, that does not exactly and truthfully state the actual weight, assay value, and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding or agreement with another shall issue a bill of sale or certificate of purchase that does not correctly and truthfully set forth the weight, assay value and total amount paid for any lot or lots of ore purchased by him or them, 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 more than 1 year, or by both fine and imprisonment.]
Sec. 509. NRS 519.100 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 607 (CHAPTER 211, AB 71)κ
519.100 Every assayer, person, copartnership, association or corporation described in NRS 519.080 who or which shall fail, refuse or neglect to keep the book or books, or to make the entries therein as required in NRS 519.080, or who or which shall make or cause to be made any false or fictitious entry therein, or who or which shall refuse the right of inspection thereof to any person entitled thereto as provided in NRS 519.090, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $300 nor] more than $1,000.
Sec. 510. NRS 519.120 is hereby amended to read as follows:
519.120 1. Every person or firm engaged in the business of assaying within this state shall be required to place a written description, pasted on or stamped upon every bar of bullion or amalgam melted, retorted, assayed or refined by such person or firm, containing the name of the person or company by whom such bullion or amalgam was deposited with or sold to such person or firm.
2. Every person or firm engaged in the business of assaying within this state who shall neglect or refuse to comply with 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 $1,000 nor more than $5,000, and by imprisonment in the county jail for not less than 1 month nor more than 6 months.]
Sec. 511. NRS 520.150 is hereby amended to read as follows:
520.150 Any mining superintendent, mining foreman or mining secretary of any incorporated mining company in this state, acting under and for such mining company, who shall fail or refuse to comply with any of the conditions mentioned in NRS 520.110 shall for each such failure or refusal 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. 512. NRS 522.120 is hereby amended to read as follows:
522.120 1. Any person who willfully violates any provision of this chapter, or any rule, regulation or order of the commission shall be subject to a penalty of not more than $1,000 for each act of violation and for each day that such violation continues, unless the penalty for such violation is otherwise provided for and made exclusive in this chapter.
2. If any person, for the purpose of evading this chapter, or any rule, regulation or order of the commission, shall make or cause to be made any false entry in any record, account or memorandum required by this chapter, or by any such rule, regulation or order, or shall omit, or cause to be omitted, from any such record, account or memorandum, full, true and correct entries as required by this chapter, or by any such rule, regulation or order, or shall remove from this state or destroy, mutilate, alter or falsify any such record, account or memorandum, such person shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $5,000, or imprisonment in the county jail for any term not exceeding 6 months, or by both such fine and imprisonment.]
3. Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule, regulation or order of the commission shall be subject to the same penalty as that prescribed by this chapter for the violation by such other person.
κ1967 Statutes of Nevada, Page 608 (CHAPTER 211, AB 71)κ
violation of any provision of this chapter, or any rule, regulation or order of the commission shall be subject to the same penalty as that prescribed by this chapter for the violation by such other person.
4. The penalties provided in this section shall be recoverable by suit filed by the attorney general in the name and on the behalf of the commission in the district court of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.
Sec. 513. NRS 527.010 is hereby amended to read as follows:
527.010 1. It shall be unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber or trees on or from any land in this state, to which land this state or any person or corporation has or may have an inchoate title, or any title less than fee simple. The provisions of this subsection shall apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporation.
2. If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, shall violate the provisions of subsection 1, such person or corporation shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor. [and on conviction thereof shall be fined in any sum not exceeding $500.]
Sec. 514. NRS 527.020 is hereby amended to read as follows:
527.020 If any person shall cut down or remove any tree, wood or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person [shall be deemed] is guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor. [, and on conviction thereof shall be fined in any sum not exceeding $500.]
Sec. 515. NRS 527.050 is hereby amended to read as follows:
527.050 1. After March 26, 1937, it shall be unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert flora, or any seeds, roots or bulbs of either or any of the foregoing from any of the lands owned by or under the control of the State of Nevada or the United States, or from any private lands, without a written permit therefor from the owner or occupant of any private land, or his duly authorized agent.
2. Every person violating 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 plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $200, or by imprisonment in the county jail for not less than 5 days nor more than 3 months for every violation.]
κ1967 Statutes of Nevada, Page 609 (CHAPTER 211, AB 71)κ
3. The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
4. The provisions of this section shall not apply:
(a) To persons picking cacti or other desert flora for the use and adornment of homes and gardens within the State of Nevada.
(b) To institutions of learning of this state or of the United States, or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany or any of the sciences.
Sec. 516. NRS 527.120 is hereby amended to read as follows:
527.120 Every person who shall violate any provision of NRS 527.060 to 527.110, inclusive, not otherwise punishable, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50, or by imprisonment in the county jail for not less than 10 days, or by both fine and imprisonment.]
Sec. 517. NRS 533.480 is hereby amended to read as follows:
533.480 Any person violating any of the provisions of NRS 533.010 to 533.475, 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 $250, together with the costs, 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. 518. NRS 533.505 is hereby amended to read as follows:
533.505 1. Any person who, without the right so to do, shall, on two or more separate days during any season, water more than 50 head of livestock at the watering place at which another shall have a subsisting right to water more than 50 head of livestock, or within 3 miles of such place, with intent to graze the livestock so watered on the portion of the public range readily accessible to livestock watering at the watering place of such other person, shall be guilty of a misdemeanor. [, and on 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. Each days watering in violation of this section shall be deemed a separate offense.
3. Whenever, in any prosecution for such offense, it shall appear that the watering by the accused was not done at the watering place of another, but was done within 3 miles thereof, it shall be a sufficient defense for the accused to prove that he had no knowledge of the existence of such other watering place.
Sec. 519. NRS 533.530 is hereby amended to read as follows:
533.530 1. It shall be deemed an unlawful use and waste of water for any person or persons, during the irrigating season:
(a) To divert and conduct the water, or portion thereof, of any river, creek, or stream into any slough or sloughs, dam or dams, pond or ponds, and retain, or cause the same to be held or retained therein, without making any other use of such water; or
(b) To divert and conduct the water, or portion thereof, away from any such river, creek or stream, and run, or cause or allow the same to run to waste on sagebrush or greasewood land.
κ1967 Statutes of Nevada, Page 610 (CHAPTER 211, AB 71)κ
any such river, creek or stream, and run, or cause or allow the same to run to waste on sagebrush or greasewood land.
2. Any person or persons, company, corporation or association who shall, during the irrigating season, divert and conduct, or any person or persons aiding, abetting or assisting any such person or persons, company, corporation or association in diverting and conducting, during the irrigating season, the water, or portion thereof, of any river, creek or stream into any slough or sloughs, dam or dams, or pond or ponds, and retain or cause the same to be retained therein without making any other use of such water, or who shall, during the irrigating season, divert and conduct the water, or portion thereof, away from any river, creek or stream, and run or cause or allow the same to run to waste, contrary to and in violation of the provisions of 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. 520. NRS 534.190 is hereby amended to read as follows:
534.190 Any person violating any of the provisions of NRS 534.010 to 534.180, 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 not exceeding 6 months, or by both fine and imprisonment.]
Sec. 521. NRS 535.090 is hereby amended to read as follows:
535.090 1. Whenever any appropriator of water has the lawful right-of-way for the storage, diversion or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of his works or prevent convenient access thereto.
2. Any person who violates 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 $10 nor more than $250, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 522. NRS 535.100 is hereby amended to read as follows:
535.100 1. It is unlawful for any person being the owner of or in possession of any sawmill used for the making of lumber, or any slaughterhouse, brewery or tannery to injure or obstruct the natural flow of water in any river, creek or other stream.
2. Any city or county government, or any person, being the owner of or in possession of any agricultural lands, who may be injured by reason of the violation on the part of any person of the provisions contained in subsection 1, shall have the right to commence and maintain an action against such person for any damage sustained, in such manner as may be provided by law.
3. Any person who shall willfully and knowingly violate the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine [not exceeding] of not more than $500.
Sec. 523. NRS 539.100 is hereby amended to read as follows:
539.100 1. No director or any other officer named in this chapter shall in any manner be interested, directly or indirectly, in any contract awarded by the board, or in the profits to be derived therefrom.
κ1967 Statutes of Nevada, Page 611 (CHAPTER 211, AB 71)κ
2. For any violation of this section such officer shall be 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 exceeding 6 months, or by both fine and imprisonment.]
Sec. 524. NRS 539.780 is hereby amended to read as follows:
539.780 1. Any person who shall wrongfully or purposely fill up, cut, damage, injure or destroy, or in any manner impair the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam or other work, structure or improvement constructed or acquired under the provisions of this chapter, or shall wrongfully and maliciously interfere with any officer, agent or employee of the district in the proper discharge of his duties, 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 $500, or by imprisonment in the county jail not exceeding 90 days, or by both fine and imprisonment.]
2. The irrigation district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorneys fees and costs of court.
Sec. 525. NRS 540.770 is hereby amended to read as follows:
540.770 Any person who shall willfully prevent or prohibit any persons from entering lands for the purposes designated in NRS 540.440 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $25 for each days hindrance.]
Sec. 526. NRS 540.780 is hereby amended to read as follows:
540.780 Any person who shall wrongfully and purposely fill up, cut, injure, destroy or in any manner impair the usefulness of any drain, ditch or other work constructed under this chapter, or heretofore constructed under any law of this state, or that may have been heretofore or may hereafter be voluntarily constructed for the purposes of drainage or protection against overflow, shall be guilty of a [misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $300 for each offense.] public offense, as prescribed in section 8 of this act, proportionate to the value of the loss resulting therefrom.
Sec. 527. NRS 548.440 is hereby amended to read as follows:
548.440 1. The supervisors shall have authority to go upon any lands within the district to determine whether land use regulations adopted under the provisions of NRS 548.410 to 548.435, inclusive, are being observed.
2. Any person, firm or corporation who shall violate any of such regulations [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of $25.
3. The supervisors are authorized to provide by ordinance that any land occupier who shall sustain damages from any violation of such regulations by any other land occupier may recover damages at law from such other land occupier for such violation.
Sec. 528. NRS 554.090 is hereby amended to read as follows:
554.090 Any corporation, common carrier, agent or employee of any corporation, or any person or person violating or assisting in violating any of the provisions of NRS 554.010 to 554.080, inclusive, shall be guilty of a gross misdemeanor.
κ1967 Statutes of Nevada, Page 612 (CHAPTER 211, AB 71)κ
any of the provisions of NRS 554.010 to 554.080, inclusive, shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 193.140.]
Sec. 529. NRS 554.160 is hereby amended to read as follows:
554.160 1. The state quarantine officer is empowered:
(a) To exercise all necessary authority required for the proper and efficient enforcement of quarantine.
(b) To make arrests of persons violating quarantine, or suspected of such violation.
(c) To examine any premises or any shipment or consignment suspected of containing a quarantined agricultural commodity within the meaning of NRS 554.100 to 554.240, inclusive, and may open any container thereof and inspect the same.
2. If such shipment or consignment proves to be a quarantined agricultural commodity, the state quarantine officer shall have power to require any railroad, express company or other common carrier immediately to reship such consignment back to the point of origin, if the same has not yet been delivered to the consignee. The failure or refusal of any railroad company, express company or other common carrier promptly so to do shall render the company or carrier so offending liable to a fine of not [less than $500 nor] more than $5,000, which fine may be collected by proceedings instituted by the state and prosecuted by the attorney general in any court of competent jurisdiction. Any property of the defendant within the state may be levied on and sold in satisfaction of the judgment.
Sec. 530. NRS 554.190 is hereby amended to read as follows:
554.190 1. All costs of fumigation, disinfection or treatment ordered to be performed by the state quarantine officer shall be borne by the owner of the agricultural commodity.
2. The owner or, in his absence, his agent, manager or foreman, shall perform the fumigation, disinfection or treatment promptly and exactly as instructed and not otherwise. The refusal or neglect so to do shall be a misdemeanor. [, and such owner, agent, manager or foreman so delinquent, on conviction thereof, shall be punished as provided in NRS 193.150.]
3. In the case of refusal or neglect by the owner, agent, manager or foreman to perform the fumigation, disinfection or treatment as instructed, the state quarantine officer or any person deputized by him may enter upon the premises and perform the fumigation, disinfection or treatment. All the costs thereof shall attach as a lien against any property of the owner within the state. On the neglect or refusal of the owner promptly to pay the same on presentation of an itemized bill certified to by the state quarantine officer or his deputy, the district attorney of the county shall forthwith proceed to levy an attachment against any property of the owner within the state for the amount due plus the costs of legal proceedings, and shall proceed to collect the same by foreclosure proceedings.
Sec. 531. NRS 554.240 is hereby amended to read as follows:
554.240 Any person, or any officer, agent or employee of any corporation, who shall export, or who shall assist in exporting, as a principal or accessory, any agricultural commodity forbidden to be exported by any proclamation of quarantine shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 613 (CHAPTER 211, AB 71)κ
proclamation of quarantine shall be guilty of a misdemeanor. [, and on conviction thereof shall be punished as prescribed in NRS 193.150.]
Sec. 532. NRS 562.330 is hereby amended to read as follows:
562.330 1. Whenever the governor shall have good reason to believe that any disease covered by this chapter has become epidemic in a certain locality in any other state or territory, or that conditions exist that render sheep liable to convey disease, or whenever the board shall certify to the governor that conditions exist that render sheep likely to convey disease, the governor shall forthwith, by proclamation, schedule such locality or localities and prohibit the importation from them of any sheep into this state until such time as the proclamation shall be raised or modified by the governor.
2. Any person, company or corporation, or any agent, servant or employee thereof, who after the publication of such proclamation shall knowingly receive, take in charge or have in his or its possession any sheep from any of the prohibited districts, or transport, convey or drive the same within the boundaries of any county of this state shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 562.560.]
3. Nothing contained in this section shall prohibit the transportation of sheep from such district through the state by railroad, provided such sheep are not unloaded within the state.
Sec. 533. NRS 562.380 is hereby amended to read as follows:
562.380 Any person, firm or corporation, or any servant, agent or employee thereof, who is the owner or in charge or control of any sheep, who shall willfully violate any of the provisions of NRS 562.350 to 562.370, inclusive, or disregard or violate any order or direction made by the board or an inspector, in accordance therewith, shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 562.560.]
Sec. 534. NRS 562.390 is hereby amended to read as follows:
562.390 1. All sheep or bucks imported to Nevada from any state, territory or the District of Columbia or from any foreign country shall, upon entering the state, irrespective of the time of entry, be dipped as required by and under the supervision of an inspector of the board. After the dipping, if the sheep or bucks are free of disease, they shall be released and shall thereupon become subject to the laws, rules and regulations governing other sheep in the state.
2. When sheep, other than bucks, are imported, transported or driven into the State of Nevada from any other state or territory, the District of Columbia or from any foreign country under permit from the board and the sheep are accompanied by a health certificate not more than 10 days old, signed by a state veterinarian, deputy state veterinarian, inspector of the Bureau of Animal Industry of the United States, or any authorized state sheep inspector, certifying that the sheep are free from disease and exposure thereto and have not been for the preceding 6 months in any district infected with sheep scabies, such sheep may be admitted without dipping.
3. The board is authorized to take charge of and dip as soon as possible any sheep and bucks imported into the State of Nevada not previously dipped in Nevada as required by this section, and the expenses for so doing shall be paid by the owner of the sheep or bucks, and the same shall become a lien upon such sheep or bucks until paid.
κ1967 Statutes of Nevada, Page 614 (CHAPTER 211, AB 71)κ
for so doing shall be paid by the owner of the sheep or bucks, and the same shall become a lien upon such sheep or bucks until paid.
4. Any person, firm or corporation, or any servant, agent or employee thereof, who is the owner or in charge or control of any sheep or bucks imported into the State of Nevada, violating the provisions or the dipping requirements of this section, shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 562.560.]
Sec. 535. NRS 562.400 is hereby amended to read as follows:
562.400 1. Every person, company, corporation or any agent, servant or employee thereof, owning or having under his or its control any sheep or flocks of sheep in the State of Nevada which have become infected with scabies, or any infectious or contagious disease, or which have been exposed in any manner to such infection or diseases, shall forthwith report such facts, in writing, to the sheep inspector of the district in which the sheep are located, or to the board.
2. If any person, company or corporation or any agent, servant or employee thereof shall fail, neglect, omit or refuse to so report such facts for a period of 15 days, such person shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 562.560.]
Sec. 536. NRS 562.410 is hereby amended to read as follows:
562.410 1. Any person, company, corporation or association, or any agent, servant or employee of such, desiring to move his or their sheep which are not sound, or which are infected with scabies or any infectious or contagious disease, or which have been exposed in any manner to any such infection or disease, shall obtain from the member of the board supervising the district a traveling permit; but such permit shall only be granted for the purpose of moving such sheep to the nearest practicable place where they may be treated for the infection or disease, and by such routes as the member of the board shall designate.
2. No such sheep shall be moved until such permit shall have been obtained.
3. The board may, by regulation, authorize an inspector to issue traveling permits.
4. Any person, company, corporation or association, or agent, servant or employee of such, who shall violate the provisions of this section shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 562.560.]
Sec. 537. NRS 562.530 is hereby amended to read as follows:
562.530 1. All federal authorities authorized as provided in NRS 562.520, and the various inspectors of this state, shall, subject to the approval of the board, have the power to call upon any constable, sheriff or other peace office in any county in this state to assist them in the discharge of their duties in carrying out the provisions of this chapter and c. 60, 23 Stat. 32, approved May 29, 1884 (21 U.S.C. § 114), and such officers shall assist them when so requested.
2. The federal inspectors shall have the same power to enforce the laws of this state as the various inspectors of the state when authorized as provided in NRS 562.520 and when engaged in the discharge of their official duties.
κ1967 Statutes of Nevada, Page 615 (CHAPTER 211, AB 71)κ
3. Any person, company or corporation refusing to comply with the orders of such officer or federal inspector shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 562.560.]
Sec. 538. NRS 562.550 is hereby amended to read as follows:
562.550 Any herder or other person in charge of sheep who shall willfully refuse to give an inspector information as to the condition of sheep in his charge, or shall willfully give false information as to the condition of such sheep, shall be guilty of a gross misdemeanor. [, and shall, upon conviction thereof, be punished as provided in NRS 562.560.]
Sec. 539. NRS 562.560 is hereby amended to read as follows:
562.560 Any person, company, corporation or association, or any agent, servant or employee of such, who shall violate or disregard any quarantine provision of this chapter, or any sanitary or quarantine rule, regulation or order of the board or inspector thereof, or any of the provisions of this chapter, shall be guilty of a gross misdemeanor. [, and upon conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.]
Sec. 540. NRS 564.330 is hereby amended to read as follows:
564.330 [1.] It shall be unlawful for any person, firm, association, copartnership or corporation to have a brand and mark sheep and goats therewith, which brand is similar in form and design to, or a modification of, any brand or mark recorded prior thereto, in accordance with the provisions of NRS 564.010 to 564.310, inclusive, regulating the recordings of marks and brands.
[2. It shall be unlawful for any person, firm, association, copartnership or corporation to mark and brand sheep and goats with a brand similar in form and design to, or a modification of, any prior recorded brand.
3. Any person or the agent or agents of any firm, association, copartnership or corporation violating the provisions of subsections 1 or 2 shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $3,000, or by imprisonment in the state prison for not more than 5 years, or by both fine and imprisonment.]
Sec. 541. NRS 564.340 is hereby amended to read as follows:
564.340 1. It shall be unlawful for any county recorder to record any mark or brand which shall be similar in form and design to any prior recorded brand, or any modification thereof, if the brand or mark is to be placed upon the same place on the animal branded or marked therewith as the prior recorded brand to which it is similar in form and design, or a modification thereof.
2. Any county recorder 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 $20 nor] more than $100.
Sec. 542. NRS 564.350 is hereby amended to read as follows:
564.350 Any person who, with intent to defraud, shall willfully mismark or misbrand any sheep or goats not his own [, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment in the county jail for not less than 10 days nor more than 100 days, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 616 (CHAPTER 211, AB 71)κ
county jail for not less than 10 days nor more than 100 days, or by both fine and imprisonment.] is guilty of grand larceny and shall be 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 $5,000.
Sec. 543. NRS 564.360 is hereby amended to read as follows:
564.360 1. No person, company, corporation or association shall be allowed to use a mark made by cutting off more than half of the ear, measuring from the tip or extreme outer limit of the ear towards the animals head, or by cutting the ear on both sides to a point.
2. Any person who shall, either for himself or as agent for any company, corporation or association, violate 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.]
Sec. 544. NRS 564.370 is hereby amended to read as follows:
564.370 1. Every person who, in any county, shall place upon any sheep or goats any brand or mark in the likeness or similitude of another brand or mark filed with the county recorder of such county by the owner thereof as a brand or mark for the designation or identification of sheep or goats shall:
(a) If done with intent to confuse or commingle such sheep or goats with, or to appropriate to his own use, the sheep or goats of such other owner, be guilty of a felony, and [upon conviction thereof] shall be punished [by a fine of not more than $1,000, or] 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 both fine and imprisonment; or] less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $5,000.
(b) If done without such intent, be guilty of a misdemeanor.
2. This section shall not apply to any act for which a penalty is elsewhere provided by law.
Sec. 545. NRS 568.260 is hereby amended to read as follows:
568.260 Any person violating any of the provisions of NRS 568.220 to 568.290, inclusive, 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;] and, independently of the foregoing penalty, shall be liable to any person injured for all damages sustained by reason of such violation, and for such exemplary damages as the circumstances may warrant.
Sec. 546. NRS 568.310 is hereby amended to read as follows:
568.310 1. It shall be unlawful for any person to herd or cause to be herded or grazed any number of sheep on any unoccupied land within a radius of 3 miles of the post office of any town or village that has a population of 50 persons or more.
2. This section shall not apply to sheep driven to a railroad to be shipped or sheared.
3. Any person who, for himself, or as agent or employee of any other person, firm, corporation, company or association, shall violate the provisions of subsection 1 shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 617 (CHAPTER 211, AB 71)κ
person, firm, corporation, company or association, shall violate 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 $200, or by imprisonment in the county jail for not less than 25 days nor more than 100 days, or by both fine and imprisonment.]
Sec. 547. NRS 568.330 is hereby amended to read as follows:
568.330 1. It shall be unlawful for any person, firm, corporation or association owning or having charge of any livestock to herd, graze, pasture, keep, maintain or drive the same upon, over or across any lands lying within 1 mile of any surface intake, intakes, water boxes or surface reservoirs used for gathering, storing and conducting water, when such lands are situated within the watershed of any stream, streams, springs, ponds, lakes or reservoirs, waters from which, when so gathered and stored, are used for municipal, drinking or domestic purposes by the residents and inhabitants of any city or town in the State of Nevada.
2. The provisions of this section shall apply only to waters owned exclusively by cities or municipalities within this state.
3. Subsection 1 shall not be construed to apply to:
(a) Prospectors or other persons passing over or being temporarily upon such lands with not to exceed 10 head of livestock.
(b) Livestock running at large upon the range, unless by county ordinance any board of county commissioners shall have provided otherwise in the case of the county concerned.
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 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.]
5. Each day the acts declared to be unlawful in subsection 1 are committed, done and continued shall constitute and be separate, distinct and new offenses.
Sec. 548. NRS 568.350 is hereby amended to read as follows:
568.350 1. It shall be unlawful for any person to lead, drive or in any manner remove any horse, mare, colt, jenny, jack, mule, or any head of neat cattle, or hog, sheep, goat, or any number of these animals, the same being the property of another person, from the range on which they are permitted to run in common, without the consent of the owner thereof first had and obtained.
2. The owner of any such animals, finding the same running on the herd grounds or commons with other animals of the same kind, is permitted to drive his own animal or animals, together with such other animals as he cannot conveniently separate from his own, to the nearest and most convenient corral or other place for separating his own from other animals if he, in such case, immediately, with all convenient speed, drives all such animals not belonging to him back to the herd ground from which he brought such animals.
3. 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 $20 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 618 (CHAPTER 211, AB 71)κ
the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
4. In addition to the penalty provided for in subsection 3, such person shall be civilly liable to the owner of livestock so removed from the range for the value of all such stock and the necessary expenses incident to their return.
Sec. 549. NRS 569.430 is hereby amended to read as follows:
569.430 Any person violating any of the provisions of NRS 569.360 to 569.420, inclusive, shall be guilty of a misdemeanor. [, and on conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 550. NRS 574.150 is hereby amended to read as follows:
574.150 1. A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by a horse, mule or by domestic cattle, whether such horse, mule or domestic cattle are the property of himself or another, [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. A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal other than a horse, mule or domestic cattle, whether such animal is the property of himself or another, is guilty of a gross misdemeanor.
3. Nothing in this section shall be construed so as to prevent the destruction of noxious animals.
Sec. 551. NRS 575.010 is hereby amended to read as follows:
575.010 If any person shall use or work any horse or horses, mule or mules, or work cattle without first obtaining the consent of the owner thereof, he shall be guilty of a misdemeanor. [, and upon conviction 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 50 days nor more than 300 days.]
Sec. 552. NRS 575.030 is hereby amended to read as follows:
575.030 1. It shall be unlawful for any sheep to be penned, housed or fed for the purpose of being sheared, or to be sheared, within the ordinary limits of any city or town of this state during any period of the year. This shall not apply to any place not within one-half mile of a residence.
2. Any person, corporation or agent, being the owner of or having control or charge of any sheep, who shall willfully violate 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 50 days, or by both fine and imprisonment.]
Sec. 553. NRS 584.027 is hereby amended to read as follows:
584.027 Any person who violates any provision of the regulations adopted pursuant to NRS 584.017, or refuses or neglects to obey any lawful order of the state board of health, is guilty of a misdemeanor. [and shall be punished by a fine of not more than $300, or imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 619 (CHAPTER 211, AB 71)κ
shall be punished by a fine of not more than $300, or imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 554. NRS 584.285 is hereby amended to read as follows:
584.285 Any person violating any provision of NRS 584.215 to 584.280, 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 $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. 555. NRS 585.550 is hereby amended to read as follows:
585.550 Any 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 not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 556. NRS 586.520 is hereby amended to read as follows:
586.520 Any person violating the provisions of NRS 586.460 to 586.510, inclusive, shall [be guilty of a misdemeanor, and upon conviction thereof] be punished by a fine of not more than $200.
Sec. 557. NRS 589.060 is hereby amended to read as follows:
589.060 1. Any person, firm or corporation who shall violate any part of this chapter, or who shall by label, as required by this chapter, state that the labeled article contains a greater percentage or greater amount of virgin wool than it does in fact contain, 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 10 days nor more than 60 days, or by both fine and imprisonment.]
2. If any article is possessed for the purpose of sale, sold or offered for sale, or any sample is displayed, as provided in this chapter, bearing either of the labels described in paragraphs (a) or (b) of subsection 1 of NRS 589.020, and such label is so placed thereon by the retail dealer and does correspond to written or printed information obtained in good faith by the retail dealer from the manufacturer, jobber or wholesaler thereof, certified as true and correct over the signature of such manufacturer, jobber or wholesaler, and such certified information is produced on the trial, then the person, firm or corporation possessing for sale, selling, offering for sale, or displaying the articles so labeled for the purpose aforesaid, shall not be guilty of a violation of this chapter if the label is proven false; but the manufacturer, jobber or wholesaler supplying such false certified, written or printed information regarding the character and quantity of the wool content of such article as described in this subsection shall be deemed a violator of this chapter and liable to all the penalties herein prescribed.
Sec. 558. NRS 590.330 is hereby amended to read as follows:
590.330 Any violation of the provisions of NRS 590.160 to 590.330, inclusive, shall be punished: [as follows:]
1. For the first conviction, [the violator shall be fined not less than $100 nor] by a fine of not more than $500.
2. For the second conviction, [the violator shall be fined $500, and may be imprisoned in the county jail for a period not in excess of 6 months.] for a misdemeanor.
κ1967 Statutes of Nevada, Page 620 (CHAPTER 211, AB 71)κ
3. For the third and subsequent convictions, [the violator shall be fined not less than $500 nor more than $1,000, and may in addition thereto be imprisoned in the county jail for not more than 1 year.] for a gross misdemeanor.
Sec. 559. NRS 598.010 is hereby amended to read as follows:
598.010 1. No person, dealer, firm, agency, partnership, corporation, service station, garage, or business concern of any kind, wholesale or retail, shall add to the selling price of any article of merchandise, commodity, service or utility, motor part or accessory, tire, gasoline or other motor fuel or lubricating liquid, or any article whatsoever upon which there is or hereafter may be a sales tax, either federal or state, when sold, offered or exposed for sale, trade or barter in this state, more than the actual amount of such sales tax in the smallest unit under which any of such articles is offered for sale or sold; provided, that where such sales tax in case of units of any such merchandise or articles amounts to less than 1 cent, 1 cent and no more may be added to the price of the unit when sold.
2. A violation of the provisions of subsection 1 shall be a misdemeanor. [, and shall be punishable 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 6 months, or by both fine and imprisonment.]
Sec. 560. NRS 598.020 is hereby amended to read as follows:
598.020 1. If a federal or state tax is imposed on an admission to or on a ticket sold for a public entertainment or amusement of any kind in this state, it shall be unlawful to add to the price of the admission or ticket more than the actual amount of the tax.
2. A violation of the provisions of subsection 1 shall be a misdemeanor. [, and shall be punishable 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 6 months, or by both fine and imprisonment.]
Sec. 561. NRS 600.030 is hereby amended to read as follows:
600.030 1. It shall be unlawful for any person or corporation:
(a) To imitate any label, trade-mark or form of advertisement adopted as provided in NRS 600.010; or
(b) To use knowingly any counterfeit or imitation thereof; or
(c) To use or display such genuine label, trade-mark or form of advertisement unless authorized to do so; or
(d) To use or display the name or seal of such person, association or union, or of any officer thereof, unless authorized to do so; or
(e) To use or display such genuine label, trade-mark or form of advertisement in a manner not authorized by such person, association or union; or
(f) To use or display the name or seal of such person, association or union, or any officer thereof, in a manner not authorized by him or it.
2. Any person violating any provision of subsection 1 [shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail not exceeding 30 days.] is guilty of a misdemeanor.
Sec. 562. NRS 601.040 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 621 (CHAPTER 211, AB 71)κ
601.040 Any person willfully violating the provisions of NRS 601.010 and 601.020 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 not exceeding 6 months, or by both fine and imprisonment.]
Sec. 563. NRS 601.110 is hereby amended to read as follows:
601.110 Any person who shall willfully wear, exhibit, display, print or use for any purpose the badge, motto, button, decoration, charm, emblem, rosette or other insignia of any association or organization mentioned in NRS 601.050 to 601.100, inclusive, and duly registered under those sections of NRS, unless he shall be entitled to use and wear the same under the constitution, bylaws, rules and regulations of such association and organization [, shall be guilty of a misdemeanor and, upon conviction,] shall be punished by a fine not exceeding [$100 and, in default of payment, shall be committed to the county jail for a period of not to exceed 60 days.] $500.
Sec. 564. NRS 607.150 is hereby amended to read as follows:
607.150 1. The labor commissioner shall have the power to enter any store, foundry, mill, office, workshop, mine or public or private works at any reasonable time for the purpose of:
(a) Gathering facts and statistics contemplated by this chapter; and
(b) Examining safeguards and methods of protection from danger to employees, the sanitary conditions of the buildings and surroundings; and
make a record thereof.
2. Any owner, corporation, occupant or officer who shall refuse such entry to the labor commissioner, his officers or agents 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. 565. NRS 607.160 is hereby amended to read as follows:
607.160 1. The labor commissioner shall enforce all labor laws of the State of Nevada the enforcement of which is not specifically and exclusively vested in any other officer, board or commission.
2. Whenever after due inquiry the labor commissioner shall be satisfied that any such law has been violated or that a person financially unable to employ counsel has a valid and enforcible claim for wages or other demand, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, showing:
(a) The names of the claimant and his alleged debtor.
(b) A description and the location of the property on which the labor was performed, and the right, title and interest of the debtor therein.
(c) Other property, if any, owned by the debtor and the probable value thereof.
(d) The time the claimant began and the time he ceased such labor.
(e) The number of days labor performed by him during the employment and the rate of wages and terms of such employment.
(f) The date or dates and the amount, if any, paid on the claim.
κ1967 Statutes of Nevada, Page 622 (CHAPTER 211, AB 71)κ
(g) The balance due, owing and unpaid on the claim.
(h) The date demand for payment was made upon the debtor or his agent or representative and the response, if any, to such demand.
(i) The names of the witnesses upon whom the claimant expects to rely to provide such facts and to what facts each of such witnesses is expected to testify.
3. The district attorney shall prosecute the claim. Should the district attorney fail, neglect or refuse to begin a prosecution on such claim within 45 days after oral or written demand therefor is made by the labor commissioner, and to prosecute the same diligently to conclusion, he 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,] and in addition thereto he shall be removed from office.
Sec. 566. NRS 607.210 is hereby amended to read as follows:
607.210 1. The labor commissioner shall have the power to examine witnesses, administer oaths and take testimony in all matters relating to the duties and requirements of this chapter. Testimony shall be taken in some suitable place in the vicinity to which the testimony is applicable.
2. The labor commissioner may compel the attendance of witnesses, and may issue subpenas. No witness fees shall be paid to any witness unless he is required to testify at a place more than 5 miles from his place of residence, in which event the witness shall be paid the same fees as a witness before a district court. Payment shall be made from the fund appropriated for such purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of such county.
3. Any person duly subpenaed under the provisions of this section who shall willfully refuse or neglect to testify at the time and place named in the subpena 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. 567. NRS 608.100 is hereby amended to read as follows:
608.100 1. It shall be unlawful for any employer of labor in this state to pay a lower wage, salary or compensation to his employee than that agreed upon through a collective bargaining agreement, if any, or to pay a lower wage, salary or compensation than the amount that the employer is required to pay to his employee by virtue of any existing statute of this state or by contract between the employer and the employee.
2. It shall be unlawful for any employer of labor in this state to require his employee to rebate, refund or return any part of the wage, salary or compensation theretofore paid to such employee.
3. 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 $100 nor more than $300, 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. 568. NRS 608.130 is hereby amended to read as follows:
608.130 1. No person or corporation engaged in any business or enterprise of any kind in this state shall issue, in payment of, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness unless the same is a negotiable instrument payable without discount, in cash on demand, at some bank or other established place of business; but nothing contained in this subsection shall in any way limit or interfere with the right of any employee, by agreement, to accept from any such person or corporation, as an evidence or acknowledgment of indebtedness for wages due him, a negotiable instrument payable at some future date with interest.
κ1967 Statutes of Nevada, Page 623 (CHAPTER 211, AB 71)κ
enterprise of any kind in this state shall issue, in payment of, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness unless the same is a negotiable instrument payable without discount, in cash on demand, at some bank or other established place of business; but nothing contained in this subsection shall in any way limit or interfere with the right of any employee, by agreement, to accept from any such person or corporation, as an evidence or acknowledgment of indebtedness for wages due him, a negotiable instrument payable at some future date with interest.
2. In the event of nonpayment when due of any negotiable instrument issued in payment of wages, the holder in due course of the instrument shall succeed to and shall have the same rights, priorities and preferences with respect to payment thereof, and shall stand in the same position, as the payee of the instrument had with respect to a claim for wages unpaid when due, and in addition to any other remedy available to the holder in due course provided by law.
3. Any violation of the provisions of subsection 1 shall be [a misdemeanor] punishable by a fine [not exceeding] of not more than $500.
Sec. 569. NRS 608.150 is hereby amended to read as follows:
608.150 1. Every original contractor making or taking any contract in this state for the erection, construction, alteration or repair of any building or structure, or other work, shall assume and be held liable for the indebtedness for labor incurred by any subcontractor or any contractors acting under, by or for the original contractor in performing any labor, construction or other work included in the subject of the original contract, for labor, and for the requirements imposed by chapter 616 of NRS.
2. It shall be unlawful for any contractor or any other person to fail to comply with the provisions of subsection 1, or to attempt to evade the responsibility imposed thereby, or to do any other act or thing tending to render nugatory the provisions of this section.
3. Every 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 $25 nor] more than $250 for each act. In addition thereto, the district attorney of any county wherein the defendant may reside or be found shall institute civil proceedings against any such original contractor failing to comply with the provisions of this section in a civil action for the amount of all wages and damage that may be owing or have accrued as a result of the failure of any subcontractor acting under the original contractor, and any property of the original contractor, not exempt by law, shall be subject to attachment and execution for the payment of any judgment that may be recovered in any action under the provisions of this section.
Sec. 570. NRS 608.160 is hereby amended to read as follows:
608.160 1. Every person who takes all or any part of any tips or gratuities bestowed upon his employees, or who credits the same toward payment of his employees wages, shall, and is hereby required to, post in a conspicuous place where it can be easily seen by the public, upon the premises where such employees are employed and work, a notice to the public that tips or gratuities bestowed on employees go or belong to the employer.
κ1967 Statutes of Nevada, Page 624 (CHAPTER 211, AB 71)κ
public that tips or gratuities bestowed on employees go or belong to the employer. Such notice shall contain the words Notice: Tips Given Employees Belong to Management. The letters of these words shall be in bold black type at least 1 inch in height.
2. Any person who takes all or any part of the tips or gratuities bestowed upon his employees without posting the notice required to be posted by subsection 1 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. 571. NRS 608.190 is hereby amended to read as follows:
608.190 1. Any person, firm, association or corporation, or agent, manager, superintendent or officer thereof, who shall willfully refuse or neglect to pay the wages due and payable when demanded as provided in this chapter, or shall falsely deny the amount or validity thereof or that the same is due with intent to secure for himself, his employer or any other person any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due, shall, in addition to any other penalty imposed upon him by NRS 608.010 to 608.180, inclusive, be guilty of a misdemeanor.
2. Any employer who fails or refuses to pay any of the wages or compensation of an employee, in whole or in part, as provided in this chapter, or violates any of the provisions of NRS 608.010 to 608.180, inclusive, shall also forfeit to the State of Nevada a sum [not less than $50 and] not more than $300, in the discretion of the court trying the same, to be recovered from the employer in a civil action prosecuted in the proper court by the district attorney of the county at the instance of the labor commissioner.
3. The property of the defendant shall be subject to attachment to secure, and execution to satisfy, any judgment that may be rendered under the provisions of this section, the same as in other civil actions.
Sec. 572. NRS 608.200 is hereby amended to read as follows:
608.200 1. The period of employment for all person who are employed, occupied or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious, metallic or nonmetallic, or who are engaged in such underground mines or underground workings, or who are employed, engaged or occupied in other underground workings of any kind or nature for the purpose of tunneling, making excavations or to accomplish any other purpose or design shall not exceed 8 hours within any 24 hours, and the 8 hours shall include the time employed, occupied or consumed from the time of entering the collar of the shaft or portal of the tunnel of any underground mine until returning to the surface from the underground mine, or the time employed, occupied or consumed in leaving the surface of any tunnel, open cut or open pit workings for the point or place of work therein, and returning thereto from such place or point of work.
2. In cases of emergency where life or property is in danger, the period may be prolonged during the continuance of such emergency.
3. Nothing contained in the section shall be deemed to prevent change in the hours of employment from one part of the day to another at stated periods, nor to prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made; but such change in the hours of employment shall not occur more than once in any 2 weeks.
κ1967 Statutes of Nevada, Page 625 (CHAPTER 211, AB 71)κ
at stated periods, nor to prevent the employment of any of the persons mentioned in this section for more than 8 hours during the day in which a change is made; but such change in the hours of employment shall not occur more than once in any 2 weeks.
4. Nothing contained in this section shall preclude a repair or maintenance crew from completing any repair or maintenance work upon which it is engaged at the end of an 8-hour period; nor shall an employee be precluded from working a subsequent shift or period thereof in the same 24 hours if no qualified employee is available for relief.
5. Any person who violates this section, or any person, corporation, employer, or his or its agent who hires, contracts with, or causes any person to work in an underground mine or other underground workings for a period of time longer than 8 hours during 1 day, unless life and property shall be in imminent danger, 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.]
Sec. 573. NRS 608.210 is hereby amended to read as follows:
608.210 1. The period of employment of workingmen in smelters and in all other institutions for the reduction of refining of ores or metals shall be 8 hours per day, except in cases of emergency where life or property is in imminent danger.
2. Any person who violates this section, or any person, corporation, employer or his or its agent who hires, contracts with, or causes any person to work in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than 8 hours during 1 day, unless life and property shall be in imminent danger, 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.]
Sec. 574. NRS 608.220 is hereby amended to read as follows:
608.220 1. The period of employment of workingmen in open pit and open cut mines shall not exceed 8 hours in any 24 hours, except in cases of emergency where life or property is in imminent danger.
2. Any person who violates any provision of subsection 1, or any person, persons, corporation, employer, or his or its agent who hires, contracts with, or causes any person to labor in any open pit or open cut mine for a period of time longer than 8 hours within any 24 hours, except in cases of emergency where life or property is in imminent danger, 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.]
Sec. 575. NRS 608.230 is hereby amended to read as follows:
608.230 1. The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, topmen, and all workingmen employed or working on or about the surface or surface workings of any underground mineworkings, shall not exceed 8 hours in any period of 24 hours, except in cases of emergency where life or property is in imminent danger.
κ1967 Statutes of Nevada, Page 626 (CHAPTER 211, AB 71)κ
2. Any person who violates any of the provisions of this section, or any person, corporation, employer or agent who hires, contracts with, or in any manner causes or induces any person to work or labor on or about the surface or surface workings of any underground mineworkings for more than 8 hours in any period of 24 hours, except in cases of emergency where life or property is in imminent danger, 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.]
Sec. 576. NRS 608.240 is hereby amended to read as follows:
608.240 1. The period of employment of all persons engaged or employed in any mill or other institution wherein plaster or cement is manufactured shall not exceed 8 hours in any 24 hours, except in cases of emergency where life is in imminent danger, or the product of such mill or institution liable to loss or damage by delay in treatment.
2. Any person who violates any provision of this section, or any person, persons, corporation, employer or agent who hires, contracts with or causes any person to be engaged or employed in any mill or other institution where plaster or cement is manufactured for a period of time longer than 8 hours in any 24 hours, except in cases where life is in imminent danger or the product of such mill or institution liable to loss or damage by delay in treatment, 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.]
Sec. 577. NRS 608.270 is hereby amended to read as follows:
608.270 1. The labor commissioner shall:
(a) Administer and enforce the provisions of NRS 608.250; and
(b) Furnish the district attorney of any county all data and information concerning violations of NRS 608.250, occurring in such county coming to the attention of the labor commissioner.
2. Every district attorney shall, when a complaint is made to him by the labor commissioner or by any aggrieved person, prosecute every violation of NRS 608.250, occurring in his county. Should any such district attorney fail, neglect or refuse for a period of 20 days to commence the prosecution for the violation of NRS 608.250, after being furnished data and information concerning such violation, and diligently to prosecute the same to conclusion, he 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,] and in addition thereto he shall be removed from office.
Sec. 578. NRS 608.290 is hereby amended to read as follows:
608.290 Every person, firm, association or corporation, or any agent, servant, employee or officer of such firm, association or corporation, violating any of the provisions of NRS 608.250, 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. 579. NRS 609.160 is hereby amended to read as follows:
609.160 1. The labor commissioner shall:
κ1967 Statutes of Nevada, Page 627 (CHAPTER 211, AB 71)κ
(a) Administer and enforce the provisions of NRS 609.010 to 609.180, inclusive; and
(b) Furnish the district attorney of any county all data and information concerning violations of NRS 609.010 to 609.180, inclusive, occurring in such county coming to the attention of the labor commissioner.
2. It is hereby made the mandatory duty of every district attorney, when a complaint is made to him by the labor commissioner or by any aggrieved person, to prosecute every violation of NRS 609.010 to 609.180, inclusive, occurring in his county. Should any such district attorney fail, neglect or refuse for a period of 20 days to commence the prosecution for the violation of NRS 609.010 to 609.180, inclusive, after being furnished data and information concerning such violation, and diligently to prosecute the same to conclusion, he 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,] and in addition thereto he shall be removed from office.
Sec. 580. NRS 609.180 is hereby amended to read as follows:
609.180 Every person, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association or corporation, violating any of the provisions of NRS 609.010 to 609.170, inclusive, 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. 581. NRS 609.270 is hereby amended to read as follows:
609.270 Except as otherwise provided in NRS 609.190 to 609.260, inclusive, whoever employs any child, and whoever, having under his control as parent, guardian or otherwise, any child, permits or suffers any child to be employed or to work in violation of any of the provisions of NRS 609.190 to 609.260, inclusive, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $5 nor more than $200, 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. 582. NRS 611.030 is hereby amended to read as follows:
611.030 1. No person shall open, keep, operate or maintain an employment agency in this state without first obtaining a license therefor as provided in NRS 611.020 to 611.320, inclusive, from the labor commissioner.
2. Any person who shall open, keep, operate or maintain an employment agency without first procuring a license shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished as provided in NRS 611.320.]
Sec. 583. NRS 611.320 is hereby amended to read as follows:
611.320 Any person who violates any of the provisions of NRS 611.020 to 611.310, inclusive, 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 6 months, or by both fine and imprisonment.]
Sec. 584. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this chapter and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individuals or employing units identity.
κ1967 Statutes of Nevada, Page 628 (CHAPTER 211, AB 71)κ
obtained from any employing unit or individual pursuant to the administration of this chapter and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individuals or employing units identity.
2. Any claimant (or his legal representative) shall be supplied with information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter.
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation or public assistance law or the maintenance of a system of public employment offices, or the Internal Revenue Service of the Department of the Treasury, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipients rights to further benefits under this chapter.
5. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305 (c) of the Internal Revenue Code of 1954.
6. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this chapter, shall use or permit the use of such list for any political purpose, he [shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.] is guilty of a misdemeanor.
Sec. 585. NRS 612.275 is hereby amended to read as follows:
612.275 1. In case of contumacy by a person, or refusal to obey a subpena issued to any person, any district court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, shall have jurisdiction to issue to such person an order requiring such person to appear before the executive director, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
κ1967 Statutes of Nevada, Page 629 (CHAPTER 211, AB 71)κ
order requiring such person to appear before the executive director, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.
2. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpena of the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, [shall be punished by a fine of not less than $200, or by imprisonment in the county jail for not more than 60 days, or by both fine and imprisonment.] is guilty of a misdemeanor. Each day such violation continues shall be deemed to be a separate offense.
Sec. 586. NRS 612.700 is hereby amended to read as follows:
612.700 1. Any agreement by an individual to waive, release or commute his rights to benefits or any other rights under this chapter shall be void.
2. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employers contributions, required under this chapter from such employer, shall be void.
3. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employers contributions required from him, or require or accept any waiver of any right under this chapter by any individual in his employ.
4. Any employer or officer or agent of any employer who violates any provision of this section [shall, for each offense, 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.] is guilty of a misdemeanor.
Sec. 587. NRS 612.705 is hereby amended to read as follows:
612.705 1. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the board of review, the executive director, or its or his representatives, or by any court or officer thereof.
2. Any individual claiming benefits in any proceeding before the executive director or the board of review, or his or its representatives, or a court, may be represented by counsel or other duly authorized agent, but no such counsel or agents shall either charge or receive for such services more than an amount approved by the board of review.
3. Any person, firm or corporation who shall exact or receive any remuneration or gratuity for any services rendered on behalf of a claimant except as allowed by this section and in an amount approved by the board of review [shall be punished for each such offense by a fine of not less than $50 nor 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. Any person, firm or corporation who shall solicit the business of appearing on behalf of a claimant or who shall make it a business to solicit employment for another in connection with any claim for benefits under this chapter [shall be punished for each such offense by a fine of not less than $50 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 630 (CHAPTER 211, AB 71)κ
solicit employment for another in connection with any claim for benefits under this chapter [shall be punished for each such offense by a fine of not less than $50 nor 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.
Sec. 588. NRS 612.715 is hereby amended to read as follows:
612.715 Whoever makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this chapter, either for himself or for any other person, [shall be punished by a fine of not less than $50 nor 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.
Sec. 589. NRS 612.720 is hereby amended to read as follows:
612.720 Whenever two or more persons shall conspire to obtain or increase any benefit or other payment under this chapter by a false statement or representation knowing it to be false, or by knowingly failing to disclose a material fact, or whenever a person makes a series of false statements or representations knowing them to be false, to obtain or increase benefit payments under this chapter over a period of more than 1 week, every such person [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 more than 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 590. NRS 612.725 is hereby amended to read as follows:
612.725 Any person residing in this state who claims benefits under any agreement existing between the employment security department of Nevada and some other state or the Federal Government, who willfully makes a false statement or representation or knowingly fails to disclose a material fact to obtain or increase benefits under the provisions of the unemployment law of any other state or the Federal Government 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 more than 6 months, or by both fine and imprisonment.]
Sec. 591. NRS 612.730 is hereby amended to read as follows:
612.730 1. Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this chapter, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required by this chapter, or to produce or permit the inspection or copying of records as required by this chapter, [shall be punished by a fine of not less than $50 nor 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.
2. Whenever two or more persons shall conspire to accomplish any of the objects provided in this section, every such person [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 more than 1 year, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 631 (CHAPTER 211, AB 71)κ
of the objects provided in this section, every such person [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 more than 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 592. NRS 612.735 is hereby amended to read as follows:
612.735 Any person who shall willfully violate any provision of this chapter or any order, rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, [shall be punished by a fine of not less than $50 nor 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.
Sec. 593. NRS 613.010 is hereby amended to read as follows:
613.010 1. It shall be unlawful for any person, persons, company, corporation, society, association or organization of any kind doing business in this state by himself, itself, themselves, his, its or their agents or attorneys to induce, influence, persuade or engage workmen to change from one place to another in this state, or to bring workmen of any class or calling into this state to work in any of the departments of labor in this state, through means of false or deceptive representations, false advertising or false pretenses concerning:
(a) The kind and character of the work to be done; or
(b) The amount and character of the compensation to be paid for such work; or
(c) The sanitary or other conditions of their employment; or
(d) The existence or nonexistence of a strike or other trouble pending between the employer and employees at the time of or prior to such engagement, proposal or contract for such employment of workmen.
2. Any person, persons, company, corporation, society, association or organization of any kind doing business in this state, as well as his, their or its agents, attorneys, servants or associates, [found guilty of] violating any of the provisions of subsection 1 [or any part thereof shall be punished by a fine of not less than $200 nor more than $2,000, or by imprisonment in the county jail for not less than 60 days nor more than 1 year, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
3. Any workman of this state or any workman of another state who has been or shall be influenced, induced or persuaded to engage with any person mentioned in subsection 1, or any company, corporation, society or organization mentioned in subsection 1, through or by means of any of the things therein prohibited, shall have a cause of action for recovery and may recover at law for all damages that he shall have sustained in consequence of the false or deceptive representations, false advertising or false pretenses used to induce him to change his place of employment, or place of abode in case such workman shall not be then employed at the time of such inducement and hiring, against any person or persons, corporations, companies or associations directly or indirectly causing such damages. In any action under this section for the recovery of such damages, the court shall have the power to award a reasonable attorneys fee in favor of the prevailing party, which fee shall be taxed as costs against the losing party therein.
κ1967 Statutes of Nevada, Page 632 (CHAPTER 211, AB 71)κ
in favor of the prevailing party, which fee shall be taxed as costs against the losing party therein.
Sec. 594. NRS 613.030 is hereby amended to read as follows:
613.030 Any person, persons, partnership, association, company or corporation, or his or its officers, directors or agents, who or which shall employ for wages any person or persons in any occupation, and who or which at the time of employing such person or persons shall make any false representation or pretenses as to having sufficient funds to pay such wages, and who after labor has been done under such employment by the employee or employees shall fail upon the discharge or resignation of such employee or employees, for a period of 5 days after such wages are legally payable, to pay the employee or employees on demand the wages due the employee or employees for such labor, 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. 595. NRS 613.050 is hereby amended to read as follows:
613.050 1. Any person, firm or corporation violating the provisions of NRS 613.040 to 613.070, inclusive, upon conviction thereof shall be punished by a fine of not [less than $100 nor] more than $500.
2. The penalty shall be recovered in a suit brought for that purpose by the attorney general in the name of and for the benefit of the State of Nevada, but no such prosecution shall be commenced later than 3 months after the commission of the offense described in NRS 613.040.
Sec. 596. NRS 613.080 is hereby amended to read as follows:
613.080 1. The immigration to this state of all slaves and other people bound by contract to involuntary servitude for a term of years in hereby prohibited.
2. It shall be unlawful for any company, person or persons to collect the wages or compensation for the labor of the persons described in subsection 1.
3. It shall be unlawful for any corporation, company, person or persons to pay to any owner or agent of the owner of any such persons mentioned in subsection 1 any wages or compensation for the labor of such slaves or persons so bound by the contract to involuntary servitude.
4. Any violation of any of the provisions of this section shall be a gross misdemeanor. [, and shall be punished by a fine of not less than $300 nor more than $1,000, or by imprisonment in the county jail for not less than 3 months nor more than 6 months, or by both fine and imprisonment.]
Sec. 597. NRS 613.120 is hereby amended to read as follows:
613.120 1. It shall be unlawful for any manager, superintendent, officer, agent, servant, foreman, shift boss or other employee of any person or corporation, charged or entrusted with the employment of any workmen or laborers, or with the continuance of workmen or laborers in employment, to demand or receive, either directly or indirectly, from any workman or laborer, employed through his agency or worked or continued in employment under his direction or control, any fee, commission or gratuity of any kind or nature as the price or condition of the employment of any such workman or laborer, or as the price or condition of his continuance in such employment.
κ1967 Statutes of Nevada, Page 633 (CHAPTER 211, AB 71)κ
2. Any such manager, superintendent, officer, agent, servant, foreman, shift boss or other employee of any person or corporation, charged or entrusted with the employment of laborers or workmen for his principal, or under whose direction or control such workmen and laborers are engaged in work and labor for such principal, who shall demand or receive, either directly or indirectly, any fee, commission or gratuity of any kind or nature from any workman or laborer employed by him or through his agency or worked under his direction and control, either as the price and condition of the employment of such workman or laborer or as the price and condition of the continuance of such workman or laborer in such employment, 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, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 598. NRS 613.130 is hereby amended to read as follows:
613.130 1. As used in this section, labor organization means any organization of any kind, or any agency or employee representation committee or plan, which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
2. It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall be required not to become or continue a member of any labor organization, or shall be required to become or continue a member of any labor organization.
3. Any person or persons, firm or firms, corporation or corporations 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 $50 nor more than $300, or by imprisonment in the county jail for not less than 25 days nor more than 5 months, or by both fine and imprisonment.]
Sec. 599. NRS 613.140 is hereby amended to read as follows:
613.140 Any person or persons, employer, company, corporation or association, or the managing agent of any person or persons, employer, company, corporation or association, doing or conducting business in this state, who by coercion, intimidation, threats or undue influence compels or induces his employees to trade at any particular store or board at any particular boardinghouse in this state 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 30 days nor more than 100 days, or by both fine and imprisonment.]
Sec. 600. NRS 613.150 is hereby amended to read as follows:
613.150 1. It shall be unlawful for any transportation company doing business in the State of Nevada, or any officer, agent or servant of such transportation company, to require any employee as a condition of his continued employment, or otherwise to require or compel or attempt to require or compel any such employee, to purchase of any such transportation company or of any particular person, firm or corporation, or at any particular place or places, any uniform or other clothing or apparel required by any such transportation company to be used by any such employee in the performance of his duty as such.
κ1967 Statutes of Nevada, Page 634 (CHAPTER 211, AB 71)κ
to require or compel any such employee, to purchase of any such transportation company or of any particular person, firm or corporation, or at any particular place or places, any uniform or other clothing or apparel required by any such transportation company to be used by any such employee in the performance of his duty as such. Any such transportation company, or any officer, agent or servant thereof, who shall order or require any person in its employ to purchase any uniform or other clothing or apparel as aforesaid shall be deemed to have required such purchase as a condition of such employees continued employment.
2. Any transportation company doing business in the State of Nevada, or any officer, agent or servant thereof, 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.]
Sec. 601. NRS 613.170 is hereby amended to read as follows:
613.170 1. Whenever any person or persons, firm, corporation or association, whether acting as principal or agent, contractor or subcontractor, shall hire or employ any other person or persons for the performance of any labor or service, and shall issue to such person or persons time checks for the labor or service performed, it shall be unlawful for the person or persons, firm, corporation or association issuing such time checks to discount the same or deduct therefrom any portion of the same as such discount.
2. Any employer of labor, or his agent or representative, violating 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 $300, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.]
3. Nothing in subsections 1 and 2 shall apply to persons, firms, associations or corporations making discounts, deductions, or pro rata payments in the course of bankruptcy or insolvency proceedings, or in the settlement of the estates of deceased persons.
Sec. 602. NRS 613.180 is hereby amended to read as follows:
613.180 1. For the purpose of this section:
(a) Distance and facilities for the comfort and conveyance of any patient shall be construed to mean the nearest hospital and the most comfortable means of conveyance at hand or that can be procured in a reasonable time.
(b) Town or place shall be construed to mean any town, headquarters or place, at which town, headquarters or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected.
2. It is unlawful for any person or persons, contractor or contractors, firm, company, corporation or association, or the managing agent of any person or persons, contractor or contractors, firm, company, corporation or association, to collect, demand, force, compel or require, either monthly, annually or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this state where no convenient, comfortable and well-equipped hospital is maintained at some town or place for the accommodation, relief and treatment of persons in his or their employ, and from whom hospital fees are collected; provided:
κ1967 Statutes of Nevada, Page 635 (CHAPTER 211, AB 71)κ
some town or place for the accommodation, relief and treatment of persons in his or their employ, and from whom hospital fees are collected; provided:
(a) That any person or persons, contractor or contractors, firm, company, corporation or association, or the managing agent of the same, may care for or cause to be cared for any person in his or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected; and
(b) That the distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of subsection 1.
3. If at the nearest hospital the proper medical treatment cannot be secured, then it shall not be unlawful to take any person or patient a greater distance or to another hospital.
4. Any person or persons 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 $200 nor more than $500, or by imprisonment in the county jail for not less than 100 days nor more than 250 days, or by both fine and imprisonment.]
Sec. 603. NRS 613.200 is hereby amended to read as follows:
613.200 Any person, association, company or corporation within this state, or any agent or officer on behalf of such person, association, company or corporation, who shall willfully do anything intended to prevent any person who shall have for any cause left or been discharged from his or its employ from obtaining employment elsewhere in this state [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $50 nor] more than $250. [, or by imprisonment in the county jail at the rate of 1 day for each $2 of such fine if the fine is not paid.]
Sec. 604. NRS 613.210 is hereby amended to read as follows:
613.210 1. As used in this section, employee shall be construed to mean every person who shall have entered upon service or employment of an employer, and such employment shall be deemed to commence from the date of the entry or performance of any service. Any contract of employment, rule, regulation or device to the contrary shall be void.
2. No corporation, company, organization or individual shall blacklist or cause to be blacklisted or publish the name of or cause to be published the name of any employee, mechanic or laborer discharged by such corporation, company, organization or individual with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company, organization or individual.
3. If any officer or agent of any corporation, company, organization or individual, or other person, shall blacklist or cause to be blacklisted or publish the name of or cause to be published the name of any employee, mechanic or laborer discharged by such corporation, company, organization or individual with the intent and for the purpose of preventing such employee, mechanic or laborer from engaging in or securing similar or other employment from any other corporation, company, organization or individual, or shall in any manner conspire or contrive, by correspondence or otherwise, to prevent such discharged employee from procuring employment, he shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 636 (CHAPTER 211, AB 71)κ
by correspondence or otherwise, to prevent such discharged employee from procuring employment, 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 $250, or by imprisonment in the county jail for not less than 30 days nor more than 90 days, or by both fine and imprisonment.]
4. Subsections 2 and 3 shall not be construed as prohibiting any corporation, company, organization or individual from giving in writing, at the time the employee leaves or is discharged from the service of the employer, a truthful statement of the reason for such leaving of the service or discharge of such employee, nor shall subsections 2 and 3 be construed to prevent any employer from giving any employee or former employee any statement with reference to any meritorious services which the employee may have rendered to such employer. The employer shall supply statements as provided in this subsection upon demand from the employee, but no such statement shall be required unless the employee shall have been in service for a period of not less than 60 days. Only one such statement shall be issued to such employee.
Sec. 605. NRS 614.110 is hereby amended to read as follows:
614.110 Any person, firm, association, combination of persons, organization or corporation, or any officer, agent servant, employee or attorney thereof, violating the provisions of NRS 614.090 to 614.110, inclusive, 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. 606. NRS 614.130 is hereby amended to read as follows:
614.130 Any person violating the provisions of NRS 614.120 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by 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 6 months, or by both fine and imprisonment.]
Sec. 607. NRS 616.630 is hereby amended to read as follows:
616.630 1. If any employer within the provisions of NRS 616.285 shall fail to provide and secure compensation under the terms of this chapter, he shall be [guilty of a misdemeanor, and shall upon conviction be] fined not [less than $100 nor] more than $500 for each offense.
2. If the commission or interested employee shall complain to the district attorney of any county that an employer in his county has violated the provisions of this section, it shall be the mandatory duty of the district attorney to investigate the complaint. If, after investigation, he shall find that the complaint is well founded, he shall prosecute the employer for the offense.
3. If the commission or interested employee shall complain to the attorney general of any neglect of any district attorney in the premises, it shall be the mandatory duty of the attorney general to investigate the complaint. If, after investigation, he shall find that the complaint is well founded, he shall forthwith institute proceedings against the district attorney as for a misdemeanor or to remove him from office.
4. The duty of the district attorney and of the attorney general shall be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in NRS 607.160 and 607.200.
κ1967 Statutes of Nevada, Page 637 (CHAPTER 211, AB 71)κ
be enforced as to procedure in the same manner as is provided in the case of actions for the protection and benefit of employees as provided in NRS 607.160 and 607.200.
Sec. 608. NRS 616.640 is hereby amended to read as follows:
616.640 1. It shall be unlawful for an employer who has elected to reject the terms, conditions and provisions of this chapter to make any charge against any employee or to deduct from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his rejection of this chapter. Any such employer who makes a deduction for such purpose from the salary or wage of any employee shall be [guilty of a misdemeanor and shall, upon conviction, be] fined not [less than $100 nor] more than $500 for each offense.
2. Any employer violating this section shall be prosecuted upon complaint of any employee who submits proper evidence of such violation.
Sec. 609. NRS 616.650 is hereby amended to read as follows:
616.650 Any person, firm or corporation, agent or officer of any firm or corporation, or any attending physician or surgeon who fails or refuses to comply with the provisions of NRS 616.345 [shall be guilty of a misdemeanor for each offense, and upon conviction] shall be fined not [less than $50 nor] more than $200.
Sec. 610. NRS 616.660 is hereby amended to read as follows:
616.660 Any official who fails or refuses to comply with the provisions of NRS 616.405 [shall be guilty of a misdemeanor for each offense, and upon conviction] shall be fined not [less than $50 nor] more than $200.
Sec. 611. NRS 617.490 is hereby amended to read as follows:
617.490 1. If any employer having two or more employees in his service fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, his dependents, may bring an action at law against the employer for damages as if this chapter did not apply.
2. Such employer shall also [be guilty of a misdemeanor and shall, upon conviction,] be fined not [less than $100 nor] more than $500 for each offense.
Sec. 612. NRS 618.320 is hereby amended to read as follows:
618.320 1. It shall be unlawful for any person, firm, association or corporation, employing in the same building or on the same premises five or more males and three or more females, to fail to provide separate lavatories or toilet rooms for each sex and to fail to designate the same plainly by a printed or painted sign on the door of the lavatory or toilet room so provided.
2. Any person, firm, association or corporation violating 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.]
3. In conjunction with peace officers, the labor commissioner shall investigate and report to the proper officer any violation of this section.
4. This section shall not apply to:
κ1967 Statutes of Nevada, Page 638 (CHAPTER 211, AB 71)κ
(a) Persons, firms, associations or corporations located in office buildings where there are lavatories or toilet rooms for each sex reasonably accessible within the building.
(b) Persons employing servants or other domestics in their homes or residences.
Sec. 613. NRS 618.330 is hereby amended to read as follows:
618.330 1. It shall be unlawful for any person, company or corporation to construct or place any shaft or shafting with collars, sleeves or pulleys over 2 feet in diameter attached or secured to any such shaft by setscrews projecting above the hub of such collars, sleeves or pulleys. In all such cases where setscrews are used, the heads thereof shall be countersunk below the surface of the hub of the collar, sleeve or pulley in which they are placed.
2. Any person or corporation who shall fail or refuse to comply with the requirements of this section, when constructing or changing any machinery, [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.
3. Nothing contained in this section shall be so construed as to prevent recovery in a suit for damages for injuries sustained by the person so injured or by his heirs or administrators.
Sec. 614. NRS 618.340 is hereby amended to read as follows:
618.340 1. It shall be unlawful for any person or persons, company or companies, corporation or corporations to sink or work through any vertical shaft at a greater depth than 350 feet unless the shaft shall be provided with an iron-bonneted safety cage, safety crosshead or safety skip, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus shall be securely fastened to the cage, crosshead or skip, and shall be of sufficient strength to hold the cage, crosshead or skip loaded at any depth to which the shaft may be sunk; provided:
(a) That were a safety crosshead is used for other than sinking purposes the same shall be equipped with gates as provided by law for cages; and
(b) That where skips are used for other than sinking purposes platforms for men to stand on when being hoisted or lowered shall be placed in the skip not less than 4 feet from the top of the same and that an overhead bar shall be provided for the men to hold to.
2. In any shaft less than 350 feet deep where no safety cage, safety crosshead or safety skip is used and where a crosshead or crossheads are used, platforms for employees to ride upon in lowering and hoisting such employees shall be placed above the crosshead or crossheads.
3. Any person or persons, company or companies, corporation or corporations, or the managing agent of any person or persons, company or companies, corporation or corporations, who shall violate any of the provisions of this section shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of $500, or by imprisonment in the county jail for 6 months, or by both fine and imprisonment.]
4. Nothing contained in this section shall be so construed as to prevent recovery being had in a suit for damages for injuries sustained by the person so injured, or his heir, administrator or administratrix or anyone else competent to sue in an action of such character.
κ1967 Statutes of Nevada, Page 639 (CHAPTER 211, AB 71)κ
the person so injured, or his heir, administrator or administratrix or anyone else competent to sue in an action of such character.
Sec. 615. NRS 623.360 is hereby amended to read as follows:
623.360 1. Any person violating any provisions of this chapter [shall be guilty of a misdemeanor, and upon conviction thereof] shall be sentenced for the first offense to pay a fine of not [less than $50 nor] more than $200; and for a second or any subsequent offense shall be sentenced to pay a fine of not [less than $200 nor] more than $500.
2. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the board.
Sec. 616. NRS 624.360 is hereby amended to read as follows:
624.360 Any [violation of this chapter shall constitute a misdemeanor, and any fine levied for such violation shall not be less than $50.] person violating any of the provisions of this chapter shall be punished by a fine of not more than $500.
Sec. 617. NRS 625.520 is hereby amended to read as follows:
625.520 1. It shall be unlawful for:
(a) Any person, firm or organization to practice or offer to practice the profession of engineering, to use the word engineer, or to intimate the practice of engineering, or to advertise engineering as an engineering consultant, or imply engineering services in a firm or organization name, in this state without being registered or exempt, in accordance with the provisions of this chapter.
(b) Any registered professional engineer to practice or offer to practice a branch of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.
(e) Any person to impersonate falsely any other registrant of like or different name.
(f) Any person to attempt to use an expired or revoked certificate of registration.
(g) Any person to violate any of the provisions of this chapter.
2. Any person who violates any of the provisions of subsection 1 shall be guilty of a misdemeanor. [and shall, upon conviction, be punished by a fine of not less than $100 nor more than $500, or imprisonment in the county jail for a period not exceeding 3 months, or by both fine and imprisonment.]
Sec. 618. NRS 625.550 is hereby amended to read as follows:
625.550 1. Any person who intentionally removes, changes or defaces any monument set by a registered land surveyor, which monument has been properly established and marked as required by this chapter, shall be guilty of a [misdemeanor.] public offense, as prescribed in section 8 of this act, proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.
κ1967 Statutes of Nevada, Page 640 (CHAPTER 211, AB 71)κ
in section 8 of this act, 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 monuments which have been removed, changed or defaced.
Sec. 619. NRS 625.580 is hereby amended to read as follows:
625.580 Any public official violating the provisions of this chapter [shall be guilty of a misdemeanor, and, upon conviction thereof,] shall:
1. Be punished by a fine not exceeding $500; and
2. Shall forfeit his office.
Sec. 620. NRS 626.350 is hereby amended to read as follows:
626.350 1. Except as otherwise provided in this chapter:
(a) It shall be unlawful for any person to operate any steam, electric, gas, air or other hoisting machinery over 6 horsepower when either is used for lowering or hoisting men in a mine without first obtaining a license therefor from the district examining board as provided in this chapter.
(b) It shall be unlawful for any person, firm or corporation to employ any person not duly licensed as a hoisting engineer, within the meaning of this chapter, to run or operate at a mine any steam, electric, gas, air or any other hoisting machinery subject to the provisions of this chapter.
(c) It shall be unlawful for every owner, employer or manager of any engine or machinery named in NRS 626.010 knowingly to permit any unlicensed person to operate the same.
2. Any person who violates 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 $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. 621. NRS 628.580 is hereby amended to read as follows:
628.580 1. Any person who violates any provision of NRS 628.450 to 628.550, inclusive, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
2. Whenever the board has reason to believe that any person is liable to punishment under this section it may certify the facts to the attorney general or other appropriate enforcement officer, who may, in his discretion, cause appropriate proceedings to be brought.
Sec. 622. NRS 629.150 is hereby amended to read as follows:
629.150 1. It shall be unlawful for any person:
(a) Except as otherwise authorized by this chapter, to practice the healing art or any branch thereof without having obtained a valid certificate from the state board of examiners in the basic sciences.
(b) To obtain or attempt to obtain a certificate of ability in the basic sciences by dishonest or fraudulent means.
(c) To forge, counterfeit or alter fraudulently any certificate of ability in the basic sciences.
(d) To obtain or attempt to obtain a license to practice the healing art or any branch thereof from any board or officer authorized to issue any such license, without presenting to such board or officer as required in this chapter, a valid certificate issued to the applicant by the state board of examiners in the basic sciences.
κ1967 Statutes of Nevada, Page 641 (CHAPTER 211, AB 71)κ
in this chapter, a valid certificate issued to the applicant by the state board of examiners in the basic sciences.
(e) To issue knowingly or to participate in the issuance of a license to practice the healing art or any branch thereof to any person who has not presented to the licensing board a valid certificate from the state board of examiners in the basic sciences.
(f) To issue knowingly or to participate in the issuance of a license to practice the healing art or any branch thereof to any person who has presented to the licensing board a certificate obtained from the state board of examiners in the basic sciences by dishonesty, fraud, or by any forged or counterfeit certificate.
2. Any person [convicted of] violating any provision of subsection 1 [shall be punished by a fine not to exceed $500, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.] is guilty of a misdemeanor.
Sec. 623. NRS 630.400 is hereby amended to read as follows:
630.400 Any person 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 5 days nor more than 6 months, or by both fine and imprisonment,] who:
1. Shall within 10 days after demand made by the secretary of the board fail to furnish to the board the names and addresses of all persons practicing or assisting in the practice of medicine, surgery or obstetrics in the office of such person at any time within 60 days prior to the notice, together with a sworn statement showing under and by what license or authority the person or persons are and have been so practicing, but the affidavit shall not be used as evidence against such person in any proceeding under this section; or
2. Shall assume to act as a member of a state board of medical examiners, or who shall sign or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate authorizing any person to practice medicine, surgery or obstetrics in this state, except the person so acting and doing shall have been appointed a member of the board of medical examiners as provided in this chapter; or
3. Shall, in an affidavit required of an applicant for examination, license or registration under this chapter, willfully make a false statement in a material regard.
Sec. 624. NRS 630.420 is hereby amended to read as follows:
630.420 Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the person named in the certificate, or falsely claiming himself to be the person entitled to the same, 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 [exceeding 5 years.] more than 6 years.
Sec. 625. NRS 632.500 is hereby amended to read as follows:
632.500 1. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. [and upon conviction 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 not to exceed 6 months, or by both fine and imprisonment.]
2. A court of competent jurisdiction shall have full power to try any violations of this chapter, and upon conviction may, at its discretion, revoke the license of the person so convicted, in addition to imposing the other penalties herein provided.
κ1967 Statutes of Nevada, Page 642 (CHAPTER 211, AB 71)κ
violations of this chapter, and upon conviction may, at its discretion, revoke the license of the person so convicted, in addition to imposing the other penalties herein provided.
Sec. 626. NRS 633.160 is hereby amended to read as follows:
633.160 Each of the following acts shall [constitute a misdemeanor,] be punishable [upon conviction] by a fine of not [less than $50 nor] more than $500:
1. The practice of osteopathy or an attempt to practice osteopathy without a license.
2. The obtaining of or an attempt to obtain a license, or practice in the profession for money or any other thing of value, by fraudulent misrepresentation.
3. The making of any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.
4. Advertising, practicing or attempting to practice under a name other than ones own.
Sec. 627. NRS 634.230 is hereby amended to read as follows:
634.230 Any 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 not to exceed $300 or by imprisonment in the county jail for a term not to exceed 3 months, or by both fine and imprisonment.]
Sec. 628. NRS 635.180 is hereby amended to read as follows:
635.180 Every person who shall practice chiropody as defined in this chapter without having complied with the provisions of this chapter [shall be guilty of a misdemeanor, and upon conviction] shall be fined not [less than $25 nor] more than $100 for each offense.
Sec. 629. NRS 637.200 is hereby amended to read as follows:
637.200 Any of the following acts shall constitute a misdemeanor: [, punishable upon conviction by a fine of not less than $100 nor more than $500, or imprisonment for not less than 10 days in the county jail, or by both fine and imprisonment:]
1. Advertising at a stipulated price or as free the furnishing of a lens, glass or the frame or fitting therefor.
2. The insertion of a false or misleading statement in any advertising in connection with the business of opthalmic dispensing.
3. Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.
4. Furnishing or advertising the furnishing of the services of a refractionist, optometrist, or physician or surgeon.
5. Changing the prescription of a lens without an order from a person licensed to issue such prescription.
6. The violation of any provision of this chapter.
Sec. 630. NRS 639.310 is hereby amended to read as follows:
639.310 1. Any person, firm, corporation, partnership or association who violates any of the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction 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 50 days, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 643 (CHAPTER 211, AB 71)κ
2. Upon conviction of the violation of any of the provisions of this chapter, the board may suspend or revoke the license of any person, firm, corporation, partnership or association licensed under the provisions of this chapter.
Sec. 631. NRS 641.440 is hereby amended to read as follows:
641.440 Any person who violates any of the provisions of this chapter or, having had his certificate suspended or revoked, continues to represent himself as a psychologist, is guilty of a misdemeanor. [and 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 such fine and imprisonment. Each violation shall be deemed a separate offense.]
Sec. 632. NRS 642.580 is hereby amended to read as follows:
642.580 Any person who shall practice or hold himself out as practicing the profession of embalming of human dead bodies without having complied with the provisions of this chapter [shall be guilty of a misdemeanor, and upon conviction] shall be punished by a fine of not [less than $25 nor] more than $500 for each offense.
Sec. 633. NRS 642.590 is hereby amended to read as follows:
642.590 1. Any person, firm or corporation who engages, directly or indirectly, in the business of funeral directing or undertaking or holds himself or itself out as a funeral director or undertaker or attempts to take care of the disposition of dead human bodies without having complied with the provisions of this chapter, and without being licensed so to do as herein provided, or who continues in the business of a funeral director or undertaker after his or its license has been revoked [shall be guilty of a misdemeanor, and upon conviction thereof] shall be fined not [less than $50 or] more than $500. Each day that he or it is so engaged in such business shall be a separate offense.
2. Any funeral director or undertaker or any person acting for him who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business as such funeral director or undertaker and every person who accepts or offers to accept any money or thing of value as a commission or gratuity from a funeral director or undertaker in order to secure business for him 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 less than 30 days, or by both fine and imprisonment.]
Sec. 634. NRS 643.210 is hereby amended to read as follows:
643.210 Any person violating any of the provisions of this chapter, unless by general law otherwise provided, shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished:
1. For the first offense, by a fine of not less than $50 nor more than $300 or by imprisonment in the county jail for not less than 10 days nor more than 90 days, or by both fine and imprisonment.
2. For the second and each subsequent offense, by a fine of not less than $50 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. 635. NRS 644.470 is hereby amended to read as follows:
644.470 Nothing in this chapter shall authorize the use of any X-ray machine in the treatment of the scalp or in the removal of superfluous hair, or permit the local application of carbolic acid (phenol) in a solution or mixture of more than 10 percent, or corrosive sublimate (mercury), or its preparation or derivatives or compounds, in a stronger solution or preparation than 1 to 500.
κ1967 Statutes of Nevada, Page 644 (CHAPTER 211, AB 71)κ
hair, or permit the local application of carbolic acid (phenol) in a solution or mixture of more than 10 percent, or corrosive sublimate (mercury), or its preparation or derivatives or compounds, in a stronger solution or preparation than 1 to 500. A violation of the provisions of this section shall constitute a misdemeanor. [, punishable as provided in NRS 644.480.]
Sec. 636. NRS 644.480 is hereby amended to read as follows:
644.480 1. Every person violating any of the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction 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 25 days nor more than 6 months, or by both fine and imprisonment.]
2. Every person required by the provisions of this chapter to perform any act or duty who shall fail, refuse or neglect to perform the duty in the manner directed by the provisions of this chapter shall be guilty of a misdemeanor. [, and upon conviction 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 25 days nor more than 6 months, or by both fine and imprisonment.]
3. Every person required by the provisions of this chapter to perform any duty at a specified time or in a specified manner who shall fail, refuse or neglect to perform the duty at the time and in the manner provided by the terms of this chapter shall be guilty of a misdemeanor. [, and upon conviction 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 25 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 637. NRS 645.850 is hereby amended to read as follows:
645.850 1. Any person, copartnership, association or corporation violating a provision of this chapter, [shall,] upon conviction thereof, if a person, [be punished by a fine of not more than $1,000, or by imprisonment in the county jail for a term not to exceed 1 year, or by both fine and imprisonment,] is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $2,500.
2. Any officer or agent of a corporation, or member or agent of a copartnership or association, who shall personally participate in or be accessory to any violation of this chapter by such copartnership, association or corporation, shall be subject to the penalties herein prescribed for individuals.
3. Nothing herein contained shall be construed to release any person, corporation, association or copartnership from civil liability or criminal prosecution under the general laws of this state.
4. The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
5. Any court of competent jurisdiction shall have full power to try any violation of this chapter, and upon conviction the court may, at its discretion, revoke the license of the person, copartnership, association, or corporation so convicted, in addition to imposing the other penalties herein provided.
κ1967 Statutes of Nevada, Page 645 (CHAPTER 211, AB 71)κ
Sec. 638. NRS 647.090 is hereby amended to read as follows:
647.090 Any junk dealer who shall be found guilty of a violation of any of the provisions of NRS 647.010 to 647.080, inclusive, [shall be punished:
1. For the first offense, by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail not to exceed 60 days, or by both fine and imprisonment.
2. For a second and each subsequent conviction, by a fine of not less than $100 nor more than $300, or by imprisonment in the county jail of not less than 30 days nor more than 90 days, or by both fine and imprisonment.] is guilty of a misdemeanor.
Sec. 639. NRS 648.210 is hereby amended to read as follows:
648.210 The violation of any of the provisions of NRS 648.060 or 648.200 [shall be deemed a misdemeanor, punishable by a fine of not more than $500 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.] is a gross misdemeanor.
Sec. 640. NRS 651.040 is hereby amended to read as follows:
651.040 1. As used in this section, unless the context otherwise requires:
(a) Corporate or fictitious name means $4.00 motel or similar name or any phraseology used in the name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(b) Establishment means any hotel, motel, inn or motor court.
(c) Membership in an organization means member of $4.00 motel association or similar organization names or any phraseology used in the organization name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(d) Outdoor sign or outside sign means any sign maintained outside the establishment, whether on, connected to or separated from the establishment, or any sign, whether within or without the establishment, which is visible to the public from the outside.
(e) Owner or keeper means any person, firm, association or corporation.
(f) Rates means the total charge levied at such establishment for rooms or accommodations.
(g) Special rates means special rates, cut rates, low rates, lowest rates, lowest rates in town, reasonable, inexpensive or any similar phraseology the reasonable construction of which implies that a bargain in rates is offered at such establishment.
2. It is unlawful for any owner or keeper of any hotel, inn, motel or motor court in this state to post or maintain posted on any outdoor or any outside sign:
(a) Advertising with reference to any rates at which rooms or accommodations may be secured at such establishment.
(b) Advertising which employs terminology with reference to special rates for rooms or accommodations at such establishment.
(c) Advertising the corporate or fictitious name of such establishment or membership in any organization the name of which pertains to or can be reasonably construed as pertaining to the rate of rooms or accommodations at such establishment.
κ1967 Statutes of Nevada, Page 646 (CHAPTER 211, AB 71)κ
be reasonably construed as pertaining to the rate of rooms or accommodations at such establishment.
3. Nothing contained in subsection 2 shall be construed as requiring any establishment therein referred to to maintain outdoor signs or outside signs.
4. Every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of such establishment, a printed copy of a statement of charge or rate of charges by the day for lodging. The rates posted in the office and every bedroom of such establishment shall display the daily rate of such room for occupancy by one person, for occupancy by two persons, the additional charge for each person over two persons, or the additional charge for each additional bed provided in such room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt shall reflect the type of accommodations supplied, the number of persons occupying such accommodation and the rate charged each person therefor. No establishment shall charge more than the posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.
5. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
6. Any owner or keeper of any establishment who violates 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 $50 nor more than $250, or by imprisonment in the county jail for not less than 10 days nor more than 30 days, or by both fine and imprisonment.]
7. The provisions of this section shall apply only in a county having a population, according to the latest United States decennial census, of 10,000 or more persons.
Sec. 641. NRS 658.160 is hereby amended to read as follows:
658.160 Any member of the state board of finance, or any superintendent of banks or deputy superintendents of banks, who shall willfully neglect to perform any duty required by this Title, or who shall knowingly make any false statement concerning any bank, or any injurious statement concerning any bank, except in the exercise of his duty, or who shall be guilty of malfeasance or corruption in office, shall, upon conviction thereof, be guilty of a felony and punished by a fine [not exceeding] of not more than $1,000, or by imprisonment in the state prison [not exceeding 5 years,] for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and in addition thereto shall be removed from office.
Sec. 642. NRS 664.040 is hereby amended to read as follows:
664.040 1. It shall be unlawful for any officer, clerk or agent of any bank doing business under this Title to certify any check, draft or order drawn upon such bank, unless the person, firm or corporation drawing such check, draft or order has on deposit with the bank at the time such check, draft or order is certified an amount of money equal to the sum specified in the check, draft or order.
κ1967 Statutes of Nevada, Page 647 (CHAPTER 211, AB 71)κ
check, draft or order is certified an amount of money equal to the sum specified in the check, draft or order.
2. Any check, draft or order so certified by a duly authorized officer shall be a good and valid obligation against such bank, but the owner, officer, clerk or agent of any bank or banker violating the provisions of this section shall be guilty of a felony, and upon conviction thereof shall be punished by a fine [not exceeding] of not more than $1,000, or by imprisonment in the state prison [not exceeding 5 years,] for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 643. NRS 668.010 is hereby amended to read as follows:
668.010 1. Every president, director, manager, cashier or other officer or employee of any banking institution who knowingly prepares, signs, approves or concurs in any account, statement, return, report or document, respecting the affairs of the bank, containing any false or deceptive statement, or any return or report required by this Title which does not set forth the true financial condition of the bank, including in such report or return all the information required by the provisions of this Title, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison [not exceeding 5 years.] 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. Every president, director, manager, cashier or other officer or employee of any banking institution who negligently prepares, signs, approves or concurs in any account, statement, return, report or document, respecting the affairs of the bank, containing any false or deceptive statement, or any return or report required by this Title which does not set forth the true financial condition of the bank, including in such report or return all the information required by the provisions of this Title, shall be liable for all damages which the bank, its stockholders, creditors, or depositors shall suffer in consequence thereof, and shall be subject to removal upon order of the superintendent of banks.
Sec. 644. NRS 668.040 is hereby amended to read as follows:
668.040 1. It shall be unlawful for any president, director, manager, cashier or other officer or employee of any banking institution, or proprietor of or partner in any bank, to permit the same to remain open for business, or to assent to the reception of deposits or the creation of debts by such banking institution, after he shall have had knowledge of the fact that it is insolvent or in failing circumstances. Every such officer, director, manager, proprietor, or agent of, or partners in, such banking institution shall examine into the affairs of the same and shall know its condition, and upon the failure of any such person to discharge such duty he shall, for the purpose of this Title, be held to have had knowledge of the insolvency of such bank or trust company, or that it was in failing circumstances, and shall be deemed to have assented to the receipt of deposits while such bank was so insolvent or in failing circumstances. Every person violating the provisions of this section shall be individually responsible for deposits so received, and all such debts so contracted; but any director who may have paid more than his share of the liabilities mentioned in this section may have a proper remedy at law against such other persons as shall not have paid their full share of such liabilities.
κ1967 Statutes of Nevada, Page 648 (CHAPTER 211, AB 71)κ
2. It shall be unlawful for any president, director, manager, cashier or other officer or employee of any banking institution willfully to give or concur in giving to any creditor of the bank any fraudulent, undue or unfair preference over other creditors by giving security to such creditor, or by changing the nature of his claim, or otherwise howsoever; but this section shall not be construed to prohibit such bank from giving security for public moneys of the State of Nevada, or any political subdivision thereof, the Nevada industrial commission, or of the United States, or any officer, agent, agency, or department thereof, in the manner provided by law.
3. Every person violating the provisions of this section, or who shall be accessory to, or permit, or connive at, the receiving or accepting of any such deposits, or the giving of such preferences, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine [not exceeding] of not more than $5,000, or by imprisonment in the state prison [not exceeding 5 years,] for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and shall be liable for all damages sustained by any person in consequence thereof.
Sec. 645. NRS 668.050 is hereby amended to read as follows:
668.050 Every banker, officer, employee, director or agent of any bank or trust company who shall knowingly or willfully neglect to perform any duty required by this Title, or who shall knowingly or willfully fail to conform to any material lawful requirement made by the superintendent of banks, shall be guilty of a felony, and [upon conviction thereof] shall be punished by a fine [not exceeding] of not more than $1,000, or by imprisonment in the state prison [not exceeding 5] for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 646. NRS 668.060 is hereby amended to read as follows:
668.060 Every banker, president, director, cashier, teller, clerk, officer or agent of any bank or banker who embezzles, abstracts, or willfully misapplies any moneys, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with intent in either case to injure or defraud any bank or individual, person, company or corporation, or to deceive any banker or officer of any bank, and any person who, with like intent, aids or abets any officer, clerk, or agent in any violation of this section, shall be [guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $5,000, or by imprisonment in the state prison not exceeding 20 years, or by both fine and imprisonment.] punished:
1. 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.
2. Where the amount involved is less than $100, for a misdemeanor.
Sec. 647. NRS 673.525 is hereby amended to read as follows:
673.525 Whenever the commissioner demands possession of the property, business and assets of any association, pursuant to NRS 673.485 to 673.577, inclusive, the refusal of any officer, agent, employee or director of such association to comply with the demand is a misdemeanor. [, punishable by a fine of not more than $500, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 649 (CHAPTER 211, AB 71)κ
the county jail for not more than 90 days, or by both fine and imprisonment.]
Sec. 648. NRS 673.810 is hereby amended to read as follows:
673.810 Any person who shall knowingly make, utter, circulate or transmit to another, or others, any statement untrue in fact, derogatory to the financial condition of any such company, association or corporation doing business in this state, with intent to injure any such company, association or corporation, or who shall counsel, aid, procure or induce another to originate, make, utter, transmit or circulate any such statement or rumor, with like intent, 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. 649. NRS 673.820 is hereby amended to read as follows:
673.820 Any company, association or corporation that shall violate any provisions of this chapter or fraudulently misrepresent the terms of any contract or of any securities, and thereby secure a sale therefor, [shall be guilty of a gross misdemeanor, and upon conviction thereof] shall be punished by a fine of not exceeding $1,000 and forfeiture and revocation of any and all licenses issued to it under the provisions of this chapter.
Sec. 650. NRS 673.830 is hereby amended to read as follows:
673.830 Any person who shall violate any provision of this chapter or sell any securities as the result of any fraudulent misrepresentation 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,] and the license issued to him shall be forfeited and revoked.
Sec. 651. NRS 673.840 is hereby amended to read as follows:
673.840 Any person, firm, copartnership or corporation doing business in this state, as described in NRS 673.070, selling or offering for sale within this state any securities of any company, association or corporation which has not received the license provided for in NRS 673.080 and 673.250, or who shall not himself have secured the license provided for in NRS 673.270, or who shall not have paid the fees and obtained the license as provided in NRS 673.430, 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,] for each such violation.
Sec. 652. NRS 675.470 is hereby amended to read as follows:
675.470 1. Any person and the several members, officers, directors, agents and employees thereof who shall violate or participate in the violation of any provision of NRS 675.060 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 or not more than 6 months, or by both fine and imprisonment.]
2. Any contract of loan in the making or collection of which any act shall have been done which violates NRS 675.060 shall be void, and the lender shall have no right to collect, receive or retain any principal, recompense or charges whatever.
Sec. 653. NRS 675.480 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 650 (CHAPTER 211, AB 71)κ
675.480 1. If any amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental and bona fide error of computation, the contract of loan shall be void, and the licensee shall have no right to collect or receive any principal, charges or recompense whatever.
2. The licensee and the several members, officers, directors, agents and employees thereof who shall have participated in such violation 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.]
Sec. 654. NRS 680.210 is hereby amended to read as follows:
680.210 1. In the conduct of any examination, investigation or hearing provided for this Title, the commissioner or other officer designated by him to conduct the same shall have power:
(a) To compel the attendance of any person by subpena.
(b) To administer oaths.
(c) To examine any person under oath concerning the business and conduct of affairs of any company or person subject to the provisions of this Title, and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
2. Every person subpenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the commissioner, or who refuses to be sworn or answer as a witness, 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 30 days, or by both fine and imprisonment.]
Sec. 655. NRS 682.520 is hereby amended to read as follows:
682.520 1. No domestic company shall pay any commission or brokerage for the purchase or sale of property in excess of that usual and customary at the time and in the locality where such purchases or sales are made, and complete information regarding all payments of commissions and brokerage shall be reported in the next annual statement.
2. No such company shall invest in or loan upon any real property in which any officer or director of such company has a financial interest, nor shall any such company invest in or loan upon any bond or note secured by mortgage or trust deed on real property if an officer or director of such company has any financial interest in the real property upon which the loan is made.
3. Any officer or director knowingly violating, or aiding in or abetting the violation of any provision of this section shall, upon conviction, be punished by a fine of not [less than $1,000 nor] more than $10,000, 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. 656. NRS 682.600 is hereby amended to read as follows:
682.600 1. No director or officer of any domestic company, party to a reinsurance agreement, except as fully expressed in the reinsurance agreement, shall receive any fee, commission, other compensation or valuable consideration whatever, directly or indirectly, for in any manner aiding, promoting or assisting in the negotiation of such reinsurance agreement.
κ1967 Statutes of Nevada, Page 651 (CHAPTER 211, AB 71)κ
aiding, promoting or assisting in the negotiation of such reinsurance agreement.
2. Any person violating the provisions of this section [shall, upon conviction, be punished by a fine of not less than $1,000 nor more than $5,000, 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. 657. NRS 684.360 is hereby amended to read as follows:
684.360 The commissioner may inform the appropriate district attorney of any violation of the provisions of this chapter, and any person, partnership, association or corporation convicted of such violation shall, in addition to any other penalty provided in this chapter, be [fined not less than $100 nor] punished by a fine of not more than $1,000 for each offense.
Sec. 658. NRS 685.030 is hereby amended to read as follows:
685.030 1. No person in the state shall act as, or hold himself out to be, an insurance adjuster unless licensed as such by the State of Nevada under the provisions of NRS 685.010 to 685.200, inclusive.
2. Licenses shall be issued effective from July 1, 1953, to June 30, 1954, and shall be renewable by July 1 each year thereafter. The license fee shall be $10 a year for the adjuster plus $5 for each person acting as an associate adjuster in the adjusters office. The adjuster shall be issued a certificate showing each associate who is authorized by the state to act in behalf of the adjuster.
3. Any person violating this section [shall, upon conviction, be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail not to exceed 6 months, or by both fine and imprisonment.] is guilty of a gross misdemeanor.
Sec. 659. NRS 685.050 is hereby amended to read as follows:
685.050 1. Application for a license shall be made to the commissioner upon forms prescribed and furnished by him. As a part of, or in connection with, any application, the applicant shall furnish information concerning his identity, personal history, experience, business record and other pertinent facts which the commissioner may reasonably require.
2. If the applicant is a firm, partnership or corporation, the application shall show, in addition to the requirements of subsection 1, the names of all members and officers of the firm, partnership or corporation, and shall designate who is to exercise the powers to be conferred by the license upon such firm, partnership or corporation. The commissioner shall require each individual of a firm, partnership or corporation to furnish information to him as though applying for an individual license.
3. Any person willfully misrepresenting any fact required to be disclosed in any application [shall be liable to the penalties provided by NRS 685.010 to 685.200, inclusive.] is guilty of a gross misdemeanor.
Sec. 660. NRS 686.080 is hereby amended to read as follows:
686.080 Any officer, director, agent or employee of any company who makes or causes to be made any false entry in any book, report or statement of such company with intent to injure or defraud such company, or any other company or person, or to deceive any officer of such company, or the commissioner or any agent or examiner appointed to examine the affairs of such company, and any person who with like intent aids or abets any officer, director, agent or employee in any violation of this section shall be punished by a fine of not more than $1,000, or by imprisonment for not less than 1 year nor more than [5] 6 years, or by both fine and imprisonment.
κ1967 Statutes of Nevada, Page 652 (CHAPTER 211, AB 71)κ
this section shall be punished by a fine of not more than $1,000, or by imprisonment for not less than 1 year nor more than [5] 6 years, or by both fine and imprisonment.
Sec. 661. NRS 686.150 is hereby amended to read as follows:
686.150 1. No company doing business in this state, and no officer, director, agent, clerk or employee thereof, broker or any other person shall make, issue or circulate, or cause or knowingly permit to be made, issued or circulated, any estimate, illustration, circular or verbal or written statement of any sort misrepresenting the terms of any policy issued or to be issued by it or any other company or the benefits or advantages promised thereby or any misleading estimate of the dividends or share of the surplus to be received thereon, or shall by the use of any name or title of any policy or class of policies misrepresent the nature thereof.
2. No such company, or officer, director, agent, clerk or employee thereof, or broker shall make any misleading or incomplete representation or comparison of companies or policies to any person insured in any company for the purpose of inducing or tending to induce a policyholder in any company to lapse, forfeit, change or surrender his insurance whether on a temporary or permanent plan.
3. No such company, or officer, director, agent, clerk or employee thereof, broker or other person shall make, issue or circulate, or cause or knowingly permit to be made, issued or circulated, any pamphlet, circular, article, literature or verbal or written statement of any kind which contains any false or malicious statement calculated to injure any company doing business in this state in its reputation or business.
4. Any company, or officer, director, agent, clerk or employee thereof, broker or other person who violates any of the provisions of this section, or knowingly participates in or abets such violation, shall be required to pay a penalty of not [less than $100 nor] more than $1,000, to be recovered in the name of the State of Nevada by the attorney general.
5. No company shall be held guilty of having violated any of the provisions of this section by reason of the act of any agent, solicitor or employee, not an officer, director or department head thereof, unless an officer, director or department head of such company shall have knowingly permitted such act or shall have had prior knowledge thereof.
Sec. 662. NRS 686.170 is hereby amended to read as follows:
686.170 1. Any company or any person violating any of the provisions of NRS 686.160 [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.
2. No agent or broker for any company doing business in this state violating any of the provisions of NRS 686.160 shall be entitled to receive any commission for the sale of any policy on which any rebate, as defined in NRS 686.160, shall have been given or offered, and if any such company has paid any commission to any agent or broker for the sale of any policy on which such rebate has been given or offered, the full amount thereof may be recovered by such company from such agent or broker.
3. No company shall be held guilty of having violated the provisions of NRS 686.160 by reason of an act of any agent, general agent, representative, broker or employee not an officer, director or department head thereof, unless an officer, director or department head of such company shall have knowingly permitted such act, or shall have had prior knowledge thereof.
κ1967 Statutes of Nevada, Page 653 (CHAPTER 211, AB 71)κ
thereof, unless an officer, director or department head of such company shall have knowingly permitted such act, or shall have had prior knowledge thereof.
Sec. 663. NRS 686.200 is hereby amended to read as follows:
686.200 1. It shall be unlawful for any company to enter into a contract of insurance as an insurer or to transact insurance business in this state, unless authorized so to do by a license issued to such company, or unless such company is specifically exempted by the provisions of this Title from the requirements of having a license.
2. The following acts, if performed in this state, shall be included among those deemed to constitute transacting insurance business in this state:
(a) Maintaining an agency or office where contracts are executed which are or purport to be insurance contracts with citizens of this or any other state;
(b) Maintaining files or records of insurance contracts except by regularly licensed attorneys or regularly licensed real estate brokers;
(c) Receiving payment of premiums for insurance contracts except by regularly licensed attorneys or regularly licensed real estate brokers; or
(d) Entering into contracts of reinsurance.
3. Any company that violates any of the provisions of subsections 1 and 2 of this section shall be required to pay a penalty of not [less than $100 nor] more than $1,000 for each offense, to be recovered in the name of the State of Nevada by the attorney general. Each day in which a violation occurs shall constitute a separate offense.
Sec. 664. NRS 686.370 is hereby amended to read as follows:
686.370 1. Every surplus line broker transacting business under the provisions of NRS 686.270 to 686.380, inclusive, shall ascertain the financial condition of each company before he procures a policy of insurance from, or places any insurance with, such company.
2. Any surplus line broker who shall knowingly place insurance with, or procure insurance from, any insurance company whose unimpaired capital and surplus assets, after providing a reinsurance reserve on the pro rata basis, are less than $200,000, or from any insurance company, other than a stock company, whose cash assets are less than $150,000, of which amount not less than $50,000 must be net surplus, after providing for a reinsurance reserve on the pro rata basis, shall be punished by a fine of not [less than $25 nor] more than $500, and his license shall be immediately revoked by the commissioner, and no license shall be issued to the surplus line broker within 1 year from the date of revocation for such cause.
Sec. 665. NRS 688.535 is hereby amended to read as follows:
688.535 1. No person shall cause or permit to be made, issued or circulated in any form:
(a) Any misrepresentation or false or misleading statement concerning the terms, benefits or advantages of any fraternal insurance contract now issued or to be issued in this state, or the financial condition of any society;
(b) Any false or misleading estimate or statement concerning the dividends or shares of surplus paid or to be paid by any society on any insurance contract; or
κ1967 Statutes of Nevada, Page 654 (CHAPTER 211, AB 71)κ
(c) Any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer for the purposed of inducing the lapse, forfeiture or surrender of any insurance contract.
2. A comparison of insurance contracts is incomplete if it does not compare in detail:
(a) The gross rates, and the gross rates less any dividend or other reduction allowed at the date of the comparison; and
(b) Any increase in cash values, and all the benefits provided by each contract for the possible duration thereof as determined by the life expectancy of the insured.
3. A comparison of insurance contracts is incomplete if it omits from consideration:
(a) Any benefit or value provided in the contract;
(b) Any differences as to amount or period of rates; or
(c) Any differences in limitations or conditions or provisions which directly or indirectly affect the benefits.
4. In any determination of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no knowledge of any of the contents of the contract involved.
5. Any person who violates any provision of this section or knowingly receives any compensation or commission by or in consequence of such violation [shall upon conviction be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not less than 30 days or more than 1 year, or by both fine and imprisonment,] is guilty of a gross misdemeanor, and shall in addition be liable for a civil penalty in the amount of 3 times the sum received by such violator as compensation or commission, which penalty may be recovered in a civil action by any person or society aggrieved for his or its own use and benefit.
Sec. 666. NRS 688.585 is hereby amended to read as follows:
688.585 1. Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society [shall upon conviction be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not less than 30 days or more than 1 year, or by both such fine and imprisonment.] is guilty of a gross misdemeanor.
2. Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
3. Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall [upon conviction] be punished by a fine of not [less than $50 or] more than $200.
4. Any person convicted of a willful violation of, or neglect or refusal to comply with, any provision of this chapter for which a penalty is not otherwise prescribed shall be punished by a fine of not more than $200.
κ1967 Statutes of Nevada, Page 655 (CHAPTER 211, AB 71)κ
Sec. 667. NRS 690.070 is hereby amended to read as follows:
690.070 1. No agent, examining physician, or other person shall knowingly or willfully make any false or fraudulent statement or representation in or with reference to any application for life insurance, or shall make any such statement or representation for the purpose of obtaining any fees, commission, money or benefit from or in any life insurance company.
2. Any person who violates any of the provisions of this section [shall, upon conviction, 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. 668. NRS 693.610 is hereby amended to read as follows:
693.610 1. Any person violating the provisions of NRS 693.320 to 693.350, inclusive, is guilty of a gross misdemeanor. [, and shall be punished by a fine of not less than $250 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 1 year, or by both fine and imprisonment.]
2. Any person violating any other provisions of NRS 693.130 to 693.600, inclusive, other than NRS 693.320 to 693.350, inclusive, is guilty of a misdemeanor.
Sec. 669. NRS 704.140 is hereby amended to read as follows:
704.140 1. It shall be unlawful for any person, firm or corporation engaged in business as a common carrier to give or furnish to any state, district, county or municipal officer of this state, or to any person other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation.
2. Nothing herein shall prevent the carriage, storage or hauling of freight free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, or for charitable purposes, or for fairs and expositions, or household goods and supplies, the property of employees, the equipment of a contractor under contract with a common carrier for use under such contract, and the issuance of mileage, commutation, excursion passenger tickets or party tickets, if the same shall be obtainable by any person applying therefor without discrimination.
3. This chapter shall not be construed:
(a) As preventing railroads from giving free transportation or reduced rates to contractors under a contract with such common carrier or to employees of contractors employed under such contract, ministers of the gospel, regularly employed secretaries of the Y. M. C. A. or Y. W. C. A., state officers of each recognized military ex-service organization, including ladies auxiliaries thereof, not exceeding three from each such organization, constables, college professors, school teachers, students of institutions of learning, students of public schools, disabled or homeless persons, railroad officers, attorneys, directors or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona fide ex-employees in search of employment; or
(b) To prevent the exchange of passes with officers, attorneys or employees of other railroads, telegraph or express companies, and members of their families.
κ1967 Statutes of Nevada, Page 656 (CHAPTER 211, AB 71)κ
4. Upon shipment of livestock or other property requiring the care of an attendant, the railroad may furnish to the shipper or such person or persons designated by him free transportation, including return passage to the place of shipment, if there is no discrimination between such shippers.
5. 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 $100 nor] more than $500.
Sec. 670. NRS 704.430 is hereby amended to read as follows:
704.430 1. Any person, firm, association or corporation who shall violate any provisions of NRS 704.330 to 704.420, 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 $250.
2. Each days operation without a certificate as provided in NRS 704.330 to 704.420, inclusive, or each day that service is discontinued, modified or restricted, as defined in NRS 704.330 to 704.420, inclusive, shall be considered a separate offense.
Sec. 671. NRS 704.640 is hereby amended to read as follows:
704.640 Any violation of the provisions of this chapter, where no penalty or punishment is prescribed therefor, shall be punished by a fine of not [less than $500 nor] more than $1,000.
Sec. 672. NRS 704.670 is hereby amended to read as follows:
704.670 1. Every public service company, corporation or individual furnishing light and power, telephone, gas, or water, or any of them, to the public shall be and they are hereby required to pay to every customer or consumer, from whom any deposit shall have been required, interest on the amount of the deposit at the rate of 5 percent per annum from the date of deposit until the date of settlement, or withdrawal of deposit. Where such deposit remains for a period of one year or more and the person making the deposit continues to be a consumer, the interest on the deposit at the end of the year shall be either paid in cash to the depositor or applied on current bills for the use of power, telephone, gas, light or water, as the depositor may desire.
2. Every firm, company, corporation or person who shall fail, refuse or neglect to pay the interest provided in subsection 1 and in the manner required by 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 not exceeding 6 months, or by both fine and imprisonment.]
Sec. 673. NRS 704.790 is hereby amended to read as follows:
704.790 Any violation of any of the provisions of NRS 704.690 to 704.780, inclusive, shall be a misdemeanor. [, and shall be punishable upon conviction by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.]
Sec. 674. NRS 704.800 is hereby amended to read as follows:
704.800 1. Every person who willfully, and with intent to injure or defraud:
(a) Opens, breaks into, taps or connects with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any water, gas, irrigation, electric or power company or corporation, or belonging to or used by any other person, persons or association, or by the state, or by any county, city, district or municipality, and takes and removes therefrom or allows to flow or be taken or be removed therefrom any water, gas, electricity or power belonging to another; or
κ1967 Statutes of Nevada, Page 657 (CHAPTER 211, AB 71)κ
belonging to or used by any other person, persons or association, or by the state, or by any county, city, district or municipality, and takes and removes therefrom or allows to flow or be taken or be removed therefrom any water, gas, electricity or power belonging to another; or
(b) Connects a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person, persons or association, in such manner as to take therefrom water, gas, electricity or power for any purpose or use, without passing through the meter or instrument or other means provided for registering the quantity consumed or used; or
(c) Destroys, detaches, disconnects, alters, injures or prevents the action of a headgate, meter or other instrument or means used to measure or register the quantity of water, gas, electricity or power consumed or supplied; or
(d) Injures or destroys, or interferes with the efficiency or use of, or suffers to be injured or destroyed, any pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person, persons or association,
is guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property removed, destroyed, altered or damaged and in no event less than 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;] and such person shall also be liable to the person, persons, association or corporations, or the owner or user whose property is injured, in a sum equal to treble the amount of actual damages sustained thereby.
2. In any prosecution under subsection 1, proof that any of the acts therein forbidden were done on or about the premises occupied by the defendant charged with the commission of such an offense, or that he received the use or benefit of such water, gas, electricity or power by reason of the commission of any such acts, shall be prima facie evidence of the guilt of such defendant.
Sec. 675. NRS 704.810 is hereby amended to read as follows:
704.810 Every person who shall willfully and maliciously remove, damage or destroy:
1. A telegraph, telephone or electric transmission line or any part thereof, or any appurtenance thereto, or apparatus connected with the operation thereof; or
2. A fence, gate, cattle guard, bridge, water tank, milepost, car, engine, motor or other useful structure on the line of any railway,
shall be guilty of a [misdemeanor.] public offense, as prescribed in section 8 of this act, proportionate to the value of the property removed, damaged or destroyed.
Sec. 676. NRS 705.110 is hereby amended to read as follows:
705.110 Any company, owner or custodian of such animals who knowingly and willingly fails to comply with the provisions of NRS 705.090 and 705.100 shall be guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 658 (CHAPTER 211, AB 71)κ
knowingly and willingly fails to comply with the provisions of NRS 705.090 and 705.100 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 60 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 677. NRS 705.200 is hereby amended to read as follows:
705.200 1. Any person falsely making an affidavit of ownership of any animal killed or injured under the terms of NRS 705.150 to 705.200, inclusive, shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment in the [state prison] county jail for not more than 1 year.
2. If the owner or owners of animals mentioned in NRS 705.150 shall drive the same upon the track of any such railroad corporation or company with intent thereby to injure or kill it or them, such owner or owners shall be liable for all injury or damage occasioned by reason of such act, and 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.
3. Every person described in NRS 705.180 who shall fail or neglect to comply with the provisions of NRS 705.180 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, or by both fine and imprisonment.]
4. Every corporation, company, receiver, association or person who shall fail, neglect or refuse to comply with the provisions of NRS 705.190 shall be guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $250.]
5. Any person or persons who shall attempt in any manner to conceal the evidence of the killing or injury of any animal or animals described in NRS 705.150 by any railroad train, engine or cars on any railroad in this state, or who shall in any way destroy or cover up the evidence that may lead to the identification of any animal or animals so killed or injured, [shall, upon conviction thereof, be punished by a fine not exceeding $200, or by imprisonment in the county jail not exceeding 30 days, or by both fine and imprisonment.] is guilty of a misdemeanor.
Sec. 678. NRS 705.210 is hereby amended to read as follows:
705.210 1. As used in this section:
(a) Employees means persons actually engaged in or connected with the movement of any train.
(b) Railroad includes all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract agreement or lease.
2. The provisions of this section shall apply to any common carrier or carriers, their officers, agents and employees engaged in the transportation of passengers or property by railroad in the State of Nevada.
3. It shall be unlawful for any common carrier, its officers or agents, subject to this section, to require or permit any employee subject to this section to be or remain on duty for a longer period than 16 consecutive hours, and whenever any such employee of such common carrier shall have been continuously on duty for 16 hours he shall be relieved and not required or permitted again to go on duty until he has had at least 10 consecutive hours off duty.
κ1967 Statutes of Nevada, Page 659 (CHAPTER 211, AB 71)κ
have been continuously on duty for 16 hours he shall be relieved and not required or permitted again to go on duty until he has had at least 10 consecutive hours off duty. No such employee who has been on duty 16 hours in the aggregate in any 24-hour period shall be required or permitted to continue or again go on duty without having had at least 8 consecutive hours off duty.
4. No employee who, by the use of the telegraph or telephone or other electrical device, dispatches, reports, transmits, receives or delivers orders or who from towers, offices, places and stations operates signals or switches or similar mechanical devices controlling, pertaining to, or affecting the movement of trains of more than two cars shall be required or permitted to be or remain on duty in any 24-hour period for a longer period than 8 hours, which period of 8 hours shall be wholly within the limits of a continuous shift and upon the completion of which period such employee shall not be required or permitted again to go on duty until the expiration of 16 hours. This subsection shall not apply to employees who in case of emergency use the telephone to obtain orders or information governing the movement of trains. In case of emergency, the employees named in this subsection may be permitted to be and remain on duty for 4 additional hours in a 24-hour period of not exceeding 3 days in any week.
5. Any common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be or remain on duty in violation of subsections 3 and 4 [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $250 nor] more than $500.
6. In all prosecutions under this section the common carrier shall be deemed to have had knowledge of all acts of its officers and agents.
7. The provisions of this section shall not apply:
(a) In any case of casualty or unavoidable accident or the act of God.
(b) Where the delay was the result of a cause not known to the carrier or its officers or agents in charge of such employee at the time the employee left the terminal and which could not have been foreseen.
(c) To the crews of wrecking or relief trains.
(d) To railroads not maintaining a regular night train schedule.
8. The public service commission of Nevada shall:
(a) Execute and enforce the provisions of this section, and all powers granted by law to the public service commission of Nevada are hereby extended to it in the execution of this section.
(b) Lodge with the proper district attorneys information of any violations of this section which may come to its knowledge.
Sec. 679. NRS 705.230 is hereby amended to read as follows:
705.230 1. It shall be unlawful for any railroad doing business in the State of Nevada, or any officer, agent or servant of such railroad, to require any conductor, engineer, brakeman, fireman or any other employee, as a condition of his continued employment, or otherwise to require or compel or attempt to require or compel any such employee to purchase of any such railroad, or of any particular person, firm or corporation, or at any particular place or places, any uniform or other clothing or apparel, required by any such railroad to be used by an such employee in the performance of his duty. Any such railroad, or any officer, agent or servant thereof, who shall order or require any conductor, engineer, brakeman, fireman, or any other person in its employ to purchase any uniform or other clothing or apparel as aforesaid shall be deemed to have required such purchase as a condition of such employees continued employment.
κ1967 Statutes of Nevada, Page 660 (CHAPTER 211, AB 71)κ
officer, agent or servant thereof, who shall order or require any conductor, engineer, brakeman, fireman, or any other person in its employ to purchase any uniform or other clothing or apparel as aforesaid shall be deemed to have required such purchase as a condition of such employees continued employment.
2. Any railroad doing business in the State of Nevada, or any officer, agent or servant thereof, 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.]
Sec. 680. NRS 705.360 is hereby amended to read as follows:
705.360 1. Every company, corporation lessee, manager or receiver, owning or operating a railroad in this state, is required to equip, maintain, use and display at night upon each locomotive being operated in road service in this state an electric or other headlight of at least 1,500-candlepower, measured without the aid of a reflector. Any electric headlight which will pick up and distinguish an object the size of a man dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet shall be deemed the equivalent of a 1,500-candlepower headlight measured without the aid of a reflector.
2. This section shall not apply to:
(a) Locomotive engines regularly used in switching cars or trains.
(b) Railroads not maintaining regular night train schedules.
(c) Locomotives going to or returning from repair shops when ordered in for repairs.
3. Any railroad company, or the receiver or lessee thereof, doing business in the State of Nevada, which shall violate the provisions of this section shall be liable to the State of Nevada for a penalty of not [less than $100 nor] more than $1,000 for each offense. Suit shall be brought to recover the penalty in a court of competent jurisdiction, in the name of the State of Nevada, by the attorney general or by the district attorney of any county in or through which the railroad is operated.
Sec. 681. NRS 705.370 is hereby amended to read as follows:
705.370 1. [On and after October 1, 1949, every] Every railroad company or corporation or the receiver or receivers thereof owning or operating any railroad wholly or partly within this state shall equip with and maintain in each, every and all their passenger trains, cabooses, locomotives and motors or diesel engines used in the propelling of trains or switching of cars emergency first aid kits as provided in this section.
2. All such railroad companies, corporations, or the receiver or receivers thereof, shall equip and maintain each of their passenger trains, cabooses, locomotives, motors or diesel engines, as set forth in subsection 1, with an emergency first aid kit whose contents shall be prescribed by the public service commission of Nevada. Each passenger train and each caboose shall be equipped with at least one stretcher. All of the contents of the emergency first aid kits, except the stretchers, shall be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, shall be plainly designated.
3. The employee of any such railroad company, corporation or the receiver or receivers thereof, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by such company, corporation or receiver for such purpose, whenever any of the emergency first aid kit has been used or has been found missing in order to facilitate the replacement thereof.
κ1967 Statutes of Nevada, Page 661 (CHAPTER 211, AB 71)κ
receiver or receivers thereof, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by such company, corporation or receiver for such purpose, whenever any of the emergency first aid kit has been used or has been found missing in order to facilitate the replacement thereof. The emergency first aid kit shall only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring such aid at the first possible moment.
4. Any railroad company, corporation or the receiver or receivers thereof, refusing, neglecting or failing to comply with the provisions of this section shall be liable for a penalty to the State of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first aid kit specified in subsection 1. The penalty shall be collected in a civil action therefor upon direction of the attorney general by the district attorney of any county in the state through which the railroad company, corporation or receiver operates its railroad.
5. Any person or any employee of any railroad company, corporation or the receiver or receivers thereof, who shall remove, carry away from its proper place or use any emergency first aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person in any accident whereby the kit may be made available at once, [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished by a fine of not [less than $25.] more than $500.
Sec. 682. NRS 705.380 is hereby amended to read as follows:
705.380 1. It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of Nevada and engaged in the business of common carrier to operate for or transport its employees in a motorcar which is not equipped with a transparent safety glass windshield sufficient in width and height reasonably to protect such employees. Such car shall also be equipped with an electric headlamp of sufficient candlepower as to make any obstruction, landmark, warning sign or grade crossing on such railroad visible at a distance of 300 feet in advance of such car under ordinary atmospheric conditions. Such car shall also be equipped with two electric lights on the rear end thereof with sufficient candlepower as to be visible at a distance of 300 feet under ordinary atmospheric conditions. Such car shall also be equipped with a suitable device that will remove rain, snow and sleet from the windshield while the car is moving, and the windshield shall be so devised that the driver or operator of the car can start or stop the windshield wiper while he is driving the car.
2. Any owner or operator of a railroad running through or within this state as a common carrier of persons or property or both, for compensation, who either operates for its employees, or who furnishes to its employees, for their transportation to or from the place or places where they are required to labor, a rail track motorcar that has not been fully equipped as required by subsection 1 shall be fined not [less than $100 nor] more than $500 for each offense. Each day or part of a day it operates or furnishes each of such rail track motorcars not so equipped as provided in subsection 1 to its employees for operation to or from the place or places where they are required to work shall constitute a separate offense.
κ1967 Statutes of Nevada, Page 662 (CHAPTER 211, AB 71)κ
or places where they are required to work shall constitute a separate offense.
Sec. 683. NRS 705.470 is hereby amended to read as follows:
705.470 Any person who shall willfully, unlawfully or maliciously break, destroy or injure the door, window, grating, platform, wheels or other part of any railroad car, or sever therefrom any part thereof, or any material of which it is formed, shall for each such offense be guilty of a [misdemeanor.] public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged, destroyed or removed.
Sec. 684. NRS 705.480 is hereby amended to read as follows:
705.480 1. It is unlawful for any person without authority to:
(a) Willfully uncouple or detach any locomotive, tender or any car of any railroad train, either when standing or in motion on any track of any railroad.
(b) Take off the brake of any railroad car, tender or train.
(c) Put in motion any locomotive, tender, car or train.
2. It is unlawful for any person to:
(a) Throw any stone, rock, missile, or any substance at any railroad train, car, locomotive or tender, or any part of any train.
(b) Discharge any gun, pistol or any other firearm at any train, car, locomotive or tender.
(c) Wrongfully injure, deface or damage the same or any part thereof.
3. Any person violating any provision of this section is guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged, and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 90 days, or by both fine and imprisonment.]
Sec. 685. NRS 706.690 is hereby amended to read as follows:
706.690 Any person who:
1. Operates any carrier to which NRS 706.010 to 706.700, inclusive, applies without first obtaining a certificate, permit or license, or in violation of the terms thereof; or
2. Fails to make any return or report required by NRS 706.010 to 706.700, inclusive, or by the commission or the department under the terms of NRS 706.010 to 706.700, inclusive; or
3. Violates, or procures, aids or abets the violating of, any provision of NRS 706.010 to 706.700, inclusive; or
4. Fails to obey any order, decision or regulation of the commission or the department; or
5. Procures or aids or abets any person in his failure to obey such order, decision or regulation,
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 10 days nor more than 6 months, or by both fine and imprisonment.]
Sec. 686. NRS 706.720 is hereby amended to read as follows:
706.720 1. It is unlawful for any person:
(a) To throw any stone, rock, missile or any substance at any motorbus, truck or other motor vehicle; or
κ1967 Statutes of Nevada, Page 663 (CHAPTER 211, AB 71)κ
(b) To discharge any gun, pistol or any other firearm at any motorbus, truck or other motor vehicle; or
(c) Wrongfully to injure, deface or damage any motorbus, truck or other motor vehicle, or any part thereof.
2. Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 90 days, or by both fine and imprisonment.]
Sec. 687. NRS 707.020 is hereby amended to read as follows:
707.020 1. If any officer, agent, operator, clerk or employee of a telegraph company, or any other person, shall willfully:
(a) Divulge to any other person than the person from whom the same was received, or to whom the same is addressed, or his agent or attorney, any message received or sent, or intended to be sent, over any telegraph line, or the contents, substance, purport, effect or meaning of such message, or any part thereof; or
(b) Alter any such message by adding thereto, or omitting therefrom, any word or words, figure or figures, so as to change materially the sense, purport or meaning of such message, to the injury of the person sending or desiring to send the same, or to whom the same was directed,
the person so offending 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 not exceeding 1 year, or by both fine and imprisonment.]
2. When numerals or words of number occur in any message, the operator or clerk sending or receiving may express the same in words or figures, or in both words and figures, and such fact shall not be deemed an alteration of the message or in any manner affecting its genuineness, force or validity.
Sec. 688. NRS 707.030 is hereby amended to read as follows:
707.030 Every person who shall wrongfully obtain or attempt to obtain any knowledge of a telegraphic message, by connivance with the clerk, operator, messenger or other employee of a telegraph company, and every clerk, operator, messenger or other employee of such company who shall willfully divulge to any but the person for whom it was intended any telegraphic message or dispatch entrusted to him for transmission or delivery, or the nature or contents thereof, or shall willfully refuse, neglect or delay duly to transmit or deliver the same, shall be guilty of a gross misdemeanor.
Sec. 689. NRS 707.040 is hereby amended to read as follows:
707.040 If any agent, operator or employee in any telegraph office, or any other person, shall knowingly or willfully send by telegraph to any person or persons any false or forged message purporting to be from such telegraph office, or from any other person, or shall willfully deliver or cause to be delivered to any person any such message falsely purporting to have been received by telegraph; or if any person or persons shall furnish or conspire to furnish, or cause to be furnished, to any such agent, operator or employee, to be so sent by telegraph, or to be so delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure or defraud any individual, partnership, corporation or the public, the person or persons so offending shall be guilty of a gross misdemeanor.
κ1967 Statutes of Nevada, Page 664 (CHAPTER 211, AB 71)κ
to deceive, injure or defraud any individual, partnership, corporation or the public, the person or persons so offending 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 not exceeding 1 year, or by both fine and imprisonment.]
Sec. 690. NRS 707.050 is hereby amended to read as follows:
707.050 1. If any agent, operator or employee in any telegraph office shall in any way use or appropriate any information derived by him from any private message of messages, addressed to any other person or person, passing through his hands, or in any other manner acquired by him, by reason of his trust as such agent, operator or employee, or shall trade or speculate upon any such information so obtained, or in any manner turn, or attempt to turn, the same to his own account, profit or advantage, the person so offending 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 not exceeding 1 year, or by both fine and imprisonment.]
2. Any person who violates any of the provisions of subsection 1 shall also be liable in treble damages to the party aggrieved for all loss or injury sustained by reason of such wrongful act.
Sec. 691. NRS 707.060 is hereby amended to read as follows:
707.060 1. If any agent, operator or employee in any telegraph office shall unreasonably and willfully refuse or neglect to send any message received at such office for transmission, or shall unreasonably and willfully postpone the same out of its order, or shall unreasonably and willfully refuse or neglect to deliver any message received by telegraph, the person so offending 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. Nothing contained in this section shall be construed:
(a) To require any message to be received, transmitted or delivered unless the charges thereon shall have been paid or tendered.
(b) To require the sending, receiving or delivery of any message counseling, aiding, abetting or encouraging treason against the Government of the United States, or other resistance to lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime.
Sec. 692. NRS 707.090 is hereby amended to read as follows:
707.090 1. If any person not connected with any telegraph office shall, without the authority or consent of the person or persons to whom the same may be directed, willfully and unlawfully open any sealed envelope enclosing a telegraphic message and addressed to any other person or persons, with the purpose of learning the contents of such message, or shall fraudulently represent any other person or persons and thereby procure to be delivered to himself any telegraphic message addressed to such other person or persons, with the intent to use, destroy or detain, the same from the person or persons entitled to receive such message, the person so offending 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 not exceeding 1 year, or by both fine and imprisonment.]
κ1967 Statutes of Nevada, Page 665 (CHAPTER 211, AB 71)κ
imprisonment in the county jail not exceeding 1 year, or by both fine and imprisonment.]
2. Any person violating any of the provisions of subsection 1 shall be liable in treble damages to the person injured for all loss and damages sustained by reason of such wrongful act.
Sec. 693. NRS 707.100 is hereby amended to read as follows:
707.100 If any person not connected with any telegraph company shall, by means of any machine, instrument or contrivance, or in any other manner, willfully and fraudulently read, or attempt to read, any message, or to learn the contents thereof, while the same is being sent over any telegraph line; or shall willfully and fraudulently or clandestinely learn, or attempt to learn, the contents or meaning of any message while the same is in any telegraph office, or is being received thereat, or sent therefrom; or shall use, or attempt to use, or communicate to others, any information so obtained by any person, the person so offending 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 not exceeding 1 year, or by both fine and imprisonment.]
Sec. 694. NRS 707.120 is hereby amended to read as follows:
707.120 If any person shall, by the payment or promise of any bribe, inducement or reward, procure, or attempt to procure, any telegraph agent, operator or employee to disclose any private message, or the contents, purport, substance or meaning thereof; or shall offer to any such agent, operator or employee any bribe, compensation or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator or employee; or shall use, or attempt to use, any such information so obtained, the person so offending 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 not exceeding 1 year, or by both fine and imprisonment.]
Sec. 695. NRS 707.130 is hereby amended to read as follows:
707.130 1. If any person shall:
(a) Willfully or maliciously cut, break or throw down any telegraph pole, or any tree or other material used in any line of telegraph, or willfully or maliciously break, displace or injure any insulator in use in any telegraph line, or willfully or maliciously cut, break or remove from its insulator any wire used as a telegraph line; or
(b) By the attachment of a ground wire, or by any other contrivance, willfully destroy the insulation of such telegraph line, or interrupt the transmission of the electric current through the same; or
(c) In any other manner, willfully injure, molest or destroy any property or materials appertaining to any telegraph line; or
(d) Willfully interfere with the use of any telegraph line, or obstruct or postpone the transmission of any message over the same; or
(e) Procure or advise any such injury, interference or obstruction,
the person so offending shall be guilty of a public offense, as prescribed in section 8 of this act, proportionate to the value of the property damaged, altered, removed or destroyed and in no event less than 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.]
κ1967 Statutes of Nevada, Page 666 (CHAPTER 211, AB 71)κ
2. Any person violating any of the provisions of subsection 1 shall be liable to the telegraph company whose property is injured in a sum equal to 100 times the amount of actual damages sustained thereby.
Sec. 696. NRS 707.160 is hereby amended to read as follows:
707.160 1. The president or secretary of any telegraph company doing business in this state may file in the office of the county clerk of the county in which the principal office of the company within this state is situated a copy of any printed blank, envelope, picture or devised used or intended to be used by the company, with his certificate that the same is commonly used, or is intended so to be used, in the business of the company as a distinguishing mark, notice or index of the business, and thereupon such blank, envelope, picture or device shall become the property of the company. It shall be unlawful for any person, unless by the employment or permission of the company, to print, publish, distribute or use, or cause to be printed, published, distributed or used, either of them, or any copy, counterfeit, similitude or imitation thereof.
2. Any person willfully offending against the provisions of this section [shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months.] is guilty of a misdemeanor.
Sec. 697. NRS 707.260 is hereby amended to read as follows:
707.260 1. The rates of charges so established shall be written, painted or printed, in a plain and legible manner, and posted in each office on such line.
2. If any person or persons, company, association or corporation who constructs, puts in operation, and maintains any line of telegraph demands or collects any higher or greater rates of charges than those specified and so posted, he, they or the officers or agents of the company, association or corporation, so doing, [shall be guilty of a gross misdemeanor, and upon conviction thereof] shall, for each offense, be punished by a fine of not [less than $100 nor] more than $1,000. [, and, in default of payment of such fine, may, in the discretion of the court, be imprisoned in the county jail until such fine is paid. The extent of the imprisonment shall not exceed 1 day for each $2 of the fine.]
Sec. 698. NRS 707.320 is hereby amended to read as follows:
707.320 Every person who shall intercept, read or in any manner interrupt or delay the sending of a message over any telephone line shall be guilty of a gross misdemeanor.
Sec. 699. NRS 708.140 is hereby amended to read as follows:
708.140 1. Any common carrier as defined in NRS 708.020 which shall violate any provision of this chapter or shall fail to perform any duty imposed by this chapter or any valid order of the commission, when not stayed or suspended by an order of a court, shall be subject to a penalty of not [less than $500 nor] more than $1,000 for each offense. The penalty shall be recoverable by a suit of the attorney general in the name of the state and for its use.
2. For the willful violation of the provisions of this chapter forbidding discrimination on the part of common carriers, it is hereby provided that the officers of such a common carrier and common purchaser violating this chapter 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 may be punished further by imprisonment in the county jail for not less than 6 months nor more than 1 year.]
κ1967 Statutes of Nevada, Page 667 (CHAPTER 211, AB 71)κ
county jail for not less than 6 months nor more than 1 year.] Each violation of the provisions of this chapter shall be deemed a separate offense.
Sec. 700. NRS 176.180, 193.180, 199.400, 200.250, 200.270, 200.360, 200.580 to 200.600, inclusive, 201.010, 201.200, 202.050, 202.080, 202.090, 202.110 to 202.130, inclusive, 202.190, 202.490, 202.520, 202.570, 203.120 to 203.190, inclusive, 205.135 to 205.155, inclusive, 205.190, 205.250, 205.315, 205.325, 206.020, 206.030, 206.050, 206.070, 206.080, 206.130, 206.210, 207.060, 213.125, 453.250, 453.340 to 453.410, inclusive, and 482.560 are hereby repealed.
Sec. 701. Sections 1 to 321, inclusive, of this act shall become effective on July 1, 1967; section 322 of this act shall become effective at 12:01 a.m. on July 1, 1967; and sections 323 to 701, inclusive, of this act shall become effective on July 1, 1967.
________
Senate Bill No. 291Senator Slattery
CHAPTER 212
AN ACT to amend Title 54 of NRS, relating to professions, occupations and businesses, by adding a new chapter relating to public health sanitarians; defining terms; creating a state board of registration for public health sanitarians and fixing the terms of its members, prescribing its powers and duties and for the compensation of its members; prescribing the procedure for the registration of qualified persons as public health sanitarians, for the renewal of certificates of registration issued to such persons and for the suspension or revocation of such certificates under certain circumstances; authorizing the board to enter into reciprocal agreements with other states for the registration of public health sanitarians; providing penalties; and providing other matters properly relating thereto.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context requires otherwise:
1. Board means the board of registration for public health sanitarians.
2. Certificate of registration means a document, issued as evidence of registration and qualification to practice as a public health sanitarian under this chapter, bearing the designation Registered Public Health Sanitarian and showing the name of the person registered, the date of issuance, the registration number, the seal of the board and the signatures of the members of the board.
3. Public health sanitarian means a person who, by virtue of his education and experience in the physical, biological and sanitary sciences, is qualified to perform educational, investigational and technical duties in the field of sanitation.
κ1967 Statutes of Nevada, Page 668 (CHAPTER 212, SB 291)κ
sciences, is qualified to perform educational, investigational and technical duties in the field of sanitation.
4. Registered public health sanitarian means a public health sanitarian registered in accordance with the provisions of this chapter.
Sec. 3. There is hereby created the board of registration for public health sanitarians to register qualified persons whose duties in the fields of public health and environmental sanitation require a knowledge of the physical, biological and sanitary sciences, and whose professional pursuits and duties are necessary to the promotion of the life, health and prosperity of the citizens of this state.
Sec. 4. 1. The board shall consist of the state health officer or his designated representative and four members appointed by the governor.
2. The members appointed to the board shall possess the following qualifications:
(a) Two members shall represent the public at large.
(b) Two members shall be public health sanitarians who are qualified for registration under the provisions of this chapter.
3. After December 31, 1970, each sanitarian member of the board shall be a registered public health sanitarian under the provisions of this chapter.
Sec. 5. 1. The first public health sanitarian members of the board shall be appointed for the following terms:
(a) One member shall serve a term expiring on December 31, 1970.
(b) One member shall serve a term expiring on December 31, 1969.
2. The first members of the board from the public at large shall be appointed for the following terms:
(a) One member shall serve a term expiring on December 31, 1968.
(b) One member shall serve a term expiring on December 31, 1967.
3. After the expiration of the terms designated in subsections 1 and 2, members shall be appointed for terms of 4 years.
Sec. 6. 1. The governor may, after notice and hearing, remove any member of the board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
2. Any vacancy shall be filled by appointment by the governor for the unexpired term.
Sec. 7. 1. Immediately following their appointment, the members of the board shall meet and elect from their number a chairman and a secretary.
2. Thereafter, a chairman shall be elected annually on July 1.
3. The secretary shall continue in office at the pleasure of the board.
Sec. 8. 1. The board shall hold at least one meeting annually for the following purposes:
(a) The review and evaluation of applications for registration as public health sanitarians.
(b) The conduct of examinations of such applicants.
(c) The review and approval of expenditures by the board.
(d) The preparation and approval of reports.
(e) The transaction of any other business necessary to enable the board to carry out the provisions of this chapter.
2. Special meetings of the board may be called by the secretary upon a written request of any two members of the board, or upon a written request signed by 10 registered public health sanitarians.
κ1967 Statutes of Nevada, Page 669 (CHAPTER 212, SB 291)κ
a written request of any two members of the board, or upon a written request signed by 10 registered public health sanitarians.
3. Three members of the board shall constitute a quorum.
Sec. 9. 1. The secretary of the board shall receive:
(a) An annual salary to be fixed by the board.
(b) Travel expenses and any other expenses necessarily incurred in the discharge of his official duties.
2. All other members of the board shall receive:
(a) The subsistence allowance provided by law for each day actually engaged in official meeting of the board.
(b) Travel expenses as provided by law.
3. No funds of the board may be disbursed for the payment of salaries, travel expenses or subsistence allowances without the approval of the board.
Sec. 10. 1. The secretary of the board shall receive and account for all moneys paid to the board under this chapter. The secretary shall transmit such moneys to the state treasurer, who shall keep them in a separate fund to be known as the board for registration of public health sanitarians fund.
2. All moneys received by the board under this chapter shall be used:
(a) To pay the compensation and expenses of members of the board.
(b) To administer the provisions of this chapter.
3. Any moneys which remain at the end of the fiscal year shall be retained by the board for disbursement during the fiscal year for the purposes enumerated in subsection 2.
Sec. 11. 1. Annually the board shall make a written report to the governor which shall include the results of an annual audit of the finances of the board.
2. A copy of such annual report shall be mailed to each registered public health sanitarian.
Sec. 12. The board shall:
1. Maintain a register of all applications for registration as a public health sanitarian which shall show:
(a) The name, age and place of residence of the applicant.
(b) The name and address of the employer of the applicant, or address of the place of business of the applicant.
(c) The date of the application.
(d) Complete information relating to the educational and experience qualifications of the applicant.
(e) The date on which the board reviewed the application, and the action taken upon the application.
(f) The serial number of the certificate of registration, if any, issued to the applicant.
(g) Such other pertinent information as the board may consider necessary.
2. Maintain a current register of all public health sanitarians in the state who have been registered in accordance with the provisions of this chapter.
Sec. 13. The board shall:
1. Keep a record of its proceedings.
κ1967 Statutes of Nevada, Page 670 (CHAPTER 212, SB 291)κ
2. Make such regulations as are necessary to enable it to carry out the provisions of this chapter.
Sec. 14. 1. Any person desiring to be registered as a public health sanitarian may make application to the board on a form prescribed and furnished by the board.
2. The board shall accept every such application which is accompanied by the required fee.
Sec. 15. The following persons shall be eligible for registration under this chapter.
1. Every person who has:
(a) Satisfactorily completed at least 45 quarter hours or 30 semester hours of academic work in the basic natural sciences at an accredited college or university;
(b) Graduated from an accredited college or university with a baccalaureate or higher degree;
(c) Been employed full time as a public health sanitarian for not less than 1 year immediately preceding the submission of his application to the board; and
(d) Passed an examination conducted by the board under the provisions of this chapter.
2. Every person who, on or before July 1, 1967, has passed a written examination certified by the American Public Health Association or an examination prepared and certified and given by an official examining agency of the State of Nevada or one of its political subdivisions qualifying him as a public health sanitarian, if such person applies for registration under this chapter on or before June 30, 1968.
3. Every person who, on or before July 1, 1967, was employed as a practicing public health sanitarian in this state, or who is a registered public health sanitarian with the National Association of Sanitarians and a resident of this state, if such person applies for registration under this chapter on or before June 30, 1968.
4. The board shall accept every such application which is accompanied by the required fee, which fee shall not be returnable.
Sec. 16. 1. Only those persons who meet the educational and experience qualifications set forth in subsection 1 of section 15 of this act shall be eligible to be examined for registration as a public health sanitarian.
2. Examinations for registration as a public health sanitarian under this chapter shall be administered in this state by the board not less than once in each calendar year at such time and in such place as the board may specify from time to time.
3. Such examination shall be a written examination certified by the American Public Health Association or equivalent examination prepared and certified by an official examining agency of the State of Nevada.
4. The examination papers shall not disclose the name of the examinee, but shall be identified by a number assigned to each examinee by the secretary of the board.
5. No person may be registered as a public health sanitarian under this chapter who fails to achieve the minimum grade on the examination specified by the board. Any applicant who fails to achieve such minimum grade in his first examination may be reexamined at any time and place designated by the board for the administration of such examination upon resubmission of his application accompanied by the required fee.
κ1967 Statutes of Nevada, Page 671 (CHAPTER 212, SB 291)κ
designated by the board for the administration of such examination upon resubmission of his application accompanied by the required fee.
6. All examination papers and the records pertaining to such papers shall be filed with the secretary of the board and retained for at least 1 year.
Sec. 17. 1. The board shall prescribe and furnish an application form for the use of all persons desiring to be registered under the provisions of this chapter.
2. Every applicant for registration as a public health sanitarian shall pay a fee to the board, which fee shall be set by the board, when he submits his application.
3. The board may charge an additional fee to cover the cost of administering the examination when the board considers such additional fee necessary.
Sec. 18. 1. The board shall issue a numbered certificate of registration to each applicant who has been found qualified by the board to act as a public health sanitarian, and shall affix its official seal to each such certificate.
2. Any public health sanitarian registered under the provisions of this chapter may renew his certificate of registration by paying the board an annual renewal fee set by the board.
3. Such fee shall be payable on or before the date fixed by the board for the issuance of renewal certificates for the current year.
4. All certificates of registration of public health sanitarians shall expire on such renewal date unless renewed prior to such date.
5. Any public health sanitarian whose registration has expired for failure to pay the renewal fee may be reinstated pursuant to rules and regulations adopted by the board.
Sec. 19. 1. The board may, after notice and hearing, suspend or revoke a certificate of registration issued under this chapter if the holder of such certificate is found guilty of:
(a) Unprofessional conduct.
(b) The practice of fraud or deceit in having obtained a certificate of registration.
(c) Dereliction of duty.
(d) Incompetence in the practice of public health sanitation.
(e) Any other conduct considered by the board to constitute sufficient cause for the suspension or revocation of a certificate of registration.
2. The board shall give such certificate holder written notice of the hearing not less than 10 days prior to the date of the hearing. Such notice shall specify the time and place of the hearing, and shall be accompanied by a copy of the charges against the certificate holder.
3. Any certificate holder so charged may be represented by legal counsel at the hearing, and may present evidence in his defense.
4. Every order of the board suspending or revoking a certificate of registration issued under this chapter shall be predicated upon findings based on the record of the hearing.
5. Any such order of the board may be reviewed by a court only for the purpose of ascertaining whether the board abused its discretion or exceeded its jurisdiction in having made such order.
Sec. 20. The board may, pursuant to such appropriate rules and regulations as it may prescribe, enter into a reciprocal agreement with any state having provisions for the registration of public health sanitarians equivalent to the provisions of this chapter.
κ1967 Statutes of Nevada, Page 672 (CHAPTER 212, SB 291)κ
regulations as it may prescribe, enter into a reciprocal agreement with any state having provisions for the registration of public health sanitarians equivalent to the provisions of this chapter.
Sec. 21. Only a person who has qualified as a registered public health sanitarian and who holds a valid and subsisting certificate of registration issued under this chapter may use the title Registered Public Health Sanitarian or the abbreviation R.P.H.S. after his name.
Sec. 22. Every person who represents himself as a registered public health sanitarian and who is not registered under the provisions of this chapter and the holder of a valid and subsisting certificate of registration issued by the board is guilty of a misdemeanor.
________
Assembly Bill No. 54Committee on State, County and City Affairs
CHAPTER 213
AN ACT to amend chapter 350 of NRS, relating to borrowing by and securities of political subdivisions of the State of Nevada, by amending the Water and Sewer Revenue Bond Law by the addition of new sections relating to water supply, water acquisition, treatment and distribution facilities, sewage, sanitary sewer collection and disposal facilities, storm waters, storm water collection and disposal facilities, and other properties pertaining thereto, bonds and other securities incurred therefor or otherwise relating thereto, revenues derived from the operation thereof, and other moneys relating 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 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Water and Sewer Revenue Bond Law, cited as NRS 350.350 to 350.490, inclusive, is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. In supplementation of the provisions of subsection 3 or NRS 350.370 and elsewhere in this Water and Sewer Revenue Bond Law, any municipality at any time and under any circumstances:
1. May prescribe, revise and collect minimum charges, connection charges, charges for availability of service, legal and other expenses of the collection of delinquencies and penalties appertaining thereto;
2. May enforce the collection of any delinquencies by civil action or by any other means then provided by law; and
3. May otherwise prescribe, revise and collect in advance or otherwise from any owner or occupant of real property served directly or indirectly by any undertaking, or otherwise, rates, fees, tolls and charges for the services, facilities or commodities furnished by the undertaking, or any combination thereof, as the governing body may determine from time to time.
Sec. 3. Subject to any pledges and other contractual limitations appertaining to revenues derived from the operation of any undertaking of a municipality, such revenues may be used from time to time for the following purposes, or any combination thereof, and in such priority, as the governing body may determine:
κ1967 Statutes of Nevada, Page 673 (CHAPTER 213, AB 54)κ
of a municipality, such revenues may be used from time to time for the following purposes, or any combination thereof, and in such priority, as the governing body may determine:
1. For the payment of operation and maintenance expenses of any undertaking:
2. For the payment of the costs of extensions of and improvements to any undertaking, including without limitation extraordinary repairs and replacements not constituting maintenance expenses;
3. For the payment of any other costs of constructing, otherwise acquiring, operating, maintaining, extending and improving any properties appertaining to water supply, water acquisition, treatment and distribution facilities, sewage, sanitary sewer collection and disposal facilities, storm waters, and storm water collection and disposal facilities, and incidental costs relating thereto, and the payment of any outstanding bonds and any other outstanding securities issued for any one, all or any combination of such purposes by the municipality pursuant to this Water and Sewer Revenue Bond Law or to any other law, and constituting general obligations, special obligations, or otherwise, and regardless of whether such payment is secured solely, additionally, or at all by a pledge of such revenues, as to the principal of, any interest on, and any prior redemption premiums due in connection with, such bonds and other securities, and any paying agent charges and other incidental expenses appertaining thereto, including without limitation any costs of issuing such securities, as the same become due;
4. For the accumulation of reserves for any one, all or any combination of the purposes stated above in this section, and
5. For the payment of any other expenses of the municipality, regardless of whether or not they appertain to an undertaking.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 105Committee on Public Health and Public Morals
CHAPTER 214
AN ACT to amend NRS 463.270, 463.370, 463.380 and 463.400, relating to gambling license fees and penalties, by clarifying certain terminology.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding calendar quarter upon proper application for renewal and payment of state license fees as required by law and the regulations of the commission.
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and the 1st day of each calendar quarter thereafter.
κ1967 Statutes of Nevada, Page 674 (CHAPTER 214, AB 105)κ
1st day of each January and the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the commission and all state license fees required by law shall be paid to the commission on or before the 25th day of January of each year and on or before the 25th day of the first month of each calendar quarter thereafter.
4. Application for renewal of licenses for slot machines only shall be made by the licensee-owner of the slot machines on behalf of himself and the operators of the locations where such machines are situated. The licensee-owner shall pay the license fee required by NRS 463.370, which license fee shall be based upon his share of the entire gross revenue derived from all slot machines at locations for which the licensee-owner is licensed, and he shall also collect the location operators license fee from the location operator and pay the same to the commission if the gross revenue is shared with such location operator, but in computing the license fee payable by the licensee-operator pursuant to NRS 463.370 the gross revenue derived by the location operator shall not be combined with the gross revenue derived by the licensee-owner.
5. Any person failing to pay any state license fees due at the times hereinabove provided shall pay in addition to such license fees a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000, which penalty shall be collected as are other charges, [licenses] license fees and penalties under this chapter.
6. Any person failing to pay any state license fees due at the times provided for in this section shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, [licenses] license fees and penalties under this chapter.
7. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
8. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 2. NRS 463.370 is hereby amended to read as follows:
463.370 1. Before issuing a state gaming license, the commission shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
κ1967 Statutes of Nevada, Page 675 (CHAPTER 214, AB 105)κ
Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $1,000,000 per quarter year.
2. No state gaming license shall be issued to any applicant, except a provisional license as provided in this chapter, until the license fee has been paid in full.
3. When a licensee is operating under a provisional license, the payment of the fee due for the first quarter of operation based on the gross revenue derived from gambling pursuant to this section shall be accompanied by the payment of a fee in like amount, which shall be a deposit and shall be applied to the actual fee due for the final quarter of operation.
4. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition to such license fee a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000, which penalty shall be collected as are other charges, [licenses] license fees and penalties under this chapter.
5. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, [licenses] license fees and penalties under this chapter.
Sec. 3. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to the state gaming license fees provided for in NRS 463.370, the commission shall, prior to the 10th day of January of every year, before issuing a state gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
κ1967 Statutes of Nevada, Page 676 (CHAPTER 214, AB 105)κ
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under NRS 465.010, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar year beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
7. Any person failing to pay the license fee provided for in this section when such license fee is due shall pay in addition to such license fee a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $800, which penalty shall be collected as are other charges, [licenses] license fees and penalties under this chapter.
8. Any person failing to pay the license fee provided for in this section when due shall pay in addition thereto an interest assessment of 7 percent per annum on the gross amount due. Such assessment shall be in addition to any penalty or other charges and shall be collected as are other charges, [licenses] license fees and penalties under this chapter.
Sec. 4. NRS 463.400 is hereby amended to read as follows:
463.400 Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370 to 463.390, inclusive, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games or slot machines into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due shall in addition to the amount due be liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over, which penalty shall be assessed and collected in the same manner as are other charges, [licenses] license fees and penalties under this chapter.
κ1967 Statutes of Nevada, Page 677 (CHAPTER 214, AB 105)κ
penalty of the amount of the license fee evaded or not paid, collected or paid over, which penalty shall be assessed and collected in the same manner as are other charges, [licenses] license fees and penalties under this chapter.
Sec. 5. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Assembly Bill No. 204Washoe and Storey Counties Delegation
CHAPTER 215
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and last amended by chapter 83, Statutes of Nevada 1951, at page 97, is hereby amended to read as follows:
Section 1. There shall be a civil service commission of the city of Reno, Nevada. [The present numbers of the civil service commission appointed pursuant to the provisions of chapter 103, Statutes of Nevada, 1947, approved March 26, 1947, shall serve until the expiration of their respective terms of office.] Said civil service commission shall consist of [three] five citizens, not more than [two] three of whom shall at any time belong to the same political party. The term of office of each of the members of said commission shall be three years from the second Monday in July until his successor is appointed and qualified. Every person appointed a member of said commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of the state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of such commission, and no person shall continue as a member of such commission, unless he shall be a resident and taxpayer of the city of Reno, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the said civil service commission from whatever cause shall be filled by appointment by the mayor, subject to confirmation by the council. The council shall provide for such employees as shall be necessary to enable the civil service commission to properly carry out the duties prescribed herein. Each member of the civil service commission shall receive as compensation for his services the sum of ten dollars for each full meeting attended by him.
Sec. 2. Section 7 of article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and amended by chapter 148, Statutes of Nevada 1949, at page 314, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 678 (CHAPTER 215, AB 204)κ
of Nevada 1943, and amended by chapter 148, Statutes of Nevada 1949, at page 314, is hereby amended to read as follows:
Section 7. Whenever there shall be created by city ordinance new positions within any department subject to the provisions of this article or whenever vacancies shall occur within any such department, a list of not less than three qualified applicants [,] from the current entrance examination eligibility list of that department, when that number is available, shall be submitted by the civil service commission to the head of the appropriate department. Thereafter the head or chief of such department shall appoint the applicant deemed by him to be most suitable. All such appointments shall be subject to confirmation of the city council after successful completion of the probationary period as in this article provided.
Sec. 3. The above-entitled act, being chapter 102, Statutes of Nevada 1903, at page 184, is hereby amended by adding thereto a new section to be designated as section 7.5 of article XX, which shall immediately follow section 7 of article XX and shall read as follows:
Section 7.5. 1. All appointments and promotions of personnel for any position, after their original confirmation, shall be determined by competitive examination. At the conclusion of such examination, a list of the results shall be certified and posted by the commission secretary in all divisions of the department concerned. If one appointment or promotion is to be made, it shall be made from among the top three examinees, and if two appointments or promotions are to be made, they shall be made from among the top four examinees.
2. If a person, who has otherwise qualified for appointment or promotion has been passed over more than once, the department head or appointing authority shall appear before the commission in closed hearing and explain to the satisfaction of the commission the reasons for his action or such person shall receive the next appointment or promotion from that list.
3. If there are fewer than three names on any current promotion eligibility list, selection need not be made from that list, and the department head may request a new examination. The names from the prior eligibility list shall be placed at the top of the new list, but if any person named on the prior list chooses to take the new examination his name shall appear on the new eligibility list in final grade order. The names placed at the top of the new list shall be removed at the time the prior list expires.
4. Eligible lists shall remain in effect for 1 year from date of certification and may be extended by the civil service commission at the request of the department head for an additional period, not to exceed 12 months. All examinations shall be given under the control of the commission.
Sec. 4. Section 8 of article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and last amended by chapter 83, Statutes of Nevada 1951, at page 97, is hereby amended to read as follows:
Section 8. All employees of the city of Reno who have been confirmed in their present positions by the city council and all persons hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period as hereinafter provided shall hold their respective positions and employment at the pleasure of the city manager, subject to hearing as in this article provided.
κ1967 Statutes of Nevada, Page 679 (CHAPTER 215, AB 204)κ
by the city council after successfully serving the probationary period as hereinafter provided shall hold their respective positions and employment at the pleasure of the city manager, subject to hearing as in this article provided. [All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion; provided, however, that the] The provisions of this article shall not apply to persons employed on a temporary basis and for periods not contemplated to exceed six months during any calendar year.
Sec. 5. Section 11 of article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 22, Statutes of Nevada 1943, and last amended by chapter 287, Statutes of Nevada 1957, at page 393, is hereby amended to read as follows:
Section 11. The city manager may suspend for a period not exceeding 30 days [or] , give extra duty, discharge or demote any employee of the city within the provisions of this article for the betterment of the service or for other justifiable cause, but if he does so, he shall immediately report the same to the secretary of the commission and at the same time deliver to the commission a copy of the complaint setting forth the reason for such discharge, assignment of extra duty, suspension or demotion and the name of the complainant, if other than the city manager. Within ten (10) days after such discharge, assignment of extra duty, suspension or demotion, the employee so discharged, assigned extra duty, suspended or demoted may appeal to the commission by filing with the secretary thereof a notice of appeal in the following or similar form: To the Civil Service Commission of Reno, Nevada: Please take notice that I appeal from the order of the city manager of the City of Reno, dated ..............., 19 ....., demoting (discharging, assigning extra duty to or suspending) me. The notice of appeal shall be signed by the employee demoted, assigned extra duty, discharged or suspended and shall clearly state the name and the address of such employee.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 272Mrs. Tyson
CHAPTER 216
AN ACT removing the director of the state department of conservation and natural resources as a member of the Colorado River commission; to amend various NRS sections to reflect the directors removal; and providing other matters properly relating thereto.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.050 is hereby amended to read as follows:
538.050 A commission is hereby created, to be known as the Colorado River commission of Nevada, consisting of five commissioners [:
κ1967 Statutes of Nevada, Page 680 (CHAPTER 216, AB 272)κ
The director of the state department of conservation and natural resources, and four commissioners] to be appointed by the governor.
Sec. 2. NRS 538.060 is hereby amended to read as follows:
538.060 1. Each [appointed] commissioner shall have the following qualifications:
(a) He shall be a citizen of the State of Nevada and a resident therein for at least 5 years.
(b) He shall have a general knowledge of the development of the Colorado River and its tributaries within the State of Nevada.
(c) He shall have general knowledge of the rights of the State of Nevada insofar as the same pertain to the waters of the Colorado River allocated or allotted to or contracted by the State of Nevada, and insofar as the same pertain to the acquisition and distribution of the electrical power belonging or allotted to or contracted by the State of Nevada and generated at Hoover Dam and other hydroelectric power facilities on the Colorado River.
2. Not more than three commissioners shall be of the same major political affiliation.
Sec. 3. NRS 538.070 is hereby amended to read as follows:
538.070 [Within 30 days after March 20, 1935, the governor shall appoint four commissioners. Two of the commissioners shall hold office for terms of 2 years, and two of the commissioners shall hold office for terms of 4 years. Thereafter appointments shall be made for terms of 4 years. All appointed commissioners shall hold office until their successors are appointed and qualified.] 1. On the effective date of this act:
(a) The four commissioners in office shall continue in office for the terms for which they were appointed; and
(b) The governor shall appoint a fifth commissioner for a term of 4 years.
2. Thereafter, except as provided in subsection 2 or NRS 538.080, appointments shall be made for terms of 4 years.
3. All commissioners shall hold office until their successors are appointed and qualified.
Sec. 4. NRS 538.100 is hereby amended to read as follows:
538.100 1. Each commissioner [, except the director of the state department of conservation and natural resources,] shall receive as compensation $25 for each day actually employed on the work of the commission. Each commissioner and employee of the commission shall be allowed the per diem expense allowance and travel expenses as provided by law.
2. The secretary shall certify all bills and claims for per diem expense allowances and travel expenses of the commissioners and employees, and shall file the same with the state board of examiners for its action. Such bills and claims shall be paid from the Colorado River commission fund.
Sec. 5. NRS 538.110 is hereby amended to read as follows:
538.110 [1. Within a reasonable time after the appointment of the commissioners, the commission shall meet upon the call of the director of the state department of conservation and natural resources and effect an organization.
2.] At the first meeting of the commission [in 1966, and at the first meeting of the commission] in each calendar year, [thereafter,] the commission shall select officers for the ensuing calendar year consisting of a chairman, vice chairman and secretary.
κ1967 Statutes of Nevada, Page 681 (CHAPTER 216, AB 272)κ
meeting of the commission] in each calendar year, [thereafter,] the commission shall select officers for the ensuing calendar year consisting of a chairman, vice chairman and secretary. The secretary may or may not be a member of the commission, and his compensation shall be fixed by the commission.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 309Committee on State, County and City Affairs
CHAPTER 217
AN ACT relating to urban renewal; to authorize a local government body to rescind an election to have its urban renewal powers exercised by a separate agency; and providing other matters properly relating thereto.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 279.360 is hereby amended to read as follows:
279.360 1. A municipality may itself exercise its urban renewal project powers, as set forth in subsection 2, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency, created by NRS 279.370, or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal project powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban renewal project powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.
2. A local governing body which has elected to have its urban renewal powers exercised by the urban renewal agency or by the housing authority, if any, may at any time, by resolution, rescind such election. A rescission pursuant to this subsection does not affect any contract or other obligation incurred by the separate agency while exercising the powers vested by such election.
3. As used in this section, the term urban renewal project powers shall include the rights, powers, functions and duties of a municipality under NRS 279.010 to 279.380, inclusive, except the following powers:
(a) To determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearings required with respect thereto.
(b) To approve urban renewal plans and modifications thereof.
(c) To establish a general plan for the locality as a whole.
κ1967 Statutes of Nevada, Page 682 (CHAPTER 217, AB 309)κ
(d) To formulate a workable program under NRS 279.250.
(e) To make the determinations and findings provided for in NRS 279.240 and 279.260, and subsection 4 of NRS 279.270.
(f) To issue general obligation bonds.
(g) To appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in subsection 8 of NRS 279.280.
Sec. 2. NRS 279.370 is hereby amended to read as follows:
279.370 1. There is hereby created in each municipality a public body corporate and politic to be known as the urban renewal agency of the municipality. Such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the findings prescribed in NRS 279.260 and has elected to have the urban renewal project powers exercised by an urban renewal agency as provided in NRS 279.360. If such an election is rescinded, the agency shall exercise no powers and transact no business after the effective date of the rescission.
2. If the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency which shall consist of five commissioners. The term of office of each such commissioner shall be 1 year. If the authority of the agency is terminated, as provided in subsection 1, the term of office of each commissioner shall expire on the date of such termination.
3. A commissioner shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
4. The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency, which shall be conterminous with the area of operation of the municipality, and are otherwise eligible for such appointments under NRS 279.010 to 279.380, inclusive.
5. The major shall designate a chairman and vice chairman from among the commissioners. An agency may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under NRS 279.010 to 279.380, inclusive, shall file with the local governing body, on or before March 31 of each year, a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of such calendar year.
κ1967 Statutes of Nevada, Page 683 (CHAPTER 217, AB 309)κ
March 31 of each year, a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expense as of the end of such calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the city clerk or county clerk, as appropriate, and in the office of the agency.
6. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard in person or by counsel.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 379Messrs. Mello, Howard, Viani, May, Ashworth, Homer and Smith
CHAPTER 218
AN ACT directing the issuance of special fishing permits for patients in the Nevada state hospital by the state board of fish and game commissioners; providing penalties; and providing other matters properly relating thereto.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding any other provision of this Title, annually upon the payment of the fee prescribed by subsection 3, the commission shall issue to the superintendent and medical director of the Nevada state hospital not to exceed 30 special fishing permit badges for use only by patients in the Nevada state hospital.
2. Such permit badges shall:
(a) During the time a patient is fishing, be worn conspicuously on the front of his outer garment.
(b) Authorize a patient to fish during the open season if in the company of an employee of the Nevada state hospital.
(c) Be issued pursuant and subject to regulations prescribed by the commission.
(d) Contain the initials NSH and the number of the permit printed on the face of the permit badge.
3. The superintendent and medical director of the Nevada state hospital shall pay, from the state hospital gift fund, an annual fee of $1 for each permit badge issued by the commission pursuant to this section.
4. It is unlawful for any person other than a patient in the Nevada state hospital to wear a permit badge issued by the commission pursuant to this section.
________
κ1967 Statutes of Nevada, Page 684κ
Senate Bill No. 130Committee on Commerce
CHAPTER 219
AN ACT to amend NRS 659.020 and 660.010, relating to the organization of banks and the establishment of branches, by increasing the required minimum capital and abolishing the specification of an amount of additional capital required for each branch.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 659.020 is hereby amended to read as follows:
659.020 1. The articles of incorporation shall contain:
(a) The corporate name adopted by the corporation, which shall be such as to distinguish it from any other banking corporation formed or incorporated in this state, or engaged in the banking business in this state.
(b) The place where its business is to be conducted.
(c) The purpose for which it is formed.
(d) The amount of its capital stock, which shall be divided into shares of the par value of not less than $25 each except that upon the written approval of the superintendent of banks the capital stock may be divided into shares of the par value of not less than $1 each. The amount of capital stock shall not be less than [$50,000,] $250,000, and shall be assessable. [The superintendent of banks may, if he deems it necessary, require capital in excess of $50,000.]
(e) The amount of its original paid-in surplus, which shall not be less than 20 percent of its capital stock.
(f) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(g) The number of directors, which shall not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom shall be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated. A majority of directors shall be residents of the State of Nevada.
(h) The length of time the corporation is to exist, which shall not exceed 50 years.
(i) The location of all branch offices.
(j) Such other matters, not inconsistent with law, as the incorporators may deem proper.
2. The articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as shall be fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the provisions of this Title.
Sec. 2. NRS 660.010 is hereby amended to read as follows:
660.010 1. Banks organized under this Title may maintain branch offices, but the location of the principal office and the parent bank shall be within the State of Nevada, and the location of all branch offices shall be fixed in the articles of incorporation.
2. Additional branches may be from time to time established by the board of directors with the written consent of the superintendent of banks.
κ1967 Statutes of Nevada, Page 685 (CHAPTER 219, SB 130)κ
[3. Banks which shall have not more than one branch within the county wherein is located the principal office and the parent bank shall have a paid-up capital and surplus of at least $60,000, and for every additional branch within such county and for every branch of any bank, which branch is located in any county of the state other than that in which the principal office and parent bank is located, there shall be required at least $25,000 of capital and surplus in addition to the minimum requirements of NRS 659.020.]
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 147Senators Alleman, Herr, Fisher and Hug
CHAPTER 220
AN ACT to amend NRS 617.440, relating to requirements necessary to constitute occupational diseases arising in the course of employment, by shortening a time limit on the contraction of diseases resulting from exposure to certain radioactive materials.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.440 is hereby amended to read as follows:
617.440 1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of employment:
(a) Only when the disease was contracted within 12 months previous to the date of disablement, except in cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, in which cases the poisoning or illness resulting in disability must have been contracted in the State of Nevada. [within 4 years prior to the date on which such disability occurred.]
(b) If there is a direct casual connection between the conditions under which the work is performed and the occupational disease;
(c) Which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;
(d) Which can be fairly traced to the employment as the proximate cause; and
(e) Which does not come from a hazard to which workmen would have been equally exposed outside of the employment.
2. The disease must be incidental to the character of the business and not independent of the relation of employer and employee.
3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.
________
κ1967 Statutes of Nevada, Page 686κ
Senate Bill No. 148Senators Alleman, Herr, Fisher and Hug
CHAPTER 221
AN ACT to amend NRS 616.615, relating to death benefits payable under the Nevada Industrial Insurance Act, by increasing the amount of wages to be taken into consideration in computing such benefits.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.615 is hereby amended to read as follows:
616.615 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed $650. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.
2. Widow without children. To the widow, if there is no child, 50 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower without children. To the widower, if there is no child, 40 percent of the average monthly wage of the deceased employee, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. Widow or widower with children.
(a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.
(b) In case of the subsequent death of the surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to the surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he or they shall reach the age of 18 years; but the total amount payable shall in no case exceed 80 percent of such wage.
(c) If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to the guardian.
(d) The compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.
5. Surviving children but no surviving wife or dependent husband.
κ1967 Statutes of Nevada, Page 687 (CHAPTER 221, SB 148)κ
If there be a surviving child or children of the deceased employee under the age of 18 years, but no surviving wife (or dependent husband), then for the support of each child until he reaches the age of 18 years, 30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.
6. Dependent parents, brothers and sisters. If there be no surviving wife (or dependent husband) or child under the age of 18 years, there shall be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 50 percent of the average monthly wage of the deceased employee during dependency.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 80 percent of the average monthly wage of the deceased employee during dependency.
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.
10. Excess of wage not considered in computing death benefit. Any excess of wages over [$265] $305 a month shall not be taken into account in computing compensation for death benefits.
11. Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
κ1967 Statutes of Nevada, Page 688 (CHAPTER 221, SB 148)κ
12. Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $500 shall be paid.
________
Senate Bill No. 149Senators Alleman, Herr, Fisher and Hug
CHAPTER 222
AN ACT to amend NRS 616.590, 616.605 and 616.620, relating to permanent partial disability and lump sum compensation benefits under the Nevada Industrial Insurance Act, by increasing such benefits.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.590 is hereby amended to read as follows:
616.590 In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$120] $180 per month, shall be paid for the period named in the following schedule:
Arms.
Amputation at shoulder or between shoulder and elbow, major arm .................................................................................................... 60 months
Amputation at shoulder or between shoulder and elbow, minor arm .................................................................................................... 50 months
Amputation at elbow, major arm.................................................. 56 2/3 months
Amputation at elbow, minor arm.................................................. 46 2/3 months
Amputation between elbow and wrist joint, major arm............ 53 1/3 months
Amputation between elbow and wrist joint, minor arm............ 43 1/3 months
The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.
For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.
Eyes and loss of sight.
For the loss of an eye by enucleation......................................... 50 months
For the permanent and complete loss of sight in one eye without enucleation............................................................................... 40 months For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.
κ1967 Statutes of Nevada, Page 689 (CHAPTER 222, SB 149)κ
For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.
Feet.
For the loss of a foot..................................................................... 40 months
The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.
For the partial loss of a foot, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.
Fingers and thumbs.
For the loss of a thumb................................................................. 15 months
For the loss of one-half of the distal phalange of a thumb...... 4 months
For the loss of a first finger, commonly called the index finger .................................................................................................... 9 months
For the loss of one-half of the distal phalange of a first finger .................................................................................................... 2 1/2 months
For the loss of a second finger.................................................... 7 months
For the loss of one-half of a distal phalange of a second finger .................................................................................................... 1 1/2 months
For the loss of a third finger......................................................... 5 months
For the loss of a fourth finger, commonly called the little finger .................................................................................................... 4 months
The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.
The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.
The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.
κ1967 Statutes of Nevada, Page 690 (CHAPTER 222, SB 149)κ
For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the total loss of use of a finger or thumb.
Hands.
Amputation of major hand at wrist.............................................. 50 months
Amputation of minor hand at wrist............................................. 40 months
The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.
For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss of use of a hand.
Head and facial disfigurement.
For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.
Hearing.
For permanent and complete loss of hearing in both ears....... 60 months
For permanent and complete loss of hearing in one ear.......... 20 months
For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.
Legs.
For the loss of a leg....................................................................... 50 months
The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.
For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a leg, which the partial loss of use thereof bears to the total loss of use of a leg.
κ1967 Statutes of Nevada, Page 691 (CHAPTER 222, SB 149)κ
Toes.
For the loss of a great toe............................................................. 7 months
For the loss of one of the other toes, other than the great toes .................................................................................................... 2 1/2 months
The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.
The loss of more than one phalange shall be considered as the loss of the entire toe.
The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.
For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.
Sec. 2. NRS 616.605 is hereby amended to read as follows:
616.605 1. In all cases of permanent partial disability not otherwise specified in NRS 616.590, 616.595 and 616.600, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of 1 month shall represent a 1-percent disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$120] $180 per month, shall be paid for the period so determined.
2. In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.
3. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
4. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
Sec. 3. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by subsection 11 of NRS 616.615, the commission may, in its discretion, allow the conversion of the compensation provided for in this chapter into a lump sum payment not to exceed [$12,000,] $18,000, under such rules and regulations and system of computation as the commission may deem proper, except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.
κ1967 Statutes of Nevada, Page 692 (CHAPTER 222, SB 149)κ
such sum shall be computed and paid without discount for present worth or deduction of other penalties.
________
Senate Bill No. 150Senators Alleman, Herr, Fisher and Hug
CHAPTER 223
AN ACT to amend NRS 617.430, relating to compensation for disability or death due to occupational diseases, by eliminating the provision for waiver of compensation by certain employees affected by silicosis.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.430 is hereby amended to read as follows:
617.430 1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapter 616 or NRS, of an employee whose death is caused by an occupational disease, shall, on and after July 1, 1947, be entitled to the compensation provided by chapter 616 for temporary disability, permanent total disability, or death, as the facts may warrant, subject to the modifications mentioned in this chapter.
2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person shall be entitled to such compensation unless for 90 days next preceding the contraction of such occupational disease the employee has been:
(a) A resident of the State of Nevada; or
(b) Employed by an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee.
[3. Where an employee, though not actually disabled, is found to be affected by silicosis, he may, subject to the approval of the commission and its medical adviser, be permitted to waive in writing full compensation for an aggravation of his condition that may result from his continuing in his hazardous occupation. Notwithstanding the foregoing, no waiver shall be permitted in the case of an employee who has been exposed to harmful quantities of silicon dioxide dust for a period of not less than 4 years in employment in Nevada. In the event of total disablement or death as a result of the disease with which the employee was so affected, after such a waiver, compensation shall nevertheless be payable as elsewhere provided in this chapter, but in no case, whether for disability or death or both, shall the compensation exceed 50 percent of the amount that would have been paid had an employee not been previously affected. A waiver so permitted shall remain effective for the trade, occupation, process or employment for which executed, notwithstanding a change or changes of employer.
4. The commission shall make reasonable rules and regulations relative to the forms, execution, filing or registration and public inspection of waivers or records thereof.]
________
κ1967 Statutes of Nevada, Page 693κ
Senate Bill No. 249Committee on Judiciary
CHAPTER 224
AN ACT to amend chapter 13 of NRS, relating to the place of trial of civil actions, by permitting the transfer of cases for trial to other counties within the judicial district when the action is uncontested or when the parties so stipulate.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 13 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any civil action where the complaint or petition is uncontested, or where the parties so stipulate, the court in the county where the action is brought may, upon application of the parties, or of the complainant or petitioner if the action is uncontested and all required notices have been given, transfer the action for trial to another county within the same judicial district.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 252Senator Herr
CHAPTER 225
AN ACT to amend NRS 609.060, relating to probationary periods in the employment of females, by providing that the probationary period of 3 months need not be consecutive.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.060 is hereby amended to read as follows:
609.060 1. During a probationary period of not to exceed 3 [consecutive] months, which need not be consecutive, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide a wage of $1.10 per hour or $8.80 or more for 1 day of 8 hours or less, or $52.80 or more for 1 week of 48 hours or less, for females under the age of 18 years, and a wage of $1.25 per hour, or $10 or more for 1 day of 8 hours or less, or $60 or more for 1 week of 48 hours or less, for females 18 years of age or older, shall not apply; but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees under the age of 18 years not less than $7 for 1 day of not more than 8 hours, or $42 for 1 week of 6 days of not more than 8 hours each, and shall pay to such female employees 18 years of age or older not less than $8 for 1 day of not more than 8 hours, or $48 for 1 week of 6 days of not more than 8 hours each.
κ1967 Statutes of Nevada, Page 694 (CHAPTER 225, SB 252)κ
8 hours each. All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.
2. At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during the probationary period.
3. If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.
4. The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 275Senator Swobe
CHAPTER 226
AN ACT relating to corporate requirements of banks and trust companies; providing that stockholders meetings shall be held annually no later than March 31.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 661.120 is hereby amended to read as follows:
661.120 The affairs and business of any banking corporation organized under the laws of this state shall be managed, or controlled, by a board of directors, of not less than five in number, who shall be selected from the stockholders [in January] at the first annual meeting of stockholders, to be held no later than March 31 of each year, and in such manner as may be provided by the bylaws of the corporation.
κ1967 Statutes of Nevada, Page 695 (CHAPTER 226, SB 275)κ
from the stockholders [in January] at the first annual meeting of stockholders, to be held no later than March 31 of each year, and in such manner as may be provided by the bylaws of the corporation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 330Committee on Commerce
CHAPTER 227
AN ACT to amend NRS 689.030, relating to the licensing of burial societies, by requiring that the commissioner of insurance charge a fee upon issuance and renewal of such licenses.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 689.030 is hereby amended to read as follows:
689.030 1. No person, firm, corporation or company shall transact the business of issuing burial contracts or burial certificates in this state without procuring a license so to do from the commissioner.
2. Every license shall expire on March 1 after its issuance, unless sooner revoked.
3. No license shall be granted or renewed to any person, firm, corporation or company in arrears to the state or to any county, city or town in the state for fees, licenses, taxes, assessments, fines or penalties accrued on business previously transacted in the state, or while such person, firm, corporation or company is otherwise in fault for failure to comply with any of the laws of this state regarding governmental control of such person, firm, corporation or company by the state.
4. For each such license or renewal the commissioner shall charge a fee of $10.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 162Committee on Agriculture, Irrigation and Livestock
CHAPTER 228
AN ACT to amend NRS 561.225, relating to the appointment, compensation and powers of arrest of personnel of the state department of agriculture, by clarifying the powers of field agents and inspectors; and providing other matters properly relating thereto.
[Approved March 30, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 561.225 is hereby amended to read as follows:
561.225 1. The executive director shall appoint, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
κ1967 Statutes of Nevada, Page 696 (CHAPTER 228, AB 162)κ
may require. [At the discretion of the executive director, livestock inspectors and detectives and brand inspectors shall have the same power to make arrests as any other peace officers for violations of laws administered by the department.]
2. The executive director may designate such department personnel as are required to be field agents and inspectors in the enforcement of the provisions of Titles 49 and 50 of NRS, and while so serving such person or persons shall have the powers of peace officers to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop the movement of livestock and carcasses for purposes of inspection. Nothing in this subsection shall be construed to authorize any department personnel so designated by the executive director to retire from the public employees retirement system prior to having attained the minimum service retirement age of 60 years.
3. Officers and employees of the department shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 324Committee on Federal, State and Local Governments
CHAPTER 229
AN ACT to amend NRS 278.480, relating to the abandonment or vacation of streets, by providing that the governing body may make the order of abandonment or vacation conditional.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.480 is hereby amended to read as follows:
278.480 1. Any person, firm or corporation desiring the vacation or abandonment of any street or portion thereof shall file a petition in writing, signed by not less than three freeholders owning lands within the area affected by the proposed vacation and abandonment, with the governing body having jurisdiction.
2. If there be a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.
3. Whenever any streets are proposed to be vacated, the governing body shall cause the streets to be posted with a notice setting forth the extent of the proposed abandonment and setting a date for public hearing, which date shall be not less than 30 days and not more than 40 days subsequent to the date of posting of the street.
4. If, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street to be vacated. The governing body may make such order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.
κ1967 Statutes of Nevada, Page 697 (CHAPTER 229, SB 324)κ
5. The order shall be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon such recordation title to the street shall revert to the abutting property owners.
6. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 131Committee on Commerce
CHAPTER 230
AN ACT to amend NRS 662.010, relating to the rights and powers of banking corporations, by deleting the statutory formula prescribing depreciation rates on real and personal property of banks and empowering the superintendent of banks to prescribe depreciation rates on such property.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 662.010 is hereby amended to read as follows:
662.010 1. All banking corporations organized under the provisions of this Title shall be permitted:
(a) To receive money on deposit.
(b) To buy and sell exchange, gold, silver, coin, bullion, noncurrent money and bonds.
(c) To loan money on chattel and personal security or on real property secured by mortgage.
(d) To own a suitable building, furniture and fixtures for the transaction of its business, the value of which may be carried on the books of the bank at cost, but not in an amount exceeding 60 percent of the capital and surplus, fully paid, of the bank.
2. With the consent in writing of the superintendent of banks, the banking premises and buildings may be carried on the books of the bank in an amount not to exceed the amount of the capital stock, fully paid, of the bank.
3. The value of the banking premises and buildings shall be depreciated annually at [a rate of not less than 5 percent per annum, until the value of the premises and buildings, as carried upon the books of the bank, shall not exceed a sum equal to 50 percent of the capital and surplus, fully paid, of the bank, after which the rate of depreciation shall be not less than 2.5 percent per annum until the value of the premises, as carried upon the books of the bank, shall not exceed the sum of 35 percent of the capital and surplus, fully paid, of the bank.] rates to be established by the superintendent of banks with the approval of the director of the department of commerce.
4. The asset value of furniture and fixtures shall be written down on the books of the bank at an annual rate [of 10 percent until it does not exceed the assessed value of the furniture and fixtures.] to be established by the superintendent of banks with the approval of the director of the department of commerce.
κ1967 Statutes of Nevada, Page 698 (CHAPTER 230, SB 131)κ
by the superintendent of banks with the approval of the director of the department of commerce.
5. When, in the judgment of the superintendent of banks, the true value of such building is at least equal to the value at which it is carried among the assets, and when there are other assets carried upon the books of the same bank at a value in excess of their true value, and when the earnings of such bank, for any calendar year, are insufficient for the purpose of both writing down the asset value of such building, and writing down such other assets, to the extent authorized by the superintendent of banks, then such bank may, with the written consent of the superintendent of banks, defer such writing down of such building. No bank having deferred such writing down of such building shall declare any dividend until it shall have written down such building to the same extent as if such deferment had not been authorized.
6. Nothing in this section shall prohibit such bank from holding or disposing of such real property as it may acquire through the collection of debts due it.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 418Clark County Delegation
CHAPTER 231
AN ACT relating to cooperative agreements between political subdivisions; enabling political subdivisions entering into such agreements to accept financial grants.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.045 is hereby amended to read as follows:
277.045 1. Any two or more political subdivisions of this state, including without limitation counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money.
2. Every such agreement shall be by formal resolution or ordinance of the governing body of each political subdivision included, and shall be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.
3. Each participating political subdivision shall provide in its annual budget for [the] any expense to be incurred under any such agreement [.] , the funds for which are not made available through grant, gift or other source.
Sec. 2. NRS 277.170 is hereby amended to read as follows:
277.170 Any public agency which has entered into an agreement pursuant to NRS 277.080 to 277.170, inclusive, may support the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking, to the extent that funds for such operation are not made available through grant, gift or other source, in any one or more of the following ways:
κ1967 Statutes of Nevada, Page 699 (CHAPTER 231, SB 418)κ
pursuant to NRS 277.080 to 277.170, inclusive, may support the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking, to the extent that funds for such operation are not made available through grant, gift or other source, in any one or more of the following ways:
1. By appropriating funds;
2. By selling, leasing, giving or otherwise supplying property; or
3. By providing such personnel or services as may be within its legal power to furnish.
Sec. 3. NRS 277.180 is hereby amended to read as follows:
277.180 1. Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform. Such contract shall be ratified by appropriate official action of the governing body of each party to the contract as a condition precedent to its entry into force. Such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.
2. The authorized purposes of agreements made pursuant to subsection 1 include but are not limited to:
(a) The joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.
(b) The joint use of county and city personnel, equipment and facilities, including sewer systems, drainage systems, street lighting systems, fire alarm systems, sewage disposal plants, playgrounds, parks and recreational facilities, and public buildings constructed by or under the supervision of the board of county commissioners or the city council of the county and city concerned, upon such terms and agreements, and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the counties and cities.
(c) The joint employment of clerks, stenographers and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of the joint city and county office.
(d) The joint and cooperative use of fire-fighting and fire-protection equipment for the protection of property and the prevention and suppression of fire.
(e) The joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.
3. Each public agency which has entered into an agreement pursuant to this section shall annually at the time of preparing its budget include an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget.
κ1967 Statutes of Nevada, Page 700 (CHAPTER 231, SB 418)κ
an estimate of the expenses necessary to carry out such agreement, the funds for which are not made available through grant, gift or other source, and provide for such expense as other items are provided in its budget. Each such public agency may furnish property, personnel or services as necessary to carry out the agreement.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 421Senator Titlow
CHAPTER 232
AN ACT to amend NRS 361.510 to 361.520, inclusive, relating to blank receipts for taxes on movable personal property, by providing that boards of county commissioners shall prepare blank tax receipts; to repeal NRS 227.220, relating to the furnishing of forms by the state controller; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.510 is hereby amended to read as follows:
361.510 The [state controller] board of county commissioners of each county shall prepare suitable blank receipts to be issued by the [several] respective county assessors on the payment to them of the taxes on movable personal property. Such blank tax receipts shall [be:
1. Of the form selected by the state controller.
2. Consecutively numbered by him for each county.
3. Countersigned] be countersigned by the county auditor.
Sec. 2. NRS 361.515 is hereby amended to read as follows:
361.515 Before June 1 in each year, the [state controller] board of county commissioners of each county shall transmit to the [several] respective county auditors a sufficient number of blank tax receipts for use in each county. The county auditor, on receiving such tax receipts, shall receipt to the [state controller] board of county commissioners for the number so received, and immediately shall countersign and deliver them to the county assessor, taking his receipt for the number so delivered.
Sec. 3. NRS 361.520 is hereby amended to read as follows:
361.520 On the 1st Monday in July of each year, the county assessor shall return to the county auditor all blank receipts for taxes on movable personal property received by him and not used, and also all stubs of the receipts used. The county auditor, after comparing the stubs of the receipts used with the monthly sworn statement made by the county assessor and the original schedules of assessment of movable personal property on file in his office, immediately shall return such unused receipts and stubs to the [state controller.] board of county commissioners.
Sec. 4. NRS 227.220 is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 701κ
Senate Bill No. 427Clark County Delegation
CHAPTER 233
AN ACT relating to powers of boards of county commissioners; allowing expenditures on public recreation property when the legal title to the property has not yet vested in the county or is encumbered.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.300 is hereby amended to read as follows:
244.300 1. The county commissioners of the several counties, in addition to the powers now conferred upon them by law, are authorized and empowered to operate, manage, improve and maintain all public parks, golf courses and other public recreational centers and areas, the construction of which has either been initiated or completed, and the title to which is held by the county.
2. For the purposes of this section, title is held by the county when the county has the right to acquire a clear title by discharging a fixed encumbrance, whether created by purchase contract, mortgage or deed of trust.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 466Clark County Delegation
CHAPTER 234
AN ACT authorizing the Colorado River commission to convey by quitclaim deed without consideration two parcels of real property in Clark County, Nevada, to National Lead Company; and providing other matters properly relating thereto.
[Approved April 4, 1967]
Whereas, By deed dated January 10, 1953, the State of Nevada, acting by and through the Colorado River commission, sold and conveyed certain real property located in Clark County, Nevada, to National Lead Company, a New Jersey corporation; and
Whereas, Because of defective surveys made at the time of such sale, two minor parcels of real property were omitted from the description of the real property sold to National Lead Company; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Colorado River commission, on behalf of the State of Nevada, is authorized to convey without consideration by quitclaim deed delivered to National Lead Company, a New Jersey corporation, the following-described parcels of real property:
κ1967 Statutes of Nevada, Page 702 (CHAPTER 234, SB 466)κ
Parcel A:
That portion of the Southeast Quarter (SE 1/4) of Section 12, Township 22 South, Range 62 East, Mount Diablo Base and Meridian, County of Clark, State of Nevada, described as follows:
Beginning at the Southeast (SE) corner of said Section 12, thence North 88°59′59.5″ West a distance of 8.03 feet; thence North 08°51′37″ West a distance of 19.24 feet; thence North 81°08′23″ East a distance of 11.22 feet; thence South 00°16′00″ West a distance of 20.88 feet to the point of beginning.
Parcel B:
That portion of the Southwest Quarter (SW 1/4) of Section 7, Township 22 South, Range 63 East, Mount Diablo Base and Meridian, County of Clark, State of Nevada, described as follows:
Commencing at the Southwest (SW) corner of said Section 7, thence North 00°19′30″ East along the West line of Section 7 a distance of 90.08 feet to a point, said point being the true point of beginning, thence North 81°08′23″ East a distance of 405.23 feet; thence North 08°51′37″ West a distance of 40.00 feet; thence South 81°08′23″ West a distance of 398.78 feet; thence South 00°16′00″ West along the West line of said Section 7 a distance of 20.88 feet; thence South 00°19′30″ West along the West line of said Section 7 a distance of 19.64 feet to a point, said point being the true point of beginning.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 198Mr. Webb
CHAPTER 235
AN ACT relating to state emblems; designating the sagebrush as the official state flower and the mountain bluebird as the official state bird.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 235.050 is hereby amended to read as follows:
235.050 The shrub known as sagebrush (Artemisia tridentata or trifida) is hereby designated as the official state [emblem] flower of the State of Nevada.
Sec. 2. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The bird known as the mountain bluebird (Sialia Currucoides) is hereby designated as the official state bird of the State of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 703κ
Assembly Bill No. 277Mr. Jacobsen
CHAPTER 236
AN ACT relating to county commissioners; providing 4-year terms for commissioners in counties with a population less than 50,000; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.025 is hereby amended to read as follows:
244.025 1. County commissioners shall be elected by the qualified electors of their respective counties.
2. [At the general election of the several counties in 1870, a board of county commissioners consisting of three members shall be elected.
3. At the general election in 1870, and at every general election held every 2 years thereafter, there shall be elected in each county one commissioner to serve upon the board of county commissioners for the term of 4 years; and a term of 4 years shall be known, both in this chapter and for the purpose of the election of county commissioners, as the long term; and the other commissioner or commissioners, as the case may be, necessary to fill the board, shall, at the election, be elected to serve upon the board for the term of 2 years.
4.] At the general election held in 1968 and at the general election every 4 years thereafter, two persons shall be elected to serve on the board of county commissioners for terms of 4 years.
3. At the general election held in 1970 and at the general election held every 4 years thereafter, one person shall be elected to serve on the board of county commissioners for a term of 4 years.
4. Thereafter, at each general election, the office of county commissioner shall be filled for terms of 4 years in the order in which the terms of office expire.
5. This section shall not apply to counties having a population of 50,000 or more.
Sec. 2. NRS 244.030 is hereby amended to read as follows:
244.030 County commissioners shall enter upon their duties on the 1st Monday of January succeeding their election, and shall hold their offices for [2 or] 4 years [, as the case may be,] as provided in this chapter; and the term of office [of 2 years or 4 years, as the case may be,] shall expire at 12 p.m. of the day preceding the 1st Monday in January following a general election.
________
κ1967 Statutes of Nevada, Page 704κ
Senate Bill No. 268Committee on Transportation
CHAPTER 237
AN ACT relating to the leasing of vehicles; to classify such leases according to duration; to provide for the rights, duties, liabilities and immunities of lessor, lessee and third persons; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.460 is hereby amended to read as follows:
41.460 [If a motor vehicle is sold under a contract of conditional sale or secured transaction whereby the title to the motor vehicle remains in the vendor, the vendor or his assignee shall not be deemed an owner within the provisions of NRS 41.440 to 41.460, inclusive, but the vendee or his assignee shall be deemed the owner notwithstanding the terms of such contract, until the vendor or his assignee retake possession of the motor vehicle. A secured party out of possession of a motor vehicle shall not be deemed an owner within the provisions of NRS 41.440 to 41.460, inclusive.] 1. For the purpose of imposing liability pursuant to NRS 41.440 and for no other purpose, where a vehicle is subject to:
(a) A security interest, the debtor in possession shall be deemed to be the owner and the secured party out of possession shall not be deemed to be the owner.
(b) A long-term lease, the long-term lessee shall be deemed to be the owner and the long-term lessor shall not be deemed to be the owner.
2. As used in this section:
(a) Lease, long-term lessee and long-term lessor have the meanings ascribed to them in section 2 of this act.
(b) Owner has only the significance attributed to it by NRS 41.440.
(c) Secured party and security interest have the meanings ascribed to them by chapter 104 of NRS.
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For the purposes of regulation under this chapter and of imposing tort liability under NRS 41.440, and for no other purpose:
1. Lease means a contract by which the legal owner of a vehicle transfers to another person, for compensation, the right to use such vehicle.
2. Long-term lessee means a person who has leased a vehicle from another person for a fixed period of more than 31 days.
3. Long-term lessor means a person who has leased a vehicle to another person for a fixed period of more than 31 days.
4. Short-term lessee means a person who has leased a vehicle from another person for a period of 31 days or less, or by the day, or by the trip.
5. Short-term lessor means a person who has leased a vehicle to another person for a period of 31 days or less, or by the day, or by the trip.
Sec. 3. NRS 482.010 is hereby amended to read as follows:
482.010 When used in this chapter, the words and terms in NRS 482.013 to 482.135, inclusive, and in section 2 of this act shall, for the purposes of this chapter, have the meanings ascribed to them in NRS 482.013 to 482.135, inclusive, and in section 2 of this act except in those instances where the context clearly indicates a different meaning.
κ1967 Statutes of Nevada, Page 705 (CHAPTER 237, SB 268)κ
482.013 to 482.135, inclusive, and in section 2 of this act shall, for the purposes of this chapter, have the meanings ascribed to them in NRS 482.013 to 482.135, inclusive, and in section 2 of this act except in those instances where the context clearly indicates a different meaning.
Sec. 4. NRS 482.208 is hereby amended to read as follows:
482.208 1. Any vehicle which is leased [to a user] by a long-term lessor to a long-term lessee having a place of business or residence in this state, for use on the public highways of this state, shall be subject to registration in this state either by the [owner or the] long-term lessor or the long-term lessee of such vehicle.
2. The provisions of subsection 1 shall not apply to vehicles operated in this state under the provisions of any reciprocity agreement made by the department or to vehicles entitled to prorational registration under the provisions of chapter 706 of NRS.
Sec. 5. NRS 482.295 is hereby amended to read as follows:
482.295 If the owner of a motor vehicle for which registration is applied [rents of intends to rent such motor vehicle without a driver, either on a single occasion or regularly,] is or intends to be a short-term lessor of such vehicle, such fact shall be stated in the application. The department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in NRS 482.305, or, if the owner fail to make such agreement, until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:
1. If he apply for registration of one motor vehicle, in the sum of at least [$5,000] $10,000 for any person injured or killed and in the sum of [$10,000] $20,000 for any number more than one injured or killed in any one accident.
2. If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and $5,000 additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of $100,000 for any number of motor vehicles.
Sec. 6. NRS 482.300 is hereby amended to read as follows:
482.300 [It shall be unlawful for the owner of any motor vehicle engaged in the business of renting motor vehicles without drivers to rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless he shall have previously notified the department of the intention to so rent such vehicle and shall have] It is unlawful for any person to become the short-term lessor of a motor vehicle unless he has previously notified the department of his intention to do so and has complied with the requirements as to the showing of his financial responsibility as provided in NRS 482.295.
Sec. 7. NRS 482.305 is hereby amended to read as follows:
482.305 1. The [owner of a motor vehicle engaged in the business of renting motor vehicles without drivers, who rents any such vehicle without a driver to another, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, permitting the renter] short-term lessor of a motor vehicle who permits the short-term lessee to operate the vehicle upon the highways, and who does not carry or cause to be carried public liability insurance in an insurance company or companies approved by the commissioner of insurance of this state insuring the [renter] short-term lessee against liability arising out of his negligence in the operation of such rented vehicle in limits of not less than [$5,000] $10,000 for any one person injured or killed and [$10,000] $20,000 for any number more than one injured or killed in any one accident, and against liability of the renter for property damage in the limit of not less than [$1,000] $5,000 for one accident, shall be jointly and severally liable with the [renter] short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the [person so renting the vehicle from the owner,] short-term lessee, except that the foregoing provisions shall not confer any right of action upon any passenger in any such rented vehicle against the [owner.]
κ1967 Statutes of Nevada, Page 706 (CHAPTER 237, SB 268)κ
or companies approved by the commissioner of insurance of this state insuring the [renter] short-term lessee against liability arising out of his negligence in the operation of such rented vehicle in limits of not less than [$5,000] $10,000 for any one person injured or killed and [$10,000] $20,000 for any number more than one injured or killed in any one accident, and against liability of the renter for property damage in the limit of not less than [$1,000] $5,000 for one accident, shall be jointly and severally liable with the [renter] short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the [person so renting the vehicle from the owner,] short-term lessee, except that the foregoing provisions shall not confer any right of action upon any passenger in any such rented vehicle against the [owner.] short-term lessor. Nothing herein contained shall be construed to prevent the introduction as a defense of contributory negligence to the extent to which such defense is allowed in other cases.
2. Such policy of insurance shall inure to the benefit of any person operating the vehicle by or with the permission of the [person so renting the vehicle] short-term lessee in the same manner and under the same conditions and to the same extent as to the [renter.] short-term lessee.
3. The insurance policy or policies above referred to need not cover any liability incurred by the [renter] short-term lessee of any vehicle to any passenger in such vehicle; but the [owner upon renting any such vehicle without a driver to another] short-term lessor before delivering the vehicle shall give to the [renter] short-term lessee a written notice of the fact that such policy or policies do not cover the liability which the [renter] short-term lessee may incur on account of his negligence in the operation of such vehicle to any passenger in such vehicle.
4. When any suit or action is brought against the [owner] short-term lessor under this section, the judge or court before whom the case is pending shall cause a preliminary hearing to be had in the absence of the jury for the purpose of determining whether the [owner] short-term lessor has provided or caused to be provided insurance covering the [renter] short-term lessee in the limits above mentioned. Whenever it appears that the [owner] short-term lessor has provided or caused to be provided insurance covering the [renter] short-term lessee in the sums above mentioned, the judge or court shall dismiss as to the [owner] short-term lessor the action brought under this section.
Sec. 8. NRS 482.310 is hereby amended to read as follows:
482.310 The department shall issue for every passenger motor vehicle [rented without a driver] leased by a short-term lessor the same type of number plates as the type of plates issued for private passenger vehicles.
Sec. 9. NRS 482.315 is hereby amended to read as follows:
482.315 1. Every person engaged in [the business of renting motor vehicles without drivers who shall rent any such vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle,] business as a short-term lessor shall maintain a record of the identity of [the person to whom the vehicle is rented] each short-term lessee and the exact time the vehicle is the subject of such [rental or in possession of the person renting and having the use of the vehicle.]
κ1967 Statutes of Nevada, Page 707 (CHAPTER 237, SB 268)κ
[rental or in possession of the person renting and having the use of the vehicle.] lease or in the possession of the short-term lessee.
2. Every such record shall be a public record and open to inspection by any person.
3. If the director prescribes a form for the keeping of the record provided for in this section, the [owner] short-term lessor shall use the form.
4. It shall be a misdemeanor for any such [owner] short-term lessor to fail to make or have in his possession or to refuse an inspection of the record required in this section.
Sec. 10. NRS 482.363 is hereby amended to read as follows:
482.363 1. Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state [on a basis binding the lessee for a fixed term of payment exceeding 31 days,] as a long-term lessor, shall, before commencing operations in this state, and annually thereafter:
(a) Secure a license from the department to conduct such leasing business;
(b) Post a bond;
(c) Furnish the department with such other information as may be required; and
(d) Comply with the same terms and conditions which apply to vehicle dealers as specified in NRS 482.345.
2. Any person employed by a person licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services in this state shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the same terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
3. The provisions of NRS 482.352, relating to the denial, revocation or suspension of dealers licenses, shall apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation and transfer of vehicle salesmens licenses, shall apply to licenses issued pursuant to the provisions of subsection 2.
Sec. 11. NRS 482.475 is hereby amended to read as follows:
482.475 The department shall cancel the registration of any motor vehicle [rented without a driver] used for short-term leasing whenever the department ascertains that the [owner] short-term lessor has failed or is unable to comply with the requirements of NRS 482.295.
________
κ1967 Statutes of Nevada, Page 708κ
Assembly Bill No. 319Mr. Getto
CHAPTER 238
AN ACT providing for the disposition of proceeds of the sale of the Churchill County telephone system, if sold; and providing other matters properly relating thereto.
[Approved April 4, 1967]
Whereas, NRS 710.151 to 710.159, inclusive, provide generally for the sale or lease of a county telephone system upon approval by vote of the people of the county; and
Whereas, The proceeds of such a sale are capital funds whose principal should be used for capital improvements within the county, but the nature of suitable restrictions so differs from county to county as to be incapable of definition by general statute; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires:
1. Board means the board of county commissioners of Churchill County.
2. Capital purpose means the acquisition of or addition to fixed assets as defined in NRS 354.528.
3. Proceeds includes:
(a) The total sale price of the system after paying the expenses of sale; and
(b) Any remaining balance in the operating fund of the system after paying the final expenses of operation.
4. System means the telephone system owned by Churchill County on the effective date of this act.
Sec. 2. If the system is sold within 4 years after the effective date of this act, the board shall dispose of the proceeds only as provided in this act.
Sec. 3. 1. The board shall first set aside the amount necessary to retire the bonds issued for improvement of the system, and shall pay the interest on such bonds, pending their retirement, from the income earned by the fund set aside. Any balance remaining of the fund or its income after the retirement of such bonds shall be invested as provided in subsection 2 and become part of the capital improvement fund.
2. The board shall invest and may reinvest the remainder of the proceeds in any of the securities permitted for the investment of county funds under chapter 355 of NRS. The sum so invested shall be known as the capital improvement fund, and except as otherwise provided in this act shall be subject to the restrictions of NRS 354.498.
Sec. 4. 1. The board may use the income from interest on the capital improvement fund for capital purposes and for the retirement of general obligation bonds of Churchill County or Churchill County School District.
2. The board may acquire property for capital purposes by entering into one or more lease-purchase agreements and may discharge its installment obligations under such agreements from the interest income of the capital improvement fund.
κ1967 Statutes of Nevada, Page 709 (CHAPTER 238, AB 319)κ
Sec. 5. To the extent that income restricted to use for capital purposes or bond retirement is not so used during the fiscal year in which it is received, the board may deposit such income in the capital improvement fund for investment and may later withdraw all or any part of such reinvested income for capital purposes in any year without a vote of the people.
Sec. 6. In addition to the withdrawals authorized by section 5 of this act and without a vote of the people, the board may at any time withdraw from the capital improvement fund any amount to be used for the retirement of general obligation bonds of Churchill County or Churchill County School District.
Sec. 7. 1. Except as provided in sections 5 and 6 of this act, the board may withdraw moneys from the capital improvement fund only if such withdrawal:
(a) Is for a capital purpose;
(b) Is approved by the county general obligation bond commission in the manner provided in chapter 350 of NRS for general obligation bonds; and
(c) Is approved by the registered voters of the county.
2. The general obligation bond commission of Churchill County is hereby authorized, in addition to its other duties, to act on such proposals.
3. The board shall by resolution designate whether the election on approval shall be consolidated with the next general or primary election or shall be a special election which the board is hereby authorized to call, and fix the date of any such special election. Such election shall be conducted in the manner provided by NRS 350.020 to 350.070, inclusive, for bond elections, except that the notice required by NRS 350.024 shall contain the information required by subsection 4 of this section in lieu of that required by paragraphs (c) to (f), inclusive, of subsection 1 of NRS 350.024.
4. The resolution providing for such election shall specify the particular purpose or purposes of the purposed withdrawal, and any moneys withdrawn which are not so used shall revert to the capital improvement fund.
Sec. 8. Chapter 21, Statutes of Nevada 1966, is hereby repealed.
Sec. 9. 1. This act shall become effective upon passage and approval.
2. If the system is not sold within 4 years after such effective date, this act shall expire by limitation.
________
κ1967 Statutes of Nevada, Page 710κ
Assembly Bill No. 474Mr. Dini
CHAPTER 239
AN ACT authorizing the acquisition, operation and maintenance by the County of Lyon and the City of Yerington of a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment, furnishings and a site therefor; providing for the issuance of bonds therefor by the County of Lyon and by the City of Yerington; providing limitations in connection with the issuance of and other details concerning such bonds, their redemption and taxes levied therefor; delineating powers, privileges, immunities, rights, liabilities, disabilities and duties in connection with the acquisition, operation and maintenance of such facility, and with such bonds and other securities pertaining to such facility, including without limitation by reference to the Local Government Securities Law; providing other details concerning such facility, such bonds, such other securities and such taxes; and providing other matters properly relating thereto.
[Approved April 4, 1967]
Whereas, The board of county commissioners of the county of Lyon, in the State of Nevada (herein sometimes designated as the board, the county, and the state, respectively), and the city council of the City of Yerington (herein sometimes designated as the council and the city, respectively) are desirous of acquiring, operating and maintaining a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment, furnishings and a site therefor (herein sometimes designated as the facility); and
Whereas, The joint participation of the city and the county in the project will promote the morals, government, health, safety and welfare of the public and will otherwise benefit the county and the city and the inhabitants thereof; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county of Lyon and the city of Yerington are hereby authorized and empowered to construct, install, purchase and otherwise acquire a joint city and county law enforcement facility, including without limitation a building for use as a joint city-county jail, improvements incidental thereto, and equipment, furnishings and a site therefor (herein sometimes designated as the project) at a site located within the city, as moneys may be made available therefor, including but not necessarily limited to the proceeds of bonds issued pursuant to this act.
Sec. 2. The county, acting by and through the board, in addition to the powers elsewhere conferred upon the county, is hereby authorized and empowered, in its name and upon its behalf, to issue the countys negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $225,000, for defraying all or any part of the cost of the project, subject to the provisions of section 4 of this act.
Sec. 3. The city, acting by and through the council, in addition to the powers elsewhere conferred upon the city, is hereby authorized and empowered, in its name and upon its behalf, to issue the citys negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding $225,000, for the purpose of defraying all or any part of the cost of the project, subject to the provisions of section 4 of this act.
κ1967 Statutes of Nevada, Page 711 (CHAPTER 239, AB 474)κ
not exceeding $225,000, for the purpose of defraying all or any part of the cost of the project, subject to the provisions of section 4 of this act.
Sec. 4. 1. Bonds of the county or the city for the project shall not be issued:
(a) Unless such bonds are approved by the general obligation bond commission for Lyon County pursuant to NRS 350.001 to 350.006, inclusive; and
(b) Unless the qualified electors of the county or the city approve a proposal for the issuance of the bonds of the county or the city, respectively, pursuant to NRS 350.010 to 350.070, inclusive.
2. The board or the council may submit at one time or from time to time a question of issuing any such bonds of the county or the city, respectively, for the project to the electors qualified to vote thereon, at a special, regular municipal, primary or general election, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the state relating to elections insofar as the same can be made applicable.
3. If a majority of each of the white ballots and the colored ballots cast on the question so submitted is in favor of the issuance of the bonds, the proposal to issue them shall have carried, and thereafter the bonds designated in the proposal may be issued in accordance with the provisions of this act and all laws supplemental thereto. If a majority of either color of ballots or of both the white ballots and the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and any of the bonds designated in the proposal shall not be issued.
4. The submission of a question of issuing bonds as provided in this act shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose pursuant to the provisions of this act or as otherwise authorized by law.
Sec. 5. 1. If a proposal for the issuance of the countys general obligation bonds carries as provided in section 4 of this act, except as is otherwise provided therein, the county, acting by and through the board, for the purpose of defraying all or any part of the cost of the project, may borrow money and otherwise become obligated in a total principal amount of not exceeding $225,000 and may issue at one time or from time to time, but not after 5 years from the effective date of this act, bonds and other securities of the county constituting its general obligations to evidence such obligations, in accordance with the Local Government Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act.
2. Nothing in this section shall be construed as preventing the county from funding, refunding or reissuing at any time or from time to time any securities of the county appertaining to the project as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 6. 1. If a proposal for the issuance of the citys general obligation bonds carries as provided in section 4 of this act, except as is otherwise provided therein, the city, acting by and through the council, for the purpose of defraying all or any part of the cost of the project, may borrow money and otherwise become obligated in a total principal amount of not exceeding $225,000 and may issue at one time or from time to time, but in no event after 5 years from the effective date of this act, bonds and other securities of the city constituting its general obligations to evidence such obligations, in accordance with the Local Government Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act.
κ1967 Statutes of Nevada, Page 712 (CHAPTER 239, AB 474)κ
money and otherwise become obligated in a total principal amount of not exceeding $225,000 and may issue at one time or from time to time, but in no event after 5 years from the effective date of this act, bonds and other securities of the city constituting its general obligations to evidence such obligations, in accordance with the Local Government Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act.
2. Nothing in this section shall be construed as preventing the city from funding, refunding or reissuing at any time or from time to time any securities of the city appertaining to the project as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 7. 1. Subject to any contractual provisions between the city and county, the city and the county hereby are jointly and severally authorized and empowered:
(a) To operate and maintain the facility upon the completion of the project;
(b) To extend, better, alter, reconstruct, repair and otherwise improve the facility;
(c) To equip and reequip the facility;
(d) To sell, lease, exchange, transfer, assign or otherwise dispose of property appertaining to the facility which no longer is necessary or desirable for use in connection therewith;
(e) To insure or provide for public liability insurance, property damage insurance and other insurance for the facility, or any part thereof, or any activity in connection therewith, against such risks and hazards as either or both the city and county may deem advisable;
(f) To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the facility;
(g) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, the facility, and to assign, reassign and transfer any personnel of either the county or the city for the performance of duties in connection with the facility;
(h) To make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the facility;
(i) To fix and levy, and from time to time increase and decrease, rates, tolls and charges for concessions, commodities, services or facilities furnished by, through or in connection with the facility;
(j) To make and keep records in connection with the facility;
(k) To arbitrate any differences arising in connection with the facility;
(l) To commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning the facility;
(m) To use for or in connection with the facility moneys, land and other real and personal property legally available therefor of either the county or the city, not originally acquired therefor;
(n) To levy and collect from year to year for use for or in connection with the facility general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
κ1967 Statutes of Nevada, Page 713 (CHAPTER 239, AB 474)κ
with the facility general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
(o) To use for or in connection with the facility the proceeds of any tolls, rates, charges, fees, license taxes, other excise taxes or quasi-excise taxes legally available therefor which either the county of the city, as the case may be, is empowered to fix, levy and collect;
(p) To budget and appropriate, and the county and the city each is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds, service charges and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;
(q) To make contracts and execute all instruments necessary or convenient; including but not limited to contracts with the Federal Government and the state;
(r) To acquire any construction work, improvement or improvements of any nature in connection with the facility in the manner provided by law;
(s) To prescribe and enforce reasonable rules and regulations for the availability of service from and the use of the facility;
(t) To provide for an agency, by any agreement herein authorized, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement;
(u) To provide any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement, but such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties as designated by the agreement;
(v) To continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party;
(w) To exercise all or any part or combination of the powers herein granted; and
(x) To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act.
2. The specific powers in subsection 1 of this section shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this act.
Sec. 8. The county and the city may from time to time enter into agreements, short-term and long-term, but not exceeding a term of 50 years, with each other concerning the facility, including without limitation:
1. Agreements concerning any power granted to either or both by this act, the exercise of such powers, and conditions and limitations thereupon.
κ1967 Statutes of Nevada, Page 714 (CHAPTER 239, AB 474)κ
2. A contract allocating a portion of the facilities to the exclusive use and control of any party thereto.
3. A contract concerning the construction and equipment of the joint city-county building, the plans and specifications therefor, and the work and materials incidental thereto, including without limitation the acquisition or improvement of the site therefor, or both.
4. A contract for the ownership, care, custody, control, improvement, operation and maintenance of the facility after its acquisition and for defraying expenses incurred therefor.
5. A contract concerning the appointment of personnel for the facility.
6. A contract providing for rules, regulations and orders for the use by the public, and charges, if any, therefor.
7. A contract for the allocation between the county and the city of the total utilization of the facility, the method of effecting such allocation, and delineating the rights, if any, of leasing any space in the facility and any facilities pertaining thereto, and the manner in which any real property, equipment, and other personal property shall be disposed of during or at the end of any contract term in the absence of subsequent agreement thereabout.
8. A contract concerning the maintenance of records of and for the facility, the termination of the joint operation and maintenance of the facility, and other legal, financial and administrative arrangement to effect the joint operation and maintenance of the facility and its disposal in an orderly and equitable manner.
Sec. 9. All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workmens compensation and other benefits which apply to the activity of officers, agents or employees of the county or city employing them when performing their respective functions within the territorial limits of such political subdivision shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties, extraterritorially or otherwise, pursuant to any contract made hereunder or otherwise, in connection with the facility and any activity appertaining thereto.
Sec. 10. The exercise of any power authorized in this act upon behalf of either the county or the city by the board or the council, respectively, has been determined, and is thereby declared, to effect a public purpose; and the project, as therein authorized shall effect a public purpose.
Sec. 11. This act being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purpose.
Sec. 12. 1. This act, without reference to other statutes of the state, except as otherwise provided in this act, shall constitute full authority for the exercise of powers therein granted concerning the borrowing of money to finance the project wholly or in part and the issuance of bonds or other securities to evidence such loans.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power granted in this act that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts therein authorized to be done shall be construed as applying to any proceedings taken under this act or acts done pursuant thereto, except as therein otherwise provided.
κ1967 Statutes of Nevada, Page 715 (CHAPTER 239, AB 474)κ
be construed as applying to any proceedings taken under this act or acts done pursuant thereto, except as therein otherwise provided.
3. The provisions of no other law, either general, special or local, except as otherwise provided in this act, shall apply to the doing of the things therein authorized to be done; and no public body, other than the county and the city acting by and through the board and the council, respectively, shall have authority or jurisdiction over the doing of any of the acts authorized in this act to be done.
Sec. 13. 1. 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.
2. Nothing contained in this act shall be construed as preventing the exercise of any power granted to either such political subdivision or any officer, agent or employee thereof, by any other law.
3. 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. 14. 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. 15. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 241Committee on State, County and City Affairs
CHAPTER 240
AN ACT to amend chapter 496 of NRS, being the Municipal Airports Act, by amending pertinent sections relating to airports, air navigation facilities and other facilities appertaining to airports of counties, cities and towns, to the issuance of bonds and other securities by such municipal corporations in connection therewith, and to the construction, other acquisition, equipment, operation, maintenance, improvement, sale, lease and other disposition of properties appertaining thereto; modifying provisions concerning such securities and properties, airport revenues, taxes, and pledges and liens pertaining thereto by reference to the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 496.030 is hereby amended to read as follows:
496.030 1. Every municipality is authorized, out of any appropriation or other moneys made available for such purposes:
(a) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state.
κ1967 Statutes of Nevada, Page 716 (CHAPTER 240, AB 241)κ
facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state.
(b) To contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles and all other facilities and equipment which may interfere with the location, expansion, development or improvement of such airports, restricted landing areas and other air navigation facilities, or with the safe approach thereto or takeoff therefrom by aircraft.
(c) To pay the cost of removal or relocation.
(d) To pay the cost of construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft, for any other use related to the operation of an aviation or air transportation business, or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as [an] are incident to the operation of its airport properties [.] , including without limitation runways, taxiways, loading and unloading ramp and apron facilities, terminal and parking facilities, warehouses and other cargo facilities, hangars, shops, offices, and other buildings and facilities used in connection with the operation of airports.
2. For such purposes the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction, marking and lighting of airport hazards, or to prevent the establishment of airport hazards.
Sec. 2. NRS 496.080 is hereby amended to read as follows:
496.080 1. Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility, or other property, or portion thereof or interest therein, acquired pursuant to this chapter.
2. The disposal by sale, lease or otherwise shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality [.] , and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.
Sec. 3. NRS 496.090 is hereby amended to read as follows:
496.090 1. In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, such municipality may, except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into contracts, leases and other arrangements with any persons:
κ1967 Statutes of Nevada, Page 717 (CHAPTER 240, AB 241)κ
(a) Granting the privilege of using or improving such airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes.
(b) Conferring the privilege of supplying goods, commodities, things, services or facilities at such airport or air navigation facility [.] or other facilities.
(c) Making available services to be furnished by the municipality or its agents or by other persons at such airport or air navigation facility [.] or other facilities.
2. In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the municipality.
3. As an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a term or terms not exceeding 40 years, upon such terms and conditions as the governing body deems proper.
4. Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in some paper of general circulation within the municipality at least once a week for a period of 30 days. The notice shall specify a regular meeting of the governing body to be held after completion of such publication, at which meeting any interested person may appear, and no such contract, lease or other arrangement shall be entered into by the municipality until the publication and meeting heretofore provided for are had.
5. Any member of a municipalitys governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of such contract, lease or other arrangement may extend beyond his or her term of office.
Sec. 4. NRS 496.100 is hereby amended to read as follows:
496.100 Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, a municipality may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality [;] , including without limitation air navigation facilities and any other facilities appertaining to the airport; but no such person shall be granted any authority to operate such an airport other than as a public airport or to enter into any contracts, leases or other arrangements in connection with the operation of the airport which the municipality might not have undertaken under NRS 496.090.
Sec. 5. NRS 496.150 is hereby amended to read as follows:
496.150 [1. The] To defray the cost of planning and acquiring, establishing, developing, constructing, enlarging, improving or equipping an airport or air navigation facility, or the site therefor, including buildings and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, [may be paid for wholly or partly from the proceeds of the sale of bonds or notes of the municipality, as the governing body of the municipality shall determine.
κ1967 Statutes of Nevada, Page 718 (CHAPTER 240, AB 241)κ
partly from the proceeds of the sale of bonds or notes of the municipality, as the governing body of the municipality shall determine.
2. For such purposes a municipality may issue general obligation or refunding bonds in the manner provided by chapter 350 of NRS, and may issue special obligation or revenue bonds in the manner and classifications provided by NRS 496.155.
3. Any bonds or notes issued by a municipality pursuant to this chapter which are payable, as to principal and interest, solely from the revenues of an airport or air navigation facility (and such bonds or notes shall so state on their face) shall not constitute a debt of such municipality within the meaning of any constitutional or statutory debt limitation or restriction.
4. In any suit, action or proceeding involving the security, or the validity or enforcibility, of any bond or note issued by a municipality, which bond or note states on its face that it was issued pursuant to the provisions of this chapter and for a purpose or purposes authorized by and to be accomplished by this chapter, such bond or note shall be conclusively deemed to have been issued pursuant to this chapter for such purpose or purposes.] , or any combination thereof, the governing body may, at any time or from time to time, in the name and on the behalf of the municipality, issue:
1. In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of net revenues or gross revenues derived from the operation of all or any part of the airport or any facilities appertaining thereto.
2. Revenue bonds constituting special obligations and payable from such net revenues or gross revenues, without the necessity of the revenue bonds being authorized at any election.
Sec. 6. NRS 496.155 is hereby amended to read as follows:
496.155 [1. For the purposes set forth in subsection 1 of NRS 496.150, a municipality may issue bonds as provided in the following subsections.
2. Where an airport is to be operated by the municipality:
(a) Net revenue bonds may be issued which are secured by a pledge of the net revenue derived from operation of the airport.
(b) Gross revenue bonds may be issued which are secured by a pledge of the gross revenue derived from operation of the airport with a covenant that to the extent required, the municipality will pay operating costs by appropriation from its general fund.
3. Short-term obligations may be issued which are secured by a mortgage of the real property comprising the airport but which shall not constitute a general obligation of the municipality.
4. In the case of any obligation issued pursuant to subsections 2 and 3, serial maturities may be provided and sinking funds and other reserves for debt service established as required.
5. In the case of any obligation issued pursuant to subsection 2, the municipality may determine by appropriate ordinance or resolution the manner of issuance and the terms and covenants of such obligations. For this purpose, the municipality shall have such powers as are conferred for the purpose of issuing water and sewer revenue bonds by NRS 350.350 to 350.490, inclusive, and except as otherwise provided in this chapter or by the municipal ordinance or resolution, the provisions of such sections shall govern such obligations.]
κ1967 Statutes of Nevada, Page 719 (CHAPTER 240, AB 241)κ
this purpose, the municipality shall have such powers as are conferred for the purpose of issuing water and sewer revenue bonds by NRS 350.350 to 350.490, inclusive, and except as otherwise provided in this chapter or by the municipal ordinance or resolution, the provisions of such sections shall govern such obligations.] Subject to the provisions of NRS 496.150, for any undertaking therein authorized the governing body of a municipality, as the governing body may determine from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other municipal securities, and in connection with such undertaking or the municipal airport, including without limitation air navigation facilities and other facilities appertaining to the airport, the governing body may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
Sec. 7. NRS 496.230 is hereby amended to read as follows:
496.230 1. Public agencies acting jointly pursuant to this chapter shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be provided for in the joint agreement.
2. Each joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
3. The joint board shall have power:
(a) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or any other facilities appertaining to the airport or airport hazard to be jointly acquired, controlled and operated.
(b) To contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles and other facilities and equipment which may interfere with the location, expansion, development or improvement of such airports, restricted landing areas, [and] other air navigation facilities, and any other facilities appertaining to the airport, or with the safe approach thereto or takeoff therefrom by aircraft.
(c) To pay the cost of removal or relocation.
4. The board may exercise on behalf of its constituent public agencies all the powers of each with respect to such airport, air navigation facility, or other facilities, or airport hazard, subject to the limitations of this section.
5. The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before the preceding December 1.
6. No airport, air navigation facility, other facilities, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board; but the agencies exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location without the approval of the governing bodies of its constituent public agencies.
κ1967 Statutes of Nevada, Page 720 (CHAPTER 240, AB 241)κ
structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location without the approval of the governing bodies of its constituent public agencies.
7. Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common until conveyed by them to the joint board.
8. The joint board shall not dispose of any airport, air navigation facility, other facilities, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; but the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by NRS 496.090.
9. Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by NRS 496.130 shall become effective only upon approval of the governing bodies of the constituent public agencies; but upon such approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 434Committee on Judiciary
CHAPTER 241
AN ACT relating to venue in actions against the State of Nevada; to require that actions shall be brought in Ormsby County; providing exceptions; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 13 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, any action or proceeding against the State of Nevada shall be brought in a court of competent jurisdiction in Ormsby County.
2. Any tort action against the State of Nevada which is based on the alleged negligence of a state officer or employee and in which the damages sought to be recovered are for physical injury or death may be brought in a court of competent jurisdiction in the county where the injury occurred.
Sec. 2. NRS 41.010 is hereby amended to read as follows:
41.010 An officer or person who has presented a claim against the state for services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law, to the board of examiners, which claim the board or the state controller has refused to audit and allow, in whole or in part, may commence an action in any court in Ormsby County having jurisdiction of the amount, and not elsewhere, for the recovery of such portion of the claim as shall have been rejected.
κ1967 Statutes of Nevada, Page 721 (CHAPTER 241, AB 434)κ
appropriation has been made, but of which the amount has not been fixed by law, to the board of examiners, which claim the board or the state controller has refused to audit and allow, in whole or in part, may commence an action in any court in Ormsby County having jurisdiction of the amount, and not elsewhere, for the recovery of such portion of the claim as shall have been rejected. In such action the State of Nevada shall be named as defendant, and the summons shall be served upon the state controller, and the action shall proceed as other civil actions to final judgment.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 106Committee on Public Health and Public Morals
CHAPTER 242
AN ACT to amend NRS 464.040, relating to pari-mutuel betting, by deleting a provision which refers to an abolished pari-mutuel wagering license fee.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 464.040 is hereby amended to read as follows:
464.040 1. The commission deducted from pari-mutuels by any licensee licensed under the provisions of this chapter shall not exceed 13 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.
2. Each licensee shall pay to the Nevada gaming commission for the use of the State of Nevada a tax at the rate of 2 percent on the total amount of money wagered on any racing or sporting event except horse racing.
3. [The amount deducted by the licensee for payment to the Nevada gaming commission shall be in addition to the license fee required by this chapter.
4.] The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
[5.] 4. The amount paid to the Nevada gaming commission shall be, after deducting costs of administration which shall not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasury for deposit in the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 722κ
Senate Bill No. 202Senator Pozzi
CHAPTER 243
AN ACT to amend NRS 243.320 and 243.340, relating to the boundaries of Ormsby and Washoe counties, by changing the boundary between the two counties.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 243.320 is hereby amended to read as follows:
243.320 1. There shall be a county, to be known as Ormsby County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Douglas County, and running easterly along the north boundary thereof to a point where it crosses Eldorado Canyon; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Companys dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence in a westerly course along the summit to the tops of the Sierras; thence due west to the California line; thence south along the California line to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1, the south boundary line of Ormsby County is redefined on March 2, 1965, and such south boundary line is particularly described as follows: Beginning at a point where the center of Eldorado Canyon crosses the south boundary of section 7, T. 14 N., R. 22 E., and from which point the southeast corner of section 7 bears, S. 89°51′ E. a distance of 1,386 feet; thence westerly along the south boundary of section 7 to its southwest corner; thence continuing westerly along the south boundaries of sections 12, 11, 10, 9, 8 and 7, T. 14 N., R. 21 E.; thence continuing westerly along the south boundaries of sections 12, 11, 10 and 9, T. 14 N., R. 20 E., to the southwest corner of section 9; thence northerly along the west boundary of section 9 to its northwest corner; thence westerly along the south boundary of section 5, T. 14 N., R. 20 E., to the south 1/4 corner of section 5; thence northerly along the north-south 1/4 section line of section 5 to the north 1/4 corner of section 5 and common to the south 1/4 corner of section 32, T. 15 N., R. 20 E.; thence westerly along the south boundary of section 32 and continuing along the south boundary of section 31 to the east-east 1/64th corner common to section 31, T. 15 N., R. 20 E., and section 6, T. 14 N., R. 20 E.; thence southerly along the north-south centerline of the NE 1/4 of the NE 1/4 of section 6, a distance of 300 feet, more or less to the center-north-northeast-northeast 1/256th corner of section 6; thence westerly along the east-west centerline of the NW 1/4 of the NE 1/4 of the NE 1/4 of section 6, a distance of 660 feet, more or less to the center-north-north-northeast 1/256th of section 6; thence northerly along the north-south centerline of the NE 1/4 of section 6, a distance of 300 feet, more or less, to the east 1/16th corner common to section 6, T. 14 N., R. 20 E., and section 31, T. 15 N., R. 20 E.; thence westerly along the south boundary of section 31 to its southwest corner; thence continuing westerly along the south boundaries of sections 36, 35, 34, 33, 32 and 31, T.
κ1967 Statutes of Nevada, Page 723 (CHAPTER 243, SB 202)κ
south boundary of section 31 to its southwest corner; thence continuing westerly along the south boundaries of sections 36, 35, 34, 33, 32 and 31, T. 15 N., R. 19 E., to the southwest corner of section 31; thence continuing westerly along the south boundaries of sections 36, 35, 34 and a portion of 33, T. 15 N., R. 18 E., to the east shoreline of Lake Tahoe; thence continuing due west to the California line. All township and range references are to the Mount Diablo Base and Meridian.
3. Notwithstanding anything to the contrary in subsection 1, the north boundary line of Ormsby County is redefined on the effective date of this act, and such north boundary line is particularly described as follows: Beginning at a point located in the southwest quarter of section 14, T. 16 N., R. 20 E., common to the boundaries of Washoe, Storey, Lyon and Ormsby counties; thence southwesterly to the corner common to sections 14, 15, 22 and 23, T. 16 N., R. 20 E.; thence westerly along the common boundaries between sections 15 and 22 and between 16 and 21, T. 16 N., R. 20 E. to the corner common to sections 16, 17, 20 and 21, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 20 and 21 to the corner common to sections 20, 21, 28 and 29, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 20 and 29 to the corner common to sections 19, 20, 29 and 30, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 29 and 30 to the corner common to sections 29, 30, 31 and 32, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 30 and 31, T. 16 N., R. 20 E. and sections 25 and 36, T. 16 N., R. 19 E., to the 1/4 corner common to sections 25 and 36; thence southerly along the north-south 1/4 section line of section 36 to the center of section 36; thence westerly along the east-west 1/4 section line of sections 36 and 35, T. 16 N., R. 19 E. to the 1/4 corner common to sections 34 and 35, T. 16 N., R. 19 E.; thence southerly along the common boundary between sections 34 and 35 to the southeast corner of section 34; thence westerly along the common boundary between section 34, T. 16 N., R. 19 E., and section 3, T. 15 N., R. 19 E., to the northwest corner of section 3; thence southerly along the common boundary between sections 3 and 4, T. 15 N., R. 19 E., to the 1/4 corner common to sections 3 and 4; thence westerly along the east-west 1/4 section line of section 4 to the center of section 4; thence southerly along the north-south 1/4 section line of section 4 to the 1/4 corner common to sections 4 and 9, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 4 and 9 to the corner common to sections 4, 5, 8 and 9, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 8 and 9 to the corner common to sections 8, 9, 16 and 17, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 8 and 17 to the corner common to sections 7, 8, 17 and 18, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 17 and 18 to the north 1/64th corner common to sections 17 and 18, T. 15 N., R. 19 E.; thence westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of section 18 to the north 1/64th corner common to sections 18, T. 15 N., R. 19 E. and 13, T. 15 N., R. 18 E.; thence continuing westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of sections 13, 14, 15, 16, 17 and a portion of 18, T. 15 N., R. 18 E., and ending at the southwest corner of Washoe County and the Nevada-California state line.
κ1967 Statutes of Nevada, Page 724 (CHAPTER 243, SB 202)κ
ending at the southwest corner of Washoe County and the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.
Sec. 2. NRS 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Ormsby County, and running easterly along the northern boundary of Ormsby County to the summit of the mountains east of Washoe Lake; thence in a northerly course along the summit of the mountains to the lower end of the Big Meadows, on the Truckee River; thence down the Truckee River to its lower crossing; thence S. 53°06′03″ E. to a point in the Immigrant Road further described as being a 1 1/4-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27°53′57″ W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10, sections 2 and 11 and sections 1 and 12, T. 20 N., R. 24 E., and sections 6 and 7 and sections 5 and 8, T. 20 N., R. 25 E., M.D.B. & M., to its intersection with the northerly right-of-way line of Interstate Highway 80; thence N. 38°41′41″ E., 1,665.47 feet to a point marked by a sandstone monument measuring 12 inches by 12 inches by 4 feet located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1, the common boundary line between Ormsby County and Washoe County is redefined on the effective date of this act, and such boundary line is hereby established as provided in NRS 243.320.
________
Assembly Bill No. 435Committee on Judiciary
CHAPTER 244
AN ACT to amend NRS 232.080, relating to the deputy attorney general assigned to the state department of conservation and natural resources, by eliminating a statutory conflict concerning his unclassified status.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.080 is hereby amended to read as follows:
232.080 1. The attorney general shall be counsel and attorney for the department. The attorney general, with the advice and consent of the director, shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated shall:
κ1967 Statutes of Nevada, Page 725 (CHAPTER 244, AB 435)κ
(a) Be legal advisor of the department in all matters relating to the department and to the powers and duties of its officers.
(b) Maintain his office in Carson City, Nevada, in an office provided by the department.
(c) Be in the [classified service of the state.] unclassified service of the state pursuant to subsection 5 of NRS 284.140.
2. The compensation of such deputy shall be paid from funds provided for the support of the department.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 455Mr. Glaser
CHAPTER 245
AN ACT relating to state financial administration; establishing funds in the state treasury; specifying accounting procedures and defining terms; providing for the handling of federal grants; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 44, inclusive, of this act.
Sec. 2. Sections 2 to 44, inclusive, of this act shall be known as the Funds Consolidation Law.
Sec. 3. 1. It is the purpose of sections 2 to 44, inclusive, of this act to set forth legislative policy governing that phase of the states fiscal procedures which relates to financial funds. Generally accepted accounting principles and fiscal procedures shall be applied except when in conflict with constitutional and statutory provisions.
2. The legislature reserves the right to establish funds not otherwise provided for by the Nevada constitution.
3. It is the intent of the legislature to facilitate by the provisions of sections 2 to 44, inclusive, of this act the handling of federal grants and other revenues which must remain restricted according to the terms under which they are received.
4. Procedures applicable to the administration and collection of taxes, licenses, fees and all other forms of revenue shall be established in a manner that will permit a direct flow of revenues, when collected, to the credit of the fund for which designated. Specifically, revenues and other collections are to be credited directly into the funds, regardless of the type, with the exception of those revenues which require allocation into two or more funds.
5. General governmental revenues and functions shall be accounted for in the budgetary funds. It is the policy of the legislature that all general governmental programs and functions shall be subject to its review, regardless of the sources of revenue available to the various departments, institutions or agencies.
κ1967 Statutes of Nevada, Page 726 (CHAPTER 245, AB 455)κ
Sec. 4. As used in sections 2 to 44, inclusive, of this act, the words and terms defined in sections 5 to 27, inclusive, of this act have the meanings set forth in sections 5 to 27, inclusive, of this act, unless another meaning clearly appears in the context.
Sec. 5. Accrual basis means the basis of accounting under which revenues are recorded when earned and expenditures are recorded as soon as they result in liabilities for benefits received, notwithstanding that the receipt of the revenue or payment of the expenditure may take place, in whole or in part, in another accounting period.
Sec. 6. Activity means a specific and distinguishable line of work performed by one or more organization components of a governmental unit for the purpose of accomplishing a function for which the government unit is responsible.
Sec. 7. Appropriation means an authorization granted by a legislative body to make expenditures and to incur obligations for specific purposes.
Sec. 8. Authorization means the permission granted by the legislature to receive and expend funds from sources other than the general fund or highway fund.
Sec. 9. Budgetary accounts means those accounts necessary to reflect budgetary operations and condition, such as estimated revenues, appropriations and encumbrances, all as distinguished from proprietary accounts.
Sec. 10. Cash basis means the basis of accounting under which revenues are recorded when received in cash and expenditures are recorded when paid.
Sec. 11. Dedicated credit means revenue:
1. Whose expenditure is restricted by law, or by contractual terms under which such revenue is accepted, to specified activities; and
2. Which is appropriated by law to the department, institution or agency which assessed the revenue to be expended for the specified activities.
Sec. 12. Encumbrances means obligations in the form of purchase orders, contracts or salary commitments which are chargeable to an appropriation and for which a part of the appropriation is reserved. They cease to be encumbrances when paid or when the actual liability is created.
Sec. 13. Expenditures means the cost of goods delivered or services rendered, whether paid or unpaid, including expenses, provision for debt retirement not reported as a liability of the fund from which retired, and capital outlays, where the accounts are kept on an accrual basis. Where the accounts are kept on a cash basis expenditures designates only actual cash disbursements for these purposes.
Sec. 14. Fiscal period means any period at the end of which a governmental unit determines its financial position and the results of its operations.
Sec. 15. Function means a group of related activities aimed at accomplishing a major service or regulatory program for which a governmental unit is responsible.
Sec. 16. Fund means an independent fiscal and accounting entity composed of a sum of money or other resources which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.
κ1967 Statutes of Nevada, Page 727 (CHAPTER 245, AB 455)κ
for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.
Sec. 17. Fund accounts means all accounts necessary to set forth the financial operations and financial position of a fund.
Sec. 18. Group or group of accounts means accounts of official state financial activities, such as but not limited to accounts for principal and interest on unmatured general obligation bonds and for certain fixed assets of the state, which do not come within the definition of fund.
Sec. 19. Lapse as applied to an appropriation means the automatic termination of such appropriation.
Sec. 20. Modified accrual basis means the basis of accounting under which expenditures are recorded in the accounting period when liabilities are incurred and revenues are recorded when received in cash, except for material or available revenues, or both, which should be accrued to reflect properly the revenue earned.
Sec. 21. Proprietary accounts are those accounts which show actual financial position and operations such as actual assets, liabilities, reserves, fund balance, revenues and expenditures, all as distinguished from budgetary accounts.
Sec. 22. Restricted revenue means revenue the expenditure of which is restricted by law to specified activities and limited in the amount expended for such activities by legislative appropriation.
Sec. 23. Revenue means the increase in ownership equity during a designated period of time, and designates additions to assets which do not increase any liability, nor represent the recovery of an expenditure, and the cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.
Sec. 24. Reversion as applied to appropriations means the transfer of the unused amounts of an appropriation to the unappropriated surplus account of the fund from which appropriated.
Sec. 25. Surplus means the excess of the assets of a fund over its liabilities.
Sec. 26. Unappropriated surplus means that portion of the surplus of a fund which is not segregated for specific purposes.
Sec. 27. Unrestricted revenue means revenue the expenditure of which is fully subject to legislative appropriation, in which appropriation the legislature is restricted to those functions authorized by the law establishing each fund.
Sec. 28. 1. The following funds and groups are hereby established in the state treasury:
(a) Bond fund.
(b) General bonded debt and interest group.
(c) General fixed assets group.
(d) General fund.
(e) Highway fund.
(f) Intragovernmental service fund.
(g) Planning board construction fund.
(h) Public employees retirement system fund.
(i) Special revenue fund.
(j) State trust and agency fund.
κ1967 Statutes of Nevada, Page 728 (CHAPTER 245, AB 455)κ
2. All resources and financial transactions of the state government shall be accounted for within the funds and groups established in subsection 1.
3. All funds shall be consolidated except where specific legislative enactment requires the maintenance of separate funds. Existing and new activities of state government, as authorized by the legislature from time to time, shall be accounted for within the framework of the funds established in this section.
4. Addition of a fund shall be by amendment to sections 2 to 44, inclusive, of this act. Whenever a new fund is created or established without amending sections 2 to 44, inclusive, of this act, the reference to a fund in the new act shall be construed to mean fund account.
Sec. 29. The bond fund is designated to account for the proceeds of the sale of bonds and the distribution of such proceeds to the appropriate fund.
Sec. 30. The general bonded debt and interest group is a group of accounts designated to account for the principal and interest on all unmatured general obligation bonds.
Sec. 31. The general fixed assets group is a group of accounts designated to account for all fixed assets of the State of Nevada except those carried in the intragovernmental service fund and the state trust and agency fund.
Sec. 32. The general fund is designated to receive all revenues and account for all expenditures not otherwise provided for by law in any other fund.
Sec. 33. The highway fund is designated to account for:
1. All revenues the expenditures of which are restricted for highway purposes by section 5 of article 9 of the Nevada constitution.
2. Revenues and expenditures of the department of motor vehicles.
Sec. 34. The intragovernmental service fund is designated to account for and finance the self-supporting activities of a service characteristically utilized by other departments of state government, such as but not limited to:
1. The motor pool division of the department of administration.
2. The central mailing room in the buildings and grounds division of the department of administration.
3. The purchasing division of the department of administration.
4. The central data processing division of the department of administration.
5. The central telephone working capital fund in the buildings and grounds division of the department of administration.
6. Other such authorized activities.
Sec. 35. The planning board construction fund is designated to account for all revenues and appropriations the expenditures of which are restricted to constructing buildings and other projects which come under the supervision of the state planning board.
Sec. 36. The public employees retirement system fund is designated to account for resources received and held in trust for the public employees retirement system.
Sec. 37. The special revenue fund is designated to account for all revenues the expenditures of which are restricted by law to specific purposes and not provided for by law in any other fund.
κ1967 Statutes of Nevada, Page 729 (CHAPTER 245, AB 455)κ
revenues the expenditures of which are restricted by law to specific purposes and not provided for by law in any other fund.
Sec. 38. The state trust and agency fund is designated to account for resources received and held by an agent for others or by a trustee, to be expended or invested in accordance with the conditions of the agency and trust.
Sec. 39. 1. Generally accepted accounting principles applicable to governmental units shall be utilized throughout all phases in the accounting procedures and reporting of the states financial position and results of operations in each fiscal period.
2. The following specific procedures shall be used:
(a) The modified accrual basis of accounting shall apply in the budgetary funds.
(b) At the discretion of the budget division of the department of administration, the cash basis, or modifications between the cash and accrual basis of accounting, shall apply in the intragovernmental service fund and in the state trust and agency fund; but such method shall appropriately present the financial position and the results of operations of each fund.
(c) Receipts of revenues and other resources of each fund shall be routed directly when collected to the fund to which such receipt is designated with the exception provided for in section 43 of this act.
(d) Budgetary accounts shall be utilized in the budgetary funds and in the remaining funds when administrative expenses of the remaining funds are subject to appropriations or authorization to reflect fully the various budgetary commitments as provided by law.
(e) Budgetary accounts shall be utilized in the budgetary funds to the extent necessary to reflect the budgetary position and budget operations. Budgetary accounts shall be established in the remaining funds whenever such accounts are applicable or necessary to reflect legislative intent.
(f) Statements of revenue and expenditures shall be in a format which shall appropriately reflect the results of operations for a particular fiscal period.
Sec. 40. 1. The revenues and other resources of the budgetary funds shall be subject to legislative authorization or appropriation and legislative review for each fiscal period. Notwithstanding the source from which the revenues are received and the restrictions imposed upon the purposes for which such revenues shall be expended, the expending plans for the budgetary funds shall be incorporated into the governors budget to be submitted to the legislature in accordance with chapter 353 of NRS.
2. Expenses required in the administrative activities of the intragovernmental service fund, the state trust and agency fund, and the public employees retirement fund shall be subject to legislative appropriation or authorization. The administrative expenses in these funds shall be included in the governors budget to be submitted to the legislature in accordance with chapter 353 of NRS.
Sec. 41. 1. Direct or indirect references to the word fund when used to identify a separate accounting entity, or other synonymous words, wherever contained in Nevada Revised Statutes, shall be construed to mean fund account, except in those instances where that fund has been established by sections 2 to 44, inclusive, of this act.
κ1967 Statutes of Nevada, Page 730 (CHAPTER 245, AB 455)κ
mean fund account, except in those instances where that fund has been established by sections 2 to 44, inclusive, of this act.
2. The following terms and all other terms similar in meaning, except when they are included in sections 2 to 44, inclusive, of this act, shall be construed to mean fund account or accounts within the funds established by sections 2 to 44, inclusive, of this act:
(a) Special funds;
(b) Separate funds;
(c) Permanent funds;
(d) Departmental funds;
(e) Association funds;
(f) Trust, such as in trust or held in trust;
(g) Deposits, such as security deposits or certificates of deposit;
(h) Reserves, such as special reserves, contingent reserves and reserve funds;
(i) Accounts, such as special accounts or clearing accounts; and
(j) Collections, such as departmental collections or dedicated credits.
3. Provisions of law governing the assessment and collection of the states various taxes, licenses, permits, fees and other charges and provisions controlling the expenditures of those revenues remain in force and are undisturbed by the provisions of sections 2 to 44, inclusive, of this act.
4. Provisions of law which specify that the balance in a fund shall revert or be closed out to another fund shall be construed to mean that the balance in that fund shall revert to the unappropriated surplus account of the general fund, if appropriated from the general fund, or to the unappropriated surplus account of the fund in which that fund is placed because of the consolidation of funds.
5. Provisions of law which specify that the balance in a fund shall not revert or lapse or otherwise become a part of the states general fund shall be construed to mean that the balance in that fund shall not revert, lapse or otherwise become a part of the unappropriated surplus of the fund in which that fund is placed because of the consolidation of funds.
Sec. 42. 1. The existing state funds as shown and identified by number and title on the accounting records of the state controller shall be consolidated into the funds established by section 28 of this act as fund accounts where applicable.
2. Additional fund accounts may be added as necessary by the state controller, subject to review by the department of administration, for appropriate fund classification.
Sec. 43. Authority is hereby granted to establish collection of suspense accounts outside of the funds established by sections 2 to 44, inclusive, of this act to facilitate allocation of those revenues which are required by law to be apportioned to more than one fund. Collection or suspense accounts are not funds and shall not hold cash or other assets beyond the end of the calendar month in which received.
Sec. 44. 1. The department of administration and the state controller shall proceed immediately upon the effective date of this act to implement the provisions of sections 2 to 44, inclusive, of this act. Existing state funds shall be consolidated within a reasonable period of time.
κ1967 Statutes of Nevada, Page 731 (CHAPTER 245, AB 455)κ
2. The department of administration, together with the state controller, shall present progressive reports on the development and implementation of the consolidation to the fiscal and audit division of the legislative counsel bureau for its review and recommendations.
Sec. 45. If any provisions of this act or the application of any provision to any person or circumstances is held invalid, the remainder of this act shall not be affected thereby.
________
Senate Bill No. 157Senators Swobe, Bailey, Farr, Hug, Slattery and Young
CHAPTER 246
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and last amended by chapter 155, Statutes of Nevada 1965, at page 291, is hereby amended to read as follows:
Section 3. The city shall not issue or have outstanding at any time as indebtedness in an amount in excess of [seven and one-half] fifteen percent of the total assessed valuation of the taxable property within the corporate limits of the city as shown by the last preceding assessment for general (ad valorem) tax purposes, excepting from the operation of this limitation warrants or other securities which are payable upon presentation or demand or within 1 year after the date thereof and securities payable from special assessments against benefited property whether issued pursuant to any general or special act, irrespective of whether said special assessment securities may or may not also be payable from general (ad valorem) taxes, and also excepting from the operation of said limitation securities issued pursuant to any general or special act the principal and interest of which is payable solely from any revenues or combination of revenues of the city derived from other than general (ad valorem) taxes.
Sec. 2. Section 4 of Article XVIII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 204, Statutes of Nevada 1937, and last amended by chapter 155, Statutes of Nevada 1965, at page 291, is hereby amended to read as follows:
Section 4. The city council shall have the power to purchase, construct, reconstruct, condemn, install, alter, enlarge, extend, improve, better, equip, furnish, or otherwise acquire one or more of the following facilities, together with necessary components, appurtenances and sites therefor, to wit:
κ1967 Statutes of Nevada, Page 732 (CHAPTER 246, SB 157)κ
(a) A sanitary sewer system, storm sewer system, municipal transportation system, flood control system or drainage system;
(b) A city hall, police stations, jails, fire stations, courthouses, garages, municipal office buildings, maintenance shops, off-street parking garages, libraries, auditoriums, convention halls, recreation centers, transportation terminals, museums, fallout shelters or public buildings;
(c) Parks, zoos, golf courses, swimming pools, skating rinks or recreational structures;
(d) Airports, garbage disposal facilities, parking lots or public projects;
(e) Streets, alleys, boulevards, highways, overpasses, underpasses, curbs, gutters, sidewalks, bridges or facilities for pedestrian or vehicular traffic;
(f) Vehicles or equipment for any department of the city;
and to wholly or partially defray the cost thereof by the issuance of debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds or notes (hereafter sometimes collectively referred to in this section as securities), or to issue such securities for any other corporate purpose or purposes as may be determined by the council, subject, however, to constitutional limitations. Any power granted by Section 4 of Article XVIII may be exercised on one or more occasions and, if the council deems it appropriate, jointly with any other power granted by said section.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created to additionally secure their payment. The council shall, in the manner provided by law, including without limitation NRS 350.250, make an annual levy sufficient to meet the payments of principal and interest on securities issued pursuant to subsection 2 of Section 4 of Article XVIII, as the same become due, provided that the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent that other revenues of the city are available for the payment of such principal and interest.
3. As an alternative to the procedure prescribed by subsection 2 of Section 4 of Article XVIII, the council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and subject to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto.
κ1967 Statutes of Nevada, Page 733 (CHAPTER 246, SB 157)κ
any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged. Subject to being included within the limitation on indebtedness of Section 3, Article XVI, their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine.
4. Securities issued pursuant to Section 4 of Article XVIII shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, and shall mature at any time or times from and after such date or dates as the Council may determine, but in no event shall any security be issued to run for a longer period than 30 years from the date of such security. Said securities shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first interest payment date appertaining to any security may be at any time within 1 year from the date of such security as may be prescribed by the authorizing ordinance; and said securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the State as determined by the council; and said securities, at the option of the council, may be in one or more series and may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each security so redeemed as determined by the council.
5. Each series of securities issued pursuant to subsection 2 of Section 4 of Article XVIII shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or in any other manner the council may determine.
6. Each series of securities issued pursuant to subsection 3 of Section 4 of Article XVIII may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified nor the estimated duration of any revenues pledged to the payment of said securities, whichever is earlier.
7. Securities issued pursuant to Section 4 of Article XVIII, shall be negotiable in form, fully negotiable within the meaning of and for all purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities, and payable to bearer, subject to any provisions for their registration for payment. Securities may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at the holders option, or for registration for payment only in either manner designated; and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion.
κ1967 Statutes of Nevada, Page 734 (CHAPTER 246, SB 157)κ
or both principal and interest, at the holders option, or for registration for payment only in either manner designated; and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon or for reconverting the securities into coupon securities, or both for such endorsement and such reconversion. Unless registered for payment as to both principal and interest and there thus be no coupons, said securities shall have negotiable interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each set of coupons attached to any security, if interest on said security is represented by coupons, shall be consecutively numbered and each coupon shall bear the number of the security to which it is attached. Said securities shall be signed by the mayor of the city, countersigned by the county treasurer as ex officio city treasurer, and signed and attested by the city clerk, with the seal of the city affixed thereto, and coupons, if any, shall bear the facsimile signature of said treasurer. Any of said officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed. The clerk of the city may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any security. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the security or coupon, as the case may be. The securities and any coupons thereto attached, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any security or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the securities or coupons appertaining thereto, or upon both the securities and such coupons.
8. Securities issued pursuant to Section 4 of Article XVIII shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by said ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
9. Any ordinance authorizing the issuance of securities pursuant to subsections 2 or 3 of Section 4 of Article XVIII or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
κ1967 Statutes of Nevada, Page 735 (CHAPTER 246, SB 157)κ
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
κ1967 Statutes of Nevada, Page 736 (CHAPTER 246, SB 157)κ
(m) The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the city may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
(q) The terms and conditions upon which the holders of the securities, or any portion, percentage or amount of them, may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
10. Before offering securities issued pursuant to subsection 2 or subsection 3 of Section 4 of Article XVIII for public sale or before adopting an ordinance authorizing the issuance of such securities which have been privately sold, the council shall [publish a proclamation in some newspaper having a general circulation in the city once in each calendar week for 3 successive calendar weeks by three weekly insertions a week apart, stating the purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed 6 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine.
κ1967 Statutes of Nevada, Page 737 (CHAPTER 246, SB 157)κ
years which the securities are to run, and such other details as the council may, in its discretion, determine. If within 20 days after the last publication of said proclamation, a petition requesting an election shall be filed with the city clerk signed by not less than 10 percent of the persons voting at the last municipal election, at least one-half of whom shall then be property owners within the city, it shall be the duty of the council to] submit the question of issuing said securities to the electors of the city at a general election or at a special election which the council may call for that purpose. The question to be submitted at said election shall contain the [same information which is hereinabove required to be contained in the proclamation.] the purpose or purposes for which the securities are to be issued, the maximum amount of the securities, the maximum rate of interest, not to exceed 6 percent per annum, the maximum number of years which the securities are to run, and such other details as the council may, in its discretion, determine. Whenever the council has ordered an election, the city clerk shall cause notice of the election to be published in some newspaper having a general circulation in the city once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election. Except as hereafter provided, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purposes for which the securities are issued.
(d) The maximum amount of the securities.
(e) The maximum rate of interest, not to exceed 6 percent per annum.
(f) The maximum number of years which the securities are to run. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election. Such election shall be held and conducted as nearly as possible as provided by NRS 350.020 to 350.070, both inclusive, as from time to time amended and supplemented, and, to the extent not inconsistent herewith, in the manner provided for the election of city officers. [Except as provided in subsection 10 of Section 4 of Article XVIII, no] No ordinance, resolution, question of issuing securities or other proceeding of the council adopted in the exercise of the powers conferred by this Section 4 of Article XVIII shall be subject to any referendum or other vote of the electors.
11. The council is hereby authorized to sell such securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, as from time to time amended, or at private sale. Securities shall be sold for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the municipal corporation of 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 discount permitted by the governing body on the sale of the bonds. No discount or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided).
κ1967 Statutes of Nevada, Page 738 (CHAPTER 246, SB 157)κ
or commission shall be allowed or paid on the sale of such bonds (except as herein otherwise provided). The council may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the securities.
12. This Section 4 of Article XVIII, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the acquisition of facilities and the authorization and issuance of securities hereunder. Except as provided by Section 3 of Article XVI of this charter, no other statute or law or provision of this charter with regard to the acquisition of facilities and the authorization or issuance of securities that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this Section 4 of Article XVIII shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this Section 4 of Article XVIII shall not affect the powers conferred by any other provision of this charter. No part of this Section 4 of Article XVIII shall repeal or affect any other law or part thereof, it being intended that this Section 4 of Article XVIII shall provide a separate method for the city of accomplishing its objectives, and not an exclusive one and this Section 4 shall not be construed as repealing, amending or changing any such other law. This Section 4 of Article XVIII shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 198Senator Young
CHAPTER 247
AN ACT to amend NRS 42.010, relating to punitive and exemplary damages in civil actions, by specifying in what cases exemplary damages may be allowed.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 42.010 is hereby amended to read as follows:
42.010 [In any action for the recovery of money damages, except in actions for defamation, punitive or exemplary damages may be allowed only where:
1. The defendant or defendants are guilty of actual oppression, fraud or malice; and
2. Compensatory damages are allowed.] In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
________
κ1967 Statutes of Nevada, Page 739κ
Assembly Bill No. 458Mr. Swackhamer
CHAPTER 248
AN ACT to amend the title of and to amend an act entitled An Act appropriating the sum of $50,000 to the state public hospital construction assistance fund for the purpose of constructing the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) at Battle Mountain, Lander County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto, approved March 14, 1960.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 211, Statutes of Nevada 1960, at page 377, is hereby amended to read as follows:
Section 1. For the purpose of providing moneys in the state public [hospital construction assistance fund,] health facilities construction assistance fund, created pursuant to the provisions of NRS 449.400, for the express and only purpose stated in section 2, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public [hospital construction assistance fund.] health facilities construction assistance fund.
Sec. 2. Section 2 of the above-entitled act, being chapter 211, Statutes of Nevada 1960, at page 377, is hereby amended to read as follows:
Section 2. Notwithstanding the provisions of any other law, the [state department of health] department of health and welfare, acting through the health division, shall not expend any of the moneys appropriated by section 1 except for the construction of the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) at Battle Mountain, Lander County, Nevada, pursuant to the provisions of the [Nevada Hospital Survey and Construction Act,] Nevada Health Facilities Assistance Act, being NRS 449.250 to 449.430, inclusive. As used in this section, construction has the same definition as is contained in subsection [1] 2 of NRS 449.260. If no application for a hospital construction project relating to the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) is made to the [state department of health within 8 years from the effective date of this act,] department of health and welfare by March 15, 1970, then the moneys appropriated by section 1 shall revert to the general fund in the state treasury notwithstanding the provisions of NRS 449.400.
Sec. 3. Section 3 of the above-entitled act, being chapter 211, Statutes of Nevada 1960, at page 377, is hereby amended to read as follows:
Section 3. The state controller is hereby authorized and directed to transfer the sum appropriated by section 1 forthwith from the general fund to the state public [hospital construction assistance fund.] health facilities construction assistance fund.
Sec. 4. The title of the above-entitled act, being chapter 211, Statutes of Nevada 1960, at page 377, is hereby amended to read as follows:
An Act appropriating the sum of $50,000 to the state public [hospital construction assistance fund] health facilities construction assistance fund for the purpose of constructing the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) at Battle Mountain, Lander County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.
κ1967 Statutes of Nevada, Page 740 (CHAPTER 248, AB 458)κ
construction assistance fund] health facilities construction assistance fund for the purpose of constructing the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) at Battle Mountain, Lander County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 278Senator Young
CHAPTER 249
AN ACT making an appropriation from the general fund in the state treasury to the state department of conservation and natural resources for the purposes of making certain temporary improvements in the Lake Tahoe park area; and providing other matters properly relating thereto.
[Approved April 4, 1967]
Whereas, Pursuant to the provisions of chapter 11, Statutes of Nevada 1964, as amended by chapter 121, Statutes of Nevada 1965, the State of Nevada has commenced condemnation proceedings for the acquisition of certain lands in the Lake Tahoe area for the extension, improvement and development of the state park system; and
Whereas, The State of Nevada has made a motion for an order of the court permitting the state to occupy a portion of the property which is the subject matter of the condemnation proceeding, constituting an area generally lying between State Route 28 and the shore of Lake Tahoe in an east-west dimension and extending from the south boundary of what is commonly known as Sand Harbor on the south to the north boundary of the proposed park; and
Whereas, If the motion so made is granted and the order entered the state department of conservation and natural resources must provide improvements of a temporary nature designed to make the above-described area usable as a recreational area by the spring of 1967, such temporary improvements including without limitation surveying, a complete cleanup of the shoreline, installation of sanitary facilities and enlargement and improvement of parking area and access routes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state department of conservation and natural resources the sum of $28,785 to be expended by the state department of conservation and natural resources only for the temporary improvements specified in the preamble to this act.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 741κ
Senate Bill No. 322Committee on Finance
CHAPTER 250
AN ACT relating to public employees retirement; to increase the amount of the public employees retirement board revolving fund, the amount of employees and employers contributions, and repayment privileges for certain members; to apportion the contributions of members; to establish the date on which benefits are determined; and providing other matters properly relating thereto.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.250 is hereby amended to read as follows:
286.250 1. The public employees retirement board revolving fund is hereby created in the sum of [$350,000.] $500,000.
2. The public employees retirement board revolving fund shall be used by the board for the purpose of paying retirement and disability allowances, post-retirement allowances and authorized refunds to members of the system and for no other purpose.
3. All claims or demands paid by the board from the public employees retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim of claims in favor of the public employees retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.
4. The board is directed to deposit the public employees retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.
5. All checks drawn upon the public employees retirement board revolving fund shall be signed by two persons designated by the board, and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.
Sec. 2. NRS 286.410 is hereby amended to read as follows:
286.410 1. Each employee who is a member of the system shall contribute [5 3/4] 6 percent of the gross compensation earned by him after July 1, [1963,] 1967, as a member of the system. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 6 percent contribution one-half of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and one-half of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining 5 percent shall be regarded as contributed for all other purposes.
2. Where accumulated annual leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated annual leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated annual leave period coincide.
κ1967 Statutes of Nevada, Page 742 (CHAPTER 250, SB 322)κ
shall be taken only from the greater salary for that period of time in which the new employment and accumulated annual leave period coincide.
3. Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment. However, retirement contributions may be made upon the greater of the two incomes.
4. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated by the board.
5. No portion of the contribution referred to in this section shall be used for administrative expenses.
Sec. 3. NRS 286.440 is hereby amended to read as follows:
286.440 1. Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system within 5 years after separation from previously covered employment, he may:
(a) Redeposit, with interest, all contributions previously withdrawn; or
(b) Elect to start as a new member.
2. If he should elect to repay his withdrawn contributions, an initial payment upon the withdrawn contributions must be made within 6 months after reemployment, or an agreement containing a schedule of payments must be entered into with the board within 6 months after reemployment. The entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment where the amount is $1,500 or less, and within 8 years where the amount exceeds $1,500.
3. If an employee has lost the right to repayment through failure to elect to repay the withdrawn contributions within 6 months, he may, after 5 consecutive years of contribution following his return to employment, apply to the board for permission to reinstate such previous service, and the board may permit such repayment in a lump sum if interest is paid from the date of withdrawal to the date of repayment at the interest rate being earned by the retirement fund at the date of the boards approval.
4. If the initial payment is not made or if an agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within one of the periods provided for in subsection 2 or 3, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be credited for benefits under the system; but if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of one of the periods provided for in subsection 2 and has not repaid the entire amount of such withdrawn contributions, he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions. After partial repayment pursuant to subsection 2, a member may complete his repayment within the period and under the conditions prescribed in subsection 3, and receive full credit therefor.
5. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions.
κ1967 Statutes of Nevada, Page 743 (CHAPTER 250, SB 322)κ
member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions.
6. A reemployed member, who has elected to repay his withdrawn contributions and is separated from service before any service credit is forfeited under subsection 4, may, if subsequently reemployed, restore all previous service credit by complying with the provisions of this section.
Sec. 4. NRS 286.450 is hereby amended to read as follows:
286.450 1. Each public employer shall pay into the public employees retirement fund [5 3/4] 6 percent of all gross compensation payable on or after July 1, [1963,] 1967, at intervals prescribed by the board. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 6 percent contribution one-half of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and one-half of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining 5 percent shall be regarded as contributed for all other purposes.
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.
Sec. 5. NRS 286.470 is hereby amended to read as follows:
286.470 1. Notwithstanding the provisions of NRS 286.320, service in the capacity of a member of the legislature, as a commissioner of a county participating in the system, or as a councilman of an incorporated city participating in the system, shall be service to be credited for retirement under this chapter and service credit shall be granted for the entire tenure of office, provided:
(a) That the average monthly salary of a member applying for retirement, including, as any part of his total service, service in the foregoing capacities, shall be calculated upon the basis of all sums earned in covered employment throughout the total service of the individual, and the monthly salary of a member of the legislature shall be the amount which would have been received had his total legislative salary been paid in equal monthly installments throughout his tenure in office. When service in any of the foregoing capacities shall be in excess of 5 consecutive years, the salary for the entire service in such capacity shall be deemed to be the average salary received in the 5 highest salaried consecutive years.
(b) That service in any of the foregoing capacities, prior to July 1, 1955, cannot be credited for retirement until the individual member and the public employer have paid to the public employees retirement fund and the public employees retirement administrative fund such sums as would have been paid by the individual and the public employer on behalf of the individual, had membership in the system been granted since July 1, 1948, or such date as the county or incorporated city may have entered the system.
2. Current contributions shall be paid from and after July 1, 1955, by persons in the foregoing capacities in a manner to be prescribed by the board.
κ1967 Statutes of Nevada, Page 744 (CHAPTER 250, SB 322)κ
by persons in the foregoing capacities in a manner to be prescribed by the board. Contributions shall be paid by a participating member of the legislature upon the entire sum received as salary for legislative services.
3. Members of the system who have served in the foregoing capacities [prior to July 1, 1955,] and who have reached retirement age [,] may waive service in such capacities, at their election, at the time of retirement and elect to have their allowances computed in the same manner as those of other members of the system and under the same provisions as are applicable to other members of the system.
4. The provisions of this chapter and the rules and regulations of the board, when not contradictory to the provisions of this section, shall apply equally to persons in the foregoing capacities.
Sec. 6. NRS 286.660 is hereby amended to read as follows:
286.660 1. If a person who is a member of the system [with] and has less than 2 years of accredited contributing service [as specified in NRS 286.672] or has more than 2 years of accredited service and payments are not due under NRS 286.673 to 286.677, inclusive, dies before retiring, the amount credited at the time of his death to his account in the public employees retirement fund shall be paid directly and without probate or administration to the beneficiaries which he designates.
2. Should more than one beneficiary be named, the amount standing to the credit of the member shall be distributed equally among such persons unless otherwise specifically directed by the member. Full payment by the board to persons designated as beneficiaries shall discharge the board and system completely on account of the death.
3. The death of any named beneficiary, prior to the death of the member, shall operate to distribute the share of the deceased beneficiary in equal shares to the other named beneficiaries who shall survive, but if the deceased beneficiary shall be survived by minor children the share of the deceased beneficiary shall be distributed in equal shares among such surviving minor children.
4. Should no beneficiaries survive, or should the member not designate a beneficiary, the amount otherwise due shall be paid directly to the estate of the deceased member.
Sec. 7. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All retirement or survivor benefits offered pursuant to this chapter shall become vested on the date that the employee becomes entitled to begin receiving such benefits or on the date of his death, whichever event occurs first, and all such benefits shall become fixed by the provisions of this chapter as they read on that date. Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter shall be retroactive for all service of any member prior to the date of vesting.
________
κ1967 Statutes of Nevada, Page 745κ
Senate Bill No. 229Senator Bailey
CHAPTER 251
AN ACT to amend NRS 487.060, relating to bonds required of automobile wreckers, by allowing the department of motor vehicles to set the amount of the bond.
[Approved April 4, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.060 is hereby amended to read as follows:
487.060 1. No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in [the amount of $10,000] an amount of from $1,000 to $10,000, as determined by the department, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.050 to 487.190, inclusive. The department may, by agreement with any automobile wrecker who has been in business for 5 years or more, allow a reduction in the amount of the bond of such wrecker, if the business of such wrecker has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.
2. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond.
3. The bond shall provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.050 to 487.160, inclusive, may bring an action on the bond.
________
Senate Bill No. 254Senators Bunker and Bailey
CHAPTER 252
AN ACT to amend chapter 453 of NRS, relating to narcotic drugs, by restricting the sale of exempt narcotic preparations; reducing the list of persons to whom a manufacturer or wholesaler may sell narcotic drugs; providing penalties; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.040 is hereby amended to read as follows:
453.040 1. No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the state board of pharmacy.
2. Any manufacturer or wholesaler whose records are not available in this state and who sells, furnishes or ships to any person in this state any narcotic drug or preparation exempted from the provisions of this chapter by NRS 453.090 shall forward a copy of the invoice relating to such sale, shipment or furnishing to the state board of pharmacy.
κ1967 Statutes of Nevada, Page 746 (CHAPTER 252, SB 254)κ
in this state and who sells, furnishes or ships to any person in this state any narcotic drug or preparation exempted from the provisions of this chapter by NRS 453.090 shall forward a copy of the invoice relating to such sale, shipment or furnishing to the state board of pharmacy.
Sec. 2. NRS 453.060 is hereby amended to read as follows:
453.060 1. A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders:
(a) To a manufacturer, wholesaler, or apothecary.
(b) To a physician, dentist, or veterinarian.
(c) To a person in charge of a hospital, but only for use by or in that hospital.
(d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.
2. A duly licensed manufacturer or wholesaler may sell narcotic drugs [to any of the following persons:
(a) On] , on a special written order accompanied by a certificate of exemption, as required by the federal narcotic laws, to a person in the employ of the United States Government or of any state, territorial, district, county, municipal, or insular government purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.
[(b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft, when not in port; provided, such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service.
(c) To a person in a foreign country if the provisions of the federal narcotic laws are complied with.]
3. An official written order for any narcotic drug shall be signed in duplicate by the person giving the order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein. In event of the acceptance of such order by such person, each party to the transaction shall preserve his copy of such order for a period of 2 years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of NRS 453.010 to 453.240, inclusive. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the federal narcotic laws respecting the requirements governing the use of order forms.
4. Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor.
5. A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivision thereof, [and a master or other proper officer of a ship or aircraft,] who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within this state, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of NRS 453.010 to 453.240, inclusive.
κ1967 Statutes of Nevada, Page 747 (CHAPTER 252, SB 254)κ
then only for scientific or medicinal purposes and subject to the provisions of NRS 453.010 to 453.240, inclusive.
Sec. 3. NRS 453.090 is hereby amended to read as follows:
453.090 Except as otherwise in NRS 453.010 to 453.240, inclusive, specifically provided, NRS 453.010 to 453.240, inclusive, shall not apply to the following cases:
1. Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains: [in 1 fluid ounce, or if a solid or semisolid preparation, in 1 avoirdupois ounce:
(a) Not more than one-quarter of a grain of morphine or of any of its salts;]
(a) More than one ounce of paregoric, if it has been added to not less than 3 ounces of another nonnarcotic medicinal preparation or a combination of other nonnarcotic medicinal preparations which preparations are normally used in the treatment of disorders of the stomach or bowel; and
(b) Not more than 1 grain of codeine or any of its salts [;] in 1 fluid ounce, or if a solid or semisolid preparation, in 1 avoirdupois ounce when combined with other drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone; and
(c) Not more than one of the drugs named above in paragraphs (a) and (b).
2. Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that NRS 453.010 to 453.240, inclusive, shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.
3. The exemptions authorized by this section shall be subject to the following conditions:
(a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section to any one person, or for the use of any one person or animal, any preparation or preparations included within this section when he knows, or can by reasonable diligence ascertain, that such prescribing, administering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within any 48 consecutive hours, with more than [one-half grain of morphine or any of its salts,] 1 ounce of paregoric in combination, or more than 2 grains of codeine or of any of its salts, or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of NRS 453.010 to 453.240, inclusive.
(b) The medical preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone.
(c) Such preparation shall be prescribed, administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of NRS 453.010 to 453.240, inclusive.
κ1967 Statutes of Nevada, Page 748 (CHAPTER 252, SB 254)κ
and sold in good faith as a medicine, and not for the purpose of evading the provisions of NRS 453.010 to 453.240, inclusive.
(d) All such preparations may be sold or dispensed only by a registered pharmacist.
4. Nothing in this section shall be construed to limit the kind and quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal when it is prescribed, administered, dispensed, or sold in compliance with the general provisions of NRS 453.010 to 453.240, inclusive.
Sec. 4. NRS 453.100 is hereby amended to read as follows:
453.100 1. Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs, shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.
Provided: That no record need to be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient when the amount administered, dispensed, or professionally used for that purpose does not exceed in any 48 consecutive hours:
(a) Four grains of opium; or
(b) One-half of a grain of morphine or of any of its salts; or
(c) Two grains of codeine or of any of its salts; or
(d) [One-fourth of a grain of heroin or of any of its salts; or
(e)] One grain of extract of cannabis or 1 grain of any more potent derivative or preparation of cannabis; or
[(f)] (e) A quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency any one of the drugs named above in the quantity stated.
2. Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section.
3. Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section.
4. Every person who purchases for resale, or who sells narcotic drug preparations exempted by NRS 453.090, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection 5 of this section.
5. The form of records shall be prescribed by the state board of pharmacy. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L.,
κ1967 Statutes of Nevada, Page 749 (CHAPTER 252, SB 254)κ
quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L., from which the resin has not been extracted, received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which sold, administered or dispensed, the purpose for which the narcotic drug preparation is to be used, the signature and address of the purchaser, the initials of the person making the sale, and the kind and quantity of drugs. Every such record shall be kept for a period of 2 years from the date of the transaction recorded [.] and shall be open to inspection by all authorized law enforcement officers. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft.
Sec. 5. NRS 453.220 is hereby amended to read as follows:
453.220 1. No person shall be prosecuted for a violation of any provision of NRS 453.010 to 453.240, inclusive, if such person has been acquitted or convicted under the federal narcotic laws of the same act or omission which, it is alleged, constitutes a violation of NRS 453.010 to 453.240, inclusive.
2. The provisions of subsection 1 shall not apply to prohibit any licensing board within this state from proceeding administratively to suspend or revoke any certificate, license or permit held by any person who has been convicted of a violation of the federal narcotic laws.
Sec. 6. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8, of this act.
Sec. 7. Prior to the sale at retail of any narcotic preparation exempt pursuant to NRS 453.090, the registered pharmacist shall determine, to his satisfaction, that such narcotic preparation is to be used for legitimate purposes in the treatment of an illness.
Sec. 8. 1. It is unlawful for any person to procure or purchase more than one quantity of any narcotic preparation exempt pursuant to NRS 453.090 within any 48-hour period. Each purchase in excess of the quantity allowable pursuant to NRS 453.090 within any 48-hour period constitutes a separate and distinct offense.
2. Any person violating the provisions of subsection 1 is guilty:
(a) For the first offense, of a misdemeanor.
(b) For the second and any subsequent offense, of a gross misdemeanor.
________
κ1967 Statutes of Nevada, Page 750κ
Assembly Bill No. 36Committee on Elections
CHAPTER 253
AN ACT to amend NRS 269.380, relating to the conduct of elections for and issuance of sewerage bonds of unincorporated towns and cities, by eliminating language in conflict with the general election laws.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.380 is hereby amended to read as follows:
269.380 1. [The board shall cause a sufficient number of ballots to be printed which shall bear the words Sewerage Bonds-Yes, and Sewerage Bonds-No, printed thereon in parallel lines, one above the other.
2.] The election shall be conducted and the votes canvassed, in all essential particulars as in other city and town elections.
[3.] 2. If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners, acting as such city or town board, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of NRS 269.365 to 269.395, inclusive. The bonds shall be redeemable, in the order of their issue, not less than 3 years nor more than 15 years from the date of their issue, respectively.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 314Senator Farr
CHAPTER 254
AN ACT relating to crimes and responsibilities concerning fires; to clarify certain requirements concerning spark arrestors; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 475.060 is hereby amended to read as follows:
475.060 [Every person who shall operate or permit to be operated in dangerous proximity to any brush, grass or other inflammable material any engine or boiler which is not equipped with a modern spark arrester in good condition shall be guilty of a misdemeanor.] 1. Every person, firm, corporation or association which uses or permits to be used any internal combustion engine which is operated on hydrocarbon fuels on any grass, brush or forest-covered land without providing, and maintaining in effective order, a spark arrestor attached to the exhaust system is guilty of a misdemeanor.
2. For the purposes of this section, a spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing or retaining carbon and other flammable materials over 0.232 inch in size from the exhaust flow of an internal combustion engine that is operated on hydrocarbon fuels.
κ1967 Statutes of Nevada, Page 751 (CHAPTER 254, SB 314)κ
in size from the exhaust flow of an internal combustion engine that is operated on hydrocarbon fuels.
3. Motortrucks, truck tractors, buses and passenger vehicles, except motorcycles, are not subject to the provisions of this section if the exhaust system is equipped with an adequate and properly maintained muffler in constant operation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 332Clark County Delegation
CHAPTER 255
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 29 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 377, Statutes of Nevada 1963, at page 824, is hereby amended to read as follows:
Section 29. The Municipal Court-Jurisdiction of-Coextensive and Concurrent Jurisdiction of Judges. One department of the municipal court shall be presided over by the elected municipal judge. Other departments of the municipal court shall be presided over by municipal judges appointed by the mayor, which judges shall possess the same qualifications required for the elected municipal judge and shall receive such compensation as may be determined by the mayor and board of commissioners. All municipal judges shall possess equal coextensive and concurrent jurisdiction and power. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for a justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of the city or of this act, or of a violation of a municipal nature, and the court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the city, and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have jurisdiction to hear, try, and determine all cases whether civil or criminal, for the breach or violation of any city ordinance or any provision of this act of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, punish, or hold to bail in accordance with the provisions of such ordinances or of this act. The practice and proceedings of the court shall conform, as nearly as practicable, to the practice and proceedings of the justices courts in similar cases.
κ1967 Statutes of Nevada, Page 752 (CHAPTER 255, SB 332)κ
and proceedings of the justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of the city at the rate of one day for every [two] four dollars of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of the city at a rate of [two] four dollars for each day of the sentence which shall apply on such fine until the same shall be exhausted or otherwise satisfied. The court shall have jurisdiction of actions for the collection of taxes and assessments levied for city purposes, by the city for such services, when the principal sum claimed does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes, assessments, and charges where the principal sum claimed does not exceed three hundred dollars; also, of actions for the collection of any money payable to the city when the principal sum claimed does not exceed three hundred dollars; and actions for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justices courts. The court shall have jurisdiction of the following offenses committed within the city which either violate the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dogfights, cockfights, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior and all disorderly, offensive, or approbrious conduct and all other offenses under ordinances of the city. The court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the powers and jurisdiction of the court and for the enforcement of its judgment, and may punish for contempt in like manner and with the same effect as if provided by the general law for a justice of the peace. Each municipal judge shall keep a docket in which shall be entered all official business in like manner as in justices courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city treasurer all fines collected and moneys received on behalf of the city since his last report.
κ1967 Statutes of Nevada, Page 753 (CHAPTER 255, SB 332)κ
collected and moneys received on behalf of the city since his last report. In all cases in which a municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, and no other municipal judge of the city is qualified to act, any justice of the peace of Clark County, or any person who possesses the qualification prescribed by this act for the office of municipal judge, on the written request of the mayor, may act in the place and stead of such municipal judge. The commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, provided, that the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of the municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe. Appeals to the district court may be taken from any final judgment of the municipal court in the same manner and with the same effect as in cases of appeal from justices courts in civil and criminal cases, as the case may be. All warrants, writs, and process issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 344Senator Dodge
CHAPTER 256
AN ACT to amend chapter 78 of NRS, relating to private corporations, by adding a new section providing for the escheat of dividends not claimed by the stockholder.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A dividend declared by a corporation subject to this chapter shall escheat to and be vested in the State of Nevada when:
1. The stockholder is a corporation whose charter has expired or has been revoked and no stockholder or successor claims the dividend within 7 years from the date of its declaration.
2. The stockholder is an individual or association other than a corporation and no lawful claim is made upon the dividend within 7 years from the date of its declaration.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 754κ
Senate Bill No. 387Senator Dodge
CHAPTER 257
AN ACT to repeal NRS 318.096, relating to annual audits of general improvement district accounts.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.096 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 412Senator Gibson
CHAPTER 258
AN ACT to amend an act entitled An Act to reorganize and reincorporate the City of Henderson, a municipal corporation, in Clark County, Nevada; providing definitions of words and terms and for such reorganization and reincorporation; defining the boundaries of the city and providing for wards and annexation of additional territory; granting general and specific powers to the city; providing for the offices of mayor, councilmen, city manager, city clerk, city treasurer, city auditor, city assessor, city attorney and police judge, and specifying the powers, duties and compensation of such officers; creating departments and other officers within the municipal government and defining their powers and duties; providing for revenue, finances, municipal bonds and franchises, local improvements, elections, a civil service system; providing general and transitional provisions and for the imposition of fines and penalties; repealing certain acts; and providing other matters properly relating thereto, approved March 30, 1965, as amended.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 49 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 454, is hereby amended to read as follows:
Section 49. Residence. 1. At the time of his appointment the city manager need not be a resident of the city or state, but, except as [hereinafter] provided [,] in subsection 2, during his tenure of office he shall reside within the city.
2. If a person is appointed city manager who is not a resident of the city he shall become a resident of and reside within the city within 6 months of the date of his appointment. In the event of hardship or other extenuating circumstances the council may extend the period of nonresidence authorized in this subsection for any length of time deemed reasonable by the council.
Sec. 2. Section 50 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 454, is hereby amended to read as follows:
Section 50. Salary. The city manager shall receive the salary prescribed by [ordinance.] resolution of the council.
κ1967 Statutes of Nevada, Page 755 (CHAPTER 258, SB 412)κ
Sec. 3. Section 56 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 456, is hereby amended to read as follows:
Section 56. Appointment; salary; residence; duties. The city clerk shall:
1. Be appointed by the majority of the whole council, and shall serve at the pleasure of the council.
2. [Reside] Except as otherwise provided in this subsection, reside within the city during the term of his employment. In the event of hardship or other extenuating circumstances the council may waive the residence requirement of this subsection for any length of time deemed reasonable by the council.
3. Receive the salary fixed by resolution of the council.
4. Keep his office at the place of meeting of the council, or some other place convenient thereto, as the council may direct.
5. Keep the corporate seal and all papers and records of the city.
6. Keep a record of the proceedings of the council, whose meetings he shall attend.
7. Countersign all contracts made in behalf of the city. Any contract to which the city is a party shall be void unless countersigned by the city clerk.
8. Cause to be published quarterly in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city, a statement of the finances of the city. The statement shall be signed by the major and attested by the city clerk.
9. Act as ex officio city treasurer until a city treasurer or other financial officer of the city is appointed pursuant to the provisions of section 58.
Sec. 4. Section 58 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 456, is hereby amended to read as follows:
Section 58. Appointment; salary; residence; duties.
1. With the concurrence of a majority of the full council the city manager may appoint a city treasurer or other financial officer of the city.
2. The city treasurer or financial officer shall:
(a) Receive the salary fixed by resolution of the council and shall perform such duties as are prescribed by ordinance.
(b) [Reside] Except as otherwise provided in this paragraph, reside within the city during the term of his employment. In the event of hardship or other extenuating circumstances the council may waive the residence requirement of this paragraph for any length of time deemed reasonable by the council.
Sec. 5. Section 59 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 457, is hereby amended to read as follows:
Section 59. Appointment; salary; residence; duties.
1. With the approval of a majority of the full council, the city manager shall appoint a city auditor. The city auditor shall: [receive the salary fixed by the council, and shall reside within the city during the term of his employment.]
(a) Receive the salary fixed by resolution of the council.
(b) Except as otherwise provided in this paragraph, reside within the city during the term of his employment. In the event of hardship or other extenuating circumstances the council may waive the residence requirement of this paragraph for any length of time deemed reasonable by the council.
κ1967 Statutes of Nevada, Page 756 (CHAPTER 258, SB 412)κ
extenuating circumstances the council may waive the residence requirement of this paragraph for any length of time deemed reasonable by the council.
2. The city auditor shall:
(a) Draw and countersign all orders upon the city treasurer in pursuance of any order or resolution of the council, and keep a full and accurate account thereof in books provided for that purpose.
(b) Make monthly reports to the council of the financial condition of the city.
(c) Make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the council as shall secure the payment of the principal and interest of such bonds.
(d) Annually on or before March 1, report to the council an estimate of the expenses of the city and of the revenue necessary to be raised for the next fiscal year.
(e) Keep regular books of account in which he shall enter all indebtedness of the city, and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the council, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding.
(f) Keep all accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue and the amounts which they have disbursed under the direction of the council.
(g) Examine all reports, books, papers, vouchers and accounts of the city treasurer or financial officer, if there is one.
(h) Audit all claims and demands against the city before they are allowed by the council.
(i) Keep a record of claims presented and the action of the council thereon.
(j) Keep a book, properly indexed, in which he shall enter all contracts. Such book shall be open to public inspection.
(k) Perform such other duties as the council may provide by ordinance.
Sec. 6. Section 63 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 458, is hereby amended to read as follows:
Section 63. Salary. The city attorney shall receive the salary prescribed by [ordinance.] resolution of the council.
Sec. 7. Section 81 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 462, is hereby amended to read as follows:
Section 81. Chief of police: Appointment, residence.
1. There shall be a chief of police of the city appointed by the city manager subject to the approval of a majority of the full council. [The]
2. Except as otherwise provided in this subsection, the chief of police shall reside within the city during the term of his employment. In the event of hardship or other extenuating circumstances the council may waive the residence requirement of this subsection for any length of time deemed reasonable by the council.
κ1967 Statutes of Nevada, Page 757 (CHAPTER 258, SB 412)κ
Sec. 8. Section 83 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 462, is hereby amended to read as follows:
Section 83. Chief of police: Salary. The chief of police shall receive the salary prescribed by resolution of the council.
Sec. 9. Section 87 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 463, is hereby amended to read as follows:
Section 87. Chief of the fire department: Qualifications; appointment; residence; salary.
1. There shall be a chief of the fire department appointed by the city manager, subject to approval of a majority of the full council. [The] Except as otherwise provided in this subsection, the chief of the fire department shall reside within the city during the term of his employment. In the event of hardship or other extenuating circumstances the council may waive the residence requirement of this subsection for any length of time deemed reasonable by the council.
2. The chief of the fire department shall:
(a) Be at least 35 years of age and a citizen of the United States of America.
(b) Have been actively engaged in fire prevention or fire protection work for a period of not less than 5 years, [continuously,] 3 years of which have been in a supervisory capacity preceding his appointment.
3. The chief of the fire department shall receive the salary prescribed by resolution of the council.
Sec. 10. Section 89 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 463, is hereby amended to read as follows:
Section 89. Director: Appointment; residence.
1. A director of the department of public works shall be appointed by the city manager, subject to confirmation by a majority of the full council. [The]
2. Except as otherwise provided in this subsection, the director of the department of public works shall reside within the city during the term of his employment. In the event of hardship or other extenuating circumstances the council may waive the residence requirement of this subsection for any length of time deemed reasonable by the council.
Sec. 11. Section 91 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 464, is hereby amended to read as follows:
Section 91. Director: Salary. The director of the department of public works shall receive the salary prescribed by resolution of the council.
Sec. 12. Section 96 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 464, is hereby amended to read as follows:
Section 96. Health officer: Salary. The health officer shall receive the salary prescribed by [ordinance.] resolution of the council.
Sec. 13. Section 106 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 467, is hereby amended to read as follows:
Section 106. Limitations on incurring indebtedness; contracts.
1. Except as [otherwise provided in this charter,] provided in Nevada Revised Statutes, no [debts] debt shall be created, directly or indirectly, nor shall any contract made by or on behalf of the city be valid for any amount exceeding the revenue for the year in which the debt is incurred or the contract made.
κ1967 Statutes of Nevada, Page 758 (CHAPTER 258, SB 412)κ
indirectly, nor shall any contract made by or on behalf of the city be valid for any amount exceeding the revenue for the year in which the debt is incurred or the contract made.
2. If any debt is created against the city contrary to the provisions of this charter by the council, such debt, claim or obligation shall be void as against the city or any of its funds, but every councilman knowingly voting in favor of the same shall be held personally liable jointly and severally for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed from office.
Sec. 14. Section 109 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 468, is hereby amended to read as follows:
Section 109. Sale, lease, exchange of city-owned land: Procedure; disposition of proceeds.
1. Subject to the provisions of this section, the power heretofore granted to the city by the legislature to sell, lease or exchange real property by the provisions of chapter [27,] 271, Statutes of Nevada 1957, chapter 3, Statutes of Nevada 1959, and chapter 202, Statutes of Nevada 1963, is hereby continued with respect to real property in Clark County, Nevada, heretofore or hereafter acquired by the city by patent from the United States of America pursuant to federal law and not required by the city for governmental purposes.
2. It shall be the policy of the council to lease, sell and exchange such real property owned by the city in a manner that will result in the maximum benefit accruing to the city from such leases, sales and exchanges.
3. The city shall sell, lease or exchange real property only by resolution. No lease [,] for a term of 3 years or longer, sale or exchange of real property belonging to the city shall be made until after it has been appraised by three disinterested appraisers employed by the council. [At least one of the appraisers shall be a member of the American Institute of Real Estate Appraisers.]
4. Leases [,] for terms of 3 years or longer, sales and exchanges of city-owned real property shall only be made at or above the current appraised fair market value as determined by the appraisal required by subsection 3. Leases for terms of less than 3 years may be made without an appraisal required by subsection 3 after adoption of a resolution by the council. The council may attach any conditions to the sale, lease or exchange of real property owned by the city as may appear to the council to be in the best interest of the city.
5. Following the adoption of a resolution by the council proposing to sell, lease for a term of 3 years or longer or exchange certain real property as required by subsection 3, the council shall cause a notice of the councils intention to sell, lease or exchange such real property to be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city. The notice shall be published at least 30 days prior to the date set by the council for such sale, lease or exchange, and shall state:
κ1967 Statutes of Nevada, Page 759 (CHAPTER 258, SB 412)κ
(a) The date, time and place of the proposed sale, lease or exchange.
(b) The place where and the time within which applications and deposits shall be made by prospective purchasers or lessees.
(c) Such other information as the council may desire.
6. The council is authorized to sell unimproved real property owned by the city on a time payment basis. The down payment shall be in an amount determined by the council and the interest rate shall be in an amount determined by the council but shall not be less than 6 percent per annum on the declining balance.
7. Notwithstanding the provisions of this section, the council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County or any other political subdivision of the state at a nominal consideration whenever the public interest requires such a disposition.
8. Proceeds from all sales and exchanges of city-owned real property, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, shall be placed in the land fund heretofore created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 9, the land fund shall be expended only for: [capital improvements or improvements thereon in the city, as distinguished from operation and maintenance costs.]
(a) Acquisition of fixed assets, which means acquisition of assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture and other equipment;
(b) Capital improvements or improvements thereon;
(c) Expenses incurred in the preparation of a long-term, comprehensive master planning study and any expenses incurred in the master planning of the city;
(d) All costs, including salaries, of administration of the land fund and the land within the city; and
(e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.
Revenues received from leases of city-owned real property shall be placed in the land fund if the term of lease is 20 years or longer, whether such 20 years is for an initial term of lease or for an initial term and any option for renewal. Revenue received by the city from all other leases and interest on time payment sales of city-owned real property shall be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as may be determined by the council.
9. If available, moneys in the land fund may be borrowed by the city by an emergency loan effected pursuant to the provisions of NRS 354.410 to 354.460, inclusive.
Sec. 15. The above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 438, is hereby amended by adding thereto to a new section to Article XVIII to be designated as section 109.1, which shall immediately follow section 109 and shall read as follows:
κ1967 Statutes of Nevada, Page 760 (CHAPTER 258, SB 412)κ
Section 109.1. Approval of land appraisals, sales, leases and exchanges.
1. All sales, leases and exchanges of land by the city acquired pursuant to the provisions of chapter 271, Statutes of Nevada 1957, chapter 3, Statutes of Nevada 1959, and chapter 202, Statutes of Nevada 1963, are hereby validated and approved.
2. All appraisals concerning sales, leases and exchanges of land made prior to the effective date of this amendatory act are hereby validated and approved notwithstanding the fact that a member of the American Institution of Real Estate Appraisers was not employed by the city when such appraisals were made.
Sec. 16. Section 110 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 470, is hereby amended to read as follows:
Section 110. City debt limit. The city shall not issue or have outstanding at any time an indebtedness in an amount in excess of [10] 15 percent of the total assessed valuation of the taxable property within the corporate limits of the city as shown by the last preceding assessment for general (ad valorem) tax purposes, excepting from the operation of this limitation:
1. Warrants or other securities which are payable upon presentation or demand or within 1 year after the date thereof and securities payable from special assessments against benefited property whether issued pursuant to any general or special act, irrespective of whether such special assessment securities may or may not also be payable from general (ad valorem) taxes; and
2. Securities issued pursuant to any general or special act the principal and interest of which is payable solely from any revenues or combination of revenues of the city derived from other than general (ad valorem) taxes.
Sec. 17. The above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 438, is hereby amended by adding thereto a new section to be designated as section 6.3, which shall immediately follow section 6 and shall read as follows:
Section 6.3. Boundaries extended. In addition to the property described in section 6 and any property annexed to the city pursuant to the provisions of section 8, the boundaries of the city shall include all the inhabitants, lands, tenements and property embraced within the following-described property within Clark County, Nevada:
1. All of sections 19 and 20, T. 22 S., R. 62 E., M.D.B. & M.; and
2. All of sections 27 and 34, T. 22 S., R. 63 E., M.D.B. & M.
Sec. 18. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 761κ
Senate Bill No. 419Clark County Delegation
CHAPTER 259
AN ACT to be designated as the 1967 Colorado River Commission of Nevada Validation Act; validating, ratifying, approving and confirming contracts and conveyances made by the Colorado River commission of Nevada relating to the use of water of the Colorado River by and lands conveyed to the Southern California Edison Company; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known as the 1967 Colorado River Commission of Nevada Validation Act.
Sec. 2. The contracts entered into between the State of Nevada by and through the Colorado River commission of Nevada, the United States of America by and through the Department of the Interior and Southern California Edison Company, a corporation created and organized under the laws of the State of California, and now qualified and doing business in the State of Nevada, and the grant deed conveying title to certain lands to Southern California Edison Company, as follows:
1. Contract for Delivery of Water dated October 26, 1966, between the United States of America and the Colorado River commission of Nevada;
2. Water User Contract dated October 26, 1966, between the Colorado River commission of Nevada and Southern California Edison Company;
3. Land Purchase Contract dated June 27, 1966, between the Colorado River commission of Nevada and Southern California Edison Company, as amended by Amendment No. 1 dated August 26, 1966, and by Amendment No. 2 dated September 30, 1966;
4. The grant deed from the State of Nevada, acting by and through the Colorado River commission of Nevada, to Southern California Edison Company, dated October 26, 1966, and recorded October 26, 1966, as Instrument No. 606206 in Book 754 of Official Records;
5. The Contract for an Option dated October 14, 1965, between the Colorado River commission of Nevada and Southern California Edison Company; and
6. All acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the State of Nevada through the Colorado River commission of Nevada, under law or under color of law preliminary to and in the authorization, execution, sale, issuance, performance and delivery, now existing or hereafter arising,
are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and resolutions appertaining thereto, notwithstanding any defects and irregularities in such acts, proceedings, execution and terms of such contracts and grant deed, and such contracts and grant deed shall be binding, legal, valid and enforcible, notwithstanding any defects or irregularities or any proceedings not had nor taken, nor purportedly had, and not withstanding non-compliance with laws or regulations appertaining to the execution of such contracts and grant deed by such commission.
κ1967 Statutes of Nevada, Page 762 (CHAPTER 259, SB 419)κ
Sec. 3. This act shall operate to supply such legislative authority or commission authority as will be necessary to validate the contracts and grant deed described in section 2 of this act, and any and all such acts, proceedings, defects or irregularities which could have been supplied or performed under the law under which such contracts and grant deed were executed.
Sec. 4. This act being necessary to secure the public confidence, welfare and interests, it shall be liberally construed to effect its purposes.
Sec. 5. If any section, paragraph, clause, provision or word of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibilty of the same shall not affect any of the remaining portion of this act.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 422Senator Young
CHAPTER 260
AN ACT relating to trusts; to provide for additions by will to existing trusts; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Sections 2 to 5, inclusive, of this act may be cited as the Uniform Testamentary Additions to Trusts Act.
Sec. 3. 1. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts), if the trust is identified in the testators will and the terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testators will, or in the valid last will of a person who has predeceased the testator (regardless of the existence, size or character of the corpus of the trust).
2. The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended by the terms of the will after the execution of the will or after the death of the testator.
3. Unless the testators will provides otherwise, the property so devised or bequeathed:
(a) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of testators will) and, if the testators will so provides, including any amendments to the trust made after the death of the testator.
κ1967 Statutes of Nevada, Page 763 (CHAPTER 260, SB 422)κ
provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of testators will) and, if the testators will so provides, including any amendments to the trust made after the death of the testator.
4. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.
Sec. 4. Sections 2 to 5, inclusive, of this act shall apply to all wills probated after the effective date of this act, regardless of the date of the execution of the will.
Sec. 5. Sections 2 to 5, inclusive, of this act shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Sec. 6. NRS 163.010 is hereby amended to read as follows:
163.010 [This chapter] NRS 163.010 to 163.210, inclusive, may be cited as the Uniform Trusts Act.
Sec. 7. NRS 163.020 is hereby amended to read as follows:
163.020 As used in [this chapter] NRS 163.010 to 163.210, inclusive, unless the context or subject matter otherwise requires:
1. Affiliate means any person directly or indirectly controlling or controlled by another person, or any person under direct or indirect common control with another person. It includes any person with whom a trustee has an express or implied agreement regarding the purchase of trust investments by each from the other, directly or indirectly, except a broker or stock exchange.
2. Person means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest.
3. Relative means a spouse, ancestor, descendent, brother, or sister.
4. Trust means an express trust only.
5. Trustee means the person holding property in trust and includes trustees, a corporate as well as a natural person and a successor or substitute trustee.
Sec. 8. NRS 163.180 is hereby amended to read as follows:
163.180 A court of competent jurisdiction may, for cause shown and upon notice to the beneficiaries, relieve a trustee from any or all of the duties and restrictions which would otherwise be placed upon him by [this chapter,] NRS 163.010 to 163.210, inclusive, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for violation of the provisions of [this chapter.] NRS 163.010 to 163.210, inclusive.
Sec. 9. NRS 163.190 is hereby amended to read as follows:
163.190 If a trustee violates any of the provisions of [this chapter,] NRS 163.010 to 163.210, inclusive, he may be removed and denied compensation in whole or in part; and any beneficiary, cotrustee, or successor trustee may treat the violation as a breach of trust.
Sec. 10. NRS 163.200 is hereby amended to read as follows:
163.200 [This chapter] NRS 163.010 to 163.210, inclusive, shall be so interpreted and construed as to effectuate [its] their general purpose to make uniform the law of those states which enact [it.] them.
Sec. 11. NRS 163.210 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 764 (CHAPTER 260, SB 422)κ
163.210 [This chapter] NRS 163.010 to 163.210, inclusive, shall take effect June 1, 1941, and shall apply only to testamentary trusts created by wills or codicils executed after June 1, 1941, and to nontestamentary trusts created after June 1, 1941.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 430Senator Dodge
CHAPTER 261
AN ACT to amend an act entitled An Act fixing the minimum and maximum salary limitations for officers of Churchill County, Nevada; providing for the appointment of deputies; providing for certain travel expenses; and providing for the collection and accounting of fees; to repeal chapter 316, Statutes of Nevada 1953, as amended, relating to compensation and fees of Churchill County officers; and providing other matters properly relating thereto, approved April 2, 1963.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 193, Statutes of Nevada 1963, at page 306, is hereby amended to read as follows:
Section 1. The following-named officers of Churchill County, Nevada, shall receive in full payment for all services rendered by them the following salaries to be fixed by the board of county commissioners within the minimum and maximum amounts as follows:
1. [The] Until January 1, 1969, the sheriff and ex officio license collector shall receive a salary of not less than $5,700 or more than [$7,000] $7,500 per annum, and his actual travel expenses in criminal cases. On and after January 1, 1969, the sheriff and ex officio license collector shall receive a salary of not less than $5,700 or more than $7,900 per annum, and his actual travel expenses in criminal cases. He shall pay to the county treasurer on or before the 5th day of each month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
2. The county recorder and ex officio auditor shall receive a salary of not less than $5,700 or more than [$7,000] $7,500 per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the 5th day of each month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.
κ1967 Statutes of Nevada, Page 765 (CHAPTER 261, SB 430)κ
3. The county assessor shall receive a salary of not less than $5,700 or more than [$7,000] $7,500 per annum.
4. The county clerk and ex officio clerk of the board of county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive a salary of not less than $5,700 or more than [$7,000] $7,500 per annum.
5. [The] Until January 1, 1969, the county commissioners shall receive a salary of not more than [$2,400] $2,700 per annum each. On and after January 1, 1969, the county commissioners shall receive a salary of not more than $3,000 per annum each.
6. The district attorney shall receive a salary of not less than $5,700 or more than [$7,000] $7,500 per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.
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Assembly Bill No. 399Committee on Federal, Indian and Military Affairs
CHAPTER 262
AN ACT to amend chapter 598 of NRS, relating to trade regulations and practices, by adding a new section prohibiting the sale of imitation Indian arts and crafts that are not clearly labeled as imitation; providing a penalty; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Imitation Indian arts or crafts articles means those made by machine, or made either wholly or partially out of synthetic or artificial materials, or articles which are not made by Indian labor or workmanship.
(b) Indian means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.
2. No person may distribute, sell or offer for sale in this state any imitation Indian art or craft articles unless the articles are at all times clearly and legibly designated as imitation.
3. Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed authentic Indian arts or crafts articles.
4. Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 766κ
Senate Bill No. 431Senator Dodge
CHAPTER 263
AN ACT to amend an act entitled An Act relating to the County Motor Vehicle Fuel Tax Law; to require regional street and highway commissions in counties with populations of less than 25,000 to submit certain reports and plans to the Nevada tax commission and the state highway engineer; and providing other matters properly relating thereto, approved March 10, 1967.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 96, Statutes of Nevada 1967, is hereby amended to read as follows:
Section 3. In counties having a population of less than 25,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall submit an annual report to the Nevada tax commission for the fiscal year showing the amount of receipts from the county motor vehicle fuel tax and the nature of the expenditures for each project.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 313Senator Herr
CHAPTER 264
AN ACT to amend chapter 111 of NRS, relating to estates in property, conveyancing and recording, by adding new sections providing for recordation of master form mortgages or deeds of trust and incorporation of their provisions by reference in subsequently recorded instruments, and for recordation of only part of an instrument under certain conditions; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A mortgage or deed of trust of real property may be recorded and be constructive notice of such mortgage or deed of trust and the contents thereof in the following manner:
1. Any person may record in the office of the county recorder of any county master form mortgages and deeds of trust of real property, which:
(a) Need not be acknowledged or proved or certified to be recorded or entitled to record.
(b) Shall have noted upon the face thereof that they are master forms.
(c) Shall be indexed and recorded by the county recorder in the same manner as other mortgages and deeds of trust are recorded, and the county recorder shall note on all indices and records of such documents that they are master forms.
κ1967 Statutes of Nevada, Page 767 (CHAPTER 264, SB 313)κ
county recorder shall note on all indices and records of such documents that they are master forms.
2. Thereafter, any of the provisions of any such recorded master form mortgage or deed of trust may be included for any and all purposes in any mortgage or deed of trust by reference therein to any such provisions, without setting them forth in full, if such master form mortgage or deed is of record in the county in which the mortgage or deed of trust adopting or including by reference any of the provisions of such master form mortgage or deed of trust is recorded.
3. Such reference shall contain a statement as to the following:
(a) Each county in which the mortgage or deed of trust containing such a reference is recorded;
(b) The date such master form mortgage or deed of trust was recorded;
(c) The county recorders office where the master form mortgage or deed of trust is recorded, and the book or volume and the first page of the records in the recorders office wherein and at which any such master form mortgage or deed of trust was recorded; and
(d) By paragraph numbers or any other method that will definitely identify such provisions, the specific provisions of any such master form mortgage or deed of trust that are being so adopted and included therein.
4. The recording of any such mortgage or deed of trust which has included therein any such provisions by reference as provided in this section shall operate as constructive notice of the whole of such mortgage or deed of trust, including the terms, as a part of the written contents of any such mortgage or deed of trust, of any such provisions so included by reference as though such provisions were written in full therein.
5. The parties bound or to be bound by provisions so adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions had been and were set forth in full in any such mortgage or deed of trust.
Sec. 3. A document or paper may be presented for the recordation of only a part of its contents if:
1. The part to be recorded is a mortgage or deed of trust, entitled to recordation, which refers to and incorporates:
(a) Provisions of a master form mortgage or deed of trust as authorized by section 2 of this act; or
(b) Provisions of some other instrument previously recorded in the office of any county recorder; and
2. The part not to be recorded is separated from the part to be recorded and clearly marked do not record or not to be recorded or the like.
The county recorder shall record only the mortgage or deed of trust set forth on such document or paper.
________
κ1967 Statutes of Nevada, Page 768κ
Senate Bill No. 201Senator Slattery
CHAPTER 265
AN ACT relating to water pollution; requiring the adjustment of the fluoride concentration of water after an approving vote of a majority of the consumers thereof; providing a penalty; providing for the manner of election; providing exceptions; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 445.030 is hereby amended to read as follows:
445.030 Every owner, agent, manager, operator or other person having charge of any waterworks furnishing water for public [or private] use who shall: [knowingly permit]
1. Knowingly permit any act or omit any duty or precaution by reason whereof the purity or healthfulness of the water supplied shall become impaired [shall be] is guilty of a gross misdemeanor.
2. Fail to adjust the naturally occurring fluoride concentration of the water to levels recommended by public health authorities when there has been approval by a majority of the votes cast pursuant to section 7 of this act, or who shall adjust such concentration if such approval has not been obtained, is guilty of a misdemeanor. The provisions of this subsection do not apply to purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
Sec. 2. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3. Whenever the governing body of any city or town or the board of county commissioners receives a written proposal from a supplier of water, public health authorities or from any person or persons that the naturally occurring fluoride concentration of the water be adjusted to levels recommended by public health authorities, such governing body or board may, in its discretion, give notice of such proposal and the geographical area in which the water is distributed, to the county clerk of each county in which any water so affected is distributed.
Sec. 4. Upon receipt of such notice, each county clerk shall cause such proposal to be published and submitted to the appropriate registered voters, as specified in section 5 of this act, in the manner provided by the general election laws for the submission of questions. If required to carry out the provisions of section 5 of this act, such proposal shall appear on a separate ballot.
Sec. 5. The proposal shall be submitted at the next general election to the registered voters of each political subdivision or precinct in which the water affected is distributed.
Sec. 6. 1. Upon completion of the canvass of the vote, the county clerk shall certify the number of votes cast for and against the proposal to:
(a) The supplier, if the water affected is distributed in but one county.
(b) The secretary of state, if the water affected is distributed in more than one county.
κ1967 Statutes of Nevada, Page 769 (CHAPTER 265, SB 201)κ
2. If such results are certified to the secretary of state, he shall compile the results from all counties affected and certify to the supplier the number of votes cast for and against the proposal.
Sec. 7. The supplier may proceed to put the proposal into effect only if a majority of all the votes cast upon the question were cast for the proposal.
Sec. 8. The provisions of sections 3 to 7, inclusive, of this act do not apply to purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 248Committee on Judiciary
CHAPTER 266
AN ACT relating to private corporations; permitting less than three members on an initial or reduced board of directors.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.035 is hereby amended to read as follows:
78.035 The certificate or articles of incorporation shall set forth:
1. The name of the corporation, which shall not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in NRS 78.040, unless the written acknowledged consent of such other corporation or person for whom such name is reserved to the adoption of such name is filed with the articles. A name appearing to be that of an individual and containing a given name or initials shall not be used as a corporate name except with an additional word or words such as Incorporated, Limited, Inc., Ltd., Company, Co., Corporation, Corp., or other word which identifies it as not being an individual.
2. The name of the county, and of the city or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable; and if not so described as to be easily located within the county, city or town, the secretary of state shall refuse to issue his certificate until such location is marked and established.
3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It shall be a sufficient compliance with this subsection to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any.
κ1967 Statutes of Nevada, Page 770 (CHAPTER 266, SB 248)κ
subject to expressed limitations, if any. Such statement shall make all lawful activities within the objects or purposes of the corporation.
4. The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist; or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there shall be set forth therein a description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there shall be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price or otherwise; but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by NRS 78.195.
5. Whether the members of the governing board shall be styled directors or trustees of the corporation, and the number, names and post office addresses of the first board of directors or trustees, which shall not be less than three [;] unless the articles set forth that the initial number of stockholders will be less than three; together with any desired provisions relative to the right to change the number of directors as provided by NRS 78.330.
6. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in shall be subject to assessment to pay the debts of the corporation, and unless provision is made in such original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock, and no stock issued as fully paid up, shall ever by assessable, or assessed, and the articles of incorporation shall not be amended in this particular.
7. The name and post office address of each of the incorporators signing the certificate or articles of incorporation.
8. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.
9. The certificate or articles of incorporation may also contain any provisions, not contrary to the laws of this state, which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the corporation.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 771κ
Senate Bill No. 331Clark County Delegation
CHAPTER 267
AN ACT to amend chapter 349 of NRS, concerning state borrowing and bonds, by adding new sections relating to the borrowing of money and the incurrence of obligations by the State of Nevada, and to the evidencing of such obligations by the issuance of bonds and other securities of the state, and also relating to taxes and other revenues for their payment 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 April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 109, inclusive, of this act.
Sec. 2. Sections 2 to 109, inclusive, of this act shall be known as the State Securities Law.
Sec. 3. It is the purpose of the State Securities Law to provide a procedure for financing any projects otherwise authorized by law and for the issuance of securities to evidence or reevidence obligations incurred in connection with any 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 32, 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 body corporate and politic therein, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any properties pertaining to a project, or an interest therein.
Sec. 6. Chairman, or chairman of the commission, or any phrase of similar import, means the de facto or de jure presiding officer of the commission, or his successor in functions, if any.
Sec. 7. 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. 8. Commission means any state general obligation bond commission or any other commission, board or other agency of the state which is authorized by law to issue bonds or other securities in the name and on behalf of the state in accordance with the provisions of this act, and means any such successor agency of this state.
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 commission may:
κ1967 Statutes of Nevada, Page 772 (CHAPTER 267, SB 331)κ
(a) Exercise on behalf of the state 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 is already devoted to the same use by any person (but not the Federal Government, the state or any other body corporate and politic); 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 commission includes the power to condemn, in the name of the state, either the fee simple or any lesser estate or interest in any real property which the commission by resolution determines is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple, easement or other interest, as the case may be, is necessary. The commission shall not abandon any condemnation proceedings subsequent to the date upon which it 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 commission 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. Controller means the de facto or de jure state controller of the State of Nevada, or his successor in functions, if any.
Sec. 11. Cost of any project, or any phrase of similar import, means all or any part designated by the commission of the cost of any project, or interest therein, which cost at the option of the commission may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the state from funds available for use therefor, or advanced by the Federal Government, or from any other source, with the approval of the commission or any board or other agency of the state 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;
κ1967 Statutes of Nevada, Page 773 (CHAPTER 267, SB 331)κ
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 commission 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 resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the state;
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 commission.
Sec. 12. Facilities means buildings, structures, utilities or other income-producing facilities from 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. 13. Federal Government means the United States, or any agency, instrumentality or corporation thereof.
Sec. 14. 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.
Sec. 15. Governor means the de facto or de jure governor of the State of Nevada, or his successor in functions, if any.
Sec. 16. Gross revenues or gross pledged revenues means all pledged revenues received by the state and pledged wholly or in part for the payment of any state securities issued hereunder.
Sec. 17. 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. 18. 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.
κ1967 Statutes of Nevada, Page 774 (CHAPTER 267, SB 331)κ
Sec. 19. Improvement or improve includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of any properties pertaining to a project or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.
Sec. 20. Net revenues or net pledged revenues means gross revenues, after the deduction of operation and maintenance expenses.
Sec. 21. 1. Operation and maintenance expenses, or any phrase of similar import, means all reasonable and necessary current expenses of the state, 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 commissions option (except as limited by contract or otherwise limited by law), without limiting the generality of the foregoing:
(a) Engineering, auditing, reporting, legal and other overhead expenses of the various state departments directly related and reasonably allocable to the administration of the facilities;
(b) 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;
(c) Payments to pension, retirement, health and hospitalization funds and other insurance;
(d) Any taxes, assessments, excise taxes or other charges which may be lawfully imposed on the state, any facilities, revenues therefrom, or any privilege in connection with any facilities or their operation;
(e) The reasonable charges of any paying agent, or commercial bank, trust bank or other depositary bank appertaining to any securities issued by the state or appertaining to any facilities;
(f) Contractual services, professional services, salaries, other administrative expenses, and costs of materials, supplies, repairs and labor, appertaining to the issuance of any state securities and to any facilities, including without limitation the expenses and compensation of any trustee, receiver or other fiduciary under this act;
(g) The costs incurred by the commission in the collection and any refunds of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;
(h) Any costs of utility services furnished to the facilities by the state or otherwise;
(i) Any lawful refunds of any pledged revenues;
(j) Reasonable allowances for the depreciation of furniture and equipment for the facilities, and
(k) All other administrative, general and commercial expenses.
2. The term operation and maintenance expenses does not include:
(a) Any allowance for depreciation, except as otherwise provided in paragraph (j) of subsection 1 of this section;
(b) Any costs of reconstruction, improvements, extensions or betterments;
(c) Any accumulation of reserves for capital replacements;
(d) Any reserves for operation, maintenance or repair of any facilities;
(e) Any allowance for the redemption of any bond or other state security evidencing a loan or other obligation or for the payment of any interest thereon;
κ1967 Statutes of Nevada, Page 775 (CHAPTER 267, SB 331)κ
security evidencing a loan or other obligation or for the payment of any interest thereon;
(f) Any liabilities incurred in the acquisition or improvement of any properties comprising any project or any existing facilities, or any combination thereof; and
(g) Any other ground of legal liability not based on contract.
Sec. 22. Person means a corporation, firm, other body corporate (but excluding the Federal Government, the state or any other body corporate and politic), partnership, association or individual, and also includes an executor, administrator, trustee, receiver or other representative appointed according to law.
Sec. 23. Pledged revenues means the moneys pledged wholly or in part for the payment of bonds or other state securities issued in accordance with the provisions of this act, and, subject to any existing pledges or other contractual limitations, may include at the commissions 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 state and authorized by law (other than this act) to be pledged for the payment of state securities issued in accordance with the provisions of this act, but excluding the proceeds of any taxes as defined in section 29 of this act.
Sec. 24. Project means any undertaking or undertakings which the commission is authorized by law (other than this act) to complete in its name or in the name of the state, the cost of which the commission is authorized by law (other than this act) to defray by the issuance of bonds or other securities of the commission or the state as provided hereunder.
Sec. 25. Secretary means the de facto or de jure secretary of state of the State of Nevada, or his successor in functions, if any.
Sec. 26. State securities or securities means notes, warrants, bonds, temporary bonds and interim debentures authorized to be issued hereunder in the name and on the behalf of the state acting by and through the commission.
Sec. 27. State means the State of Nevada, in the United States.
Sec. 28. Taxation means the levy and collection of taxes as defined in section 29 of this act.
Sec. 29. Taxes means general (ad valorem) property taxes.
Sec. 30. Treasurer means the de facto or de jure state treasurer of the State of Nevada, or his successor in functions, if any.
Sec. 31. Trust bank means a commercial bank as defined in section 7 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. 32. United States means the United States of America.
Sec. 33. In connection with any project, the state, acting by and through the commission, except as herein otherwise provided, may:
1. Sue and be sued;
κ1967 Statutes of Nevada, Page 776 (CHAPTER 267, SB 331)κ
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 political subdivisions within the state, including without limitation water or water rights, or rights or interests in any such property;
4. Make contracts and execute all instruments necessary or convenient, as determined by the commission;
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 agency or political subdivision thereof, or any person, upon such terms and conditions as the Federal Government, the state or such agency or political subdivision or person may impose.
Sec. 34. 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 state may borrow money or otherwise become obligated for the project and may evidence any such obligation by the issuance of state securities in accordance with the provisions of this act, to the extent otherwise authorized by law.
Sec. 35. The state may issue, in one series or more, without the state 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 state 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 state, any one or more or all of the following types of state securities:
1. Notes, evidencing the amount borrowed by the state;
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 state and appertaining to a project;
3. Bonds, evidencing any amount borrowed by the state 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 86 to 91, inclusive, of this act.
Sec. 36. 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 commission may determine. They shall not be extended or funded except by the issuance of bonds or interim debentures in compliance with sections 86 to 90, inclusive, of this act and other provisions supplemental thereto.
Sec. 37. Each temporary bond shall set forth substantially the same conditions, terms and provisions as the definitive bond for which it is exchanged.
κ1967 Statutes of Nevada, Page 777 (CHAPTER 267, SB 331)κ
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. 38. The resolution authorizing the issuance of any state 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. 39. The state may issue as general obligations any of the following types of state 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 commission may determine, except as may be otherwise provided in any act supplemental hereto.
Sec. 40. The state may issue as special obligations any of the following types of state 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 in anticipation of gross pledged revenues. Such special obligation state securities may be payable from, secured by a pledge of, and constitute a lien on net pledged revenues.
Sec. 41. Any resolution authorizing the issuance of general obligation state securities payable from gross revenues or any indenture or other proceedings appertaining thereto may contain a covenant of the state that to the extent required, as provided therein, the state 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 state shall levy taxes therefor.
Sec. 42. 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 state and exhaust the debt-incurring power of the state under any debt limitation appertaining thereto, constitutional or statutory.
Sec. 43. Any other state securities (except general obligation notes and general obligation warrants) constitute special obligations of the state, 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 state nor exhaust its debt-incurring power under any such debt limitation.
Sec. 44. 1. State 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 pledged to the payment thereof.
κ1967 Statutes of Nevada, Page 778 (CHAPTER 267, SB 331)κ
2. State securities issued hereunder and constituting general obligations shall pledge the full faith and credit of the state for their payment, shall so state, and shall state that they are payable from taxes.
3. General obligation state 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. 45. Payment of the principal of and the interest on general obligation bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 46. 1. There shall be levied annually 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 limitations now or hereafter existing, to pay the interest on the general obligation state 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 in 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 state 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 fall due.
Sec. 47. 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 state, acting by and through the commission, has contracted to sell any securities but before their issuance.
Sec. 48. Any sums coming due on any general obligation state 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 state, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for have been collected.
Sec. 49. Nothing contained in this act shall be so construed as to prevent the state 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 state securities as the same respectively mature, including without limitation the payment of general obligation bonds as provided in section 45 hereof, and regardless of whether the payment of the general obligation state 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 779 (CHAPTER 267, SB 331)κ
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. 50. 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 or 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 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 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. 51. There is by this act, and there shall be by resolution 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 state securities evidencing such debt have been wholly paid.
Sec. 52. The payment of state securities shall not be secured by an encumbrance, mortgage or other pledge of property of the state, except for its pledged revenues, proceeds of taxes and any other moneys pledged for the payment of the securities. No property of the state, subject to such exception, shall be liable to be forfeited or taken in payment of the securities.
Sec. 53. 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 state securities or for any claim based thereon or otherwise upon the resolution authorizing their issuance or other instrument appertaining thereto, against any individual member of the commission or any officer or other agent of the state, past, present or future, either directly or indirectly through the commission or the state, 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. 54. None of the covenants, agreements, representations and warranties contained in any resolution authorizing the issuance of bonds or other state 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 state (except the special funds pledged therefor) or against the general credit of the state, payable out of the general fund of the state, or out of any funds derived from taxation.
Sec. 55. 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 state 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 state 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 known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
κ1967 Statutes of Nevada, Page 780 (CHAPTER 267, SB 331)κ
concerning the bonds or other state 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 state 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 known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
Sec. 56. 1. Before the commission 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 commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 57. Except as otherwise provided in the constitution of the state and as otherwise provided in this act and in any other act the provisions of which are relevant by express reference herein thereto, any state 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 state 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 commission 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 state securities hereunder as provided in section 74 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;
(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;
κ1967 Statutes of Nevada, Page 781 (CHAPTER 267, SB 331)κ
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 resolution 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 commission in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
Sec. 58. 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. 59. Before selling any state securities publicly, the commission 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 state and having general circulation therein.
2. Cause such other notice to be given as the commission 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.
Sec. 60. 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.
κ1967 Statutes of Nevada, Page 782 (CHAPTER 267, SB 331)κ
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 commission, below par at a discount not exceeding the maximum discount fixed by the commission.
Sec. 61. 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. 62. 1. Subject to the right of the commission 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 commission 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 commission shall determine which bid shall be accepted.
Sec. 63. 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 state for delivery, whichever is later, the amount of his deposit shall be forfeited to the state (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 commission may accept the bid of the person making the next best bid.
3. If all bids are rejected, the commission may readvertise the securities for sale in the same manner as provided for the original advertisement or may sell the securities privately.
Sec. 64. A resolution providing for the issuance of bonds or other state 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 State Securities Law, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 65. 1. As the commission may determine, any bonds and other securities issued hereunder, except as otherwise provided in the constitution of the state, or 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 commission;
κ1967 Statutes of Nevada, Page 783 (CHAPTER 267, SB 331)κ
order at annual or other designated intervals in amounts designated and fixed by the commission;
(d) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each security not constituting a debt to be 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, and the interest on each security constituting a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state shall be payable semiannually;
(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 commission; and
(f) Be printed at such place within or without this state, as the commission may determine.
2. General obligation bonds shall mature within not exceeding 20 years from their date or within 20 years from the effective date of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, shall mature within not exceeding 50 years from their date.
3. Special obligation bonds shall mature within not exceeding 50 years from their date.
Sec. 66. The principal of, the interest on and any prior redemption premium due in connection with any state securities shall be paid as the same become due in accordance with the terms of the securities and any resolutions and other proceedings appertaining to their issuance, without any warrant or further order or other preliminaries.
Sec. 67. 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. 68. Bonds and other state securities issued hereunder shall be executed in the name of the state, shall be signed by the governor, shall be countersigned by the chairman of the commission (unless he is also the governor), by the controller and by the treasurer, and shall be attested by the secretary; and the bonds or other securities shall be authenticated by the great seal of the State of Nevada affixed thereto. Any coupons shall be signed by the treasurer. Facsimile signatures may be used on any coupons.
Sec. 69. 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. 70. 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 state, 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 784 (CHAPTER 267, SB 331)κ
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 state, 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. 71. 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. 72. The commission may provide for the redemption of any or all of the bonds or other state 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 commission in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.
Sec. 73. Any bonds or other state securities may be repurchased by the commission 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 states option within 1 year from the date of their purchase, they may be repurchased without limitation as to price.
Sec. 74. 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 commission may determine.
Sec. 75. Any unexpected 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 commission may determine.
Sec. 76. 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.
κ1967 Statutes of Nevada, Page 785 (CHAPTER 267, SB 331)κ
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 state or any of its officers, agents and employees.
Sec. 77. The commission in any resolution 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. 78. 1. The commission on the behalf of the state 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 commission on the behalf of the state 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 commission may determine to be necessary or desirable in accomplishing the purposes hereof.
Sec. 79. 1. The commission, subject to any contractual limitations from time to time imposed upon the state by any act or resolution authorizing the issuance of the states 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 state securities issued hereunder in federal securities and other securities of the Federal Government and may cause such proceeds of taxes, revenues, state 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 commission 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 state treasury.
4. Any gain from any such investments or reinvestments may be credited to any fund or account pledged for the payment of any state securities issued hereunder, including any reserve therefor, or any other fund or account appertaining to a project or any facilities or the states general fund, subject to any contractual limitations in any proceedings appertaining to outstanding state securities.
κ1967 Statutes of Nevada, Page 786 (CHAPTER 267, SB 331)κ
fund or account appertaining to a project or any facilities or the states general fund, subject to any contractual limitations in any proceedings appertaining to outstanding state 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 owned by the state, any proceeds of taxes, any pledge revenues and any moneys otherwise appertaining to a project or any facilities, or any combination thereof, to furnish such indemnifying bonds or to pledge such federal securities, such other securities issued by the Federal Government, and such other securities as may be required by the commission.
Sec. 80. Any resolution providing for the issuance of any bonds or other state securities hereunder payable from pledged revenues and any indenture or other instrument or proceedings appertaining thereto may at the discretion of the commission 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 state, 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 state from its general fund or other available moneys to the account of any designated facilities for services rendered thereby to the state;
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 state 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 other securities issued hereunder;
κ1967 Statutes of Nevada, Page 787 (CHAPTER 267, SB 331)κ
of such securities, to secure the payment of bonds other securities issued hereunder;
8. The payment of the principal of and interest on any 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 state 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 state 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 state;
15. Limitations on the powers of the state 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 commission 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 state of any covenants, conditions or obligations;
18. The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby;
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 state itself might do;
κ1967 Statutes of Nevada, Page 788 (CHAPTER 267, SB 331)κ
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 state itself might do;
20. A procedure by which the terms of any resolution authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the 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 commission 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 commission power to do in the name and on behalf of the state all things in the issuance of state securities and for their security except as herein expressly limited.
Sec. 81. 1. Revenues pledged for the payment of any securities, as received by or otherwise credited to the state, 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 state, 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 state irrespective of whether such persons have notice thereof.
Sec. 82. Subject to any contractual limitations binding upon the holders of any issue or series of state 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 state, the commission, and any other of the officers, agents and employees of the state, to require and compel the state, the commission, 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;
2. By action or suit in equity to require the state 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 state itself might do in accordance with the obligations of the state; and
κ1967 Statutes of Nevada, Page 789 (CHAPTER 267, SB 331)κ
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 state itself might do in accordance with the obligations of the state; 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. 83. 1. If a resolution of the commission authorizing or providing for the issuance of any securities of any series or any other proceedings appertaining thereto contains a provision authorized by subsection 19 of section 80 hereof and further provides in substance that any trustee appointed pursuant to subsection 16 of section 80 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 80 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 commission on the behalf of the state 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 state in the same manner as the commission itself might do and under the direction of the court.
Sec. 84. 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. 85. The failure of any holder of any state securities or any coupons appertaining thereto so to proceed as herein provided or in such proceedings shall not relieve the state, the commission or any of the officers, agents and employees of the state of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 86. 1. Notwithstanding any limitation or other provision herein, whenever the state is authorized to issue general obligation bonds, regardless of whether majorities of the qualified electors of the state voting on a proposal to issue the general obligation bonds have authorized their issuance by the state for any project, the state 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 state, or any combination thereof, and to issue general obligation interim debentures to evidence the amount so borrowed.
κ1967 Statutes of Nevada, Page 790 (CHAPTER 267, SB 331)κ
proceeds of the bonds, the proceeds of pledged revenues, or any other moneys of the state, or any combination thereof, and to issue general obligation interim debentures to evidence the amount so borrowed.
2. The state also is authorized to borrow money without any election in anticipation of the proceeds of revenue bonds or any other special obligations of the state 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. 87. Nothing contained herein shall be construed as authorizing the state to issue any state securities constituting a debt for the purpose of funding or refunding state securities constituting special obligations which do not constitute an indebtedness.
Sec. 88. 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 commission 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 authorized by the commission authorizing the issuance of the funded securities. Except as otherwise provided in sections 86 to 91, inclusive, of this act, interim debentures shall be issued as provided herein for state securities in sections 42 to 85, inclusive, of this act.
Sec. 89. 1. Except as otherwise provided in section 87 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 commission may determine, except as otherwise provided in subsections 2 and 3 of section 65 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. 90. No interim debentures issued pursuant to the provisions of sections 86 to 89, inclusive, of this act shall be extended or funded except by the issuance or reissuance of a bond or bonds authorized by the commission authorizing the issuance of the funded interim debentures in compliance with section 91 of this act.
Sec. 91. 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 general obligation bonds required by law so to be authorized, and otherwise merely by the commission, 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.
κ1967 Statutes of Nevada, Page 791 (CHAPTER 267, SB 331)κ
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 general obligation bonds required by law so to be authorized, and otherwise merely by the commission, 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 commission may determine, except as otherwise provided in subsections 2 and 3 of section 65 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 otherwise provided in sections 88 to 91, inclusive, of this act, any such funding bonds shall be issued as is provided herein for other bonds.
Sec. 92. Any bonds of the state 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 state by the commission authorizing the issuance of the refunded bonds by the adoption of a resolution or resolutions by the commission 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 state debt in excess of the states debt limitation in the state constitution; 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. 93. Nothing contained in this act or in any other law of this state shall be construed to permit the commission to call on behalf of the state 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 state.
Sec. 94. Notwithstanding the provisions of section 93 of this act or of any other law, this state, acting by and through the state board of finance, may agree with the commission to exchange any outstanding bonds of the state and held by the state, or any agency, corporation, department or other instrumentality of the state, for refunding bonds of the state authorized on its behalf by the commission 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 commission for refunding at any time prior to their respective maturities or to any date as of which the state 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 resolution, trust indenture or other proceedings authorizing their issuance.
κ1967 Statutes of Nevada, Page 792 (CHAPTER 267, SB 331)κ
of any other law, this state, acting by and through the state board of finance, may agree with the commission to exchange any outstanding bonds of the state and held by the state, or any agency, corporation, department or other instrumentality of the state, for refunding bonds of the state authorized on its behalf by the commission 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 commission for refunding at any time prior to their respective maturities or to any date as of which the state 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 resolution, trust indenture or other proceedings authorizing their issuance.
Sec. 95. Any provision herein concerning the refunding of outstanding bonds includes any outstanding securities evidencing long-term loans to the state regardless of whether such securities are designated as bonds, certificates, single certificates or otherwise.
Sec. 96. 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 99 hereof, may be exchanged by the state 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 state shall be placed in escrow as provided in sections 98 and 99 hereof.
Sec. 97. 1. No bonds may be refunded hereunder unless they have been outstanding for at 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 in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding 6 percent per annum.
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 state debt limitation in the state constitution.
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.
κ1967 Statutes of Nevada, Page 793 (CHAPTER 267, SB 331)κ
Sec. 98. 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 commission 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 state under the control of the commission 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 commission 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 commission may determine, but in no event by the incurrence of additional debt in excess of any state debt limitation in the state constitution.
Sec. 99. 1. Any such escrow or trust shall not necessarily be limited to proceeds of 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 state special obligation (but not general obligation) securities, in other securities issued by the Federal Government if the resolution authorizing the issuance of such outstanding state 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.
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 commission has exercised or is obligated to exercise a prior redemption option on behalf of the state.
κ1967 Statutes of Nevada, Page 794 (CHAPTER 267, SB 331)κ
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 commission has exercised or is obligated to exercise a prior redemption option on behalf of the state.
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 state, the commission or any of the officers, agents or employees of the state.
Sec. 100. 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 commission 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 87 of this act.
Sec. 101. 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 state in accordance with the provisions of this act.
Sec. 102. Except as in sections 92 to 101, 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. 103. The determination of the commission 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 resolution or the securities thereby authorized contain a recital as authorized by section 64 hereof.
Sec. 104. 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. 105. 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. 106. 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.
κ1967 Statutes of Nevada, Page 795 (CHAPTER 267, SB 331)κ
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. 107. 1. In its discretion the commission may file a petition at any time in the district court in and for any county in which the project is located wholly or in part, praying for a judicial examination and determination of any power conferred, for the approval of any series of bonds to be issued hereunder, or of any tax, assessment, toll, rate or other charge levied or otherwise made or of any act, proceeding or contract of the commission, whether or not such act, proceeding or contract has been taken or executed, including 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 upon which the validity of such power, charge, act, proceeding or contract is founded; and
(b) Be verified by the chairman of the commission.
3. The action shall be in the nature of the 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 in a newspaper of general circulation in the county in which the principal office of the commission is located; and
(b) By posting such notice in the office of the commission 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 person interested in the proceeding or contract 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. 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.
κ1967 Statutes of Nevada, Page 796 (CHAPTER 267, SB 331)κ
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 entry 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.
11. The decision of the court shall be a judicial determination of the validity of the bonds and the validity of the revenues pledged to their payment, including any tax, assessment, toll, rate or other charge levied or otherwise made, and shall be conclusive as to the state, its officers, agents and instrumentalities, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the state.
Sec. 108. 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 state 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 commission 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 state, acting by and through the commission, or any officer, agent or employee of the state, 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. 109. This act being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
Sec. 110. This act shall become effective upon passage and approval.
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κ1967 Statutes of Nevada, Page 797κ
Senate Bill No. 305Clark County Delegation
CHAPTER 268
AN ACT authorizing the acquisition of certain water service facilities and properties appurtenant thereto and the issuance of bonds and other securities by the State of Nevada, acting by and through the Colorado River commission of Nevada; relating to the construction, other acquisition, equipment, operation, maintenance, improvement, and disposition of properties appertaining to such facilities; otherwise concerning such securities and properties, and revenues, taxes, and pledges and liens pertaining thereto by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Terms used or referred to in this act are as defined in the State Securities Law; but the following terms, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 6, inclusive, of this act.
Sec. 2. Commission means the Colorado River commission of Nevada.
Sec. 3. Facilities means collectively the federal facilities, as defined in this act, and the state facilities, as defined in this act.
Sec. 4. Federal facilities means the works, facilities and appurtenances constructed by the Federal Government under the authorization of the Southern Nevada Water Project Act, or by the State of Nevada pursuant to this act and other acts supplemental thereto, or by both the Federal Government and the state, including without limitation all pipelines, conduits, pumping plants, intake facilities, aqueducts, laterals, water storage and regulatory facilities, electric substations, and related works to be constructed for the purpose of transporting water from storage in Lake Mead to points of delivery established for the project within Clark County, Nevada.
Sec. 5. Project means the construction and other acquisition of the federal facilities, as defined in this act, and of the state facilities, as defined in this act, by the state, acting by and through the commission, as authorized by this act and by other acts supplemental thereto.
Sec. 6. State facilities means the works, facilities and appurtenances constructed by the State of Nevada pursuant to this act and other acts supplemental thereto for the acquisition of a water plant for the treatment of raw water and the disposal of potable water for industrial, commercial, residential, culinary, or domestic use, or any combination thereof, including without limitation collection and disposal lines, lands, easements, rights in land, water rights, distribution and storage reservoirs, other storage facilities, trunk, connection and other water mains, inlets, tunnels, flumes, conduits, canals, hydrants, filtration works, meters, pumping and gaging stations, and equipment, in supplementation of the federal facilities, as herein defined.
Sec. 7. 1. The commission, on the behalf and in the name of the state, may:
(a) Acquire, hold, operate, maintain, and improve the facilities;
κ1967 Statutes of Nevada, Page 798 (CHAPTER 268, SB 305)κ
(b) Acquire, hold, operate, maintain, improve and dispose of properties appertaining to the facilities, including without limitation water and water rights, for the benefit and welfare of the people of the state;
(c) Acquire the facilities, wholly or in part, directly by construction contract or otherwise, or indirectly by contract with the Federal Government, or any combination thereof, as the commission may from time to time determine;
(d) Borrow money and otherwise become obligated in a total principal amount of not exceeding $10,000,000.00 to defray wholly or in part the cost of acquiring the state facilities, and issue state securities to evidence such obligations; and
(e) Borrow money and otherwise become obligated in a total principal amount of not exceeding $52,000,000.00 to defray wholly or in part the cost of acquiring the federal facilities, and issue state securities to evidence such obligations.
2. The power to issue securities hereunder in a total principal amount of not exceeding $52,000,000.00 under paragraph (e), subsection 1 of this section, shall decrease to the extent, for the acquisition of the federal facilities, congress by federal act appropriates funds, the Bureau of the Budget apportions funds, the Bureau of Reclamation allots funds, the Federal Government is obligated to pay earnings under contract for the construction and other acquisition of the federal facilities, or any part thereof, and the state is obligated by contract with the Federal Government to pay to it sums equal to such earnings and any incidental expenses due under such contract; but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.
Sec. 8. 1. Subject to the limitations as to maximum principal amounts in section 7 of this act, the commission may issue to defray the cost of the project, or any part thereof, at any time or from time to time after the adoption of this act, but not after 10 years from the effective date thereof, as the commission may determine, the following types of state securities in accordance with the provisions of the State Securities Law:
(a) General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues;
(b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or
(c) Any combination of such securities.
2. Nothing in this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission at any time as provided in the State Securities Law.
3. Subject to existing contractual obligations, the net revenues pledged, if any, for the payment of state securities by the commission may be derived from the operation of all or any part of the income-producing facilities under the jurisdiction of the commission, including without limitation the facilities acquired by the project.
κ1967 Statutes of Nevada, Page 799 (CHAPTER 268, SB 305)κ
Sec. 9. Any and all contracts entered into pursuant to the provisions of this act shall not be binding upon the state until executed or otherwise approved by the governor, including without limitation the execution of securities in the manner and as otherwise provided in the State Securities Law.
Sec. 10. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 11. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
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Assembly Bill No. 110Messrs. Bowler, Howard, Mello and Ashworth
CHAPTER 269
AN ACT to amend NRS 643.160, relating to causes for the revocation and suspension of barbers certificates of registration, by providing additional causes for revocation and suspension.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 643.160 is hereby amended to read as follows:
643.160 The board may either refuse to issue or renew, or may suspend or revoke, any certificate of registration for any of the following causes:
1. Conviction of a felony.
2. Malpractice or incompetency.
3. Continued practice by a person knowingly having an infectious or contagious or communicable disease.
4. Advertising, practicing or attempting to practice under anothers name or anothers trade name.
5. Habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs.
6. Violation of any of the provisions of NRS 643.200 or any of the sanitary regulations of this chapter or those promulgated by the board.
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κ1967 Statutes of Nevada, Page 800κ
Assembly Bill No. 112Messrs. Bowler, Howard, Mello and Ashworth
CHAPTER 270
AN ACT to amend chapter 643 of NRS, relating to barbers and barbering, by adding new sections providing for the licensing of barbershops; and providing other matters properly relating thereto.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. No person, firm or corporation may operate a barbershop unless the board has issued a license to operate such shop to such person, firm or corporation.
Sec. 3. An applicant for a license to operate a barbershop shall file an application with the board on forms prescribed by the board accompanied by the fee specified in section 6 of this act.
Sec. 4. The board shall issue a license to operate an existing barbershop upon receipt of such application and fee if the applicant complies with the applicable provisions of this chapter.
Sec. 5. 1. An applicant for a license to operate a new barbershop shall submit his application and an inspection fee to the secretary of the board.
2. A member of the board shall then, within 6 days, inspect such shop and issue a temporary license to the applicant which is valid for 20 days if such applicant complies with the applicable provisions of this chapter and the regulations adopted by the board.
3. The board shall issue a regular license to the applicant before the expiration of such 20-day period.
Sec. 6. 1. The fee for an inspection, a license and the renewal of any license shall not exceed $5.
2. Each license to operate a barbershop shall be renewed annually. Each such license which has not been renewed in April of any year expires on May 1 of that year. An expired license may be reinstated upon payment of a fee of $5.
Sec. 7. No license to operate a barbershop may be assigned from one person, firm or corporation to any other person, firm or corporation, nor may such license be transferred from one location to another.
Sec. 8. No person, firm or corporation may operate any barbershop unless such person, firm or corporation and such barbershop respectively comply with all applicable requirements of NRS 643.200 and with the regulations adopted by the board.
Sec. 9. 1. The board may immediately suspend a license to operate a barbershop for violation of any of the applicable provisions of this chapter, until the violation is cured.
2. The board may revoke a license to operate a barbershop after such license has been suspended three times if the board first gives the licensee 20 days written notice of the proposed revocation and affords such licensee a proper hearing.