[Rev. 2/28/2019 3:12:28 PM]
κ1967 Statutes of Nevada, Page 801 (CHAPTER 270, AB 112)κ
3. Whenever a license to operate a barbershop has been suspended or revoked for a violation of the sanitary provisions of this chapter or the sanitary requirements of the board, the board shall post a notice on the shop stating the fact of suspension or revocation and the reason therefor.
________
Assembly Bill No. 140Messrs. Bowler, Howard, Mello, Ashworth and May
CHAPTER 271
AN ACT to amend NRS 643.020, relating to the state barbers health and sanitation board, by reducing the number of members, changing their qualifications and increasing the length of their terms; 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 643.020 is hereby amended to read as follows:
643.020 1. The state barbers health and sanitation board, consisting of [five] four members, [appointed by the governor,] is hereby created.
2. [Two of the members shall be from the counties of White Pine, Lincoln or Clark, and three of the members shall be from the other counties of the state. The appointees shall consist of the secretary of the state board of health, one barber proprietor who employs two or more barbers, one practicing physician and surgeon, and two journeyman barbers. Each of the latter shall have been a resident of the State of Nevada for a period of at least 2 years prior to his appointment.] The board shall consist of the state health officer, or a member of his staff designated by the state health officer, and three barber members appointed by the governor. Of the barber members, one shall be from Clark County, one from Washoe County and one from any of the other counties in the state. The barber members shall be registered journeyman barbers, at least one of whom shall be an employer of two or more full-time barbers. Each of the barber members shall have been a resident of the State of Nevada and a practicing registered journeyman barber for a period of at least 5 years immediately prior to his appointment.
3. Appointments shall be for terms of [2] 3 years [.] , except for the first board, of which one barber member shall be appointed for a term of 1 year, one barber member shall be appointed for a term of 2 years and one barber member shall be appointed for a term of 3 years.
4. Vacancies shall be filled by appointment for the unexpired terms.
5. The governor may remove a member of the board for cause.
Sec. 2. This act shall become effective upon passage and approval for the purposes of filling any vacancy which may occur in the state barbers health and sanitation board and of making appointments to such board upon the expiration of the terms of the incumbent members. For all other purposes it shall become effective upon the expiration of the terms of all incumbent members of such board.
________
κ1967 Statutes of Nevada, Page 802κ
Assembly Bill No. 145Washoe County Delegation
CHAPTER 272
AN ACT to amend NRS 269.155, relating to ordinances of unincorporated towns, by providing for the publication by title only of ordinances relating to the issuance of municipal securities and the adoption of specialized or uniform codes; 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 269.155 is hereby amended to read as follows:
269.155 1. In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty to pass and adopt all ordinances, rules and regulations for any unincorporated town [or city] in their respective counties, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this chapter.
2. [No ordinance passed by the board of county commissioners shall be in force or effect until published for 2 publications 1 week apart.
3. An ordinance adopting any specialized or uniform code, including but not limited to building, electrical and plumbing codes, printed in book or pamphlet form, may be so published by title only, together with the names of the county commissioners voting for or against its passage. Publication by title shall also contain a statement to the effect that copies of the code are available for inspection at the office of the county clerk by all interested persons.] All ordinances shall be signed by the chairman of the board of county commissioners, attested by the county clerk and, except as provided in subsection 3, shall be published in full in a newspaper published in and having a general circulation in the county at least once a week for a period of 2 weeks before the same are effective.
3. Ordinances relating to the issuance of municipal securities (as that term is defined in the Local Government Securities Law) and ordinances adopting any specialized or uniform codes, including but not limited to building, electrical and plumbing codes, printed in book or pamphlet form, may be published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before the same are effective. Publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
4. All ordinances of the town or city in force at the date of the assumption of the board of county commissioners of the powers and duties conferred or imposed by this chapter, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by the board.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 803κ
Assembly Bill No. 302Clark County Delegation
CHAPTER 273
AN ACT to amend chapter 426 of NRS, relating to blind persons, by adding a new section requiring the supervisor of the services to the blind division of the department of health and welfare to prepare reports and a state plan for rehabilitation of the blind; 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 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The supervisor of the services to the blind division of the department of health and welfare or his designated representative shall:
1. Prepare a state plan for the vocational rehabilitation of the blind. The state plan shall be kept up to date and subject to approval of the Federal Government.
2. Prepare reports for the Federal Government pursuant to the Vocational Rehabilitation Act Amendments of 1965 (Title 29 U.S.C., as amended), any future amendments thereof and the regulations promulgated thereunder.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 305Clark County Delegation
CHAPTER 274
AN ACT to amend chapter 426 of NRS, relating to blind persons, by adding a new section establishing the services to the blind division revolving fund for the purchase and sale of items used by the blind; making an appropriation; 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 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created the services to the blind division revolving fund, which shall be used by the supervisor of services to the blind for the purpose of providing inventories of tools, aids, appliances, supplies and other accessories used by the blind. The supervisor shall sell such tools, aids, appliances, supplies and other accessories used by the blind at cost or cost-plus-administration cost and receipts shall be deposited forthwith in the services to the blind division revolving fund.
2. The supervisor of services to the blind shall deposit the money in the services to the blind division revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
κ1967 Statutes of Nevada, Page 804 (CHAPTER 274, AB 305)κ
of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
3. Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 shall be exempt from the provisions of chapter 333 of NRS.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $5,000 to the services to the blind division revolving fund.
________
Assembly Bill No. 338Committee on Judiciary
CHAPTER 275
AN ACT relating to wills and estates; to provide that upon divorce or annulment, all provisions in favor of the former spouse are revoked; 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. Chapter 133 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Divorce or annulment of the marriage of the testator revokes every beneficial devise, legacy or interest given to the testators former spouse in a will executed before the entry of the decree of divorce or annulment unless otherwise:
1. Provided in a property or separation agreement which is approved by the court in the divorce or annulment proceedings and not merged in the decree; or
2. Ordered by the court in the divorce or annulment proceedings,
and the will shall take effect in the same manner as if the former spouse had died before the testator.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 373Mrs. Frazzini, Messrs. Prince, Viani and Manning
CHAPTER 276
AN ACT to amend chapter 426 of NRS, relating to blind persons, by establishing the state grant and gift fund for the blind; 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 426 is hereby amended by adding thereto a new section which shall read as follows:
1. The services to the blind division of the department of health and welfare is authorized to accept, with the approval of the governor, gifts, bequests, devises, grants or trusts of funds or property to the services to the blind division or to the State of Nevada for purposes of helping the blind.
κ1967 Statutes of Nevada, Page 805 (CHAPTER 276, AB 373)κ
bequests, devises, grants or trusts of funds or property to the services to the blind division or to the State of Nevada for purposes of helping the blind. Any funds received shall be deposited in the state treasury in a fund to be known as the state grant and gift fund for the blind.
2. The state grant and gift fund for the blind shall be a continuing fund without reversion, and money in the fund shall be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the services to the blind division.
Sec. 2. Moneys in the state welfare gift and cooperative fund which are designated for the benefit of the blind shall be transferred to the state grant and gift fund for the blind.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 405Mrs. Frazzini, Messrs. Close, Prince, Manning and Viani
CHAPTER 277
AN ACT to amend chapter 426 of NRS, relating to blind persons, by adding a new section restricting the disclosure of information concerning applicants for services to the blind.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Information with respect to any individual applying for or receiving services to the blind shall not be disclosed by the services to the blind division of the department of health and welfare or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.520 to 426.610, inclusive, or upon written permission of the applicant or recipient.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 424Mr. McKissick
CHAPTER 278
AN ACT relating to divorce; to reduce the required period of separation and to add incompatibility as a ground for divorce.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.010 is hereby amended to read as follows:
125.010 Divorce from the bonds of matrimony may be obtained for any of the following causes:
1. Impotency at the time of the marriage continuing to the time of the divorce.
κ1967 Statutes of Nevada, Page 806 (CHAPTER 278, AB 424)κ
2. Adultery since the marriage, remaining unforgiven.
3. Willful desertion, at any time, of either party by the other, for the period of 1 year.
4. Conviction of felony or infamous crime.
5. Habitual gross drunkenness contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family.
6. Extreme cruelty in either party.
7. Neglect of the husband, for the period of 1 year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.
8. Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the plaintiff in such action shall give bond therefor in an amount to be fixed by the court.
9. When the husband and wife have lived separate and apart for [3 consecutive years] 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
10. Incompatibility.
________
Assembly Bill No. 482Committee on Labor
CHAPTER 279
AN ACT to amend NRS 608.280, relating to proceedings against a district attorney for failure to enforce the minimum wage standards for men, by inserting an omitted word.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 608.280 is hereby amended to read as follows:
608.280 When a complaint is made to the attorney general by the labor commissioner or by an aggrieved person that any district attorney has been guilty of a willful violation of NRS 608.270, the attorney general shall make an investigation of the complaint, and [,] if, after such investigation, he is of the opinion that the complaint is well founded, he shall institute proceedings against the district attorney for the enforcement of the penalties provided in NRS 608.270.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 807κ
Senate Bill No. 192Committee on Judiciary
CHAPTER 280
AN ACT relating to administrative procedures; to provide procedures for a hearing in a contested case; 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 233B.030 is hereby amended to read as follows:
233B.030 In this chapter, unless the context otherwise requires:
1. Agency means each public agency, bureau, board, commission, department, division, officer or employee of the executive department of the state government authorized by law to make regulations or to determine contested cases, except:
(a) The governor.
(b) Any penal or educational institution.
(c) Any agency acting within its capacity as administrator of the military affairs of this state.
(d) The state gaming control board.
(e) The Nevada gaming commission.
(f) The state board of parole commissioners.
2. Contested case means [an actual adversary proceeding before an agency.] a proceeding, including but not restricted to ratemaking and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. Nothing contained in this section shall be construed to require a hearing where not otherwise required by law or regulation.
3. License means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law. Licensing means the agency procedure whereby the license is granted, denied, revoked, suspended, annulled, withdrawn or amended.
4. Party means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party in any contested case.
5. Person means any individual, partnership, corporation, association, political subdivision or public or private organization of any character other than an agency.
6. Regulation means each agency rule, standard, directive or statement of general applicability that implements or interprets law or policy, or describes the organization, procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior regulation, but does not include:
(a) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;
(b) Declaratory rulings issued pursuant to NRS 233B.120;
(c) Intra-agency memoranda;
(d) Agency decisions and findings in contested cases; or
(e) Regulations concerning the use of public roads or facilities which are indicated to the public by means of signs and signals.
(f) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
κ1967 Statutes of Nevada, Page 808 (CHAPTER 280, SB 192)κ
quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
Sec. 2. Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 12, inclusive, of this act.
Sec. 3. 1. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
2. The notice shall include:
(a) A statement of the time, place and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and regulations involved.
(d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
3. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
4. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
5. The record in a contested case shall include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) A statement of matters officially noticed.
(d) Questions and offers of proof and objections, and rulings thereon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the hearing officer presiding at the hearing.
6. Oral proceedings, or any part thereof, shall be transcribed on request of any party.
7. Findings of fact shall be based exclusively on substantial evidence and on matters officially noticed.
Sec. 4. No agency member who acts as an investigator or prosecutor in any contested case may take any part in the adjudication of such case.
Sec. 5. In contested cases:
1. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent men in the conduct of their affairs. Agencies shall give effect to the rules or privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
κ1967 Statutes of Nevada, Page 809 (CHAPTER 280, SB 192)κ
2. Documentary evidence may be received in the form of authenticated copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
3. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered in the direct examination, impeach any witness regardless of which party first called him to testify, and rebut the evidence against him.
4. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the agencys specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agencys experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
Sec. 6. Where, in a contested case, a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file, within 20 days, exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
Sec. 7. A decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact and decisions shall be based upon substantial evidence. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency regulations, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by certified mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.
Sec. 8. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity to all parties to participate. An agency member may, subject to the provisions of section 5 of this act:
1. Communicate with other members of the agency.
κ1967 Statutes of Nevada, Page 810 (CHAPTER 280, SB 192)κ
2. Have the aid and advice of one or more personal assistants.
Sec. 9. 1. When the grant, denial or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.
2. When a licensee has made timely and sufficient application for the renewal of a license or for a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
3. No revocation, suspension, annulment or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. Such proceedings shall be promptly instituted and determined.
Sec. 10. 1. The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.
2. Within 30 days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under view. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
3. If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
4. The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.
5. The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
κ1967 Statutes of Nevada, Page 811 (CHAPTER 280, SB 192)κ
of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Sec. 11. An aggrieved party may obtain a review of any final judgment of the district court by appeal to the supreme court. The appeal shall be taken as in other civil cases.
Sec. 12. Insofar as any provision of this chapter conflicts with any provision of chapter 612 or 704 of NRS, chapter 612 or 704 of NRS shall govern.
Sec. 13. The provisions of this act do not apply to contested cases pending on July 1, 1967.
________
Senate Bill No. 216Senators Pozzi, Bailey and Swobe
CHAPTER 281
AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by allowing coverage of athletes at the University of Nevada and Nevada Southern University; 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 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Members of varsity and freshman athletic teams at the University of Nevada and Nevada Southern University, while engaged in organized practice or actual competition or any activity related thereto shall be deemed for the purpose of this chapter and for no other purpose to be employees of the University of Nevada at a wage of $50 per month. In the event of injury while engaged in practice, competition or related activity, they are entitled to the benefits of this chapter.
2. This section is for the purpose of extending insurance coverage only, and is in no way intended to affect the amateur status of the members or imply that any such members are receiving wages for participation.
________
κ1967 Statutes of Nevada, Page 812κ
Senate Bill No. 240Senator Young
CHAPTER 282
AN ACT relating to labor of prisoners in the Nevada state prison; broadening projects upon which such labor may be used; 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 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. [The board shall, in all respects, have the exclusive control of the employment of the convicts, and may from time to time employ them in such manner as, in its opinion, will best subserve the interest of the state and welfare of the prisoners; but the board shall not permit or allow the employment of any prisoner or prisoners, except in the manner provided for in subsection 3, on any other than public work of general advantage to the state, including road work, construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board, work on the prison farm, or on any state property, or in any industry adopted by the board for the general employment of the inmates in whole or in part, provided such industry is for the benefit of the state and not for the benefit of the prisoner or prisoners. The board may elect to compensate prisoners for labor supplied in any such industry.
3.] The board shall have the exclusive control of the employment of the prisoners and may employ them in such manner as will best serve the interest of the state and the welfare of the prisoners.
3. The board shall not permit the employment of any prisoner on any other than public work of general advantage to the state, its municipal corporations and political subdivisions. Such work includes, but is not limited to:
(a) Roadwork;
(b) Construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board;
(c) Work on the prison farm or any state property;
(d) The manufacture of license plates and highway signs;
(e) Work in state parks;
(f) Reforestation of state and federal lands;
(g) Work on fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, and flood relief; and
(h) Work in any industry adopted by the state planning board for the general employment of inmates in whole or in part, if such industry is for the benefit of the state, and not for the benefit of any prisoner.
4. The board may compensate prisoners for labor supplied.
κ1967 Statutes of Nevada, Page 813 (CHAPTER 282, SB 240)κ
5. On the application of any prisoner [who has committed no breach of the prison rules for a period of 3 months preceding the date of the application, and whose application is endorsed by the warden, the board may issue a permit, revocable at any time, permitting the prisoner and none other to employ his own time not within the working hours of the day in the manufacture and the sale by the state on his account of such goods and materials as when fabricated shall not enter into competition with any free labor or any manufacturers in the State of Nevada.] whose conduct has been within prison rules and regulations, the warden may permit the prisoner to employ his own time in the manufacture of goods and materials in the prison hobby-craft program. Such goods and materials when fabricated shall be sold by the state on behalf of the prisoner but shall not enter into competition with any free labor or any manufacturers in the State of Nevada.
[4.] 6. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 2. NRS 209.475 is hereby amended to read as follows:
209.475 1. The warden may assign qualified prisoners for work on state parks, reforestation of state and federal lands, fire and recreation trails and areas, erosion control dams, camp and historical sites, abandoned dredging areas, forest and brush fires anywhere in the state, flood relief, and any other project relating to state conservation rehabilitation work. [where no funds for the development of natural resources are available.]
2. To accomplish the objectives of subsection 1, the board [of prison commissioners] may authorize the warden to lease or rent real property and establish thereon stationary or mobile camps to be known as honor camps and to be used by prison inmates employed on such projects, and to purchase or otherwise acquire necessary equipment, machinery, tools, supplies, materials and other personal property.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 814κ
Senate Bill No. 267Committee on Transportation
CHAPTER 283
AN ACT relating to eminent domain proceedings; deleting the statutory provision that a defendants default constitutes a waiver of his right to contest the amount of compensation to be awarded; allowing deposits by the state, in lieu of pledges of the public faith and credit, of a sum equal to the value of the premises plus damages as appraised by the state; providing that a court, jury or master shall determine joint defendants respective rights in and to awards at a separate hearing subsequent to determination of awards as between plaintiff and all defendants; clarifying language; 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 37.085 is hereby amended to read as follows:
37.085 1. Where any defendant has failed to:
(a) Answer within the time allowed, and the clerk has entered his default; or
(b) Appear at the time set for trial, whether such trial be before the court with or without a jury, and the court has directed that his default be entered,
[the defendant shall be deemed to have waived his right to contest the amount of compensation to be awarded, and, thereupon,] the court shall proceed to conduct a hearing to determine the value of the property and any damages.
2. For the purpose of the hearing required by this section, the court may consider, by affidavit or otherwise:
(a) Proof of the value of the property taken;
(b) The damages, if any, which may result from the condemnation; and
(c) The amount, if any, alleged in the complaint to be just compensation, and shall enter such judgment as it deems proper.
Sec. 2. NRS 37.100 is hereby amended to read as follows:
37.100 1. The plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.
2. The court or a judge thereof shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
3. If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action.
κ1967 Statutes of Nevada, Page 815 (CHAPTER 283, SB 267)κ
fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification.
4. In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of such money to the defendant shall not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited shall be conditioned upon the waiver of all defenses except those relating to the amount of compensation.
5. The amount of the penal bond or the deposit shall be for the purpose of the motion only and shall not be admissible in evidence on final hearing.
6. The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.
7. The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond. The provisions of this subsection shall not be construed to prevent the State of Nevada from depositing, in lieu of a pledge of the public faith and credit, with the clerk of the court a sum equal to the value of the premises plus [damages, as provided in subsection 4, in any action or proceeding in which the State of Nevada is the plaintiff.] any damages as appraised by the state.
Sec. 3. NRS 37.115 is hereby amended to read as follows:
37.115 Where there are two or more estates or divided interests in property sought to be condemned, the plaintiff is entitled to have the amount of the award for such property first determined as between plaintiff and all defendants claiming any interest therein. The respective rights of such defendants in and to such award shall be determined by the court, jury, or master in a [separate] later and separate hearing in the same proceeding and the amount apportioned by order accordingly.
Sec. 4. NRS 37.160 is hereby amended to read as follows:
37.160 When the award has been [distributed] deposited as required by NRS 37.150 and the bond given, if required by NRS 37.140, the court shall enter a final order of condemnation describing the property condemned and the purpose of such condemnation.
κ1967 Statutes of Nevada, Page 816 (CHAPTER 283, SB 267)κ
shall enter a final order of condemnation describing the property condemned and the purpose of such condemnation. A copy of the order shall be recorded in the office of the recorder of the county, and thereupon the title to the property described therein shall vest in the plaintiff for the purpose therein specified, except that when the state is the plaintiff, the property shall vest in the state for any public use.
Sec. 5. NRS 37.175 is hereby amended to read as follows:
37.175 1. The plaintiff shall pay interest on the final judgment at the rate of 7 percent per annum, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170.
2. Such interest shall run from the date of entry of judgment or, if the plaintiff has occupied the property of the defendant pursuant to the provisions of NRS 37.100, from the date [of the order permitting] fixed by order on which the plaintiff was entitled to such occupancy, until the final judgment is satisfied.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 417Clark County Delegation
CHAPTER 284
AN ACT relating to the payment of claims against a school district; permitting immediate payment of obligations of $50 or less; establishing liability for unapproved payments; providing for the creation of a revolving cash fund; 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 387.310 is hereby amended to read as follows:
387.310 1. [Subject] Except as provided by section 2 of this act and subject to the direction of the board of trustees, the clerk of the board shall draw all orders for the payment of moneys belonging to the school district.
2. The orders shall be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at the meeting and mailed to any absent member; and, when the orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, or by a majority of the members of the board of trustees, such orders shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school district.
3. No order in favor of the board of trustees or any member thereof, except for authorized travel expenses and subsistence of trustees or for services of any trustee as clerk of the board, shall be drawn.
Sec. 2. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
κ1967 Statutes of Nevada, Page 817 (CHAPTER 284, SB 417)κ
Sec. 3. 1. The board of trustees of any school district may establish a revolving cash fund in any bank whose deposits are insured by the Federal Deposit Insurance Corporation for the purpose of paying bills pursuant to section 4 of this act.
2. The board of trustees may appropriate money to establish such revolving cash fund from the county or joint school district fund in the county treasury.
3. The maximum amount in the revolving cash fund established pursuant to this section shall be:
(a) In school districts having a pupil population of 20,000 or more, $10,000.
(b) In school districts having a pupil population of 5,000 or more but less than 20,000, $5,000.
(c) In school districts having a pupil population of 500 or more but less than 5,000, $2,500.
(d) In school districts having a pupil population of less than 500, $1,000.
Sec. 4. 1. Any person or persons authorized by the board of trustees of the school district may make immediate payment by a check drawn on the revolving cash fund of the school district for purchases in an amount of $50 or less.
2. A copy of the purchase order and a receipted, itemized invoice or its equivalent shall be forwarded to the clerk of the board of trustees, who monthly shall prepare an itemized list of such payments for approval by the board.
3. Upon the approval of such expenditures by the board of trustees, the clerk shall draw an order for the replenishment of the revolving cash fund from the county or joint school district fund in the county treasury belonging to the school district. Such order shall be treated in the same manner as prescribed in NRS 387.310 for the payment of other claims against the school district.
4. Any person who issues a check drawn on the revolving cash fund shall be personally liable for the amount of such check if the board of trustees, in good faith, does not approve of the expenditure.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 423Senator Hug
CHAPTER 285
AN ACT to amend NRS 391.020 and 391.170, relating to certification and employment of public school teachers, by requiring applicants to submit fingerprints and permitting the state board of education to issue a temporary teaching permit pending receipt of the required fingerprint report.
[Approved April 5, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.020 is hereby amended to read as follows:
391.020 1. All teachers certificates and life diplomas shall be granted by the state board of education. The state board of education may issue certificates to all qualified persons under the rules and regulations of the state board of education.
κ1967 Statutes of Nevada, Page 818 (CHAPTER 285, SB 423)κ
may issue certificates to all qualified persons under the rules and regulations of the state board of education.
2. Every applicant for a certificate shall submit with his application a complete set of his fingerprints and written permission authorizing the state board of education to forward such fingerprints to the Federal Bureau of Investigation for its report.
3. An applicant for a certificate, who is otherwise qualified, may be issued a temporary permit to teach until the report referred to in subsection 2 has been received. Such permit shall allow the applicant to enjoy all the privileges and duties of a certificated teacher.
4. Upon receipt of the report referred to in subsection 2 and a determination by the state board of education that the applicant is qualified, a certificate shall be issued to the applicant.
Sec. 2. NRS 391.170 is hereby amended to read as follows:
391.170 No teacher shall be entitled to receive any portion of the public school moneys as compensation for services rendered unless:
1. The teacher shall have been legally employed by the board of trustees of the school district in which he is teaching.
2. The teacher shall have a certificate or temporary permit to teach issued in accordance with law and in full force at the time the services are rendered.
3. The teacher shall have made a full, true and correct report, in the form and manner prescribed by the state board of education, to the superintendent of public instruction and to the board of trustees.
________
Senate Bill No. 471Committee on Taxation
CHAPTER 286
AN ACT relating to gaming; to impose a flat rate license fee for the operation of a limited number of slot machines in lieu of the fees based upon gross revenue; and providing other matters properly relating thereto.
[Approved April 6, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Before issuing a state gaming license to an applicant for the operation of not more than 15 slot machines and no other game or gaming device, the commission shall charge and collect from such applicant a license fee of $25 for each slot machine for each quarter year.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the 25th day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
κ1967 Statutes of Nevada, Page 819 (CHAPTER 286, SB 471)κ
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. No proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
5. Any person failing to pay the license fees provided for in this section on or before the 25th day of the month as required by subsection 2 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, which penalty shall be collected as are other charges, license fees and penalties under this chapter.
Sec. 2. 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 of the 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, 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, license fees and penalties under this chapter.
κ1967 Statutes of Nevada, Page 820 (CHAPTER 286, SB 471)κ
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.] 7. 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. 3. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and [all acts amendatory thereof or supplemental thereto] section 1 of this act shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after April 2, 1957, shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes. If any further action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
κ1967 Statutes of Nevada, Page 821 (CHAPTER 286, SB 471)κ
machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 4. NRS 463.370 is hereby amended to read as follows:
463.370 1. [Before] Except as provided in section 1 of this act, 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
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.
κ1967 Statutes of Nevada, Page 822 (CHAPTER 286, SB 471)κ
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, 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, license fees and penalties under this chapter.]
Sec. 5. 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, and section 1 of this act, 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, license fees and penalties under this chapter.
Sec. 6. A licensee who will on and after July 1, 1967, be required to pay the license fees prescribed in section 1 of this act in lieu of those prescribed in NRS 463.370 is entitled to apply as a credit against his license fee payable for the last quarter year prior to July 1, 1967, the amount of his advance fee deposit as a provisional licensee.
Sec. 7. This act shall become effective upon passage and approval for the purposes of section 6 and of advance payment as required by section 1, and at 12:02 a.m. on July 1, 1967, for all other purposes.
________
Senate Bill No. 119Senator Farr
CHAPTER 287
AN ACT to amend chapter 202 of NRS, relating to crimes against public health and safety, by adding a new section prohibiting the dispensing of prescription glasses by unauthorized persons.
[Approved April 6, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful:
κ1967 Statutes of Nevada, Page 823 (CHAPTER 287, SB 119)κ
1. For a wholesale optical supplier or manufacturer to furnish, sell or dispense prescription glasses or lenses, pursuant to an individual prescription, to anyone other than a licensed optometrist, optician or physician. Such licensed optometrist, optician or physician shall dispense such glasses or lenses to the individual for whom the glasses were prescribed.
2. For a person responsible for industrial safety in any business establishment to dispense prescription glasses to the employees of such business establishment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 492Senators Swobe, Bailey, Hug, Slattery, Young and Farr
CHAPTER 288
AN ACT to amend NRS 391.130, relating to the reemployment of public school teachers, by providing that the board of trustees of school districts may specify the time, within certain limits, within which teachers must return their contracts.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.130 is hereby amended to read as follows:
391.130 1. On or before April 1 of each year, boards of trustees of the several school districts shall notify in writing the teachers in their employ concerning the reemployment of such teachers for the ensuing year. If the board, through its proper official, shall fail so to notify its teachers, then those teachers who are employed and who have been so employed for the major part of the current year shall be deemed reemployed on the same terms as for the then-closing school year, and the board shall issue the regular contracts in such cases as though the board had employed the teachers in the usual manner.
2. Any teacher who shall have been informed of his reemployment by written notice from the board, or who shall have been automatically reemployed in accordance with the provisions of this section, shall, within [10 days thereafter,] a time specified by the board of trustees, but not less than 10 days after receipt of the notice nor later than May 1, present to the board in writing his acceptance of the position. Failure on the part of the teacher to notify the board of his acceptance as provided in this subsection shall be regarded as conclusive evidence of his non-acceptance of the position.
3. Each teacher notified by the board, through its proper official, that he is not reemployed for the ensuing year may, within 10 days of receipt of such notification, make written request to appear at the next regular board meeting. At such meeting the board shall inform the teacher of the reasons for not reemploying him and shall provide an opportunity for the teacher to reply thereto.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 824κ
Senate Bill No. 132Committee on Transportation
CHAPTER 289
AN ACT to amend NRS 408.210, relating to removal of encroachments from highways, by giving the highway engineer authority to issue revocable licenses permitting encroachments on the highways; and increasing damages for failure to remove encroachments upon notice.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.210 is hereby amended to read as follows:
408.210 1. The engineer may restrict the use of, or close, any highway whenever the engineer considers such closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.
2. The engineer is authorized to:
(a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.
(b) Lay out and construct frontage roads on and along any highway or freeway and to divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.
3. The engineer is authorized to remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of 5 days from and after personal service of notice and demand upon the owner [or his agent] of the encroachment [.] or his agent. In lieu of personal service upon such person or his agent, service of such notice may also be made by registered mail and by posting, for a period of 5 days, a copy of the notice on such encroachment described in the notice. Removal by the department of such encroachment on the failure of the owner to comply with such notice and demand shall give the department a right of action to recover the expense of such removal, cost and expenses of suit, and in addition thereto the sum of [$10] $100 for each day such encroachment remains after the expiration of 5 days from the service of the notice and demand.
4. If the engineer determines that the interests of the department are not compromised by a proposed or existing encroachment, he may issue a license to the owner or his agent permitting an encroachment on the highway. Such license shall be revocable and shall provide for relocation or removal of the encroachment in the following manner. Upon notice from the engineer to the owner of the encroachment or his agent, the owner or agent may propose a time within which he will relocate or remove the encroachment as required.
κ1967 Statutes of Nevada, Page 825 (CHAPTER 289, SB 132)κ
encroachment as required. If the engineer and the owner or his agent agree upon such a time, the engineer shall not himself remove the encroachment unless the owner or his agent has failed to do so within the time agreed. If the engineer and the owner or his agent do not agree upon such a time, the engineer may remove the encroachment at any time after the expiration of 30 days from the service of the original notice upon the owner or his agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the engineer shall give the department the right of action provided by subsection 3, but the penalty shall be computed from the expiration of the agreed period or 30-day period, as the case may be.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 188Committee on Taxation
CHAPTER 290
AN ACT to amend NRS 361.325, requiring the Nevada tax commission to establish valuations of livestock, mobile homes and land, by specifying standards for the classification of agricultural land.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.325 is hereby amended to read as follows:
361.325 1. The Nevada tax commission may continue in session from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of the state.
2. After the adjournment of the state board of equalization and on or before the 1st Monday in June of each year, the Nevada tax commission shall:
(a) Fix and establish the valuation for assessment purposes of all livestock and mobile homes in the state; and
(b) Classify land and fix and establish the valuation thereof for assessment purposes. The classification of agricultural land shall be made on the basis of crop or forage production, either in tons of crops per acre or other unit, or animal unit months of forage. An animal unit month is the amount of forage which is necessary for the complete sustenance of one animal unit for a period of 1 month. One animal unit is defined as one cow and calf, or its equivalent, and the amount of forage necessary to sustain one animal unit for 1 month is defined as meaning 900 pounds of dry weight forage per month.
3. The valuation of livestock, mobile homes and land so fixed and established shall be for the next succeeding year and shall be subject to equalization by the state board of equalization at the February meeting thereof for such year.
4. The Nevada tax commission shall have the power to cause to be placed on the assessment roll of any county property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization.
κ1967 Statutes of Nevada, Page 826 (CHAPTER 290, AB 188)κ
board of equalization. Such property shall be placed upon the assessment roll prior to the delivery thereof to the ex officio tax receiver. If such property cannot be placed upon the assessment roll of the proper county within the proper time, it shall thereafter be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon shall be collected for the prior year in the same amount as though collected upon the prior years assessment roll.
5. The Nevada tax commission shall not raise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll of property found to be escaping taxation, it shall be found necessary so to do.
6. Nothing in this section shall be construed as providing an appeal from the acts of the state board of equalization to the Nevada tax commission.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 385Committee on Social Welfare
CHAPTER 291
AN ACT relating to vocational rehabilitation of handicapped persons; creating the rehabilitation division within the department of health and welfare and changing the name of the department to the department of health, welfare and rehabilitation; stating purposes, defining words and terms and specifying the functions, powers and duties of the rehabilitation division and its administrator; providing for cooperation with the Federal Government; prohibiting certain activities and providing penalties; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.350, inclusive, unless the context requires otherwise:
1. Department means the department of health [and welfare.] , welfare and rehabilitation.
2. Director means the director of the department of health [and welfare.] , welfare and rehabilitation.
Sec. 2. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of health [and welfare] , welfare and rehabilitation is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Alcoholism division.
(b) Childrens home division.
(c) Health division.
(d) Mental hygiene division.
κ1967 Statutes of Nevada, Page 827 (CHAPTER 291, AB 385)κ
(e) Nevada girls training center division.
(f) Nevada youth training center division.
(g) Rehabilitation division.
(h) Services to the blind division.
[(h)] (i) Welfare division.
Sec. 3. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene division shall be known as the administrator of the mental hygiene division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, 430 to 433, inclusive, 436, 439 to 447, inclusive, 449 and 450 of NRS, sections 5 to 34, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
Sec. 4. Title 53 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 5 to 34, inclusive, of this act.
Sec. 5. 1. The purposes of this chapter are to:
(a) Rehabilitate handicapped individuals so that they may prepare for and engage in gainful occupations;
(b) Provide physically and mentally disabled persons with a program of services which will result in greater opportunities for them to enter more fully into the life of the community;
(c) Promote activities which will assist the handicapped to reach their fullest potential; and
(d) Encourage and develop facilities and other resources needed by the handicapped.
2. The provisions of this chapter shall be liberally construed to effect its stated purposes.
Sec. 6. As used in this chapter the words and terms defined in sections 7 to 18, inclusive, of this act, shall, unless the context otherwise requires, have the meanings ascribed to them in sections 7 to 18, inclusive, of this act.
Sec. 7. Administrator means the chief of the rehabilitation division of the department of health, welfare and rehabilitation.
κ1967 Statutes of Nevada, Page 828 (CHAPTER 291, AB 385)κ
Sec. 8. Construct includes construction of new buildings, acquisition of existing buildings and expansion, remodeling, alteration and renovation of existing buildings, and initial equipment of such new, newly acquired, expanded, remodeled, altered or renovated buildings.
Sec. 9. Department means the department of health, welfare and rehabilitation.
Sec. 10. Director means the director of the department of health, welfare and rehabilitation.
Sec. 11. Division means the rehabilitation division of the department of health, welfare and rehabilitation.
Sec. 12. Establishment of a rehabilitation facility means:
1. The expansion, remodeling or alteration of existing buildings necessary to adapt or to increase the effectiveness of such buildings for rehabilitation facility purposes;
2. The acquisition of initial equipment for such purposes; or
3. The initial staffing of a rehabilitation facility for a period not exceeding 1 year.
Sec. 13. Establishment of a workshop means:
1. The expansion, remodeling or alteration of existing buildings necessary to adapt such buildings to workshop purposes or to increase the employment opportunities in workshop; and
2. The acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops.
Sec. 14. Gainful occupation includes:
1. Employment in the competitive labor market;
2. Practice of a profession;
3. Self-employment;
4. Homemaking;
5. Farm or family work (including work for which payment is in kind rather than in cash);
6. Sheltered employment; and
7. Home industries or other gainful homebound work.
Sec. 15. Handicapped individual means:
1. Any individual who has a physical or mental disability which constitutes a substantial handicap to employment but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in a gainful occupation, including a gainful occupation which is more consistent with his capacities and abilities.
2. Any individual who has a physical or mental disability which constitutes a substantial handicap to employment for whom vocational rehabilitation services are necessary for the purposes of the determination of rehabilitation potential.
Sec. 16. Physical or mental disability means a physical or mental condition which materially limits, contributes to limiting or, if not corrected, will probably result in limiting an individuals activities or functioning. It includes behavioral disorders characterized by deviant social behavior or impaired ability to carry out normal relationships with family and community which may result from vocational, educational, cultural, social, environmental or other factors.
Sec. 17. Substantial handicap to employment means that a physical or mental disability (in the light of attendant medical, psychological, vocational, cultural, social or environmental factors) impedes an individuals occupational performance, by preventing his obtaining, retaining or preparing for a gainful occupation consistent with his capacities and abilities.
κ1967 Statutes of Nevada, Page 829 (CHAPTER 291, AB 385)κ
vocational, cultural, social or environmental factors) impedes an individuals occupational performance, by preventing his obtaining, retaining or preparing for a gainful occupation consistent with his capacities and abilities.
Sec. 18. Vocational rehabilitation services means any goods and services necessary to render a handicapped individual fit to engage in a gainful occupation, or to determine his rehabilitation potential.
Sec. 19. The department, through the division, shall administer the provisions of this chapter as the sole agency of the State of Nevada for such purpose.
Sec. 20. The administrator shall be appointed on the basis of his education, training, experience and demonstrated abilities and of his interest in vocational rehabilitation and related programs.
Sec. 21. Vocational rehabilitation services shall be provided directly or through public or private resources to any handicapped individual, including any handicapped individual who is eligible under the terms of an agreement or an arrangement with another state or with the Federal Government.
Sec. 22. 1. The administrator shall:
(a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the division;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;
(d) Prepare and submit to the governor, through the director, annual reports of activities and expenditures and, prior to each regular session of the legislature, estimates of sums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 23. The division shall:
1. Take action necessary or appropriate to carry out the purposes of this chapter; and
2. Cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of handicapped individuals, in studying the problems involved therein, and in planning, establishing, developing and providing such programs, facilities and services as may be necessary or desirable.
Sec. 24. The division may:
1. Enter into reciprocal agreements with other states (which, for this purpose, may include the District of Columbia, Puerto Rico, the Virgin Islands and Guam) to provide for the vocational rehabilitation of individuals within the states concerned;
2. Establish or construct rehabilitation facilities and workshops and make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;
κ1967 Statutes of Nevada, Page 830 (CHAPTER 291, AB 385)κ
make grants to, or contracts or other arrangements with, public and other nonprofit organizations for the establishment of workshops and rehabilitation facilities;
3. Operate facilities for carrying out the purposes of this chapter.
4. In matters relating to vocational rehabilitation:
(a) Conduct research, studies, investigations and demonstrations and make reports.
(b) Provide training and instruction (including the establishment and maintenance of such research fellowships and traineeships with such stipends and allowances as may be deemed necessary);
(c) Disseminate information; and
(d) Render technical assistance; and
5. Provide for the establishment, supervision, management and control of small business enterprises to be operated by severely handicapped persons where their operation will be improved through the management and supervision of the division.
Sec. 25. 1. The State of Nevada accepts the provisions and benefits of the Act of Congress entitled An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment, approved June 2, 1920, and as the same has been or may be amended.
2. In addition to the provisions of subsection 1, the division is authorized to accept and direct the disbursement of funds appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational rehabilitation program.
3. In accepting the provisions and benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to observe and comply with all of their requirements.
Sec. 26. 1. In order to facilitate the making of vocational rehabilitation disability determinations in this state, the department through the division, on behalf of the State of Nevada, is authorized to enter into an agreement or agreements with the United States Government, by and through the Secretary of Health, Education, and Welfare, or any other federal agency, for the making of disability determinations, receiving and expending federal funds for the making of such determinations, and to perform other acts and functions necessary to effectuate the provisions of any Act of Congress, and with all applicable federal regulations adopted pursuant thereto.
2. The department, by and through the division, shall make the disability determinations required by the provisions of any Act of Congress, and the state treasurer is directed to disburse the funds required for the making of such determinations upon claims by the administrator in the same manner as other claims against the state are paid.
Sec. 27. 1. The department through the division shall make agreements, arrangements or plans to:
(a) Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to vocational rehabilitation and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans for vocational rehabilitation; and
κ1967 Statutes of Nevada, Page 831 (CHAPTER 291, AB 385)κ
(b) Comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
2. Upon designation by the governor, in addition to those provided in subsection 1, the department through the division may perform functions and services for the Federal Government relating to individuals under a physical or mental disability.
Sec. 28. 1. The division is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.
2. If federal funds are not available to the state for vocational rehabilitation purposes, the department shall include as a part of its budget a request for adequate state funds for vocational rehabilitation purposes.
Sec. 29. 1. The state treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.
2. The state treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the division.
Sec. 30. 1. The division is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the administrator are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the special maintenance fund for the vocational rehabilitation of disabled persons. Such moneys may be invested, reinvested and used as provided in subsection 1.
Sec. 31. The right of a handicapped individual to maintenance under this chapter shall not be transferable or assignable at law or in equity, and none of the moneys paid or payable or rights existing under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Sec. 32. 1. Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the division with respect to him shall be entitled, in accordance with regulations, to an opportunity for a fair hearing before the division and the right to be represented in the hearing by his counsel.
2. If after such hearing the individual feels himself aggrieved by the decision of the division in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the division, a copy of which shall be certified as correct by the administrator and filed by the division with the clerk of the court as part of its answer to any such petition for review.
3. The district court shall either affirm the decision of the division, or, if it concludes that the findings of the division are not supported by evidence or that the divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the division for further proceedings in conformity with the decision of the court.
κ1967 Statutes of Nevada, Page 832 (CHAPTER 291, AB 385)κ
or, if it concludes that the findings of the division are not supported by evidence or that the divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the division for further proceedings in conformity with the decision of the court.
Sec. 33. It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program or any other arrangements, agreements or plans pursuant to this chapter, and in accordance with regulations of the division, for any person to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving any services under this chapter, directly or indirectly derived from the records, papers, files or communications of the division, or acquired in the course of the performance of its official duties.
Sec. 34. 1. No officer or employee engaged in the administration of the vocational rehabilitation program shall use his official authority to influence or permit the use of the vocational rehabilitation program for the purpose of interfering with an election or affecting the results thereof or for any partisan political purpose. No such officer or employee shall solicit or receive, nor shall any officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose.
2. Any officer or employee violating the provisions of this section shall be discharged.
Sec. 35. NRS 616.083 is hereby amended to read as follows:
616.083 Trainees in a rehabilitation facility operated by the [division of vocational rehabilitation of the state department of education,] rehabilitation division of the department of health, welfare and rehabilitation, while engaged in an evaluation or training program and while acting under the direction or authorization of the [state board for vocational education] rehabilitation division of the department of health, welfare and rehabilitation in any county, city or town, shall be deemed, for the purpose of this chapter, employees of the [state board for vocational education] rehabilitation division of the department of health, welfare and rehabilitation receiving a wage of $200 per month, and shall be entitled to the benefits of this chapter upon compliance by the [state board for vocational education with the provisions of this chapter.] rehabilitation division of the department of health, welfare and rehabilitation.
Sec. 36. NRS 616.223 is hereby amended to read as follows:
616.223 1. Subject to the provisions of this section, the commission is authorized to enter into cooperative agreements with the [state board for vocational education] rehabilitation division of the department of health, welfare and rehabilitation for the benefit of disabled employees entitled to compensation and benefits pursuant to the provisions of this chapter.
2. Among other things such cooperative agreements may provide that:
(a) With the consent of the disabled employee, the compensation and money benefits due him under the provisions of this chapter shall be paid to the [state board for vocational education] rehabilitation division of the department of health, welfare and rehabilitation for deposit by such [board] division in the vocational rehabilitation fund hereby created in the state treasury to be expended by such [board] division for the benefit of such disabled employee.
κ1967 Statutes of Nevada, Page 833 (CHAPTER 291, AB 385)κ
paid to the [state board for vocational education] rehabilitation division of the department of health, welfare and rehabilitation for deposit by such [board] division in the vocational rehabilitation fund hereby created in the state treasury to be expended by such [board] division for the benefit of such disabled employee.
(b) Within the limits of the money so made available to the [state board for vocational education such board] rehabilitation division of the department of health, welfare and rehabilitation such division shall:
(1) Provide allowances for living expenses while the disabled employee is undergoing examination or treatment or awaiting or receiving restorative or vocational training.
(2) Pay for such medical and psychological examinations and treatments and for such prosthetic appliances as are determined by the [state board for vocational education,] division, in its sole discretion, to be necessary for the disabled employees rehabilitation.
3. The [state board for vocational education] rehabilitation division may direct the apportionment of benefits between those provided under subparagraph (1) of paragraph (b) of subsection 2 and those provided under subparagraph (2) of paragraph (b) of subsection 2.
4. Compensation, benefits or any other payments required under any such authorized cooperative agreement shall not exceed the compensation and benefits authorized and provided for under this chapter.
Sec. 37. NRS 616.277 is hereby amended to read as follows:
616.277 1. In case of injury, coverage by industrial insurance shall be provided for rehabilitation trainees while enrolled in a rehabilitation facility operated by the [division of vocational rehabilitation of the state department of education,] rehabilitation division of the department of health, welfare and rehabilitation, related to evaluation, treatment, training, surgical apparatuses or medications.
2. The [executive officer of the state board for vocational education] administrator of the rehabilitation division of the department of health, welfare and rehabilitation shall make payments to the commission on all trainees enrolled in a rehabilitation facility operated by the [division of vocational rehabilitation of the state department of education] rehabilitation division of the department of health, welfare and rehabilitation in the State of Nevada at the rate set by the commission based on a wage of $200 per month per trainee.
3. Payments shall be made from the special maintenance fund for the vocational rehabilitation of disabled persons.
Sec. 38. NRS 387.055, 388.410, 388.420 and 388.430 are hereby repealed.
Sec. 39. Upon the effective date of this act:
1. Moneys in the special maintenance fund for the vocational rehabilitation of disabled persons and in the vocational rehabilitation fund in the state treasury and all other moneys in the state treasury appropriated or granted for vocational rehabilitation which do not revert to the general fund pursuant to law shall be subject to expenditure by the rehabilitation division of the department of health, welfare and rehabilitation for the uses and purposes specified by law.
2. All personnel of the state board for vocational education administering vocational rehabilitation programs and all records, papers, files, registers, property and equipment theretofore acquired by the state board for vocational education for vocational rehabilitation programs are and shall be transferred to the rehabilitation division of the department of health, welfare and rehabilitation.
κ1967 Statutes of Nevada, Page 834 (CHAPTER 291, AB 385)κ
registers, property and equipment theretofore acquired by the state board for vocational education for vocational rehabilitation programs are and shall be transferred to the rehabilitation division of the department of health, welfare and rehabilitation.
3. All regulations, plans, contracts, agreements and arrangements adopted, made or entered into by the state board for vocational education prior to July 1, 1967, including without limitation the regulations, other plan material and project commitments submitted in connection with the Vocational Rehabilitation Act and the agreement for disability determinations under section 221 of the Social Security Act, in areas which under this act become the responsibility of the department of health, welfare and rehabilitation on July 1, 1967, shall continue and remain effective until appropriately modified by the department of health, welfare and rehabilitation.
Sec. 40. Wherever there appears in any chapter of the Statutes of Nevada 1967, the name department of health and welfare, such name shall be deemed to be department of health, welfare and rehabilitation, and in preparing the 1967 supplement to Nevada Revised Statutes, the legislative counsel shall change the name department of health and welfare to department of health, welfare and rehabilitation in Nevada Revised Statutes.
Sec. 41. 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. 42. This act shall become effective July 1, 1967.
________
Senate Bill No. 329Committee on Finance
CHAPTER 292
AN ACT to amend NRS 2.300, relating to employment by the supreme court of stenographic and law clerks, by increasing the number of stenographic and law clerks authorized.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.300 is hereby amended to read as follows:
2.300 The supreme court, or a majority thereof, is authorized to employ [two] four stenographic clerks and [three] five law clerks.
Sec. 2. This act shall become effective October 1, 1967.
________
κ1967 Statutes of Nevada, Page 835κ
Senate Bill No. 93Senators Swobe and Young
CHAPTER 293
AN ACT relating to the supreme court; increasing the number of justices and providing for their commission, salary and transaction of business; and providing other matters properly relating thereto.
[Approved April 7, 1967]
Whereas, Section 2 of article 6 of the constitution of the State of Nevada authorizes the legislature to provide for two additional associate justices of the supreme court by specific legislative action, and if so done, three justices shall constitute a quorum; and
Whereas, The growth of appellate judicial business in this state now requires the legislature to exercise its constitutional authority and provide for two additional associate justices; and
Whereas, Although the constitution specifically states that three justices shall constitute a quorum of the supreme court when comprised of five justices, the legislature believes that such court, when enlarged, should sit en banc and not in divisions, thus providing the citizens of our state with the benefits of a wider scope of judicial inquiry, knowledge and experience; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.010 is hereby amended to read as follows:
2.010 The supreme court shall consist of a chief justice and [two] four associate justices. Each justice hereafter elected or appointed shall be commissioned by the governor, and, before entering upon the discharge of his duties, shall take the constitutional oath of office.
Sec. 2. NRS 2.030 is hereby amended to read as follows:
2.030 1. The justices of the supreme court shall be chosen at general elections by the qualified electors of the state. [One of the justices shall be chosen at the general election of 1866, and one every second year thereafter, and] Except as provisionally limited in subsection 2, each justice shall hold his office for the term of 6 years from and including the 1st Monday of January next after his election. The senior justice in commission shall be chief justice and in case the commission of any two or more of the justices shall bear the same date, they shall determine by lot who shall be chief justice.
2. On October 1, 1967, the governor shall appoint two additional justices for terms expiring on the 1st Monday in January 1969. Their successors shall be chosen as follows:
(a) One justice shall be chosen at the general election in 1968, for a term of 4 years from and including the 1st Monday in January 1969.
(b) One justice shall be chosen at the general election in 1968, for a term of 6 years from and including the 1st Monday in January 1969.
3. At the general election in 1968, in addition to the justices chosen pursuant to subsection 2, one justice shall be chosen to succeed the justice whose term of office, current on the effective date of this act, expires on the 1st Monday in January 1969. At the general elections in 1972 and 1974, and every sixth year respectively thereafter, two justices shall be chosen.
κ1967 Statutes of Nevada, Page 836 (CHAPTER 293, SB 93)κ
chosen. At the general election in 1970, and every sixth year thereafter, one justice shall be chosen.
Sec. 3. NRS 2.050 is hereby amended to read as follows:
2.050 1. [Until the 1st Monday in January 1967, the justice of the supreme court whose term of office expires on the 1st Monday in January 1967 shall receive an annual salary of $18,000. From and after the 1st Monday in January 1967, his successor and successors in office shall receive an annual salary of $22,000.
2.] Until the 1st Monday in January 1969, the justice of the supreme court whose term of office expires on the 1st Monday in January 1969, shall receive an annual salary of $20,000. From and after the 1st Monday in January 1969, his successor and successors in office shall receive an annual salary of $22,000.
[3.] 2. Until the 1st Monday in January 1971, the justice of the supreme court whose term of office expires on the 1st Monday in January 1971 shall receive an annual salary of $20,000. From and after the 1st Monday in January 1971, his successor and successors in office shall receive an annual salary of $22,000.
3. The justice elected for a term of 6 years at the general election in 1966 and the justices appointed by the governor on October 1, 1967, and their respective successors, shall receive an annual salary of $22,000.
4. All salaries herein provided for shall be payable in semimonthly installments as other state officers are paid.
Sec. 4. NRS 2.140 is hereby amended to read as follows:
2.140 [Two] Three justices shall constitute a quorum for the transaction of business, excepting such business as may be done at chambers, and the concurrence of [two] three justices who heard the argument shall be necessary to pronounce any judgment, except in chamber business; and if [two] three justices who have heard the argument do not agree, the case shall be reargued.
Sec. 5. This act shall become effective October 1, 1967.
________
Assembly Bill No. 376Mrs. Frazzini, Messrs. Prince, Viani and Manning
CHAPTER 294
AN ACT to amend chapter 426 of NRS, relating to benefits and privileges for blind persons, by adding new sections relating to the regulation of the sale and distribution of blind-made products and the solicitation of contributions for the benefit of blind persons; providing licensing requirements; providing penalties; requiring contribution to certain charitable organizations or the services to the blind division; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
κ1967 Statutes of Nevada, Page 837 (CHAPTER 294, AB 376)κ
1. Blind means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Direct labor means all work required for the preparation, processing, assembling and packing, but not including supervision, administration, inspection and shipping.
3. Division means the services to the blind division of the department of health and welfare.
4. Person includes any institution, public or private, firm, corporation, partnership or association.
Sec. 3. The legislature hereby determines and declares that:
1. Any misrepresentation that goods offered for sale are the products of blind workmen is a special matter of statewide concern.
2. It is the policy of this state that all persons engaged within this state:
(a) In the sale or distribution of goods or products which are represented to the retail buyer as made by blind workmen; or
(b) In the solicitation of charity for the blind,
shall be licensed annually and regulated for the better protection of the public health, safety, morals and general welfare of the inhabitants of the State of Nevada.
Sec. 4. The division is hereby designated as the sole licensing agency for the purposes of sections 2 to 9, inclusive, of this act.
Sec. 5. 1. Application for a license pursuant to the provisions of sections 2 to 9, inclusive, of this act shall be made under oath or affirmation to the division on forms furnished by the division.
2. The application shall include:
(a) The name and address of the applicant.
(b) The names and addresses of the officers, directors, trustees and principal salaried executive staff officer of the applicant.
(c) The nature of any article sold or distributed by the applicant.
(d) Such other information and details as the division may require.
3. Each application shall be accompanied by payment of a license fee to be fixed by the division, which shall not exceed $10.
4. A license issued pursuant to the provisions of sections 2 to 9, inclusive, of this act shall be valid for 1 year from the date of issue.
Sec. 6. Any licensed person engaged within this state in the sale or distribution of goods or products made by blind workmen is authorized to imprint or stamp upon such goods or products, or otherwise affix thereto, labels containing the words made by a blind workman, or made by the blind or blind-made, if not less than 75 percent of the total hours of direct labor of producing such goods or products have been performed by a blind workman. Such labels shall include the place of manufacture and may include the name of the particular workman who made the article.
Sec. 7. 1. No goods or product which does not bear the label authorized by section 6 of this act may be sold or offered for sale as made by the blind.
2. Any violation of the provisions of sections 2 to 9, inclusive, of this act is a misdemeanor.
κ1967 Statutes of Nevada, Page 838 (CHAPTER 294, AB 376)κ
Sec. 8. 1. Where goods or a product labeled pursuant to section 6 of this act is sold for a price greater than the then-current market price of an article of identical quality and quantity as determined by the division, a sum equal to 25 percent of such price differential shall be contributed by the seller of such article to one or more charitable organizations approved by the division or 25 percent of such price differential shall be collected by the division from the seller of such article to be used for the rehabilitation of the blind.
2. Before issuing a license for a charitable solicitation by an organization located within this state, the division shall satisfy itself that at least 25 percent of the proceeds will be used for the benefit of the blind in this state. If a license is issued for a charitable solicitation by an organization not located within this state, the division shall collect from such organization 25 percent of the contributions received in this state, and shall use such proceeds for the rehabilitation of the blind.
3. The division may promulgate such regulations as are necessary to administer subsections 1 and 2, subject to the provisions of chapter 233B of NRS.
Sec. 9. Any person aggrieved by a final ruling or determination of the division pursuant to sections 2 to 9, inclusive, of this act is entitled to a hearing before the division and, whether or not a petition for rehearing is filed, may obtain judicial review thereof in the district court of the county in which the petitioner resides or has his or its principal place of business.
________
Senate Bill No. 241Senator Slattery
CHAPTER 295
AN ACT directing the Virginia City Restoration Commission to continue its studies and investigations concerning the problems of restoring Virginia City and to report its findings to the 55th session of the Nevada legislature.
[Approved April 7, 1967]
Whereas, Pursuant to the provisions of chapter 175, Statutes of Nevada 1963, the Virginia City Restoration Commission was created and charged with a study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto; and
Whereas, The Virginia City Restoration Commission has filed a report of its findings with the Nevada legislature; and
Whereas, Additional study and investigation by such commission is proper and necessary; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Virginia City Restoration Commission created pursuant to the provisions of chapter 175, Statutes of Nevada 1963, is hereby directed to continue its study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto, and shall report its additional findings and recommendations to the 55th session of the legislature of the State of Nevada.
κ1967 Statutes of Nevada, Page 839 (CHAPTER 295, SB 241)κ
of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto, and shall report its additional findings and recommendations to the 55th session of the legislature of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 25Senator Titlow
CHAPTER 296
AN ACT to amend chapter 362 of NRS, relating to assessment and taxation of patented mines and proceeds thereof, by adding a new section prescribing the method of taxation of patented mining claims used for purposes other than mining or agriculture; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 362 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever any portion of a patented mine is used by the patentee or a successor in interest for a purpose unrelated to mining or agriculture, the portion of such patented mine so used shall cease to be a patented mine or part thereof and shall be taxed as other real property is taxed.
2. For the purpose of this section, a dwelling placed upon a patented mine to be occupied by the operator of such patented mine or his agent is not a use unrelated to mining.
3. Whenever any patented mine is taxed as real property, such taxation shall not affect the status of contiguous patented mines.
________
Senate Bill No. 284Committee on Finance
CHAPTER 297
AN ACT relating to the legislative commission; requiring the legislative commission to make studies and investigations when directed by concurrent resolutions of the legislature; authorizing the commission to fix the work priority of such studies and investigations; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.635 is hereby amended to read as follows:
218.635 1. The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature within the limits of available time, money and staff. The legislative commission shall not make studies or investigations so directed by resolutions of only one house of the legislature.
κ1967 Statutes of Nevada, Page 840 (CHAPTER 297, SB 284)κ
studies or investigations so directed by resolutions of only one house of the legislature.
2. Between sessions of the legislature no study or investigation shall be initiated or continued by the fiscal analyst, the legislative counsel or the research director and their staffs except such studies and investigations which have been specifically authorized by [a senate or assembly resolution] concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation shall be carried over from one session of the legislature to the next without additional authorization by [the senate or assembly.] a concurrent resolution of the legislature.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 320Committee on Finance
CHAPTER 298
AN ACT to provide for repayment of the construction costs of the purchasing warehouse building from the working capital and operating fund of the purchasing division of the department of administration to the general fund in the state treasury.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, shall be repaid over a 20-year period at 3 percent interest from the working capital and operating fund to the general fund in the state treasury.
2. The state controller shall for this purpose:
(a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period; and
(b) On June 30 of each year transfer the amount of one payment from the working capital and operating fund to the general fund in the state treasury, until the prescribed amount and interest have been fully paid.
________
κ1967 Statutes of Nevada, Page 841κ
Senate Bill No. 335Senator Fisher
CHAPTER 299
AN ACT authorizing the legislative counsel to compile and publish manuals or handbooks containing selected portions of Nevada Revised Statutes; providing for the sale of such publications; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
With the approval of the legislative commission, the legislative counsel may compile and publish manuals or handbooks containing selected portions of Nevada Revised Statutes. Such manuals and handbooks shall be sold at a price fixed by the legislative commission and all moneys received for the sale of such publications shall be deposited in the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 472Committee on Commerce
CHAPTER 300
AN ACT to amend chapter 658 of NRS, relating to state supervision and control of banks, by adding a new section establishing fees of the superintendent of banks for bank examinations.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 658 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The superintendent of banks shall charge and collect the following examination and survey fees in connection with his official duties:
(a) For examination of state banks:
(1) A fee of $100 for each parent bank, payable on June 30 and December 31 of each year.
(2) A fee of $25 for each branch bank, payable on June 30 and December 31 of each year.
(3) A fee of 4 cents per $1,000 of the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year.
(b) For surveys of new branch bank sites or new bank applications:
(1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
(c) For a special bank examination:
κ1967 Statutes of Nevada, Page 842 (CHAPTER 300, SB 472)κ
(1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
(d) For examination of trust departments of state banks:
(1) $125 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
2. All moneys collected under this section shall be paid into the general fund in the state treasury.
________
Senate Bill No. 319Committee on Finance
CHAPTER 301
AN ACT to provide for repayment of the construction costs of the state printing office and plant from the state printing fund to the general fund in the state treasury.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 344 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The construction costs of $590,017 for the state printing office and plant shall be repaid over a 20-year period at 3 percent interest from the state printing fund to the general fund in the state treasury.
2. The state controller shall for this purpose:
(a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period; and
(b) On June 30 of each year transfer the amount of one payment from the state printing fund to the general fund in the state treasury, until the prescribed amount and interest has been fully paid.
________
Assembly Bill No. 87Committee on Elections
CHAPTER 302
AN ACT relating to elections; requiring that voter lists be provided without charge to political parties; providing the order of business at county conventions; requiring the chartering of political fund raisers; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.137 is hereby amended to read as follows:
293.137 1. [At] Promptly at the time and place appointed therefor, such mass meeting shall be convened and organized in each precinct. If access to the premises appointed for any such meeting is for any reason not available, the meeting may be convened at an accessible place immediately adjacent thereto.
κ1967 Statutes of Nevada, Page 843 (CHAPTER 302, AB 87)κ
access to the premises appointed for any such meeting is for any reason not available, the meeting may be convened at an accessible place immediately adjacent thereto. All such meetings shall be conducted openly and publicly and in such a manner that they are freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the partys county convention shall be elected by ballot. The result of the election shall be certified to the county convention of the party by the chairman and the secretary of the meeting [.] upon the forms specified in subsection 3.
2. If any precinct fails to elect delegates to any partys county convention, the county central committee then in office may fill the vacancies from qualified members of the party in such precinct, and the secretary of the county central committee shall certify the same to the county convention.
3. The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate shall be in duplicate. The original shall be given to the elected delegate, and the duplicate transmitted to the county central committee.
4. All such duplicates shall be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates shall be seated without dispute.
Sec. 2. NRS 293.140 is hereby amended to read as follows:
293.140 1. At a time and date set by the respective state central committees in each year in which a general election is held, or if no earlier date be fixed then on the 2nd Tuesday in April, the delegates so elected to each party county convention shall convene at the place in the county seat designated by the partys county central committee and there organize, elect the delegates to which the qualified electors of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term. They may also adopt a county platform and take such other action, consistent with the provisions of this chapter, pertaining to the affairs of their party in such county, as they may deem proper.
2. The manner of organizing such conventions shall be as follows:
(a) The county central committee shall, prior to the date of the convention, designate a preliminary credentials committee to examine the credentials of all persons claiming to be delegates. All such persons concerning whose credentials there is no dispute shall be seated as delegates.
(b) The persons so seated shall elect a temporary chairman, who shall appoint a temporary secretary and a credentials committee to examine and report on all cases of disputed credentials.
(c) When all such disputes have been determined, the convention shall complete its organization and adopt its agenda.
3. The chairman and the secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
κ1967 Statutes of Nevada, Page 844 (CHAPTER 302, AB 87)κ
certify to the state convention the result of the election by the county convention of delegates to the state convention.
Sec. 3. NRS 293.440 is hereby amended to read as follows:
293.440 1. When the county clerk causes a list of registered voters, segregated by districts or precincts, to be published in any newspaper circulated in such county, newspapers publishing such list shall not be paid more than 10 cents per name.
2. Any person desiring a copy of any precinct, district or county list may obtain such copy by applying at the office of the county clerk and paying therefor a sum of money equal to one-half cent per each name on such list [.] , but one copy of each original and supplemental precinct, district or county list shall be provided to the central committee of any political party, as defined in NRS 293.073, upon request, without charge.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed precinct or district lists.
Sec. 4. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person or persons to solicit any funds, fees, dues or other moneys for any organization the title of which incorporates the name, or any form of the name, of any political party in the State of Nevada, as defined in NRS 293.073, without first having obtained written approval therefor, or a charter for such organization, from the central committee of the political party the name of which is being used or incorporated in the title of such organization for the county in which such funds are being solicited.
2. Nothing in this section requires any person or organization to obtain such a charter or written approval if such person or organization is:
(a) Publicly organized for the sole and limited purpose of supporting the candidacy of a particular candidate in a single election.
(b) Chartered by a national political party or organization.
(c) Chartered by a state central committee in Nevada.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 134Committee on Elections
CHAPTER 303
AN ACT relating to elections; to facilitate the conduct of elections; to clarify the election laws; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.063 is hereby amended to read as follows:
293.063 Independent candidate means a candidate who has been nominated for a partisan office [without political party affiliation] but who is registered with no political party affiliation pursuant to the provisions of this Title.
κ1967 Statutes of Nevada, Page 845 (CHAPTER 303, AB 134)κ
Sec. 2. NRS 293.165 is hereby amended to read as follows:
293.165 1. A vacancy occurring in a party nomination for office [after a primary election and before a general election] may be filled by a candidate designated by the appropriate political party central committee of the county or state, as the case may be [.] , where:
(a) The nominee dies after the primary election and before the general election.
(b) The only person who has filed a declaration or acceptance of candidacy dies after the close of filing and before the primary election.
2. A vacancy occurring in a nonpartisan nomination after a primary election and before a general election shall be filled by the person who received the next highest vote for such nomination in the primary. If there is no such person, the vacancy may be filled by filing a petition with the proper filing officer designating a candidate and signed by a number of registered voters equal [in number] to 5 percent or more of the [total vote cast for Representative in Congress] number of voters who voted at the last preceding general election in the township, county, district or state, as the case may be.
3. All designations and petitions provided for in this section shall be filed before [9 p.m. of the sixth Saturday preceding the general election.] 5 p.m. of the 1st Wednesday in October. In each case, the statutory filing fee shall be paid and an acceptance of the nomination or designation shall be filed before [9 p.m. of the sixth Saturday preceding the general election.] 5 p.m. of the 1st Wednesday in October.
Sec. 3. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy shall be paid to the filing officer [.] by cash, cashiers check or certified check.
United States Senator.......................................................................... $250
Representative in Congress............................................................... 150
Governor................................................................................................ 150
Justice of the supreme court.............................................................. 150
Any state office, other than governor or justice of the supreme court 100
Any district office................................................................................ 75
Any county office................................................................................ 40
State senator......................................................................................... 30
Assemblyman....................................................................................... 15
Justice of the peace, constable or other town or township office 10
2. No filing fee shall be required from a candidate for an office the holder of which receives no compensation.
Sec. 4. NRS 293.227 is hereby amended to read as follows:
293.227 1. In any precinct or district where ballots are used, the election board shall consist of five members, one of whom shall be designated chairman by the county clerk. Such boards shall make the records of election required by this chapter.
2. The county clerk shall conduct or cause to be conducted, at least 5 days prior to the date of the election for which the boards are appointed, a school for the chairmen for the purpose of acquainting such chairmen with the election laws, duties of election boards, the rules and regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards.
κ1967 Statutes of Nevada, Page 846 (CHAPTER 303, AB 134)κ
such chairmen with the election laws, duties of election boards, the rules and regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards. If the person appointed chairman is unable for any reason to attend such school, he shall appoint some other member of his election board to attend such school in his stead.
3. The board of county commissioners of any county may reimburse the chairmen or their designates who attend such school for their travel expenses at a rate not exceeding 10 cents per mile.
4. Each chairman shall instruct his board before election day.
Sec. 5. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner [not inconsistent] consistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, ballot labels, voting machine labels, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
2. [The form of all such ballots shall be uniform throughout the state.] He shall prescribe the arrangement of the matter to be printed on every kind of ballot and label, including:
(a) The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and issues upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
3. The names of candidates for township and legislative or special district offices shall be printed only on the ballots and ballot labels furnished to voters of such township or district.
Sec. 6. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or question [on or before the 1st Monday in August of the year in which such constitution, amendment or question] which will appear on the general election ballot.
2. Whenever feasible, he shall provide such copies on or before the 1st Monday in August of the year in which such proposals will appear on the ballot. Copies of any additional proposals shall be provided as soon after their filing as feasible.
3. On or before the 4th Friday in October, each county clerk shall post one such copy at each polling place in the county outside the limits of incorporated cities.
[3.] 4. Each county clerk shall cause a copy of any such constitution, amendment or question to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at [10-day] intervals [,] of not less than 7 days, the first publication to be on or before the 1st Monday in October. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
κ1967 Statutes of Nevada, Page 847 (CHAPTER 303, AB 134)κ
5. When a copy is furnished by the secretary of state too late to be published at 7-day intervals, it shall be published three times at the longest intervals feasible in each county.
Sec. 7. NRS 293.257 is hereby amended to read as follows:
293.257 1. There shall be a separate primary ballot for each political party and a separate nonpartisan primary ballot.
2. The names of candidates for partisan offices who have designated a political party in the declaration of candidacy or acceptance of candidacy shall appear on the primary ballot of the political party designated.
3. The names of candidates for nonpartisan offices shall appear on all political party primary ballots and ballot labels and on nonpartisan ballots and ballot labels.
[4. The names of candidates for township and assembly district offices shall be printed only on the ballots and ballot labels furnished to voters of such township or district.
5. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.]
Sec. 8. NRS 293.263 is hereby amended to read as follows:
293.263 [1.] On political party primary ballots the name of the particular political party shall appear at the top of the ballot. [and the designation Candidates for partisan office shall appear under the party name.] Following this designation shall appear the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
[2. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.]
Sec. 9. NRS 293.265 is hereby amended to read as follows:
293.265 [1.] On nonpartisan primary ballots there shall appear at the top of the ballot the designation Candidates for nonpartisan offices. Following this designation shall appear the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
[2. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.]
Sec. 10. NRS 293.267 is hereby amended to read as follows:
293.267 1. General election ballots shall contain the names of candidates who were nominated at the primary election and the names of independent candidates.
[2. At the top of the general election ballot shall appear the designation Candidates for partisan office. Under such designation shall appear the names of the nominated candidates grouped alphabetically under the title of the partisan office for which such candidates filed.
3. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of the nominated candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
4.] Names of candidates shall be grouped alphabetically under the title of the office for which such candidates filed.
κ1967 Statutes of Nevada, Page 848 (CHAPTER 303, AB 134)κ
3. Immediately following the name of each candidate for a partisan office shall appear the name of his political party or the word independent, as the case may be.
[5. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.] Immediately following the name of each candidate for a nonpartisan office shall appear the word nonpartisan.
Sec. 11. NRS 293.293 is hereby amended to read as follows:
293.293 1. The voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of the candidate for whom he intends to vote for each office, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated shall constitute a vote for such partys candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the cross shall be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the watermark and the number of the ballot appear on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce [the name of the voter and] the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook shall [, if he finds the number to agree with the number of the ballot issued to the voter,] repeat the [name and] number, and mark in the column opposite the [name and] number the word Voted, or a character indicating the word Voted.
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box unless the watermark appears thereon, and until the slip containing the number of the ballot has been removed therefrom by the election board officer. The strip bearing the number [may be destroyed or given to the voter.] shall be retained by the election board officer.
7. When a voter has cast his vote on a voting machine, the attendant shall inspect the face of the machine to see that the ballot label is in its proper place, that no printed matter has been placed in the compartment, and that no other act has been performed which might interfere with subsequent votes.
Sec. 12. NRS 293.297 is hereby amended to read as follows:
293.297 1. Any voter who spoils his ballot may return such spoiled ballot to the election board and receive another in its place.
2. The election board officers shall indicate in the pollbook that such ballot is spoiled and shall enter the number of the ballot issued in its place.
3. Each spoiled ballot returned shall be canceled without unfolding it by writing the word Canceled across the back of the ballot. A record shall be made of such canceled ballots at the closing of the polls and before counting.
κ1967 Statutes of Nevada, Page 849 (CHAPTER 303, AB 134)κ
before counting. Such ballots shall be placed in a separate envelope and returned to the county clerk with the election supplies. [and the ballots not issued to voters.]
Sec. 12.5. NRS 293.310 is hereby amended to read as follows:
293.310 1. A registered voter who requests and receives an absent voters ballot may vote only by absent ballot at the election for which such absent ballot was issued.
2. When any registered voter has requested an absent ballot and such ballot has been mailed or issued or an admission authority to a voting machine has been issued, the county clerk shall notify the precinct or district election board that the registered voter has requested an absent ballot.
Sec. 13. NRS 293.315 is hereby amended to read as follows:
293.315 A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the Tuesday preceding any election, make application [in person, by mail, telephone or telegraph] to the clerk of the county in which he is registered for an absent voters ballot. When such voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.
Sec. 14. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as provided in subsection 2, when an absent ballot is returned by a registered voter to the county clerk through the mails, and record thereof is made in the absent ballot record book, the county clerk shall deliver, or cause to be delivered, such ballot to the precinct or district election board.
2. If the county clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voters ballot, make a record of the return, check the signature on the return envelope against the original signature of the voter on the county clerks register. [, and mark opposite the voters name on the pollbooks the letters AB to indicate the elector has voted by absent ballot.]
3. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box.
4. On election day the county clerk shall deliver such ballot box to the absent ballot counting board to be counted.
Sec. 15. NRS 293.367 is hereby amended to read as follows:
293.367 1. No ballot which lacks the proper watermark may be counted, but such ballots shall be preserved and returned with the other ballots.
2. No vote may be counted unless indicated by a cross in the appropriate square.
3. An error in marking one or more votes on a ballot shall not invalidate any votes properly marked on such ballot.
4. If more choices than permitted by the instructions are marked for any office or question, the vote for such office or question may not be counted.
5. If it is impossible to determine a voters choice for any office or question, his vote or votes for such office or question may not be counted.
6. A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
κ1967 Statutes of Nevada, Page 850 (CHAPTER 303, AB 134)κ
7. Only devices provided for in this chapter may be used in marking ballots.
8. [Except as provided in subsection 9, it] It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
9. When an election board officer rejects a ballot for any alleged defect or illegality, such officer shall [write upon the back of such ballot] seal such ballot in an envelope and write upon the envelope a statement that it was rejected and the reason therefor.
Sec. 16. NRS 293.413 is hereby amended to read as follows:
293.413 1. The statement of contest provided for in NRS 293.407 shall be filed with the clerk of the [supreme] district court no later than 5 days after a recount is completed, and no later than 14 days after the election if no recount is demanded. The parties to a contest shall be denominated contestant and defendant.
2. The court shall set the matter for hearing not less than 5 days nor more than 10 days after the filing of the statement of contest. Election contests shall take precedence over all regular business of the court in order that results of elections shall be determined as soon as practicable.
3. The court may refer the contest to a special master in the manner provided by the Nevada Rules of Civil Procedure, and such special master shall have all powers necessary for a proper determination of the contest.
Sec. 17. NRS 293.420 is hereby amended to read as follows:
293.420 1. If a contest proceeding is dismissed for insufficiency of the statement of contest or for want of prosecution, or if the [supreme] district court confirms the election, judgment shall be rendered for costs in favor of the defendant and against the contestant.
2. If an election is annulled or set aside for errors or malfeasance of any election official in the conduct of the election or in canvassing the returns, the costs shall be a charge against the state or political subdivision in which the election was held.
3. When an election is annulled or set aside on any other ground, judgment for costs shall be given in favor of the contestant and against the defendant.
Sec. 18. NRS 293.425 is hereby amended to read as follows:
293.425 If the contest is for the office of assemblyman or state senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots, records of voting machine counters and all other documents relating to the contest shall be filed with the secretary of state within the time provided [herein] for the filing of statements of contests with the clerk of the [supreme] district court.
Sec. 19. NRS 293.430 is hereby amended to read as follows:
293.430 1. If the contest is for the office of governor, lieutenant governor or justice of the supreme court, the statement of contest and all depositions, ballots, a record of voting machine counters and all other documents relating to such contest shall be filed with the secretary of state within the time provided [herein] for filing statements of contest with the clerk of the [supreme] district court.
2. The secretary of state shall deliver the statement of contest and all other papers and documents to the speaker of the assembly on or before the second day after the organization of the legislature.
κ1967 Statutes of Nevada, Page 851 (CHAPTER 303, AB 134)κ
all other papers and documents to the speaker of the assembly on or before the second day after the organization of the legislature.
3. A joint session of both houses shall be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.
Sec. 19.5. NRS 293.485 is hereby amended to read as follows:
293.485 1. Except as provided in section 1 of Article 2 of the constitution of the State of Nevada, every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding primary or general election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
2. This section shall not be construed to exclude the registration of eligible persons whose 21st birthday or the date of whose completion of the required residence occurs on or before the next succeeding primary, general or other election.
Sec. 20. NRS 293.490 is hereby amended to read as follows:
293.490 Any registered voter removing from one county to another in the state [, within 30 days prior to any election, or from one precinct to another in the same county, within 10 days prior to any election,] after the close of registration for any election shall be deemed to retain his residence in the county or precinct removed from for the purposes of such election.
Sec. 21. NRS 293.525 is hereby amended to read as follows:
293.525 Except as provided in NRS 293.490, any elector who has changed his residence subsequent to the last preceding general election from one precinct or district to another within the same county shall not be eligible to vote unless [he reregisters.] upon his written and signed request the county clerk transfers his registration to the new address. No affidavit is required.
Sec. 22. NRS 293.557 is hereby amended to read as follows:
293.557 1. At least 90 days prior to the closing of registration for any election, the county clerk shall prepare and date an alphabetical list of the persons whose names remain on the county clerks register of each precinct and district. [, except the precincts and districts in the county seat of the county or in incorporated cities, and send such list to the deputy registrar of such precinct or district. The list shall consist of the names of the persons registered and the political affiliations designated on their affidavits of registration then on file in the office of the county clerk, or the fact that no political affiliation is designated.] He shall cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county:
(a) At least 75 days before any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
κ1967 Statutes of Nevada, Page 852 (CHAPTER 303, AB 134)κ
2. The county may not pay more than 10 cents per name to each newspaper publishing the list.
Sec. 23. NRS 293.565 is hereby amended to read as follows:
293.565 [1. Not less than 8 days before any election, the county clerk shall cause the deputy registrar of each precinct or district to post at least one list of the registered voters in at least one conspicuous place within the proper precinct or district outside of incorporated cities.
2.] On or before the 4th Monday in August preceding a primary election and on or before the 4th Monday in October preceding a general election, the county clerk shall [:
(a) Cause] cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing such voter of the location of his polling place. [; and
(b) Cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county.
3. The county may not pay more than 10 cents per name to each newspaper publishing the list.]
Sec. 24. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any registered voter unable to go to the polls because of illness or disability incurred after the closing date for absent ballot applications resulting in his confinement in a hospital, sanatorium or nursing home may request in a written statement, signed by him, that the county clerk send him an absent ballot. The county clerk shall deliver the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement from the voters physician or practitioner or a written statement signed by an official of the hospital, sanatorium or nursing home stating that the voter is a patient in a hospital, sanatorium or nursing home, giving the date of admittance thereto, and stating that the voter will be confined therein on election day.
2. After marking his ballot the voter shall place it in the identification envelope. He shall then affix his signature on the back of the envelope and return it to the office of the county clerk.
3. A request for a ballot under this section shall be made, and the ballot delivered to the voter and returned to the county clerk, not later than the day preceding the day of the election, unless the voter enters the hospital, sanatorium or nursing home on the day preceding the day of election or on election day, in which case he may apply for, obtain and return his ballot up to the time the polls close on election day.
4. The procedure authorized by this section shall be subject to all other provisions of this code relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.
________
κ1967 Statutes of Nevada, Page 853κ
Assembly Bill No. 85Mr. Kean
CHAPTER 304
AN ACT relating to security requirements; to authorize the use of a certificate of deposit or investment certificate in lieu of a cash payment or surety bond required to protect the State of Nevada; to provide for fixing the amount of required cash payments and certificates of deposit or investment certificates; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 100 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A certificate of deposit or investment certificate issued by a bank, savings bank or savings and loan association in Nevada may be substituted for any cash payment or surety bond required as protection for the State of Nevada. Such certificate shall indicate an amount payable at least equal to the required cash payment or surety bond and shall state that such amount is not available for withdrawal except by direct and sole order of the state treasurer. Interest earned on the deposit shall accrue to the account of the depositor.
Sec. 2. NRS 365.290 is hereby amended to read as follows:
365.290 1. Before granting any license the tax commission shall require the applicant to file with the tax commission a bond duly executed by the applicant as principal and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer.
2. The total amount of the bond or bonds required of any dealer shall be fixed by the tax commission at twice the estimated maximum monthly tax, determined in such manner as the tax commission shall deem proper, and may be increased or reduced accordingly by the tax commission at any time subject to the limitations prescribed in this chapter; but the total amount of the bond or bonds of any dealer shall never be less than $1,000 nor more than $10,000. When cash or a certificate of deposit or investment certificate is used, the amount required shall be rounded off to the next larger integral multiple of $100, within the same upper limit.
3. No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license shall affect the validity of any bond.
4. In lieu of any bond or bonds, a dealer may deposit with the state treasurer, under such terms and conditions as the tax commission may prescribe, a like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value not less than the amount fixed by the tax commission as provided in subsection 2.
Sec. 3. NRS 366.300 is hereby amended to read as follows:
366.300 The department shall require a bond duly executed by an applicant for a special fuel dealers license.
κ1967 Statutes of Nevada, Page 854 (CHAPTER 304, AB 85)κ
applicant for a special fuel dealers license. The total amount of the bond shall be fixed by the department at twice the estimated amount of the monthly tax, determined in such manner as the department shall deem proper, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in NRS 366.550. The amount so fixed shall be rounded off to the next larger integral multiple of $100.
Sec. 4. NRS 366.550 is hereby amended to read as follows:
366.550 1. When the department may deem it necessary, or when specifically provided by this chapter, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, must provide a bond duly executed by the applicant or holder of a special fuel dealers license or holder of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond shall be fixed by the department at twice the estimated amount of the monthly tax, determined in such manner as the department shall deem proper, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond shall not exceed $10,000. When cash or a certificate of deposit or investment certificate is used, the amount required shall be rounded off to the next larger integral multiple of $100, within the same limit.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license shall affect the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the department may prescribe, a like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department.
Sec. 5. NRS 369.350 is hereby amended to read as follows:
369.350 1. Each licensed importer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this chapter. Each bond shall be in a principal sum equal to the greatest excise tax paid by the importer in any quarter of the preceding year, or if such standard is not available, then in a sum required from a licensee operating under conditions deemed comparable by the tax commission. In no case shall a bond be for an amount less than $1,000. When cash or a certificate of deposit or investment certificate is used, the amount required shall be rounded off to the next larger integral multiple of $100.
2. The bond or undertaking shall be acceptable to and approved by the tax commission, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The tax commission shall deposit all such United States Government bonds and cash deposits with the state treasurer as custodian thereof.
κ1967 Statutes of Nevada, Page 855 (CHAPTER 304, AB 85)κ
commission shall deposit all such United States Government bonds and cash deposits with the state treasurer as custodian thereof.
3. Notwithstanding any other provision of this section, upon application and a satisfactory showing therefor, the tax commission may, from time to time, increase or decrease the amount of the required bond, having consideration for the amount of importations made by the importer.
4. Notwithstanding any other provisions of this section, the tax commission may waive the requirement of a bond pursuant to this section whenever a licensed importer has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years.
Sec. 6. NRS 370.155 is hereby amended to read as follows:
370.155 1. Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this chapter. Each bond shall be in a principal sum equal to the greatest excise tax paid by the wholesale cigarette dealer in any quarter of the preceding year, or if such standard is not available, then in a sum required from a licensee operating under conditions deemed comparable by the tax commission. In no case shall a bond be for an amount less than $1,000. When cash or a certificate of deposit or investment certificate is used, the amount so fixed shall be rounded off to the next larger integral multiple of $100.
2. The bond or undertaking shall be acceptable to and approved by the tax commission, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The tax commission shall deposit all such United States Government bonds and cash deposits with the state treasurer as custodian thereof.
3. Notwithstanding any other provision of this section:
(a) Upon application and a satisfactory showing therefor, the tax commission may, from time to time, increase or decrease the amount of the required bond, having consideration for the amount of excise tax paid by the wholesale cigarette dealer.
(b) The tax commission may waive the requirement of a bond pursuant to this section whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years. The provisions of this paragraph shall apply to all licensees whether or not they were licensed prior to or after July 1, 1961.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 612.675 is hereby amended to read as follows:
612.675 1. Whenever the executive director finds that the collection of any contribution computed under the provisions of law will be jeopardized by delay, he may immediately assess such contribution together with all forfeit and interest which may have accrued, whether or not the final date otherwise prescribed for making such contribution has arrived. Such contribution shall thereupon become immediately due, and such contributions together with all forfeit and interest which may have accrued shall thereupon become immediately payable, and notice of demand for payment shall be made upon the employer for the payment thereof.
κ1967 Statutes of Nevada, Page 856 (CHAPTER 304, AB 85)κ
thereof. Upon failure or refusal to pay such assessed contribution, forfeit and interest, collection thereof may be enforced according to the provisions of law applicable to the collection of unpaid contributions.
2. When a jeopardy assessment has been made as provided in subsection 1, the employer may stay its collection until such time as the contributions for the period in question would normally become due, by filing a bond with the executive director in an amount equal to the amount of assessment. Such bond shall be conditioned on the payment of the contribution at the proper time and be executed by sureties satisfactory to the executive director, or a cash deposit may be accepted in lieu of such bond. The amount of deposit so required shall be rounded off to the next larger integral multiple of $100.
Sec. 9. NRS 616.395 is hereby amended to read as follows:
616.395 1. Every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before July 1, 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total payroll for the ensuing 2 months as shall be fixed by order of the commission. All premium rates now in effect shall be continued in full force and effect until changed, altered or amended by order of the commission.
2. Every employer within, and those electing to be governed by, the provisions of this chapter, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly payroll, and shall make payment of the premium on such payroll for the first 2 months of operations.
3. The commission shall be empowered to accept as a substitute for payment of premiums, for the ensuing or first 2 months of operation as provided by this section, either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, shall be determined by the commission but shall not be of a value less than the amount of cash required by this section.
4. The commission shall accept as a substitute for cash payment of premiums as required in this section a savings certificate issued by a bank or savings and loan association in Nevada, which certificate shall indicate an amount at least equal to, but shall not be required to be more than, the next integral multiple of $100 above the cash which would otherwise be required by this section and shall state that such amount is unavailable for withdrawal except by direct and sole order of the commission. Interest earned on the deposit shall accrue to the account of the employer and not the commission.
Sec. 10. NRS 706.550 is hereby amended to read as follows:
706.550 1. In lieu of the license fees set forth in NRS 706.530 and 706.540, the department may, at its discretion, where it is shown that adequate records are being maintained, permit any person engaged in the operation of a vehicle, combinations of vehicles, or fleets of vehicles or combinations for the carriage of persons or property, who operates in interstate commerce, both within and without the state, to pay a mileage fee upon all power unit mileage traveled within the State of Nevada in the statutory licensing period at the following per-mile rates for total miles traveled in that period:
κ1967 Statutes of Nevada, Page 857 (CHAPTER 304, AB 85)κ
in interstate commerce, both within and without the state, to pay a mileage fee upon all power unit mileage traveled within the State of Nevada in the statutory licensing period at the following per-mile rates for total miles traveled in that period:
For the first 75,000 power unit miles of travel, per mile.... 2.5 cents
For the next 175,000 power unit miles of travel, per mile.. 2.0 cents
For the next 750,000 power unit miles of travel, per mile.. 1.5 cents
For the next 1,000,000 power unit miles of travel, per mile 1.25.......................................................................................... cents
For all power unit miles in excess of 2,000,000, per mile... 1.0 cents
2. In order to qualify under this plan, each such person shall:
(a) Annually file a sworn application with the department declaring the total mileage operated by such vehicle or combinations of vehicles or fleets of vehicles or combinations in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle or combination of vehicles to be operated in this state during the ensuing license year; and
(b) Make an advance deposit not less than an amount obtained by applying the proportion of in-state power unit miles to total power unit miles as reported in the statement to the fees which would otherwise be required for licensing all such power units or fleets of power units together with one each of the trailing vehicles ordinarily towed by such power units. This amount shall be entered to the credit of each person so qualifying under this plan and shall be applied against amounts which may become due under the schedule of rates set forth in subsection 1. The advance deposit shall be considered the minimum amount due under this plan and shall not be subject to refund nor credited to the deposit required for any subsequent license period.
3. Mileage proportions for vehicles, combinations of vehicles, or fleets of vehicles or combinations not licensed in this state during the preceding year will be determined by the department upon the sworn application of the applicant on forms to be supplied which will show the operations of the vehicles or combinations of vehicles during the preceding year in such detail as the department may require and the estimated operation in all states and in this state in the current year; or if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.
4. In addition to the fees per mile set forth in subsection 1, there shall be assessed an annual fee of $5 for each power unit qualified to operate in Nevada under this plan, for which fee there shall be issued proper vehicle identification, and such fee shall be considered as a non-refundable administrative charge which shall not be credited to the account of the licensee.
5. Each power unit licensed under this section being operated in a combination with trailing vehicles shall bear a license plate or some other emblem identifying such combination, and when bearing such a plate or emblem such combination shall be deemed to be properly licensed and it shall be unnecessary for any license plate or emblem to be affixed to the trailing vehicle therein.
κ1967 Statutes of Nevada, Page 858 (CHAPTER 304, AB 85)κ
emblem such combination shall be deemed to be properly licensed and it shall be unnecessary for any license plate or emblem to be affixed to the trailing vehicle therein.
6. The department is authorized to adopt and promulgate such rules and regulations and to take such safeguards to insure payment as in its judgment are necessary to the proper enforcement of the provisions of this section, and in the event of a dispute or controversy over any of the provisions of this section, the departments decision with respect thereto shall be final. If the department requires a bond to insure payment, a certificate of deposit or investment certificate may be substituted for any cash payment or surety bond in an amount fixed by the department. The amount so fixed shall be rounded off to the next larger integral multiple of $100.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 410Messrs. Close and Garfinkle
CHAPTER 305
AN ACT to amend various sections of the Physical Therapists Practice Act relating to requirements for registration as a physical therapist and the practice of physical therapy.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 640.090 is hereby amended to read as follows:
640.090 Unless entitled to registration under NRS 640.120, 640.130 or 640.140, a person who desires to be registered as a physical therapist shall:
1. Apply to the board, in writing, on a blank furnished by the board [.] before commencing the practice of physical therapy.
2. Embody in the application evidence, under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by NRS 640.080.
3. Pay to the board at the time of filing his application a fee of $30.
4. Submit his fingerprints to the board with his application.
Sec. 2. NRS 640.110 is hereby amended to read as follows:
640.110 1. The board shall register as a physical therapist each applicant who proves to the satisfaction of the board his fitness for registration. [under the terms of this chapter.]
2. The board shall issue to each person registered as a physical therapist a certificate of registration [.] , which shall be prima facie evidence of the right of the person to whom it is issued to represent himself as a registered physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.
Sec. 3. NRS 640.120 is hereby amended to read as follows:
640.120 1. The board may issue, without examination, a permit to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection 5 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.
κ1967 Statutes of Nevada, Page 859 (CHAPTER 305, AB 410)κ
person who meets the qualifications set forth in NRS 640.080, except subsection 5 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.
2. The board may also permit, without examination, temporary registration not to exceed 6 months to any person meeting the qualifications set forth in NRS 640.080, except subsection 5 thereof, upon payment of a temporary registration fee of $10 [.] , which shall be paid before commencing the practice of physical therapy. No temporary registration shall be renewed.
Sec. 4. NRS 640.150 is hereby amended to read as follows:
640.150 1. Every registered physical therapist shall, during January 1957, and during January of every year thereafter, apply to the board for an extension of his registration and pay a fee of [$5] not more than $25. Registration that is not so extended, in the first instance before April 1, 1957, and thereafter before April 1 every year, shall automatically lapse.
2. The board may, in its discretion, revive and extend a lapsed registration on the payment of all past unpaid extension fees not to exceed [$10.] $50.
________
Assembly Bill No. 476Committee on Elections
CHAPTER 306
AN ACT relating to elections; to facilitate their conduct in larger counties; to enlarge the permitted designation of candidates by name; and providing other matters properly relating thereto.
[Approved April 7, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not later than 5 p.m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:
Declaration of Candidacy of .............................. for the
Office of ..............................
|
State of Nevada
County of................................. |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for the .............................. Party nomination for the office of .............................., I, the undersigned ..............................,
κ1967 Statutes of Nevada, Page 860 (CHAPTER 306, AB 476)κ
do swear (or affirm) that I reside at No. ......., .............................. Street, in the City (or Town) of ............................, County of ........................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that I am registered as a member of the ............................. Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since the date of the last primary election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a candidate of the .............................. Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto.
.........................................................................................
(Signature of candidate for office)
Subscribed and sworn to before me this
................. day of ......................, 19.......
.......................................................................
Notary Public (or other officer
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
Sec. 2. NRS 293.203 is hereby amended to read as follows:
293.203 [1.] Immediately upon receipt by the county clerk of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of primary election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice shall contain:
[(a)] 1. The date of the election.
[(b)] 2. The location of the polling places.
[(c)] 3. The hours during which the polling places will be open for voting.
[(d)] 4. The names of the candidates.
[(e)] 5. A list of the offices to which the candidates seek election.
[2. The county clerk shall forward to each justice of the peace, except those in incorporated cities, within the county one written or printed notice for each precinct or voting district. Each justice of the peace to whom such notice is delivered shall post the same in a public place in each precinct or voting district in his township or district at least 15 days prior to the date of the primary.]
Sec. 3. NRS 293.243 is hereby amended to read as follows:
293.243 1. In counties where voting machines are used, the county clerk shall appoint one or more absent ballot central counting boards to count the absent ballot votes cast by the registered voters in such county, as received in the mails by the county clerk or voted in person at his office.
2. Such counting board shall consist of four or more election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
κ1967 Statutes of Nevada, Page 861 (CHAPTER 306, AB 476)κ
officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
3. The county clerks deputies who perform duties in connection with elections shall be considered officers of the absent ballot central counting board.
4. When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during such counting boards counting of the absent ballot votes.
5. The counting of the absent ballot votes shall be in public.
6. Such counting board shall be under the direction of the county clerk.
7. Members of the absent ballot central counting board shall begin the performance of their duties [no later than when the polls open,] as soon as the polls close, and shall continue in session until all the votes cast on absent voters ballots are counted.
Sec. 4. NRS 293.290 is hereby amended to read as follows:
293.290 1. On receiving a ballot or admission authority, the registered voter shall retire to a booth or voting machine compartment. Except as provided in subsection 2, only one person may occupy a booth or compartment at one time, and no registered voter may remain in a booth more than 10 minutes or, except as provided in subsection 3, in a compartment more than 2 minutes. If any elector refuses to leave the booth or compartment after the lapse of the prescribed time, he shall be removed by the deputy sheriff.
2. Any registered voter who declares under oath that by reason of physical disability he is unable to mark a ballot or use a voting machine shall, at his request, be given assistance in stamping the ballot or using the voting machine by any registered voter he may designate, other than an election officer. The same registered voter may not assist more than one other registered voter.
3. The county clerk may, by regulation applying to all polling places in his county for any one election, extend by a definite time the permitted occupancy of a compartment. He shall furnish a copy of any such regulation to the election board chairman of each precinct.
Sec. 5. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the 10th day following the election.
2. In making its canvass, the board of county commissioners shall note separately any clerical errors discovered, and shall take account of the changes resulting from such discovery, so that the result declared will represent the true vote cast.
3. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 10 days after the day of election.
κ1967 Statutes of Nevada, Page 862 (CHAPTER 306, AB 476)κ
[3.] 4. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
Sec. 6. NRS 293.537 is hereby amended to read as follows:
293.537 1. The county clerk of each county shall maintain a canceled file for canceled affidavits of registration. Such file shall be kept in alphabetical order and shall contain all affidavits of registration which are canceled. The county clerk shall mark such affidavits Canceled, and indicate thereon the reason for cancellation. If the county clerk finds that any affidavit of registration was canceled erroneously, the county clerk shall reinstate such affidavit, reregister the elector, or, on election day, issue a certificate of error to the elector whose registration was erroneously canceled.
2. The county clerk may:
(a) Microfilm canceled affidavits of registration and destroy the originals at any time.
(b) Destroy any canceled affidavit of registration after the expiration of 3 years from the date of cancellation.
Sec. 7. NRS 293.540 is hereby amended to read as follows:
293.540 The county clerk shall cancel an affidavit of registration:
1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office. [; or]
2. If the insanity of the person registered is legally established. [; or]
3. Upon the production of a certified copy of the judgment of conviction of the person registered of a felony. [; or]
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made. [; or]
5. Upon the request of any registered voter to affiliate with any political party, or to change his affiliation, if such change is made before the end of the last day for filing declarations of candidacy for a primary election. [; or]
6. Upon the request of any registered voter who has changed his name, if such voter satisfies the registrar that such change has been legally effected. [; or]
7. At the request of the person registered.
8. When any registered voter fails to vote in any general election.
9. When he has discovered an incorrect registration pursuant to NRS 293.530.
Sec. 8. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p.m. of the seventh Saturday preceding any primary election and at 9 p.m. of the sixth Saturday preceding any general election.
2. During the last 5 days before registration closes, registration offices shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
κ1967 Statutes of Nevada, Page 863 (CHAPTER 306, AB 476)κ
published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
5. At least 15 days before the time when the county clerks register is closed for any election, the county clerk shall mail a copy of such notice to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which there is no newspaper [is published, a copy of such notice.] of general circulation.
Sec. 9. NRS 293.592 is hereby amended to read as follows:
293.592 It is unlawful within 100 feet of [any polling place:] the entrance from the public thoroughfare to any polling place, marked as such entrance:
1. For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
2. For any person, including an election board officer, to do any electioneering on election day.
________
Assembly Bill No. 233Mr. May
CHAPTER 307
AN ACT to amend NRS 6.130, relating to the mandatory summoning of a grand jury, by requiring taxpayers to present facts in petitions summoning a grand jury to investigate alleged malfeasance of a public officer, and granting discretion to the courts in acting on such petitions; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.130 is hereby amended to read as follows:
6.130 1. In any county it shall be mandatory to summon a grand jury whenever a verified petition is presented containing the signatures of 75 registered voters or the signatures of registered voters equal in number to 5 percent of the number of [votes cast] voters voting within the county at the last preceding general election, [for the office of Representative in Congress,] whichever number of signatures is the greater, specifically setting forth the fact or facts constituting the necessity of convening a grand jury.
2. In any county, if the statute of limitations has not run against the person offending, [it shall also be mandatory, within 5 days, to] the district judge may summon a grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least 2 additional persons has been filed with the clerk of the district court, setting forth [that there is reason to believe] reasonable evidence upon which a belief is based that there has been a misappropriation of public funds or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present.
κ1967 Statutes of Nevada, Page 864 (CHAPTER 307, AB 233)κ
present, or any violation of trust by any officer, past or present. The district judge shall act upon the affidavit or petition within 5 days. If he fails or refuses to summon a grand jury, the affiant or petitioner may proceed as provided in NRS 6.140.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 99Senators Bailey and Young
CHAPTER 308
AN ACT relating to dentistry and dental hygiene; to provide for biennial certificates and increase the amount of the license renewal fee; to empower the board of dental examiners to examine work authorizations; to require the acceptance of a certificate from the National Board of Dental Examiners in lieu of the theoretical examination for dental hygienists; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 631.090 is hereby amended to read as follows:
631.090 1. Any person shall be deemed to be practicing dentistry who:
(a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof; or
(b) Advertises or permits to be advertised by any [media] medium that he can or will attempt to perform dental operations of any kind; or
(c) Shall diagnose, profess to diagnose or treat or profess to treat any of the diseases or lesions of the oral cavity, teeth, gums or the maxillary bones; or
(d) Shall extract teeth; or
(e) Shall correct malpositions of the teeth or jaws; or
(f) Shall take impressions; or
(g) Shall supply artificial teeth as substitutes for natural teeth; or
(h) Shall place in the mouth and adjust such substitutes; or
(i) Does any practice included in the curricula of recognized dental colleges; or
(j) Administers or prescribes such remedies, medicinal or otherwise, as shall be needed in the treatment of dental or oral diseases; or
(k) Shall use an X-ray for dental treatment or dental diagnostic purposes.
2. Nothing in this section shall:
(a) Prevent a qualified dental assistant, or X-ray technician from making radiograms or X-ray exposures for diagnostic purposes only.
(b) Prohibit the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written [prescription] work authorization of a licensed dentist.
(c) Prevent students from performing dental operations under the supervision of competent instructors within a dental school or college or dental department of a university or college recognized by the board.
κ1967 Statutes of Nevada, Page 865 (CHAPTER 308, SB 99)κ
supervision of competent instructors within a dental school or college or dental department of a university or college recognized by the board.
(d) Prevent a licensed dentist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college.
Sec. 2. NRS 631.100 is hereby amended to read as follows:
631.100 As used in this chapter, renewal certificate means the [annual] biennial certificate of renewal of a license issued by the board.
Sec. 3. NRS 631.190 is hereby amended to read as follows:
631.190 In addition to the powers and duties provided in this chapter, the board shall:
1. Adopt rules and regulations necessary to carry out the provisions of this chapter.
2. Appoint such committees, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter.
3. Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.
4. Examine applicants for licenses to practice dentistry and dental hygiene.
5. Collect and apply fees as provided in this chapter.
6. Keep a register of all dentists and dental hygienists licensed in this state, together with their addresses, license numbers and renewal certificate numbers.
7. Have and use a common seal.
8. Keep such records as may be necessary to report the acts and proceedings of the board, which records shall be open to public inspection.
9. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
10. Have discretion to examine work authorizations in dental offices or dental laboratories.
Sec. 4. NRS 631.210 is hereby amended to read as follows:
631.210 1. The fees which shall be charged by the board for the performance of the duties imposed upon it by this chapter shall be as follows:
Examination fee for license to practice dentistry........................... $100
Examination fee for license to practice dental hygiene................ 75
License renewal fee for dentists................................................ [25] 50
License renewal fee for dental hygienists............................... [15] 30
Dental specialist license.................................................................... 100
Reinstatement fee for forfeited dental hygiene or dental license.............. ................................................................................................ 100
Reinstatement fee for suspended dental license........................... 100
Such other fees as may be authorized by law.
2. All fees shall be payable in advance and shall not be refunded.
Sec. 5. NRS 631.220 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 866 (CHAPTER 308, SB 99)κ
631.220 Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:
1. File an application with the board [on or before May 1 for the examination to be given in June and on or before November 1, for the examination to be given in December of the year in which the examination is to be given.] 30 days prior to the date on which the examination is to be given.
2. Accompany such application with a recent photograph of himself together with the required examination fee.
Sec. 6. NRS 631.230 is hereby amended to read as follows:
631.230 Any person shall be eligible to take an examination for a license to practice dentistry in the State of Nevada who:
1. Is over the age of 21 years.
2. Is a citizen of the United States, or who has applied for citizenship.
3. Is a graduate of a dental college recognized and endorsed by the board, or who was licensed and practicing dentistry in another state or territory of the United States continuously for a period of 5 years immediately prior to the filing of his application.
4. Is of good moral character.
Sec. 7. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice dental hygiene, after having complied with the rules and regulations of the board under its authority to determine eligibility, shall be entitled to an examination by the board upon such subjects as the board may deem necessary, which examination, however, shall include the following subjects: Elements of inorganic chemistry, physiology, anatomy, bacteriology, principles of nursing and hygiene, anesthesia, radiography, materia medica, dental histology, and a practical examination in the removal of deposits from, and the polishing of, the exposed surface of the teeth.
2. The examination shall be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the board will be necessary to test the qualifications of the applicant.
3. In lieu of the written examination or oral examination or combination of both required by subsection 2, the board shall recognize a certificate from the National Board of Dental Examiners.
Sec. 8. NRS 631.330 is hereby amended to read as follows:
631.330 1. [On or before May 1 next following the obtaining of a license to practice dental hygiene or dentistry, or any special branch of dentistry, and in May of each year thereafter, the holder of such license, upon payment of the fee provided therefor, shall obtain from the board a renewal certificate, which renewal certificate shall authorize the holder of a license certificate to continue his practice in the State of Nevada for the current fiscal year.] License renewal shall be biennial. Each holder of a license to practice dentistry or dental hygiene shall, upon payment of the fee provided, be granted a renewal certificate which will authorize continuation of such practice for the biennial period.
2. The [annual] biennial renewal license fee shall be paid on or before [May 1.] June 30. Failure to pay such fee to the board by [May 1] June 30 of each year shall automatically suspend the license and the same shall be reinstated only upon payment of the reinstatement fee as provided in NRS 631.210 in addition to the [annual] biennial license fee due thereon.
κ1967 Statutes of Nevada, Page 867 (CHAPTER 308, SB 99)κ
same shall be reinstated only upon payment of the reinstatement fee as provided in NRS 631.210 in addition to the [annual] biennial license fee due thereon.
Sec. 9. NRS 631.340 is hereby amended to read as follows:
631.340 1. Any person who has obtained from the board a license certificate to practice dental hygiene or dentistry or any special branch of dentistry in the State of Nevada, and who shall fail to obtain a renewal certificate, [for any year.] shall, before resuming the practice in which he was licensed, make application to the secretary of the board, under such rules as the board may prescribe, for the restoration of such license to practice.
2. Upon such application being made, the secretary shall determine whether such applicant possesses the qualifications prescribed for the granting of a license to practice in his particular profession, and whether the applicant continues to possess a good moral character and is not otherwise disqualified to practice in the State of Nevada. If the secretary so determines, he shall thereupon issue such license, [for the current fiscal year,] and thereafter such person shall have the right to make application [annually] biennially for a renewal certificate, as provided in this chapter.
________
Senate Bill No. 365Senators Alleman, Herr, Fisher and Hug
CHAPTER 309
AN ACT to amend chapter 218 of NRS, relating to the state legislature, by adding a new section prohibiting certain employment contracts which effect a loss of job seniority of legislators for absence while attending any session of the legislature; and providing other matters properly relating thereto.
[Approved April 8, 1967]
Whereas, Every person not impeded by law has a right to participate in the functions of government; and
Whereas, It is the policy of the State of Nevada to encourage such participation; and
Whereas, Anything which tends to prevent any person from so participating is contrary to the policy of this state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. On and after the effective date of this act, no contract of employment wherein a private individual, corporation, association or partnership is the employer is lawful or enforcible in this state which works a loss of job seniority of any person by reason of his absence from his regular duties or place of employment while attending a regular or special session of the legislature of this state as a member thereof.
κ1967 Statutes of Nevada, Page 868 (CHAPTER 309, SB 365)κ
2. The presence in a general contract between employer and employees or their representative of any provision which violates subsection 1 does not affect the validity of any other and separable provision.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 397Senators Bunker, Gibson, Lamb, Hecht, Herr and Christensen
CHAPTER 310
AN ACT relating to public transportation; defining monorails and related systems as motor vehicles; giving them certain powers of eminent domain; providing for the granting of easements over highways; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.010 is hereby amended to read as follows:
37.010 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
1. Federal activities. All public uses authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; for roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters, or other works, for the reduction of ores, with water for domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining and smelting purposes. Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.
κ1967 Statutes of Nevada, Page 869 (CHAPTER 310, SB 397)κ
of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants.
9. Sewerage. Sewerage of any city, or town, or of any settlement of not less than 10 families, or of any public building belonging to the state, or of any college or university.
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar.
13. Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, air navigation facilities and aerial rights-of-way.
15. Monorails. Monorails and any other overhead or underground system used for public transportation.
Sec. 2. Chapter 37 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to property subject to condemnation pursuant to NRS 37.030, monorails and any other overhead or underground system used for public transportation may acquire, by condemnation, rights and easements across, over, under and along public streets and roadways, but such rights may not be exercised in such a manner as will permanently interfere with the existing use of such streets or roadways.
Sec. 3. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The engineer may grant to any person owning, operating or intending to construct a monorail or other overhead or underground system used for transportation easements for:
(a) The installation of supporting or accessory structures within the limits of a highway.
(b) The use of air space over or underground space beneath a highway.
2. The engineer may authorize necessary construction work to be performed within the limits of the highway for the installation or repair of any such system, and the temporary closing of a highway, or the restriction of its use, for such purposes.
κ1967 Statutes of Nevada, Page 870 (CHAPTER 310, SB 397)κ
3. No structure may be installed or use made of overhead or underground space pursuant to this section which would permanently interfere with the existing use of any highway.
Sec. 4. NRS 706.080 is hereby amended to read as follows:
706.080 1. Motor vehicle means any automobile, automobile truck, trailer, automobile tractor, and semitrailer, motorbus, motorcycle, or any other self-propelled or motor-driven vehicle, used upon any public highway of this state for the purpose of transporting persons or property.
2. Motor vehicle also includes any monorail or other overhead or underground form of transportation used for the purpose of transporting persons or property.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 414Committee on Judiciary
CHAPTER 311
AN ACT relating to corporate fiduciaries; exempting corporate administrators, executors, guardians and testamentary trustees from the requirement of filing vouchers for payments made when rendering account to the court.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 150.150 is hereby amended to read as follows:
150.150 1. [In] Except as provided in subsection 6, in rendering his account, the executor or administrator shall produce vouchers for all payments he may have made, which vouchers shall be filed and remain in court, and he may be examined on oath touching such payments, and also touching any property and effects of the deceased, and the disposition thereof.
2. When any voucher shall be required for other purposes, it may be withdrawn on leaving a certified copy on file.
3. Where the account is accompanied by a report of an accountant, or an accountant, upon the hearing of any account, testifies that all expenditures of $20 or more made by the executor or administrator during the accounting period are supported by vouchers, it shall not be necessary to produce or file the vouchers in court. The provisions of this subsection are applicable only when the accountant has been appointed or is approved by the court for such purpose.
4. If any vouchers be lost, or for other good reason cannot be produced on settlement of an account, the payment may be proved by the oath of one competent witness. If it is proven that vouchers for any disbursements have been lost or destroyed, that it is impossible to obtain duplicates, and that the items were paid in good faith and were legal charges against the estate, the executor or administrator shall be allowed such items.
5. He may be allowed any item of expenditure not exceeding $20 for which no voucher is produced, if it is supported by his uncontradicted oath positive to the fact of payment, specifying when, where and to whom it was made; but the total amount of such allowances in all his accounts must not exceed $500.
κ1967 Statutes of Nevada, Page 871 (CHAPTER 311, SB 414)κ
for which no voucher is produced, if it is supported by his uncontradicted oath positive to the fact of payment, specifying when, where and to whom it was made; but the total amount of such allowances in all his accounts must not exceed $500.
6. A corporate executor or administrator is not required to file vouchers with the court to substantiate payments made in the administration of the estate, but shall retain possession of such vouchers and permit examination thereof by any party interested in the estate or the court.
Sec. 2. NRS 159.560 is hereby amended to read as follows:
159.560 1. Annually, or at such other times as the court may order, every guardian shall present to and have settled by the court his account as guardian.
2. When an account shall be rendered by two or more joint guardians, the district court or judge may allow the same upon the oath of any one of them.
3. A corporate guardian is not required to file vouchers with the court to substantiate payments made on behalf of a ward, but shall retain possession of such vouchers and permit examination thereof by the ward or the court.
Sec. 3. NRS 165.090 is hereby amended to read as follows:
165.090 [When] 1. Except as provided in subsection 2, when an intermediate or final account is presented for consideration in court the testamentary trustee shall produce in court vouchers for all expenditures of $20 or more, made by the trustee during the accounting period. Where the account is accompanied by a report of a certified or registered public accountant, or a certified or registered public accountant upon hearing of any account testifies that all expenditures of $20 or more made by the trustee during the accounting period are supported by vouchers, then it shall not be necessary to produce the vouchers in court. When vouchers are produced upon a hearing the same shall be returned to the trustee after the account is approved.
2. A corporate trustee is not required to file vouchers with the court to substantiate payments made on behalf of any beneficiary, but shall retain possession and permit examination thereof by any beneficiary or the court.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 872κ
Assembly Bill No. 501Committee on Ways and Means
CHAPTER 312
AN ACT to amend chapter 213 of NRS, relating to pardons and paroles, by adding a new section to establish a revolving fund for the use of needy parolees.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A parolees revolving loan fund, in the sum of $2,500 is hereby created for the use of the board.
2. The fund shall be under the control of the chief parole and probation officer, who shall use the fund to provide loans to individual parolees in an amount not to exceed $300 to assist in purchasing job tools or equipment, transportation to home or job or for food and rent until a steady income can be obtained. Such loans may be made at a rate of interest not to exceed 4 percent.
3. Terms of repayment shall be established at the time of making the loan but the chief parole and probation officer may alter the terms if the best interests of the parolee and the state would be served thereby. Parolees shall not be released from parole until the loan, with any interest due thereon, if paid in full. Willful failure to make payments on the loan is a ground, in the discretion of the board, for revocation of parole.
4. To the extent that the total cash balance of the fund exceeds $2,500 at the end of each fiscal year, the excess cash shall revert to the general fund in the state treasury.
________
Assembly Bill No. 350Mr. Swackhamer
CHAPTER 313
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Pershing County, Nevada; empowering the board of county commissioners of Pershing County, Nevada, to authorize the employment of deputies, clerks and assistants by county officers and providing for the allowance of compensation for such employment; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved April 10, 1963, as amended.
[Approved April 8, 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 309, Statutes of Nevada 1963, as amended by chapter 234, Statutes of Nevada 1965, at page 427, is hereby amended to read as follows:
Section 1. 1. The compensation of the respective officers of Pershing County, Nevada, herein designated, is hereby fixed as follows, and shall be allowed, audited and paid monthly:
κ1967 Statutes of Nevada, Page 873 (CHAPTER 313, AB 350)κ
[The county commissioners shall each receive a salary of $2,700 per annum, and mileage.
The county clerk, as such, and as ex officio county treasurer, shall receive a salary of $7,200 per annum.
The sheriff shall receive a salary of $7,200 per annum.
The county assessor shall receive a salary of $7,200 per annum.
The county recorder, as such, and as ex officio county auditor, shall receive a salary of $7,200 per annum.
The district attorney shall receive a salary of $7,200 per annum.]
(a) Until January 1, 1969, the county commissioners shall each receive a salary of $2,700 per annum, and mileage. On and after January 1, 1969, the county commissioners shall each receive a salary of not more than $3,000 per annum, and mileage.
(b) Until January 1, 1969, the county clerk, as such, and as ex officio county treasurer shall receive a salary of $7,500 per annum. On and after January 1, 1969, the county clerk, as such, and as ex officio county treasurer shall receive a salary of not less than $7,000 nor more than $7,900 per annum.
(c) Until January 1, 1969, the sheriff shall receive a salary of $7,500 per annum. On and after January 1, 1969, the sheriff shall receive a salary of not less than $7,000 nor more than $7,900 per annum.
(d) Until January 1, 1969, the county assessor shall receive a salary of $7,500 per annum. On and after January 1, 1969, the county assessor shall receive a salary of not less than $7,000 nor more than $7,900 per annum.
(e) Until January 1, 1969, the county recorder, as such, and as ex officio county auditor shall receive a salary of $7,500 per annum. On and after January 1, 1969, the county recorder, as such, and as ex officio county auditor shall receive a salary of not less than $7,000 nor more than $7,900 per annum.
(f) Until January 1, 1969, the district attorney shall receive a salary of $7,500 per annum. On and after January 1, 1969, the district attorney shall receive a salary of not less than $7,000 nor more than $7,900 per annum.
2. The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies, clerks and assistants as the board of county commissioners may from time to time authorize in the offices of the county clerk and county treasurer, county recorder and county auditor, sheriff, county assessor and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.
3. Except as otherwise provided in this act, the board of county commissioners shall fix the salaries by resolution within the limits as designated above.
Sec. 2. This act shall become effective on the 1st Monday in January 1968.
________
κ1967 Statutes of Nevada, Page 874κ
Assembly Bill No. 174Committee on Taxation
CHAPTER 314
AN ACT to amend chapter 463 of NRS, relating to the licensing and control of gambling, by adding a new section imposing an additional tax upon slot machines contingent upon the allowance of an offsetting federal tax credit; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 for the payment of a state tax. If no such credit is allowed, no tax is payable under this subsection.
2. The commission shall:
(a) Collect the tax annually in advance, prior to June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine.
(b) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund.
Sec. 2. If the Congress of the United States enacts legislation after January 10 of any calendar year by virtue of which a credit against the tax on slot machines by 26 U.S.C. § 4461 is allowable for a state tax paid during such calendar year, the Nevada gaming commission shall charge and collect, as soon as practicable after the effective date of such federal legislation, a tax on each slot machine licensed in this state equal to the amount of such credit allowable.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 875κ
Assembly Bill No. 296Messrs. White, Bowler, Espinoza, May, Bryan Hafen, Lowman, Mrs. Brookman, Messrs. Hilbrecht, Tim Hafen, Miss Dungan, Messrs. Viani, Wilson, Bishop, Frank Young, Mrs. Tyson, Messrs. Ashworth, Glaser, Schouweiler and Prince
CHAPTER 315
AN ACT relating to insurance; directing the commissioner of insurance to make a study of the present insurance laws and to prepare an insurance code for the consideration of the 55th session of the legislature; making an appropriation; and providing other matters properly relating thereto.
[Approved April 8, 1967]
Whereas, The unprecedented development of the economy of this state has been accompanied by a tremendous expansion in the insurance industry both in volume and in kinds and forms of insurance coverage demanded by the insuring public; and
Whereas, The statutes of this state relating to the business of insurance and the conduct and supervision thereof are in many respects outmoded and no longer adequate for the full protection of the public and the efficient and effective regulation of the insurance business and the persons engaged therein; and
Whereas, It is manifest, in view of recent decisions of the Supreme Court of the United States and recent acts of Congress, that the existence of adequate state insurance statutes is indispensable for the preservation of the integrity of state jurisdiction over the regulation and taxation of the business of insurance; and
Whereas, It is imperative that the insurance laws of this state be studied, revised, supplemented and recodified into an adequate and consistent whole; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The commissioner of insurance shall:
(a) Prepare and submit to the legislature of the State of Nevada on or before the 10th day of its 55th session a bill to create a modern and adequate code of insurance laws for the State of Nevada, regulating insurance companies, the insurance business, and the sale and solicitation of insurance; and
(b) Make a comprehensive study of the present statutes of this state relating to insurance, and conduct a detailed survey of experience thereunder, with a view to determining the respects in which, and the extent to which, such present statutes are inadequate for the protection of the public and the efficient and effective supervision of the business of insurance and the persons engaged therein.
2. The commissioner may:
(a) Prepare and cause to be distributed among members of the general public and affected segments of the insurance industry, proposed or tentative drafts of such code; and
(b) Hold public hearings thereon at such times and places as he may deem expedient and advisable to afford the general public and such affected segments of the insurance industry an opportunity to present recommendations and generally to be heard.
κ1967 Statutes of Nevada, Page 876 (CHAPTER 315, AB 296)κ
3. The commissioner may employ such professional, technical, clerical, stenographic and other services, purchase such supplies and materials and hire such facilities as he may deem necessary or expedient for the accomplishment of the purposes of this act, but the aggregate of all expenses incurred for such purposes shall not exceed the amount of the appropriation made by this act.
4. In preparing the draft code of insurance laws for submission to the legislature, the commissioner shall:
(a) Enlist the assistance of the legislative counsel, as provided in NRS 218.240.
(b) Require that any legal services for which he may contract to further such preparation be performed under the supervision of the legislative counsel, to assure compliance of the finished work with the form required by law and rule of the houses, as provided in NRS 218.240.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $25,000 for the period beginning July 1, 1967, and ending on the 10th day of the 55th session of the legislature of the State of Nevada, to be used exclusively for the purposes of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 303Clark County Delegation
CHAPTER 316
AN ACT to amend chapter 426 of NRS, relating to benefits and privileges for blind persons, by adding a new section authorizing the payment of maintenance allowances to trainees in advance; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When a blind person who is eligible to receive a maintenance allowance while pursuing a training program administered by the services to the blind division of the department of health and welfare is accepted for such a training program, the division may in its discretion pay any installment of such maintenance allowance in advance, based upon the amount allowed to the blind person, and adjust any succeeding payment to reflect actual duration of training during the period for which such advance was made.
________
κ1967 Statutes of Nevada, Page 877κ
Assembly Bill No. 437Committee on Judiciary
CHAPTER 317
AN ACT to amend NRS 473.035, relating to the alteration of boundaries of fire protection districts receiving federal aid, by providing an additional method for the exclusion of land from such districts; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 473.035 is hereby amended to read as follows:
473.035 1. The boundaries of any fire protection district organized under this chapter may be altered by: [the inclusion of new territory therein or by the exclusion of territory comprising a part of the district in the manner provided in this section.]
(a) The inclusion of new territory therein in the manner provided in subsections 2 to 5, inclusive.
(b) The exclusion of territory comprising a part of the district in the manner provided in subsection 6 or 7.
2. Upon receiving a written petition containing a description of the territory proposed to be included (which territory shall be contiguous to the district), which petition shall contain a statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district, and signed by not less than a majority of the property owners within such territory, the state forester firewarden shall determine the feasibility of including such territory and shall notify the board of directors of the district of his decision.
3. The board of directors, upon receipt of a notice in writing from the state forester firewarden of the decision to include territory in the fire protection district, shall prepare a resolution:
(a) Describing the territory to be included; and
(b) Stating the purpose for such inclusion.
4. Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of such resolution. Such territory shall be deemed to be included in the fire protection district from the date of such resolution.
5. Upon the inclusion of any contiguous territory in a fire protection district the state forester firewarden shall establish rules and regulations for the organization of the territory to meet the terms of the Clarke-McNary Act.
6. Should any portion of the territory included in a fire protection district be:
(a) Annexed to an incorporated city or lands adjacent to an incorporated city be zoned for residential, small estates or commercial use pursuant to law, the state forester firewarden may declare the portion so annexed or zoned to be excluded from the district, and he shall change the district boundary to conform to the annexation or zoning.
(b) Used or zoned as industrial, commercial, residential or agricultural land, the board of directors shall, immediately upon receiving a written petition:
(1) Requesting exclusion from the district; and
κ1967 Statutes of Nevada, Page 878 (CHAPTER 317, AB 437)κ
(2) Containing the description of 10 or more contiguous parcels of land within the territory so used or zoned as industrial, commercial, residential or agricultural land which parcels are each owned separately by different persons; and
(3) Signed by not less than a majority of the owners of the described territory sought to be excluded,
adopt a resolution describing the territory and excluding it from the district. Such territory shall be deemed to be excluded from the fire protection district from the date of the adoption of such resolution.
7. Should any portion of the territory included in a fire protection district be:
(a) Fifteen acres or less of irrigated land;
(b) Owned by less than 10 owners; and
(c) Abutting on a portion of the districts boundary,
the board of directors shall, immediately upon receiving a written petition requesting exclusion from the district, containing a description of the land, and signed by not less than a majority of the owners of the described territory sought to be excluded, adopt a resolution describing the territory and excluding it from the district. Such territory shall be deemed to be excluded from the fire protection district from the date of the adoption of such resolution.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 283Senator Young
CHAPTER 318
AN ACT to amend NRS 616.610, relating to industrial insurance compensation for temporary partial disability, by revising the formula for determining compensation, shortening the period of entitlement and increasing the maximum base wage.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.610 is hereby amended to read as follows:
616.610 1. Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, shall be entitled to receive for temporary partial disability [60 percent of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter, but not more than $50 per month for a period not to exceed 60 months during the period of disability.] the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.
2. For the purpose of this section any excess of wages over [$200] $350 per month shall not be taken into account in computing compensation for temporary partial disability.
________
κ1967 Statutes of Nevada, Page 879κ
Senate Bill No. 288Senators Alleman, Herr, Fisher and Hug
CHAPTER 319
AN ACT to amend NRS 618.180, relating to the jurisdiction and authority of the department of industrial safety in the Nevada industrial commission, by restricting exceptions to the inspector of mines and the public service commission of Nevada; and to repeal NRS 618.310, relating to jurisdiction of certain governing bodies of political subdivisions over regulation of safety in places of employment.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 618.180 is hereby amended to read as follows:
618.180 1. The department of industrial safety shall have full power, jurisdiction and authority over all employments not within the jurisdiction of the inspector of mines [,] or the public service commission of Nevada: [, or other board or commission:]
[1.] (a) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.
[2.] (b) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as practical, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives and safety of employees in employments and places of employment.
[3.] (c) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe.
[4.] (d) To require the performance of any other act which the protection of the lives and safety of employees in employments and places of employment may reasonably demand.
[5.] (e) To appoint advisers, and fix their compensation, who shall assist the department in establishing standards of safety, and the department may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.
2. Nothing in this section shall be construed to invest the department of industrial safety with any power, jurisdiction and authority over motor vehicles operating on the public highways.
Sec. 2. NRS 618.310 is hereby repealed.
________
κ1967 Statutes of Nevada, Page 880κ
Assembly Bill No. 419Committee on Taxation
CHAPTER 320
AN ACT relating to the taxation of shares of stock in banks; to specify the manner of determining the value of such shares; to fix the rate of assessment; and providing other matters properly relating thereto.
[Approved April 8, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 367 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For the purposes of this chapter, the full cash value of a share of stock in a bank is its proportionate part of the aggregate taxable capital. Such aggregate taxable capital shall be determined in the following manner:
1. The average of each of the following factors shall be computed for the fiscal year preceding the valuation, using the respective amounts as of the end of each calendar quarter:
(a) Cash;
(b) Demand deposits;
(c) Time deposits; and
(d) Total deposits.
2. From the average cash shall be subtracted an appropriate cash reserve, which shall be the sum of:
(a) Average demand deposits multiplied by that percentage established by the Board of Governors of the Federal Reserve System as a required cash reserve for member banks, as of the close of the fiscal year preceding the valuation.
(b) Average time deposits multiplied by that percentage established by the Board of Governors of the Federal Reserve System as a required cash reserve for member banks as of the close of the fiscal year preceding valuation.
The appropriate cash reserve shall be computed in the same manner for all banks, whether or not they are members of the Federal Reserve System.
3. From the average total deposits shall be subtracted the excess cash, which is the difference obtained pursuant to subsection 2, if any.
4. The difference obtained pursuant to subsection 3 shall be multiplied by 9 percent, to obtain the capital equivalent of the deposits.
5. From the capital equivalent obtained pursuant to subsection 4 shall be subtracted the full cash value of all real property assessed to the bank. The difference so obtained is the aggregate taxable capital of the bank.
Sec. 2. NRS 367.030 is hereby amended to read as follows:
367.030 1. All shares of stock in banks, [whether of issue or not,] including shares subscribed but not issued, existing by authority of the United States, or of the State of Nevada, or of any other state, territory or foreign government, and located within the State of Nevada, shall be assessed to the owners thereof in the county, city, town or district where such banks are located, and not elsewhere, in the assessment of all state, county, town or special taxes, imposed and levied in such place, whether such owner is a resident of the county, city, town or district, or not.
κ1967 Statutes of Nevada, Page 881 (CHAPTER 320, AB 419)κ
county, town or special taxes, imposed and levied in such place, whether such owner is a resident of the county, city, town or district, or not.
2. All such shares shall be assessed at [their full cash value on October 1, first deducting therefrom the proportionate value of the real property belonging to the bank, subsidiary bank building corporation or affiliate bank building corporation and the amount or value of such mortgages and trust deeds owned by the bank and on which the bank has paid the taxes or authorized the assessment thereof in its name, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is assessed by law.] 35 percent of their full cash value determined as of July 1.
3. The proportionate parts of the shares of stock in a bank having branches in one or more counties, cities, towns or districts, shall be assessed as provided herein in such counties, cities, towns or districts where such bank or branches may be situated, such proportionate parts to be assessed in each such county, town, city or district being determined by the ratio which the total deposits, both time and demand, at the close of banking hours on the last business day of [September] the preceding fiscal year in the bank or branch situated in such county, city, town or district bear to the total of such deposits on the last business day of [September] the preceding fiscal year in all of the banks and branches thereof, ownership of which is represented by the shares of stock so assessed.
4. The persons or corporations who appear from the records of the banks to be the owners of shares at the close of the business day [next preceding October 1] on July 1, or if July 1 is not a business day then the next-succeeding business day, in each year shall be taken and deemed to be the owners thereof for the purposes of this section.
Sec. 3. NRS 367.040 is hereby amended to read as follows:
367.040 No bank [in which shares of stock have been issued] shall be assessed upon other property than its real property and no stockholder in such bank shall be assessed on account of his property interest therein except for his share of stock as provided in NRS 367.030.
Sec. 4. NRS 367.050 is hereby amended to read as follows:
367.050 [Every bank in which shares of stock have been issued, and the officers thereof, shall, upon the request of the assessor of any county or city in which it or one of its branches is situated:
1. Deliver to him in full a true and complete list of the names of the stockholders in such bank and the number of shares owned by each on the close of business on the day preceding October 1, as shown by its books and records; and
2. Deliver to him a true statement of the total number of shares comprising the capital stock of the bank, and if operating branch banks within the state, a true statement of the total deposits, both time and demand, in the bank and in each of its branches at the close of banking hours on the last business day of September.] 1. On or before August 1 of each year, each bank which is located or has a branch located in this state shall report to the Nevada tax commission, upon forms which shall be prescribed by the commission:
(a) The quarterly amounts of its cash, demand deposits, time deposits and total deposits for the preceding fiscal year; and
κ1967 Statutes of Nevada, Page 882 (CHAPTER 320, AB 419)κ
(b) A list showing the total deposits in its principal office and in each of its branches at the close of the last business day of the preceding fiscal year, segregated according to the county in which such office and each branch is situated.
2. On or before September 1 of each year, each county assessor shall transmit to the Nevada tax commission a list showing the full cash value of each parcel of real property in his county which is assessed to a bank for the current fiscal year.
3. The Nevada tax commission shall annually, at its regular meeting beginning on the 1st Monday in October, determine:
(a) The aggregate taxable capital of each bank which is located or has a branch located in this state; and
(b) The proportion of such aggregate taxable capital which is required to be assessed in each county of the state.
4. On or before the 1st Monday in December, the Nevada tax commission shall transmit to each county assessor the amount of the aggregate taxable capital of each bank which is required to be assessed in his county, and each assessor shall adopt as the full cash value of the shares of stock of each such bank the amounts so shown.
Sec. 5. NRS 367.060 is hereby amended to read as follows:
367.060 Every bank [in which shares of stock have been issued] shall pay to the tax collector or other person authorized to collect the taxes of the state, county, city, town or district in which the shares of stock are assessed as provided in this chapter, at the time in each year when other taxes assessed in the state, county, city, town or district become due, the amount of the tax so assessed in such year upon the shares in such bank, and if the tax is not so paid the bank shall be liable for the same and for equal penalties provided by law in the collection of delinquent taxes upon other property.
Sec. 6. NRS 367.070 is hereby amended to read as follows:
367.070 1. The shares of a bank [in which shares of stock have been issued] shall be subject to the tax paid thereon by the bank or by the officers thereof, and the bank and the officers thereof have a lien on all the shares in such bank and on all the rights and property of the stockholders in the bank and the property thereof for the payment of such taxes.
2. A bank may elect not to recoup from its stockholders the tax imposed by this chapter.
Sec. 7. NRS 367.010 is hereby repealed.
________
κ1967 Statutes of Nevada, Page 883κ
Senate Bill No. 478Committee on Taxation
CHAPTER 321
AN ACT relating to gaming; to provide for additional state license fees for the operation of games and certain slot machines; providing penalties; and providing other matters properly relating thereto.
[Approved April 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for the operation of 16 or more slot machines or for the operation of any number of slot machines together with any other game or gaming device, the commission shall charge and collect from such applicant a license fee of $40 for each slot machine for each calendar year.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of $10 for each slot machine for each calendar quarter:
(a) On or before the 25th day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. No proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in such location, whether such machines are owned by one or more licensee-owners.
5. Any person failing to pay the license fees provided for in this section on or before the due date as required by subsection 2 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, license fees and penalties under this chapter.
Sec. 3. 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect from each applicant a quarterly license fee to be determined on the basis of the following annual rates:
(a) From establishments operating or to operate ten games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
κ1967 Statutes of Nevada, Page 884 (CHAPTER 321, SB 478)κ
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum of $1,500.
Those establishments operating or to operate eight to ten games, inclusive, the sum of $3,000.
(b) From establishments operating or to operate more than ten games:
(1) For each game up to and including 16 games, the sum of $500.
(2) For each game from 17 to 26 games, inclusive, the sum of $4,800.
(3) For each game from 27 to 35 games, inclusive, the sum of $2,800.
(4) For each game more than 35 games, the sum of $100.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of one-fourth of the prescribed annual rate for each calendar quarter:
(a) On or before the 25th day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional games into play during a calendar quarter.
3. No proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. 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.
5. 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.
6. 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.
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, license fees and penalties under this chapter.
Sec. 4. 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.
κ1967 Statutes of Nevada, Page 885 (CHAPTER 321, SB 478)κ
2. All state gaming licenses shall become subject to renewal of the 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 operators of the locations where such machines are situated.
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, license fees and penalties under this chapter.
6. 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.
7. 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. 5. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and section 1 of [this act] Senate Bill No. 471 of the 54th session of the Nevada legislature and sections 2 and 3 of this act shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 [collected after April 2, 1957,] shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year.
κ1967 Statutes of Nevada, Page 886 (CHAPTER 321, SB 478)κ
percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes. [If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).]
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 6. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in section 1 of [this act,] Senate Bill No. 471 of the 54th session of the Nevada legislature, 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
κ1967 Statutes of Nevada, Page 887 (CHAPTER 321, SB 478)κ
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]
Five and one-half percent of all the gross revenue of such applicant which exceeds [$1,000,000] $400,000 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, license fees and penalties under this chapter.
Sec. 7. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to [the] any other state gaming license fees provided for in [NRS 463.370,] this chapter, 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.
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.
κ1967 Statutes of Nevada, Page 888 (CHAPTER 321, SB 478)κ
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, 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, license fees and penalties under this chapter.]
Sec. 8. 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, and section 1 of [this act,] Senate Bill No. 471 of the 54th session of the Nevada legislature and sections 2 and 3 of this act, 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, license fees and penalties under this chapter.
κ1967 Statutes of Nevada, Page 889 (CHAPTER 321, SB 478)κ
Sec. 9. This act shall become effective on June 1, 1967, for the purpose of advance payment as required by sections 2 and 3 of this act. For all other purposes, this act shall become effective at 12:03 a.m. on July 1, 1967.
________
Senate Bill No. 15Committee on Taxation
CHAPTER 322
AN ACT relating to the support of public schools; to amend chapters 387 and 388 of NRS by revising the method of apportioning the state distributive school fund; to amend chapter 361 of NRS by requiring the equalization among the several counties of the assessment of property for taxation; to amend Title 32 of NRS by adding a new chapter imposing a local school support tax; to repeal certain sections of NRS which would conflict with such amendments; providing penalties; and providing other matters properly relating thereto.
[Approved April 10, 1967]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The legislature declares that the proper objective of state financial aid to public education is to insure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, the state should supplement local financial ability to whatever extent necessary in each school district to provide a minimum program of education. Therefore the quintessence of the states financial obligation for such a program can be expressed in a formula on a per pupil basis as: State financial aid equals school district basic support guarantee for a minimum program minus local available funds produced by mandatory taxes. This formula is designated the Nevada plan.
Sec. 3. For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee per pupil is established for each of the several school districts in the state as follows:
Churchill County School District.................................................... $511
Clark County School District........................................................... 474
Douglas County School District...................................................... 475
Elko County School District............................................................. 494
Esmeralda County School District.................................................. 1,101
Eureka County School District........................................................ 712
Humboldt County School District.................................................... 500
Lander County School District......................................................... 513
Lincoln County School District........................................................ 664
Lyon County School District............................................................. 507
Mineral County School District....................................................... 514
Nye County School District............................................................... 543
Ormsby County School District........................................................ 513 Pershing County School District $517
κ1967 Statutes of Nevada, Page 890 (CHAPTER 322, SB 15)κ
Pershing County School District..................................................... $517
Storey County School District.......................................................... 642
Washoe County School District........................................................ 477
White Pine County School District.................................................. 530
Sec. 4. 1. For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, average daily attendance means the 6 months of highest average daily attendance for the current school year of:
(a) Pupils in grades 1 to 12, inclusive, of the public schools plus six-tenths of the pupils in the kindergarten department of the public schools.
(b) Physically or mentally handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive.
(c) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
2. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils. In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b) and (c) of subsection 1 shall be counted more than once.
3. The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the state board of education shall reduce the average daily attendance for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and may withhold the quarterly apportionment entirely.
Sec. 5. 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) Basic support of each school district shall be computed by multiplying the average daily attendance by the basic support guarantee per pupil established in section 3 of this act, except that in any year when the average daily attendance of a school district is less than the average daily attendance during the prior year, and such lesser average daily attendance was not anticipated at the time estimates were made by the superintendent of the county or joint school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in an amount such that the total apportionment for the year does not exceed the total apportionment for the prior year.
κ1967 Statutes of Nevada, Page 891 (CHAPTER 322, SB 15)κ
daily attendance during the prior year, and such lesser average daily attendance was not anticipated at the time estimates were made by the superintendent of the county or joint school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in an amount such that the total apportionment for the year does not exceed the total apportionment for the prior year. As a condition precedent to such authorization, the superintendent of the county or joint school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request.
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
(1) The proceeds of the 70-cent local tax computed as provided in NRS 387.195 or 387.250;
(2) Twenty-five percent of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year; and
(3) The proceeds of the local school support tax imposed by sections 16 to 171, inclusive, of this act. The Nevada tax commission shall furnish an estimate of such proceeds, based upon actual collections during the preceding fiscal year, to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the August apportionment of the succeeding fiscal year to reflect any difference between such estimate and actual receipts.
(c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection.
(d) Apportionments shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils in average daily attendance and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 6. The superintendent of public instruction may in his discretion and shall when so directed by the state board of education verify by independent audit or other suitable examination:
1. The reports of daily attendance submitted by any school district for the purpose of computing its average daily attendance; and
κ1967 Statutes of Nevada, Page 892 (CHAPTER 322, SB 15)κ
2. The number of pupils attending each class in any school district.
Sec. 7. NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund shall be composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
2. All moneys received from the Federal Government for the maintenance and operation of public schools.
3. Apportionments by the state as provided in [NRS 387.125.] section 5 of this act.
4. All moneys transferred in compliance with the provisions of NRS 387.170.
5. Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.
Sec. 8. NRS 387.185 is hereby amended to read as follows:
387.185 1. All school moneys due each county school district shall be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for the same, upon the warrant of the state controller drawn in conformity with the apportionment of the state board of education as provided in [NRS 387.125.] section 5 of this act.
2. No county school district shall receive any portion of the public school moneys unless that school district shall have complied with the provisions of this Title of NRS and the rules and regulations of the state board of education.
Sec. 9. NRS 387.235 is hereby amended to read as follows:
387.235 The joint school district fund shall be composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
2. All moneys received from the Federal Government for the maintenance and operation of public schools.
3. Apportionments by the state as provided in [NRS 387.125.] section 5 of this act.
4. All moneys transferred in compliance with the provisions of NRS 387.230.
5. Any other receipts, including gifts, for the operation and maintenance of the public schools in the joint school district.
Sec. 10. NRS 387.245 is hereby amended to read as follows:
387.245 1. All school moneys due each joint school district shall be paid over by the state treasurer to the county treasurer holding the joint school district fund on August 1, November 1, February 1 and May 1 of each year, or as soon thereafter as the county treasurer may apply for the same, upon the warrant of the state controller drawn in conformity with the apportionment of the state board of education as provided in [NRS 387.125.] section 5 of this act.
2. No joint school district shall receive any portion of the public school moneys unless that school district shall have complied with the provisions of this Title of NRS and the rules and regulations of the state board of education.
Sec. 11. NRS 388.530 is hereby amended to read as follows:
388.530 [The] As required by subsection 2 of section 4 of this act, the state board of education shall establish rules and regulations for the computation of average daily attendance of pupils enrolled under the provisions of NRS 388.440 to 388.540, inclusive.
κ1967 Statutes of Nevada, Page 893 (CHAPTER 322, SB 15)κ
computation of average daily attendance of pupils enrolled under the provisions of NRS 388.440 to 388.540, inclusive.
Sec. 12. NRS 388.570 is hereby amended to read as follows:
388.570 [At the time of making the regular quarterly apportionments, the superintendent of public instruction shall apportion from the state distributive school fund to school districts which have employed teachers in accordance with the provisions of NRS 388.550 such an amount as is shown, by reports from the school districts, to be necessary under this section. In no case shall the total amount so apportioned in any 1 year exceed the amount set aside for this purpose in the general appropriation act and budgeted for this purpose. Apportionment to any school district under the provisions of this section shall be made in accordance with regulations made by the state board of education.] As required by subsection 2 of section 4 of this act, the state board of education shall establish rules and regulations for the computation of average daily attendance of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
Sec. 13. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature finds that:
(a) Taxation of property is an important element of school district local financing; and
(b) An exterior equalization force is required, notwithstanding apparent obedience to the legislative mandate declared in NRS 361.225, to effect some measure of uniformity in the quality of educational programs in the public schools.
2. Not later than May 1, 1967, and not later than May 1 of each year thereafter, the Nevada tax commission shall:
(a) Determine for each county each year the average ratio, expressed as a percentage, of assessed valuation of property to a true valuation of property by means of a sampling of the assessment practices or other proper method.
(b) Publish and certify to the county assessors and the boards of county commissioners of the counties of this state the average ratio of assessed valuation to true valuation of property in each county and the state.
3. During the month of May 1967, and during the month of May of each year thereafter, the Nevada tax commission shall meet with the board of county commissioners and the county assessor of each county in Carson City, Nevada. The board of county commissioners and the county assessor shall:
(a) Present evidence to the Nevada tax commission of the steps taken to insure that all property subject to taxation within the county has been assessed at 35 percent of its full cash value as required by law.
(b) Demonstrate to the Nevada tax commission that any adjustments in assessments ordered in the preceding year as a result of the appraisal procedure provided in paragraph (c) of subsection 4 hereof have been complied with.
4. At the conclusion of each meeting with the board of county commissioners and the county assessor, the Nevada tax commission shall:
κ1967 Statutes of Nevada, Page 894 (CHAPTER 322, SB 15)κ
(a) If it finds that all property subject to taxation within the county has been assessed at 35 percent of its full cash value, take no further action.
(b) If it finds that any class of property, as designated in the segregation of the tax roll filed with the secretary of the state board of equalization pursuant to NRS 361.390, is assessed at less than or more than 35 percent of its full cash value, and if the board of county commissioners approves, order a specified percentage increase or decrease in the assessed valuation of such class on the succeeding tax list and assessment roll.
(c) If it finds the existence of underassessment or overassessment which in the aggregate amounts to more than 5 percent of the total assessed valuation of the county, or if the board of county commissioners does not agree to an increase or decrease in assessed value as provided in paragraph (b), order the board of county commissioners to employ forthwith one or more qualified appraisers approved by the Nevada tax commission. The payment of such appraisers fees shall be a proper charge against the funds of the county notwithstanding that the amount of such fees has not been budgeted in accordance with law. The appraisers shall determine whether or not the county assessor has assessed all real and personal property in the county subject to taxation at 35 percent of its full cash value as required by law. The appraisers may cooperate with the division of assessment standards of the Nevada tax commission in making their determination if so agreed by the appraisers and the division, and shall cooperate with the division in preparing a report to the Nevada tax commission. The report to the Nevada tax commission shall be made on or before October 1 following the date of the order. If the report indicates that any real or personal property in the county subject to taxation has not been assessed at 35 percent of its full cash value, a copy of the report shall be transmitted to the board of county commissioners by the Nevada tax commission prior to November 1. The board of county commissioners shall then order the county assessor to raise or lower the assessment of such property to 35 percent of its full cash value on the succeeding tax list and assessment roll.
5. The Nevada tax commission may promulgate regulations reasonably necessary to carry out the provisions of this section.
6. Any county assessor who refuses to increase or decrease the assessment of any property pursuant to an order of the Nevada tax commission or the board of county commissioners as provided in this section is guilty of malfeasance in office.
Sec. 14. NRS 361.405 is hereby amended to read as follows:
361.405 1. The secretary of the state board of equalization forthwith shall certify any change in the assessed valuation of any piece or class of property in whole or in part made by the state board of equalization to the county auditor of the county wherein such property is assessed, and whenever the valuation of any piece or class of property shall have been raised, the secretary of the state board of equalization shall forward by mail to the property owner or owners affected thereby due notice of such increased valuation.
2. As soon as all changes have been certified to him by the secretary of the state board of equalization, the county auditor shall:
(a) Enter all such changes on the assessment roll prior to the delivery thereof to the ex officio tax receiver.
κ1967 Statutes of Nevada, Page 895 (CHAPTER 322, SB 15)κ
(b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.
(c) Certify the results to the board of county commissioners and the Nevada tax commission on or before March 15 of each year.
Sec. 15. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 16 to 171, inclusive, of this act.
Sec. 16. This chapter shall be known and may be cited as the Local School Support Tax Law.
Sec. 16.5. The legislature, having carefully considered the needs of the public school system and the financial resources of the State of Nevada, and its several classes of local governments, finds and declares:
1. That sound principles of government require an increased contribution by the local district, which controls its schools, to their support.
2. That such an increase equitably should not and economically cannot be provided through an increase in the tax upon property.
3. That there is no other object of taxation, except retail sales, which is so generally distributed among the several school districts in proportion to their respective population and wealth as to be suitable for the imposition of a tax in each school district for the support of its local schools.
4. That it is therefore necessary to impose, in addition to the sales and use taxes enacted in 1955 to provide revenue for the State of Nevada, a separate tax upon the privilege of selling tangible personal property at retail in each county to provide revenue for the school district comprising such county.
5. That in order to avoid imposing unfair competitive hardships upon merchants in the several counties, it is necessary that such additional tax be imposed:
(a) At the same rate in each county; and
(b) Upon tangible personal property purchased outside this state for use within the state.
6. That the imposition of such a tax at a mandatory and uniform rate throughout the counties of the state makes such tax a fair counterpart to the mandatory property tax levy which it is designed to supplement.
7. That the tax collected upon property purchased outside the state, which cannot for this reason be returned to its county of origin, can best serve its purpose of supporting local schools if it is channeled to the several school districts through the state distributive school fund.
8. That the convenience of the public and of retail merchants will best be served by imposing the local school support tax upon exactly the same transactions, requiring the same reports and making such tax parallel in all respects to the sales and use taxes.
Sec. 17. Except where the context otherwise requires, the definitions given in sections 18 to 34, inclusive, govern the construction of this chapter.
Sec. 18. Business includes any activity engaged in by any person or caused to be engaged in by him with the object of gain, benefit or advantage, either direct or indirect.
Sec. 19. 1. Gross receipts means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:
κ1967 Statutes of Nevada, Page 896 (CHAPTER 322, SB 15)κ
valued in money, whether received in money or otherwise, without any deduction on account of any of the following:
(a) The cost of the property sold. However, in accordance with such rules and regulations as the tax commission may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the county or has paid the use tax with respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.
(b) The cost of the materials used, labor or service cost, interest paid, losses or any other expense.
(c) The cost of transportation of the property prior to its sale to the purchaser.
2. The total amount of the sale or lease or rental price includes all of the following:
(a) Any services that are a part of the sale.
(b) All receipts, cash, credits and property of any kind.
(c) Any amount for which credit is allowed by the seller to the purchaser.
3. Gross receipts does not include any of the following:
(a) Cash discounts allowed and taken on sales.
(b) Sale price of property returned by customers when the full sale price is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.
(c) The price received for labor or services used in installing or applying the property sold.
(d) The amount of any tax (not including, however, any manufacturers or importers excise tax) imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.
4. For purposes of the sales tax, if the retailers establish to the satisfaction of the tax commission that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.
Sec. 20. In a county means within the exterior limits of a county, and includes all territory within such limits owned by or ceded to the United States of America.
Sec. 21. 1. Occasional sale includes:
(a) A sale of property not held or used by a seller in the course of an activity for which he is required to hold a sellers permit, provided such sale is not one of a series of sales sufficient in number, scope and character to constitute an activity requiring the holding of a sellers permit.
(b) Any transfer of all or substantially all the property held or used by a person in the course of such an activity when after such transfer the real or ultimate ownership of such property is substantially similar to that which existed before such transfer.
κ1967 Statutes of Nevada, Page 897 (CHAPTER 322, SB 15)κ
2. For the purposes of this section, stockholders, bondholders, partners or other persons holding an interest in a corporation or other entity are regarded as having the real or ultimate ownership of the property of such corporation or other entity.
Sec. 22. Person includes any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee, or any other group or combination acting as a unit, but shall not include the United States, this state or any agency thereof, or any city, county, district or other political subdivision of this state.
Sec. 23. 1. Purchase means any transfer, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration.
2. A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price is a purchase.
3. A transfer for a consideration of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication, is also a purchase.
Sec. 24. 1. Retail sale or sale at retail means a sale for any purpose other than resale in the regular course of business of tangible personal property.
2. The delivery in a county of tangible personal property by an owner or former owner thereof or by a factor, or agent of such owner, former owner or factor, if the delivery is to a consumer or person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in the county, is a retail sale in the county by the person making the delivery. He shall include the retail selling price of the property in his gross receipts.
Sec. 25. 1. Retailer includes:
(a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.
(b) Every person engaged in the business of making sales for storage, use or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use or other consumption.
(c) Every person making more than two retail sales of tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.
2. When the tax commission determines that it is necessary for the efficient administration of this chapter to regard any salesmen, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the tax commission may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for purposes of this chapter.
κ1967 Statutes of Nevada, Page 898 (CHAPTER 322, SB 15)κ
3. A licensed optometrist or physician and surgeon is a consumer of, and shall not be considered, a retailer within the provisions of this chapter, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.
Sec. 26. 1. Sale means and includes any transfer of title or possession, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration.
2. Transfer of possession, lease, or rental includes only transactions found by the tax commission to be in lieu of a transfer of title, exchange or barter.
3. Sale includes:
(a) The producing, fabricating, processing, printing or imprinting of tangible personal property for a consideration for consumers who furnish, either directly or indirectly, the materials used in the producing, fabricating, processing, printing or imprinting.
(b) The furnishing and distributing of tangible personal property for a consideration by social clubs and fraternal organizations to their members or others.
(c) The furnishing, preparing, or serving for a consideration of food, meals or drinks.
(d) A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price.
(e) A transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated or printed to the special order of the customer, or of any publication.
Sec. 27. 1. Sales price means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:
(a) The cost of the property sold.
(b) The cost of the materials used, labor or service cost, interest charged, losses, or any other expenses.
(c) The cost of transportation of the property prior to its purchase.
2. The total amount for which property is sold includes all of the following:
(a) Any services that are a part of the sale.
(b) Any amount for which credit is given to the purchaser by the seller.
3. Sales price does not include any of the following:
(a) Cash discounts allowed and taken on sales.
(b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.
(c) The amount charged for labor or services rendered in installing or applying the property sold.
(d) The amount of any tax (not including, however, any manufacturers or importers excise tax) imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.
κ1967 Statutes of Nevada, Page 899 (CHAPTER 322, SB 15)κ
with respect to retail sales, whether imposed upon the retailer or the consumer.
(e) The amount of any tax imposed by the State of Nevada upon or with respect to the storage, use or other consumption of tangible personal property purchased from any retailer.
Sec. 28. Seller includes every person engaged in the business of selling tangible personal property of a kind, the gross receipts from the retail sale of which are required to be included in the measure of the sales tax.
Sec. 29. Storage includes any keeping or retention in a county for any purpose except sale in the regular course of business or subsequent use solely outside the county of tangible personal property purchased from a retailer.
Sec. 30. Storage and use do not include the keeping, retaining or exercising any right or power over tangible personal property for the purpose of subsequently transporting it outside the state for use thereafter solely outside the state, or for the purpose of being processed, fabricated or manufactured into, attached to, or incorporated into, other tangible personal property to be transported outside the state and thereafter used solely outside the state.
Sec. 31. Tangible personal property means personal property which may be seen, weighed, measured, felt or touched, or which is in any other manner perceptible to the senses.
Sec. 32. Tax commission means the Nevada tax commission.
Sec. 33. Taxpayer means any person liable for tax under this chapter.
Sec. 34. Use includes the exercise of any right or power over tangible personal property incident to the ownership of that property, except that it does not include the sale of that property in the regular course of business.
Sec. 35. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers at the rate of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in a county on or after July 1, 1967.
Sec. 36. The tax hereby imposed shall be collected by the retailer from the consumer insofar as it can be done.
Sec. 37. 1. It is unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer or that it will not be added to the selling price of the property sold or that if added it or any part thereof will be refunded.
2. Any person violating any provision of this section is guilty of a misdemeanor.
Sec. 38. The tax commission may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sale.
Sec. 39. 1. Every person desiring to engage in or conduct business as a seller within a county shall file with the tax commission an application for a permit for each place of business.
κ1967 Statutes of Nevada, Page 900 (CHAPTER 322, SB 15)κ
2. Every application for a permit shall:
(a) Be made upon a form prescribed by the tax commission.
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business.
(c) Set forth such other information as the tax commission may require.
3. The application shall be signed by the owner if he is a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his authority.
Sec. 40. At the time of making an application, the applicant shall pay to the tax commission a permit fee of $1 for each permit.
Sec. 41. After compliance with sections 39, 40 and 116 by the applicant, the tax commission shall grant and issue to each applicant a separate permit for each place of business within the county. A permit shall not be assignable, and shall be valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued.
Sec. 42. A seller whose permit has been previously suspended or revoked shall pay the tax commission a fee of $1 for the renewal or issuance of a permit.
Sec. 43. 1. Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any rule or regulation of the tax commission relating to the sales tax prescribed and adopted under this chapter, the tax commission, upon hearing, after giving the person 10 days notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
2. The tax commission shall give to the person written notice of the suspension or revocation of any of his permits.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The tax commission shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the tax commission.
Sec. 44. A person who engages in business as a seller in a county without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
Sec. 45. For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax it shall be presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Sec. 46. The certificate relieves the seller from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in sections 39 to 50, inclusive, and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
κ1967 Statutes of Nevada, Page 901 (CHAPTER 322, SB 15)κ
only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in sections 39 to 50, inclusive, and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Sec. 47. 1. The certificate shall:
(a) Be signed by and bear the name and address of the purchaser.
(b) Indicate the number of the permit issued to the purchaser.
(c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.
2. The certificate shall be substantially in such form as the tax commission may prescribe.
Sec. 48. If a purchaser who gives a certificate makes any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business, the use shall be taxable to the purchaser as of the time the property is first used by him, and the sales price of the property to him shall be deemed the measure of the tax. Only when there is an unsatisfied use tax liability on this basis shall the seller be liable for sales tax with respect to the sale of the property to the purchaser. If the sole use of the property other than retention, demonstration or display in the regular course of business is the rental of the property while holding it for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged rather than the sales price of the property to him.
Sec. 49. Any person who gives a resale certificate for property which he knows at the time of purchase is not to be resold by him in the regular course of business for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction is guilty of a misdemeanor.
Sec. 50. If a purchaser gives a certificate with respect to the purchase of fungible goods and thereafter commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
Sec. 51. An excise tax is hereby imposed on the storage, use or other consumption in a county of tangible personal property purchased from any retailer on or after July 1, 1967, for storage, use or other consumption in the county at the rate of 1 percent of the sales price of the property.
Sec. 52. Every person storing, using or otherwise consuming in a county tangible personal property purchased from a retailer is liable for the tax. His liability is not extinguished until the tax has been paid to the county, except that a receipt from a retailer maintaining a place of business in the county or from a retailer who is authorized by the tax commission under such rules and regulations as it may prescribe, to collect the tax and who is, for the purposes of this chapter relating to the use tax, regarded as a retailer maintaining a place of business in the county, given to the purchaser pursuant to section 53 is sufficient to relieve the purchaser from further liability for the tax to which the receipt refers.
κ1967 Statutes of Nevada, Page 902 (CHAPTER 322, SB 15)κ
county, given to the purchaser pursuant to section 53 is sufficient to relieve the purchaser from further liability for the tax to which the receipt refers.
Sec. 53. Every retailer maintaining a place of business in a county and making sales of tangible personal property for storage, use or other consumption in the county, not exempted under sections 66 to 84, inclusive, shall, at the time of making the sales or, if the storage, use or other consumption of the tangible personal property is not then taxable hereunder, at the time the storage, use or other consumption becomes taxable, collect the tax from the purchaser and give to the purchaser a receipt therefor in the manner and form prescribed by the tax commission.
Sec. 54. The tax required to be collected by the retailer constitutes a debt owed by the retailer to the county.
Sec. 55. It is unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer or that it will not be added to the selling price of the property sold or that if added it or any part thereof will be refunded.
Sec. 56. The tax required to be collected by the retailer from the purchaser shall be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sales.
Sec. 57. Any person violating sections 53, 55 or 56 is guilty of a misdemeanor.
Sec. 58. Every retailer selling tangible personal property for storage, use or other consumption in a county shall register with the tax commission and give:
1. The name and address of all agents operating in the county.
2. The location of all distribution or sales houses or offices or other places of business in the county.
3. Such other information as the tax commission may require.
Sec. 59. For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it shall be presumed that tangible personal property sold by any person for delivery in a county is sold for storage, use or other consumption in the county until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Sec. 60. The certificate relieves the person selling the property from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for by sections 39 to 50, inclusive, and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Sec. 61. 1. The certificate shall:
(a) Be signed and bear the name and address of the purchaser.
(b) Indicate the number of the permit issued to the purchaser.
κ1967 Statutes of Nevada, Page 903 (CHAPTER 322, SB 15)κ
(c) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business.
2. The certificate shall be substantially in such form as the tax commission may prescribe.
Sec. 62. If a purchaser who gives a certificate makes any storage or use of the property other than retention, demonstration or display while holding it for sale in the regular course of business, the storage or use is taxable as of the time the property is first so stored or used. If the sole use of the property, other than retention, demonstration or display in the regular course of business, is the rental of the property while holding it for sale, the purchaser may elect to pay the tax on the use measured by the amount of the rental charged rather than the sales price of the property to him.
Sec. 63. If a purchaser gives a certificate with respect to the purchase of fungible goods and thereafter commingles those goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
Sec. 64. It shall be further presumed that tangible personal property shipped or brought to a county by the purchaser after July 1, 1967, was purchased from a retailer on or after July 1, 1967, for storage, use or other consumption in the county.
Sec. 65. 1. On and after July 1, 1967, it shall be further presumed that tangible personal property delivered outside this state to a purchaser known by the retailer to be a resident of the county was purchased from a retailer for storage, use or other consumption in the county and stored, used or otherwise consumed in the county.
2. This presumption may be controverted by:
(a) A statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state.
(b) Other evidence satisfactory to the tax commission that the property was not purchased for storage, use or other consumption in this state.
Sec. 66. Exempted from the taxes imposed by this chapter, as used in sections 66 to 84, inclusive, means exempted from the computation of the amount of taxes imposed.
Sec. 67. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property the gross receipts from the sale of which, or the storage, use or other consumption of which, this state is prohibited from taxing under the Constitution or laws of the United States or under the constitution of this state.
Sec. 68. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, the proceeds of mines which are subject to taxes levied pursuant to chapter 362 of NRS.
Sec. 69. There are exempted from the taxes imposed by this chapter the gross receipts from the sale and distribution of, and the storage, use or other consumption in a county of, any combustible gas, liquid or material of a kind used in an internal-combustion or diesel engine for the generation of power to propel a motor vehicle on the highways.
κ1967 Statutes of Nevada, Page 904 (CHAPTER 322, SB 15)κ
or other consumption in a county of, any combustible gas, liquid or material of a kind used in an internal-combustion or diesel engine for the generation of power to propel a motor vehicle on the highways.
Sec. 70. There are exempted from the taxes imposed by this chapter the gross receipts from sales of, and the storage, use or other consumption of:
1. Any form of animal life of a kind the products of which ordinarily constitute food for human consumption.
2. Feed for any form of animal life of a kind the products of which ordinarily constitute food for human consumption or are to be sold in the regular course of business.
3. Seeds and annual plants the products of which ordinarily constitute food for human consumption or are to be sold in the regular course of business.
4. Fertilizer to be applied to land the products of which are to be used as food for human consumption or sold in the regular course of business.
Sec. 71. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, meals and food products for human consumption served by public or private schools, school districts, student organizations and parent-teacher associations to the students or teachers of a school.
Sec. 72. 1. There are exempted from the taxes imposed by this chapter the gross receipts from sales of, and the storage, use or other consumption in a county of:
(a) Nonreturnable containers when sold without the contents to persons who place the contents in the container and sell the contents together with the container.
(b) Containers when sold with the contents if the sales price of the contents is not required to be included in the measure of the taxes imposed by this chapter.
(c) Returnable containers when sold with the contents in connection with a retail sale of the contents or when resold for refilling.
2. As used in this section the term returnable containers means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are nonreturnable containers.
Sec. 73. There are exempted from the taxes imposed by this chapter the gross receipts from the sales, furnishing or service of, and the storage, use or other consumption in a county of, gas, electricity and water when delivered to consumers through mains, lines or pipes.
Sec. 74. There are exempted from the taxes imposed by this chapter the gross receipts from the sale, furnishing or service of, and the storage, use or other consumption in a county of, any matter used to produce domestic heat by burning, including, without limitation, wood, coal, petroleum and gas.
Sec. 75. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a contract on public works executed prior to July 1, 1967.
Sec. 76. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into prior to the effective date of this act.
κ1967 Statutes of Nevada, Page 905 (CHAPTER 322, SB 15)κ
the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into prior to the effective date of this act.
Sec. 77. There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property which becomes an ingredient or component part of any newspaper or periodical regularly issued at average intervals not exceeding 3 months and any such newspaper or periodical.
Sec. 78. There are exempted from the taxes imposed by this chapter the gross receipts from occasional sales of tangible personal property and the storage, use or other consumption in a county of tangible personal property, the transfer of which to the purchaser is an occasional sale.
Sec. 79. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property to:
1. The United States, its unincorporated agencies and instrumentalities.
2. Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
3. The State of Nevada, its unincorporated agencies and instrumentalities.
4. Any county, city, district or other political subdivision of this state.
5. Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.
Sec. 80. There are exempted from the computation of the amount of the sales tax the gross receipts from sales of tangible personal property to a common carrier, shipped by the seller via the purchasing carrier under a bill of lading, whether the freight is paid in advance or the shipment is made freight charges collect, to a point outside this state and the property is actually transported to the out-of-state destination for use by the carrier in the conduct of its business as a common carrier.
Sec. 81. There are exempted from the computation of the amount of the sales tax the gross receipts from any sale of tangible personal property which is shipped to a point outside this state pursuant to the contract of sale by delivery by the vendor to such point by means of:
1. Facilities operated by the vendor;
2. Delivery by the vendor to a carrier for shipment to a consignee at such point; or
3. Delivery by the vendor to a customs broker or forwarding agent for shipment outside this state.
Sec. 82. Notwithstanding any other provision of law the tax imposed under this chapter shall apply to the gross receipts from the sale of any tangible personal property to contractors purchasing such property either as the agents of the United States or for their own account and subsequent resale to the United States for use in the performance of contracts with the United States for the construction of improvements on or to real property, not including, however, contractors qualified to issue and who do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.
κ1967 Statutes of Nevada, Page 906 (CHAPTER 322, SB 15)κ
do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.
Sec. 83. The storage, use or other consumption in a county of property, the gross receipts from the sale of which are required to be included in the measure of the sales tax, is exempted from the use tax.
Sec. 84. If a purchaser certifies in writing to a seller that the property purchased will be used in a manner or for a purpose entitling the seller to regard the gross receipts from the sale as exempted by this chapter from the computation of the amount of the sales tax, and uses the property in some other manner or for some other purpose, the purchaser shall be liable for payment of sales tax as if he were a retailer making a retail sale of the property at the time of such use, and the cost of the property to him shall be deemed the gross receipts from such retail sale.
Sec. 85. The taxes imposed by this chapter are due and payable to the tax commission quarterly on or before the last day of the month next succeeding each quarterly period.
Sec. 86. 1. On or before the last day of the month following each quarterly period of 3 months, a return for the preceding quarterly period shall be filed with the tax commission in such form as the tax commission may prescribe.
2. For purposes of the sales tax a return shall be filed by every seller. For purposes of the use tax a return shall be filed by every retailer maintaining a place of business in the county and by every person purchasing tangible personal property, the storage, use or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax.
3. Returns shall be signed by the person required to file the return or by his duly authorized agent but need not be verified by oath.
Sec. 87. 1. For the purposes of the sales tax, the return shall show the gross receipts of the seller during the preceding reporting period. For purposes of the use tax, in case of a return filed by a retailer, the return shall show the total sales price of the property sold by him, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.
2. In case of a return filed by a purchaser, the return shall show the total sales price of the property purchased by him, the storage, use or consumption of which became subject to the use tax during the preceding reporting period.
3. The return shall also show the amount of the taxes for the period covered by the return and such other information as the tax commission deems necessary for the proper administration of this chapter.
Sec. 88. The taxpayer shall deduct and withhold from the taxes otherwise due from him 0.5 percent thereof to reimburse himself for the cost of collecting the tax.
Sec. 89. The person required to file the return shall deliver the return together with a remittance of the amount of the tax due to the office of the tax commission.
Sec. 90. The tax commission, if it deems it necessary in order to insure payment to or facilitate the collection by the county of the amount of taxes, may require returns and payment of the amount of taxes for quarterly periods other than calendar quarters, depending upon the principal place of business of the seller, retailer or purchaser as the case may be, or for other than quarterly periods.
κ1967 Statutes of Nevada, Page 907 (CHAPTER 322, SB 15)κ
quarterly periods other than calendar quarters, depending upon the principal place of business of the seller, retailer or purchaser as the case may be, or for other than quarterly periods.
Sec. 91. For the purposes of the sales tax, gross receipts from rentals or leases of tangible personal property shall be reported and the tax paid in accordance with such rules and regulations as the tax commission may prescribe.
Sec. 92. The tax commission, if it deems it necessary to insure the collection of the taxes, may provide by rule and regulation for the collection of the taxes by the affixing and canceling of revenue stamps and may prescribe the form and method of the affixing and canceling.
Sec. 93. 1. The tax commission for good cause may extend for not to exceed 1 month the time for making any return or paying any amount required to be paid under this chapter.
2. Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the rate of 6 percent per annum from the date on which the tax would have been due without the extension until the date of payment.
Sec. 94. 1. If the tax commission is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the county by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in section 100 as to liability arising out of that business, irrespective of whether the determination is issued prior to the due date of the liability as otherwise specified in this chapter.
Sec. 95. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount or any portion thereof should have been returned until the date of payment.
Sec. 96. 1. In making a determination the tax commission may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments.
2. The interest on underpayments and overpayments shall be computed in the manner set forth in sections 115 and 146.
Sec. 97. If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of this chapter or authorized rules and regulations, a penalty of 10 percent of the amount of the determination shall be added thereto.
Sec. 98. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade this chapter or authorized rules and regulations, a penalty of 25 percent of the amount of the determination shall be added thereto.
Sec. 99. 1. The tax commission shall give to the retailer or person storing, using or consuming tangible personal property written notice of its determination.
κ1967 Statutes of Nevada, Page 908 (CHAPTER 322, SB 15)κ
storing, using or consuming tangible personal property written notice of its determination.
2. The notice may be served personally or by mail; if by mail, the notice shall be addressed to the retailer or person storing, using or consuming tangible personal property at his address as it appears in the records of the tax commission.
3. In case of service by mail of any notice required by this chapter, the service is complete at the time of deposit in the United States post office.
Sec. 100. 1. Except in the case of fraud, intent to evade this chapter or authorized rules and regulations issued thereunder, failure to make a return, or claim for additional amount pursuant to section 111, every notice of a deficiency determination shall be personally served or mailed within 3 years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later. In the case of failure to make a return, or claim for additional amount pursuant to section 111, every notice of determination shall be mailed or personally served within 8 years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.
2. The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use or other consumption of which notice of a deficiency determination has been or is given pursuant to sections 99, 105 and 107, and to subsection 1 of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to sections 99, 105 and 107, and to subsection 1 of this section.
3. If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the taxpayer has consented in writing to the mailing of the notice after such time, the notice may be mailed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
Sec. 101. 1. If any person fails to make a return, the tax commission shall make an estimate of the amount of the gross receipts of the person, or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use or other consumption of which in the county is subject to the use tax. The estimate shall be made for the period or periods in respect to which the person failed to make a return and shall be based upon any information which is in the tax commissions possession or may come into its possession. Upon the basis of this estimate, the tax commission shall compute and determine the amount required to be paid to the county, adding to the sum thus arrived at a penalty equal to 10 percent thereof. One or more determinations may be made for one or for more than one period.
2. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in section 100 as to liability arising out of that business, irrespective of whether the determination is issued prior to the due date of the liability as otherwise specified in this chapter.
κ1967 Statutes of Nevada, Page 909 (CHAPTER 322, SB 15)κ
any time thereafter within the periods specified in section 100 as to liability arising out of that business, irrespective of whether the determination is issued prior to the due date of the liability as otherwise specified in this chapter.
Sec. 102. 1. In making a determination, the tax commission may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments.
2. The interest on underpayments and overpayments shall be computed in the manner set forth is sections 115 and 146.
Sec. 103. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount, or any portion thereof, should have been returned until the date of payment.
Sec. 104. If the failure of any person to file a return is due to fraud or intent to evade this chapter or rules and regulations, a penalty of 25 percent of the amount required to be paid by the person, exclusive of penalties, shall be added thereto in addition to the 10 percent penalty provided in section 101.
Sec. 105. Promptly after making its determination the tax commission shall give to the person written notice of the estimate, determination and penalty, the notice to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 106. If the tax commission believes that the collection of any tax or any amount of tax required to be collected and paid to the county or of any determination will be jeopardized by delay, it shall thereupon make a determination of the tax or amount of tax required to be collected, noting that fact upon the determination. The amount determined is due and payable immediately.
Sec. 107. If the amount specified in the determination is not paid within 10 days after service of notice thereof upon the person against whom the determination is made, the amount becomes final at the expiration of the 10 days, unless a petition for redetermination is filed within the 10 days, and the delinquency penalty and the interest provided in section 115 shall attach to the amount of the tax or the amount of the tax required to be collected.
Sec. 108. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to sections 109 to 115, inclusive. He shall, however, file the petition for redetermination with the tax commission within 10 days after the service upon him of notice of determination. The person shall also within the 10-day period deposit with the tax commission such security as it may deem necessary to insure compliance with this chapter. The security may be sold by the tax commission in the manner prescribed by section 116.
Sec. 109. 1. Any person against whom a determination is made, under sections 94 to 105, inclusive, or any person directly interested, may petition for a redetermination within 30 days after service upon the person of notice thereof.
2. If a petition for redetermination is not filed within the 30-day period, the determination becomes final at the expiration of the period.
κ1967 Statutes of Nevada, Page 910 (CHAPTER 322, SB 15)κ
period, the determination becomes final at the expiration of the period.
Sec. 110. 1. If a petition for redetermination is filed within the 30-day period, the tax commission shall reconsider the determination and, if the person has so requested in his petition, shall grant the person an oral hearing and shall give him 10 days notice of the time and place of the hearing.
2. The tax commission may continue the hearing from time to time as may be necessary.
Sec. 111. The tax commission may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the tax commission at or before the hearing.
Sec. 112. The order or decision of the tax commission upon a petition for redetermination becomes final 30 days after service upon the petitioner of notice thereof.
Sec. 113. All determinations made by the tax commission under sections 94 to 105, inclusive, are due and payable at the time they become final. If they are not paid when due and payable, a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties, shall be added thereto.
Sec. 114. Any notice required by sections 109 to 113, inclusive, shall be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 115. Any person who fails to pay any tax to the county or any amount of tax required to be collected and paid to the county, except amounts of determinations made by the tax commission under sections 94 to 105, inclusive, within the time required shall pay a penalty of 10 percent of the tax or amount of the tax, in addition to the tax or amount of tax, plus interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected became due and payable to the county until the date of payment.
Sec. 116. 1. The tax commission, whenever it deems it necessary to insure compliance with this chapter, may require any person subject thereto to place with it such security as the tax commission may determine. The amount of the security shall be fixed by the tax commission but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the tax commission deems proper, or $5,000, whichever amount is the lesser.
2. In case of persons habitually delinquent in their obligations under this chapter, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or $5,000, whichever amount is the lesser.
3. The limitations herein provided apply regardless of the type of security placed with the tax commission.
4. The amount of the security may be increased or decreased by the tax commission subject to the limitations herein provided.
5. The tax commission may sell the security at public auction if it becomes necessary so to do in order to recover any tax or any amount required to be collected, interest or penalty due.
κ1967 Statutes of Nevada, Page 911 (CHAPTER 322, SB 15)κ
becomes necessary so to do in order to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the tax commission. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may, however, be sold by the tax commission at a private sale at a price not lower than the prevailing market price thereof.
6. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security.
Sec. 117. 1. If any person is delinquent in the payment of the amount required to be paid by him or in the event a determination has been made against him which remains unpaid, the tax commission may, not later than 3 years after the payment became delinquent, or within 3 years after the last recording of an abstract under section 125, or of a certificate under section 128, give notice thereof personally or by registered mail to all persons, including any officer or department of the state or any political subdivision or agency of the state, having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or such person. In the case of any state officer, department or agency, the notice shall be given to such officer, department or agency prior to the time it presents the claim of the delinquent taxpayer to the state controller.
2. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the tax commission consents to a transfer or disposition, or until 60 days elapse after the receipt of the notice, whichever period expires earlier.
3. All persons so notified shall, within 10 days after receipt of the notice, advise the tax commission of all such credits, other personal property, or debts in their possession, under their control, or owing by them.
4. If such notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank, the notice to be effective shall be delivered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held.
5. If, during the effective period of the notice to withhold, any person so notified makes any transfer or disposition of the property or debts required to be withheld hereunder, to the extent of the value of the property or the amount of the debts thus transferred or paid, he shall be liable to the county for any indebtedness due under this chapter from the person with respect to whose obligation the notice was given if solely by reason of such transfer or disposition the county is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
κ1967 Statutes of Nevada, Page 912 (CHAPTER 322, SB 15)κ
Sec. 118. At any time within 3 years after any tax or any amount of tax required to be collected becomes due and payable, and at any time within 3 years after the delinquency of any tax or any amount of tax required to be collected, or within 3 years after the last recording of an abstract under section 125, or of a certificate under section 128, the tax commission may bring an action in the courts of this state, or any other state, or of the United States, in the name of the county to which the tax is due and payable to collect the amount delinquent together with penalties and interest.
Sec. 119. The district attorney of the county to which a part of the tax is due and payable, on behalf of the county, shall prosecute the action, and the provisions of NRS and the Nevada Rules of Civil Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 120. In the action a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
Sec. 121. In the action a certificate by the tax commission showing the delinquency shall be prima facie evidence of the determination of the tax or the amount of the tax, of the delinquency of the amounts set forth, and of the compliance by the tax commission with all the provisions of this chapter in relation to the computation and determination of the amount.
Sec. 122. In any action relating to the use tax brought under this chapter, process may be served according to the Nevada Rules of Civil Procedure or may be served upon any agent or clerk in this state employed by any retailer in a place of business maintained by the retailer in this state. In the latter case a copy of the process shall forthwith be sent by registered mail to the retailer at his principal or home office.
Sec. 123. If any amount required to be paid to a county under this chapter is not paid when due, the tax commission may, within 3 years after the amount is due, file in the office of the county clerk of such county a certificate specifying the amount required to be paid, interest and penalty due, the name and address as it appears on the records of the tax commission of the person liable, the compliance of the tax commission with this chapter in relation to the determination of the amount required to be paid, and a request that judgment be entered against the person in the amount required to be paid, together with interest and penalty as set forth in the certificate.
Sec. 124. The county clerk immediately upon the filing of the certificate shall enter a judgment for the county to which the tax is due and payable against the person in the amount required to be paid, together with interest and penalty as set forth in the certificate.
Sec. 125. 1. An abstract of the judgment or a copy may be filed for record with the county recorder of any county.
2. From the time of the filing, the amount required to be paid, together with interest and penalty set forth, constitutes a lien upon all the real property in the county owned by the person liable or afterwards and before the lien expires acquired by him. The lien has the force, effect and priority of a judgment lien and shall continue for 5 years from the date of the judgment so entered by the county clerk unless sooner released or otherwise discharged.
κ1967 Statutes of Nevada, Page 913 (CHAPTER 322, SB 15)κ
3. The lien may, within 5 years from the date of the judgment or within 5 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record in the office of the county recorder of any county, an abstract or copy of the judgment, and from the time of such filing, the lien shall be extended to the real property in such county for 5 years, unless sooner released or otherwise discharged.
Sec. 126. Execution shall issue upon the judgment upon request of the tax commission in the same manner as execution may issue upon other judgments, and sales shall be held under such execution as prescribed in NRS.
Sec. 127. 1. The amounts required to be paid by any person under this chapter together with interest and penalties shall be satisfied first in any of the following cases:
(a) Whenever the person is insolvent.
(b) Whenever the person makes a voluntary assignment of his assets.
(c) Whenever the estate of the person in the hands of executors, administrators or heirs is insufficient to pay all the debts due from the deceased.
(d) Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process of law.
2. This section does not give the county a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien; or preference over costs of administration, funeral expenses, expenses of last illness, family allowances, debts preferred by the laws of the United States or wages as provided in NRS 150.220.
Sec. 128. 1. If any amount required to be paid to a county under this chapter is not paid when due, the tax commission may, within 3 years after the amount is due, file for record in the office of the county recorder of such county or of any other county a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the tax commission of the person liable for the same, and the fact that the tax commission has complied with all provisions of this chapter in the determination of the amount required to be paid.
2. From the time of the filing for record, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the person or afterwards and before the lien expires acquired by him. The lien has the force, effect and priority of a judgment lien and shall continue for 5 years from the time of the filing of the certificate unless sooner released or otherwise discharged.
3. The lien may, within 5 years from the date of the filing of the certificate or within 5 years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any such county, and from the time of such filing, the lien shall be extended to the real property in such county for 5 years, unless sooner released or otherwise discharged.
Sec. 129. The tax commission may at any time release all or any portion of the property subject to any lien provided for in this chapter from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
κ1967 Statutes of Nevada, Page 914 (CHAPTER 322, SB 15)κ
it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
Sec. 130. A certificate by the tax commission to the effect that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, shall be conclusive evidence that the property has been released, or that the lien has been subordinated as provided in the certificate.
Sec. 131. 1. At any time within 3 years after any person is delinquent in the payment of any amount herein required to be paid, or within 3 years after the last recording of an abstract under section 125, or of a certificate under section 128, the tax commission or its authorized representative may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to a county under this chapter.
2. The warrant shall be directed to any sheriff or constable and shall have the same effect as a writ of execution.
3. The warrant shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.
Sec. 132. The tax commission may pay or advance to the sheriff or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The tax commission, and not the court, shall approve the fees for publication in a newspaper.
Sec. 133. The fees, commissions and expenses are the obligation of the person required to pay any amount under this chapter and may be collected from him by virtue of the warrant or in any other manner provided in this chapter for the collection of the tax.
Sec. 134. 1. At any time within 3 years after any person is delinquent in the payment of any amount, the tax commission forthwith may collect the amount in the following manner: The tax commission shall seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.
2. Any seizure made to collect a sales tax due shall be only of the property of the retailer not exempt from execution under the provisions of NRS.
Sec. 135. 1. Notice of the sale and the time and place thereof shall be given to the delinquent person in writing at least 10 days before the date set for the sale in the following manner: The notice shall be enclosed in an envelope addressed to the person, in case of a sale for use taxes due, at his last-known address or place of business, and, in case of a sale for sales taxes due, at his last-known residence or place of business in this state. It shall be deposited in the United States mail, postage prepaid. The notice shall also be published for at least 10 days before the date set for the sale in a newspaper of general circulation published in the county in which the property seized is to be sold.
κ1967 Statutes of Nevada, Page 915 (CHAPTER 322, SB 15)κ
which the property seized is to be sold. If there is no newspaper of general circulation in the county, notice shall be posted in three public places in the county 10 days prior to the date set for the sale.
2. The notice shall contain a description of the property to be sold, a statement of the amount due, including interest, penalties and costs, the name of the delinquent, and the further statement that unless the amount due, interest, penalties and costs are paid on or before the time fixed in the notice for the sale, the property, or so much of it as may be necessary, will be sold in accordance with law and the notice.
Sec. 136. 1. At the sale the tax commission shall sell the property in accordance with law and the notice and shall deliver to the purchaser a bill of sale for the personal property and a deed for any real property sold. The bill of sale or deed vests the interest or title of the person liable for the amount in the purchaser.
2. The unsold portion of any property seized may be left at the place of sale at the risk of the person liable for the amount.
Sec. 137. 1. If, upon the sale, the moneys received exceed the total of all amounts, including interest, penalties and costs due the county, the tax commission shall return the excess to the person liable for the amounts and obtain his receipt.
2. If any person having an interest in or lien upon the property files with the tax commission, prior to the sale, notice of his interest or lien, the tax commission shall withhold any excess, pending a determination of the rights of the respective parties thereto by a court of competent jurisdiction.
3. If for any reason the receipt of the person liable for the amount is not available, the tax commission shall deposit the excess moneys with the county treasurer, as trustee for the owner, subject to the order of the person liable for the amount, his heirs, successors or assigns.
Sec. 138. If any retailer liable for any amount under this chapter sells out his business or stock of goods, or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the tax commission showing that it has been paid or a certificate stating that no amount is due.
Sec. 139. 1. If the purchaser of a business or stock of goods fails to withhold the purchase price as required, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former owners records are made available for audit, whichever period expires the later, but in any event not later than 90 days after receiving the request, the tax commission shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the tax commission, of the amount that must be paid as a condition of issuing the certificate.
2. Failure of the tax commission to mail the notice will release the purchaser from any further obligation to withhold the purchase price as above provided.
3. The time within which the obligation of a successor may be enforced shall start to run at the time the retailer sells out his business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs the later.
κ1967 Statutes of Nevada, Page 916 (CHAPTER 322, SB 15)κ
enforced shall start to run at the time the retailer sells out his business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs the later.
Sec. 140. 1. If the tax commission determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the tax commission shall set forth that fact in the records of the tax commission and shall certify to the board of county commissioners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the board of county commissioners, the excess amount collected or paid shall be credited on any amounts then due and payable from the person under this chapter, and the balance shall be refunded to the person, or his successors, administrators or executors.
2. Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to sections 51 to 65, inclusive, shall be credited or refunded by the county.
Sec. 141. 1. No refund shall be allowed unless a claim therefor is filed with the tax commission within 3 years from the last day of the month following the close of the quarterly period for which the overpayment was made, or, with respect to determinations made under sections 94 to 105, inclusive, within 6 months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires the later.
2. No credit shall be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the tax commission within such period, or unless the credit relates to a period for which a waiver is given pursuant to section 100.
Sec. 142. No credit or refund of any amount paid pursuant to sections 51 to 65, inclusive, shall be allowed on the ground that the storage, use or other consumption of the property is exempted under section 83, unless the person who paid the amount reimburses his vendor for the amount of the sales tax imposed upon his vendor with respect to the sale of the property and paid by the vendor to the county.
Sec. 143. Every claim shall be in writing and shall state the specific grounds upon which the claim is founded.
Sec. 144. Failure to file a claim within the time prescribed in section 141 constitutes a waiver of any demand against the county on account of overpayment.
Sec. 145. Within 30 days after disallowing any claim in whole or in part, the tax commission shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
Sec. 146. 1. Interest shall be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the quarterly period for which the overpayment was made; but no refund or credit shall be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.
2. The interest shall be as follows:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the tax commission that a claim may be filed or the date upon which the claim is certified to the board of county commissioners, whichever date is earlier.
κ1967 Statutes of Nevada, Page 917 (CHAPTER 322, SB 15)κ
not already filed a claim, is notified by the tax commission that a claim may be filed or the date upon which the claim is certified to the board of county commissioners, whichever date is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.
Sec. 147. If the tax commission determines that any overpayment has been made intentionally or by reason of carelessness, it shall not allow any interest thereon.
Sec. 148. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state, a county, any officer thereof to prevent or enjoin the collection under this chapter of any tax or any amount of tax required to be collected.
Sec. 149. No suit or proceeding shall be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed.
Sec. 150. 1. Within 90 days after the mailing of the notice of the tax commissions action upon a claim filed pursuant to this chapter, the claimant may bring an action against the tax commission on the grounds set forth in the claim in a court of competent jurisdiction in Ormsby County for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
2. Failure to bring action within the time specified constitutes a waiver of any demand against the county on account of alleged overpayments.
Sec. 151. If the tax commission fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may, prior to the mailing of notice by the tax commission of its action on the claim, consider the claim disallowed and bring an action against the tax commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
Sec. 152. 1. If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited as follows:
(a) If the judgment is for a refund of sales taxes, it shall be credited on any sales or use tax or amount of use tax due from the plaintiff.
(b) If the judgment is for a refund of use taxes, it shall be credited on any use tax or amount of use tax due from the plaintiff under sections 51 to 65, inclusive.
2. The balance of the judgment shall be refunded to the plaintiff.
Sec. 153. In any judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the tax commission.
Sec. 154. A judgment shall not be rendered in favor of the plaintiff in any action brought against the tax commission to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
κ1967 Statutes of Nevada, Page 918 (CHAPTER 322, SB 15)κ
Sec. 155. The tax commission may recover any refund or part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in the county to which the refund is owed, in the name of such county.
Sec. 156. The district attorney of the county to which the refund is owed, on behalf of the county, shall prosecute the action, and the provisions of NRS and the Nevada Rules of Civil Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 157. 1. If any amount in excess of $25 has been illegally determined, either by the person filing the return or by the tax commission, the tax commission shall certify this fact to the board of county commissioners, and such board shall authorize the cancellation of the amount upon the records of the tax commission.
2. If an amount not exceeding $25 has been illegally determined, either by the person filing a return or by the tax commission, the tax commission, without certifying this fact to such board, shall authorize the cancellation of the amount upon the records of the tax commission.
Sec. 158. 1. The tax commission shall enforce the provisions of this chapter and may prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of this chapter.
2. The tax commission may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.
Sec. 158.5. 1. In order to promote the collection of the local school support tax with a minimum of inconvenience to retailers and to the general public, the tax commission shall, not later than the day after the effective date of this section, begin the preparation of report forms, rules and regulations appropriate for the administration of this chapter.
2. It shall be the mandatory duty of the secretary of the tax commission to report the measures taken pursuant to subsection 1 to the legislative counsel for dissemination to the members of the legislature. The secretary of the tax commission shall make such report within 7 days after the effective date of this section, and shall deliver with such report to the legislative counsel a copy of each form of report required of retailers under the Sales and Use Tax Act.
Sec. 159. The tax commission may employ accountants, auditors, investigators, assistants and clerks necessary for the efficient administration of this chapter, and may delegate authority to its representatives to conduct hearings, prescribe regulations or perform any other duties imposed by this chapter.
Sec. 160. 1. Every seller, every retailer, and every person storing, using or otherwise consuming in a county tangible personal property purchased from a retailer shall keep such records, receipts, invoices and other pertinent papers in such form as the tax commission may require.
2. Every such seller, retailer or person who files the returns required under this chapter shall keep such records for not less than 4 years from the making of such records unless the tax commission in writing sooner authorizes their destruction.
3. Every such seller, retailer or person who fails to file the returns required under this chapter shall keep such records for not less than 8 years from the making of such records unless the tax commission in writing sooner authorizes their destruction.
κ1967 Statutes of Nevada, Page 919 (CHAPTER 322, SB 15)κ
years from the making of such records unless the tax commission in writing sooner authorizes their destruction.
Sec. 161. The tax commission, or any person authorized in writing by it, may examine the books, papers, records and equipment of any person selling tangible personal property and any person liable for the use tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
Sec. 162. In administration of the use tax, the tax commission may require the filing of reports by any person or class of persons having in his or their possession or custody information relating to sales of tangible personal property, the storage, use or other consumption of which is subject to the tax. The report shall:
1. Be filed when the tax commission requires.
2. Set forth the names and addresses of purchasers of the tangible personal property, the sales price of the property, the date of sale, and such other information as the tax commission may require.
Sec. 163. 1. It shall be a misdemeanor for any member or official or employee of the tax commission to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the tax commission.
2. The governor may, however, by general or special order, authorize examination of the records maintained by the tax commission under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor shall not be made public except to the extent and in the manner that the order may authorize that it be made public.
3. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
Sec. 164. Any retailer or other person who fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax commission, or who renders a false or fraudulent return, shall be guilty of a misdemeanor and subject to a fine of not exceeding $500 for each offense.
Sec. 165. Any person required to make, render, sign or verify any report who makes any false or fraudulent return, with intent to defeat or evade the determination of an amount due required by law to be made, shall for each offense be fined not less than $300 nor more than $5,000, or be imprisoned for not exceeding 1 year in the county jail, or be subject to both fine and imprisonment.
κ1967 Statutes of Nevada, Page 920 (CHAPTER 322, SB 15)κ
Sec. 166. Any violation of this chapter, except as otherwise provided, is a misdemeanor.
Sec. 167. Any prosecution for violation of any of the penal provisions of this chapter shall be instituted within 3 years after the commission of the offense.
Sec. 168. In the determination of any case arising under this chapter, the rule of res judicata is applicable only if the liability involved is for the same quarterly period as was involved in another case previously determined.
Sec. 169. 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the local school support tax fund hereby created.
3. The state treasurer shall, quarterly, from the local school support tax fund:
(a) Transfer 1 percent of all fees, taxes, interest and penalties collected in each county to the general fund in the state treasury as compensation to the state for the costs of collecting the tax for the counties.
(b) Remit to each county treasurer an amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection.
(c) Transfer the total amount of taxes collected pursuant to this chapter from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.
4. Upon receipt of the moneys remitted pursuant to paragraph (b) of subsection 3, the county treasurer shall:
(a) If the county constitutes a county school district, deposit such moneys to the credit of the county school district fund.
(b) If the county forms part of a joint school district, deposit or remit such moneys to the proper county treasurer for deposit in the joint school district fund.
Sec. 170. The remedies of a county provided for in this chapter are cumulative, and no action taken by the tax commission, the attorney general or a district attorney constitutes an election by the county to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 171. In all proceedings under this chapter the tax commission may act for and on behalf of the counties of the State of Nevada.
Sec. 172. If any section, paragraph, clause or provision of sections 16 to 171, inclusive, 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 sections 16 to 171, inclusive, of this act.
Sec. 173. NRS 387.120, 387.125, 387.127, 387.130, 387.135, 387.140, 387.200, 387.255, 388.590, 388.600 and 388.610 are hereby repealed.
Sec. 174. 1. The Nevada tax commission shall base its estimate of the proceeds of the local school support tax for the fiscal year ending June 30, 1968, on actual collections under the Sales and Use Tax Act during the preceding fiscal year.
κ1967 Statutes of Nevada, Page 921 (CHAPTER 322, SB 15)κ
the proceeds of the local school support tax for the fiscal year ending June 30, 1968, on actual collections under the Sales and Use Tax Act during the preceding fiscal year.
2. The state board of education shall, in making the August 1967 apportionment from the state distributive school fund, exclude the proceeds of the local school support tax in computing the availability of local funds, because no funds from that source will be available before November 1967.
Sec. 175. 1. Sections 13, 14 and 158.5 of this act shall become effective upon passage and approval.
2. Sections 1 to 7, inclusive, 9, 11, 12, 15 to 172, inclusive, and 174 of this act shall become effective on July 1, 1967.
3. Sections 8, 10 and 173 of this act shall become effective at 12:01 a.m. on July 1, 1967.
4. Nothing in this act shall be construed to prevent the state board of education from making a final adjustment in August 1967 of the apportionments for the fiscal year ending June 30, 1967, pursuant to the provisions of NRS 387.125 and 387.127 as those sections read prior to their repeal by this act.
________
Assembly Bill No. 285Messrs. Bowler and White
CHAPTER 323
AN ACT to amend NRS 684.020, 684.040, 684.060, 684.150, 684.270, 684.290, 684.300 and 686.020, relating to insurance agents, by providing for the issuance of one license to each agent; to provide for recording a companys appointment of each agent; to provide for withdrawal of the license of a surplus line broker; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.020 is hereby amended to read as follows:
684.020 As used in this chapter:
1. Agent means any person, partnership, association or corporation who or which solicits, negotiates or effects in this state, on behalf of any company, contracts for insurance of any of the classifications listed in NRS 681.010. A person who secures and forwards information for the purposes of group insurance coverages or for enrolling individuals under group insurance coverages, or issuing certificates thereunder, where no commission is paid for such services, is not an agent and is not required to be licensed under the provisions of this Title.
2. Broker means a person who, for compensation and on behalf of another person, transacts insurance with, but not on behalf of, any insurer.
3. Managing general agent means an individual, firm, corporation, copartnership or other legal entity appointed, as an independent contractor, by one or more insurers to exercise general supervision over the business of the insurer in this state, with authority to appoint agents for such insurers and to terminate such appointments.
κ1967 Statutes of Nevada, Page 922 (CHAPTER 323, AB 285)κ
business of the insurer in this state, with authority to appoint agents for such insurers and to terminate such appointments. This subsection shall not apply to life and accident and health insurance.
4. Nonresident agent means any agent as defined in subsection 1, residing in the District of Columbia, the territories or any state in the United States other than Nevada.
5. Nonresident broker means any person, partnership, association or corporation, not a resident of or a domiciled company in this state, who or which for money, commission, brokerage or anything of value acts or aids in any manner in any solicitation or negotiation, on behalf of the assured, of contracts of any of the kind or kinds enumerated in chapter 681 of NRS.
6. Service representative means an individual regularly employed on salary by an insurer, group of insurers, or managing general agent, who works in the field with and assists agents and solicitors in soliciting, negotiating and effectuating insurance for such insurer or for the insurers represented by such managing general agent. This subsection shall not apply to life and accident and health insurance.
7. Solicitor means any person engaged in the solicitation of contracts of the kind or kinds enumerated for any [agent, broker or nonresident broker.] resident agent or broker.
Sec. 2. NRS 684.040 is hereby amended to read as follows:
684.040 1. No person, partnership, association or corporation shall act as an agent, nonresident agent, broker, solicitor or nonresident broker without first procuring a license so to act from the commissioner.
2. An agent or nonresident agent shall be [licensed] appointed for each company represented by him.
Sec. 3. NRS 684.060 is hereby amended to read as follows:
684.060 The commissioner shall issue an agents license to an applicant when he has satisfied himself, upon evidence presented and recorded, as to the integrity of the applicant and that the applicant has qualified in the following respects to hold a license:
1. That the applicant has been a bona fide resident of the State of Nevada for 3 months immediately prior to the filing of the application.
2. That the application provided for by NRS 684.050 has been filed with and approved by the commissioner.
3. That a qualified company has filed with the commissioner a requisition, the form of which shall be prescribed by the commissioner, for such license.
4. That the company has paid for each applicant the appointment fee provided for in NRS 686.020.
5. That the applicant has passed a written examination if required by law.
Sec. 4. NRS 684.150 is hereby amended to read as follows:
684.150 Upon the application of a nonresident who is duly licensed to transact insurance business under the laws of the District of Columbia, the laws of the territories or the laws of any other state wherein such applicant resides, if the District of Columbia, the territory or such state does not prohibit residents of this state from acting as nonresident insurance agents therein, the commissioner may issue a nonresident agents license to act as a nonresident agent in this state when:
κ1967 Statutes of Nevada, Page 923 (CHAPTER 323, AB 285)κ
1. The applicant has shown by a statement from the proper official of his state of residence that he is authorized to do business as an insurance broker or agent in such state.
2. The [applicant] company has paid an annual [license] appointment fee as provided for in NRS 686.020.
3. The applicant shall have successfully passed an examination, except as provided in NRS 684.170, given by the commissioner showing his fitness and qualifications to be a nonresident agent within the State of Nevada.
Sec. 5. NRS 684.270 is hereby amended to read as follows:
684.270 Every license and every appointment issued to an agent, nonresident agent, broker, nonresident broker, managing general agent, service representative or solicitor shall expire at midnight on the last day of April of each year unless an application and fees to qualify for the renewal of any such license and appointments shall be filed with the commissioner on or before such date, in which event the license and any appointments sought to be renewed shall continue in full force and effect until renewed or renewal is refused by the commissioner.
Sec. 6. NRS 684.290 is hereby amended to read as follows:
684.290 1. Whenever an agency contract is terminated or whenever the services of an agent, nonresident agent or solicitor are discontinued, the company or agent or nonresident agent or broker (as the case may be) terminating the agency or discontinuing its services shall immediately notify the commissioner of such termination and the reason therefor and the commissioner shall forthwith cancel the [license] appointment affected thereby.
2. No agreement between the company and the agent, nonresident agent, broker or solicitor shall affect the action of the commissioner in canceling the [license] appointment when such cancellation is duly requested by the company.
Sec. 7. NRS 684.300 is hereby amended to read as follows:
684.300 1. The commissioner may, after notice and hearing of the matter, suspend for not more than 12 months, or may revoke, or refuse to renew any license, or may impose a fine of not more than $100 upon any licensee under this chapter, or any surplus line broker, or may refuse to issue a license upon an original application therefor, if he finds the holder of or applicant for such license has:
(a) Willfully violated any provisions of the insurance laws; or
(b) Intentionally made a material misstatement in the application to qualify for such license; or
(c) Obtained or attempted to obtain a license by fraud or misrepresentation; or
(d) Been guilty of fraudulent practices; or
(e) Misappropriated or converted to his own use or is illegally withholding moneys belonging to insurers, policyholders or others and received in the conduct of his business; or
(f) Not demonstrated trustworthiness and competency to transact business as an agent, nonresident agent, broker, nonresident broker, surplus line broker or solicitor in such manner as to safeguard the public; or
(g) Materially misrepresented the terms and conditions of policies or contracts of insurance which he seeks to sell or has sold; or
κ1967 Statutes of Nevada, Page 924 (CHAPTER 323, AB 285)κ
(h) Aided, abetted or assisted another person to violate any of the insurance laws of this state.
2. The establishment of residence in another state shall be deemed adequate cause for revocation of any license of a resident agent or resident broker.
3. The conviction of any licensee of a felony involving moral turpitude shall be deemed adequate cause for the immediate revocation of any license.
4. If a licensee changes the address of his place of business without due notice to the commissioner, and the commissioner, after diligent effort, is unable to locate the licensee, such facts shall be deemed adequate cause for revocation. The sending of a registered or certified letter, with return receipt requested, to the licensees last-known address shall be deemed an adequate effort on the part of the commissioner to locate the licensee.
Sec. 8. NRS 686.020 is hereby amended to read as follows:
686.020 1. The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:
For filing each power of attorney............................................... $5.00
For an annual license to each class 1 company to transact business throughout this state............................................................. 100.00
For an annual license to each class 2 company to transact business throughout this state............................................................. 100.00
For an annual license to each class 3 insurance company to transact business throughout this state............................................ 100.00
For an annual license to each class 4 company to transact business throughout this state............................................................. 100.00
For an annual license to each company to write two or more classes of business throughout this state............................................ 200.00
For an annual license to each underwriters agency, for each company represented in such agency................................................. 25.00
For filing an annual company statement................................... 10.00
For [issuing] a resident agents [license] appointment......... 2.00
For issuing a solicitors license.................................................. 2.00
For issuing a managing general agents license...................... 5.00
For issuing a service representatives license......................... 5.00
For issuing a nonresident brokers license.............................. 50.00
An applicant for a nonresident brokers license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, and whose state of domicile has a like reciprocal agreement for residents of this state, shall pay the resident fee of $25.
For issuing any other certificate required or permissible under the law .................................................................................................. 1.00 For [issuing] a nonresident agents [license] appointment .......................................................................... $10.00
κ1967 Statutes of Nevada, Page 925 (CHAPTER 323, AB 285)κ
For [issuing] a nonresident agents [license] appointment.. $10.00
An applicant for a nonresident agents [license] appointment residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, and whose state of domicile has a like reciprocal agreement for residents of this state, shall pay the resident fee of $2.
For issuing a brokers license..................................................... 25.00
For issuing a license to a domestic insurance companys securities salesman.................................................................................. 10.00
For each copy of the insurance laws......................................... 2.50
For issuing a vending machine license, per machine per year .................................................................................................. 20.00
2. Notwithstanding the provisions of any general or special law, the possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada, except that each city, town or county may require a license for revenue purposes only for any insurance agent whose principal place of business is located within the city or town or within the county outside the cities and towns of the county, respectively.
3. The amount of the expense incurred in the examination of the conditions and affairs of any insurer, burial society, rating organization, advisory organization, motor club, nonprofit corporation or fraternal benefit society shall be paid to the commissioner by the organization or person examined. No such charge shall be made except for necessary travel and hotel expense and compensation of the examiner, commissioner or other division representative, together with such incidental expenses as may necessarily be incurred.
4. At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 926κ
Assembly Bill No. 487Committee on Public Health and Public Morals
CHAPTER 324
AN ACT establishing minimum standards for the licensing and operation of medical laboratories; providing penalties; and providing other matters properly relating thereto.
[Approved April 12, 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 28, inclusive, of this act.
Sec. 2. This chapter may be cited as the Medical Laboratory Certification and Improvement Law.
Sec. 3. The legislature declares that:
1. The proper operation of medical laboratories within the state is a matter of vital concern affecting the public health, safety and welfare.
2. The purpose of this chapter is to promote public health, safety and welfare by developing, establishing and enforcing:
(a) Minimum standards for the licensing of medical laboratories;
(b) Minimum qualifications for laboratory directors and the certification of laboratory personnel; and
(c) Performance standards for laboratories.
Sec. 4. The words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in sections 5 to 8, inclusive, of this act, unless a different meaning clearly appears in the context.
Sec. 5. Board means the state board of health.
Sec. 6. Laboratory means any medical laboratory.
Sec. 7. Laboratory director means a person responsible for the administration of the technical and scientific operation of a clinical laboratory.
Sec. 8. Medical laboratory means any facility for microbiological, serological, immunohematological (blood banking), cytological, histological, chemical, hematological, biophysical, toxicological, or other methods of examination of tissues, secretions or excretions of the human body for the purpose of aiding in the diagnosis, prevention or treatment of disease or the assessment of a disease or infirmity.
Sec. 9. The provisions of this chapter apply to all public and private medical laboratories except:
1. A laboratory of any college, university or school which is conducted for the training of its students, actively engaged in research and approved by the state department of education.
2. Laboratories operated by the Federal Government.
3. Laboratories operated by licensed physicians solely in connection with the diagnosis or treatment of their own patients.
Sec. 10. 1. No person, corporation, partnership or other form of business entity may operate, conduct, issue a report from or maintain a medical laboratory without first obtaining a license to do so issued by the board pursuant to the provisions of this chapter.
2. Such license shall be valid for 12 months and shall be renewable annually on or before the date of its expiration.
κ1967 Statutes of Nevada, Page 927 (CHAPTER 324, AB 487)κ
3. No license may be issued to a laboratory which does not have a laboratory director.
Sec. 11. 1. A license issued pursuant to the provisions of this chapter is valid only for the laboratory premises for which it is issued and shall be prominently displayed in such laboratory.
2. Any such license shall become void 30 days after a change of laboratory directors or in the ownership or location of the laboratory.
Sec. 12. All applications for a license or renewal thereof shall be accompanied by a reasonable fee, which shall be prescribed by the board.
Sec. 13. An application for a license shall be made under oath on a form prescribed by the board and shall contain the following information:
1. The name and location of the laboratory;
2. The name of the laboratory director;
3. The name of the owner or owners of the laboratory or, if a corporation, the names of the officers, directors and beneficial owners of 10 percent or more of its shares;
4. A description of the program and services provided by the laboratory; and
5. Such other information as the board may deem necessary or expedient to carry out its powers and duties under this chapter.
Sec. 14. The board shall enforce the provisions of this chapter.
Sec. 15. The board, with the advice of the medical laboratory advisory committee, may prescribe and publish rules and regulations relating to:
1. The education, training and experience qualifications of laboratory directors and technical personnel.
2. The location and construction of laboratories including plumbing, heating, lighting, ventilation, electrical services and similar conditions all to insure the conduct and operation of the laboratory in a manner which will protect the public health.
3. Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to insure the protection of the public health.
4. The equipment essential to the proper conduct and operation of a laboratory.
5. The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.
Sec. 16. The board may:
1. Inspect the premises and operations of laboratories;
2. Conduct proficiency tests to determine the accuracy of the test results of laboratories;
3. Require laboratories to submit reports for the purpose of determining compliance with the provisions of this chapter; and
4. Require that the reports submitted by a laboratory be:
(a) Made under oath;
(b) Signed by the laboratory director; or
(c) Made under oath and signed by the laboratory director.
Sec. 17. The board shall maintain a registration list of all laboratories meeting the minimum standards and qualifications of this chapter.
Sec. 18. A laboratory director shall:
κ1967 Statutes of Nevada, Page 928 (CHAPTER 324, AB 487)κ
1. Select and supervise all laboratory procedures;
2. Report the findings or results of laboratory tests;
3. Actively participate in the operation of the laboratory to the extent necessary to assure compliance with the provisions of this chapter; and
4. Be responsible for the proper performance of all work in the laboratory and of all subordinates.
Sec. 19. A medical laboratory advisory committee to advise the board on matters of policy concerning medical laboratories, qualifications of laboratory directors and personnel and other matters pursuant to the provisions of this chapter is hereby created.
Sec. 20. 1. Members of the medical laboratory advisory committee shall be appointed by the board. Of those members first appointed, three members shall be appointed for terms of 2 years, and four members shall be appointed for terms of 4 years. Thereafter, all appointments shall be for terms of 4 years. No member may be appointed for more than two consecutive terms.
2. The membership of the advisory committee shall be composed of:
(a) Two pathologists, certified in clinical pathology by the American Board of Pathology.
(b) Two medical technologists.
(c) One bioanalyst who is a laboratory director as defined in section 7 of this act.
(d) One qualified biochemist from the University of Nevada.
(e) One licensed physician actively engaged in the practice of clinical medicine in the State of Nevada.
3. No member of the advisory committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.
4. The state health officer or his designated representative shall serve as an ex officio member of such advisory committee.
Sec. 21. 1. A laboratory shall examine specimens only at the request of a licensed physician or other person authorized by law to use the findings of laboratory tests and examinations in his practice and shall report the results of tests only to such persons or their authorized representative. The laboratory report shall contain the name of the laboratory and of the laboratory director.
2. If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of such other laboratory and its director shall be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.
Sec. 22. No interpretation of test results, diagnosis, prognosis or suggested treatment may appear on the laboratory report form, unless the report is made by a physician licensed to practice in this state.
Sec. 23. No person other than a licensed physician or dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or collect material for smears and cultures.
Sec. 24. (Deleted by amendment.)
Sec. 25. A license may be denied, suspended or revoked if the laboratory, laboratory director or any technical employee of the laboratory:
κ1967 Statutes of Nevada, Page 929 (CHAPTER 324, AB 487)κ
1. Violates any provision of this chapter;
2. Makes any misrepresentation in obtaining a license;
3. Has been convicted of a felony;
4. Is guilty of unprofessional conduct;
5. Knowingly permits the use of the name of a licensed laboratory or its director by an unlicensed laboratory; or
6. Fails to meet the minimum standards prescribed by the board.
Sec. 26. The operation or maintenance of a laboratory in violation of this chapter is declared to be a public nuisance, and the board may, in addition to other remedies, initiate an action to enjoin such violations or to enjoin the future operation of the laboratory until compliance with the provisions of this chapter is obtained.
Sec. 27. 1. A laboratory which was in operation in this state on January 1, 1967, is not required to be licensed under this chapter before January 1, 1972, but may apply for a license prior to that date. Unless such a laboratory is so licensed, the board shall not include it in the registration list of laboratories meeting the minimum standards and qualifications of this chapter.
2. A person who was operating a laboratory in this state on January 1, 1967, may continue to do so or may be employed in a laboratory before or after July 1, 1972, without qualifying as a laboratory director or under any rules pertaining to technical personnel. A person who was employed in a laboratory in this state on January 1, 1967, may be employed in a laboratory before or after January 1, 1972, without qualifying under any rules pertaining to technical personnel.
Sec. 28. Any person or laboratory violating any of the provisions of this chapter shall be punished by a fine of not more than $100 for the first offense and not more than $500 for any subsequent offense. Each act in violation of this chapter constitutes a separate offense.
________
Senate Bill No. 215Senator Pozzi
CHAPTER 325
AN ACT relating to bids on public works; prohibiting the drafting of specifications for bids in connection with public works which limit bidding to any one specific concern or call for a designated material, product or service by specific brand or trade name; providing exceptions; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No agency of this state nor any political subdivision, municipal corporation or district, nor any public officer or person charged with the letting of contracts for the construction, alteration or repair of public works shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration or repair of public works:
κ1967 Statutes of Nevada, Page 930 (CHAPTER 325, SB 215)κ
works shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration or repair of public works:
(a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern; or
(b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words or equal so that bidders may furnish any equal material, product, thing or service.
2. In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the specifying agency, it may list only one.
3. Specifications shall provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of an equal item.
________
Senate Bill No. 263Committee on Transportation
CHAPTER 326
AN ACT to amend NRS 361.484, relating to abatement of taxes on real property acquired by the state for highway purposes, by delineating the method of computation of taxes and amount of such abatement when real property is acquired for such purposes prior to the determination of the assessed value or combined tax rate for the taxable year in which acquired.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.484 is hereby amended to read as follows:
361.484 1. As used in this section:
(a) Acquired means acquired either by purchase and deed or by condemnation proceedings pursuant to chapter 37 of NRS.
(b) For highway purposes means for the purposes set forth in NRS 408.970.
2. Taxes levied on real property which is acquired by the State of Nevada for highway purposes shall be abated ratably for the portion of the fiscal year such real property is owned by the state.
3. For the purposes of such abatement, the State of Nevada shall be deemed to own real property acquired by purchase commencing with the date the deed is recorded and to own real property acquired by condemnation from the date of judgment pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS 37.100, whichever occurs earlier.
4. When property is acquired by the state for highway purposes prior to determination of the assessed value or combined tax rate for the taxable year in which acquired, the county assessor shall compute the taxes and amount of such abatement using the assessed value or combined tax rate, or both, of the preceding taxable year.
κ1967 Statutes of Nevada, Page 931 (CHAPTER 326, SB 263)κ
and amount of such abatement using the assessed value or combined tax rate, or both, of the preceding taxable year.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 327Committee on Commerce
CHAPTER 327
AN ACT relating to real estate brokers and salesmen; to establish the amount of the administrators bond; to provide that members of the real estate advisory commission be paid per diem and travel expenses as provided by law for all state employees; to change the date of publication of the list of licensees; to permit applicants for brokers licenses to submit names and addresses of firms under which they will do business as addenda to applications; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, and chapters 628 to [645,] 644, inclusive, of NRS shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.
2. A report of each such audit shall be filed with the fiscal analyst and the director of the budget on or before December 1 of each year. The fiscal analyst shall prescribe the shape, size and general style or makeup of the report.
3. The fiscal analyst may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the fiscal analyst to perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.
Sec. 2. NRS 645.120 is hereby amended to read as follows:
645.120 The administrator shall:
1. Possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.
2. Furnish a [corporate surety bond, which may be continuous in form, in an amount deemed adequate by the director, conditioned upon the faithful performance of the duties of the office and true accounting of all funds.] surety bond in the amount of $25,000.
3. Not be interested in any real estate or brokerage firm, nor shall he act as a broker or salesman or agent therefor.
Sec. 3. NRS 645.140 is hereby amended to read as follows:
645.140 1. All fees and charges received by the real estate division shall be deposited in the general fund in the state treasury. Funds for the support of the real estate division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.
κ1967 Statutes of Nevada, Page 932 (CHAPTER 327, SB 327)κ
support of the real estate division shall be provided by direct legislative appropriation, and shall be paid out on claims as other claims against the state are paid.
2. Each member of the commission shall receive:
(a) A salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission.
(b) [Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the commission.] Per diem allowance and travel expenses as provided by law.
Sec. 4. NRS 645.220 is hereby amended to read as follows:
645.220 The real estate division shall at least annually, [on or about February 15,] on or before October 1, publish a list of the names and addresses of all licensees licensed by it during the preceding fiscal year under the provisions of this chapter, and of licensees whose licenses have been suspended or revoked [within 1 year,] during the preceding fiscal year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public. One of such lists shall be mailed to each licensee and one of such lists shall be mailed to the county clerk in each county and shall be filed by him as a public record. Lists shall also be mailed by the real estate division to any person in this state upon request, without charge.
Sec. 5. NRS 645.350 is hereby amended to read as follows:
645.350 1. Application for license as a real estate broker shall be made in writing to the real estate division upon blanks prepared or furnished by the real estate division.
2. Every application for a real estate brokers license shall set forth the following information:
(a) The name, age and address of the applicant. If the applicant be a copartnership or an association, the name, age and address of each member thereof. If the application be for a corporation, the name, age and address of each officer and director thereof.
(b) The name, if known, under which the business is to be conducted. The name shall be deemed to be a fictitious name if the same does not contain the name of the applicant or the names of the members of the applicants firm, copartnership or association. No license shall be issued under a fictitious name which includes the name of a real estate salesman. No license shall be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
(c) The place or places, including the street number, the city and county where the business is to be conducted [,] , if known.
(d) The business or occupation theretofore engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof. If the applicant be a copartnership or an association, by each member thereof, or if a corporation, by each officer thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
κ1967 Statutes of Nevada, Page 933 (CHAPTER 327, SB 327)κ
real estate business as a broker or salesman. If the applicant be a copartnership or association, by each member thereof, or if a corporation, by each officer thereof.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony, and if so, the nature of the same.
(g) Whether the applicant has been refused a real estate brokers or real estate salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state. If the applicant is a copartnership or an association, by each member thereof; if the applicant is a corporation, by each officer thereof.
(h) If the applicant is a copartnership, association or corporation, the name of the designated member or officer thereof who is to receive his license by virtue of the issuance of a license to the copartnership, association or corporation, as provided in this chapter.
(i) If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.
3. If the information required in paragraphs (b) and (c), is not known at the time of the application, it shall be furnished as an addendum to the application as soon as it becomes known to the applicant.
4. The application for a brokers license shall be verified by the applicant. If the application is made by a copartnership or an association, it shall be verified by at least two members thereof; if made by a corporation, it shall be verified by the president and the secretary thereof.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 367Senator Hug
CHAPTER 328
AN ACT to amend NRS 386.200, relating to trustee election areas within a county school district, by changing the method of altering school trustee election areas and of nominating or electing members of the board of trustees.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.200 is hereby amended to read as follows:
386.200 1. Notwithstanding the provisions of NRS 386.160 and 386.170, or any other section of this Title of NRS, the trustees of a county school district may be elected in the alternate manner hereinafter provided in this section.
2. Within 30 days prior to May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a county school district may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section.
κ1967 Statutes of Nevada, Page 934 (CHAPTER 328, SB 367)κ
of school trustee election areas within the county school district in the manner provided in this section. The petition shall specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each such area, and the manner of their nomination and election. The number of school trustee election areas proposed shall not exceed the number of trustees authorized for the particular county school district pursuant to NRS 386.120. The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of such notice shall be a proper charge against the county school district fund.
4. If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted prior to June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each school trustee election area shall be contiguous. The resolution shall further set forth the number of trustees to be elected from each school trustee election area and the manner of their nomination and election.
5. Prior to June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the superintendent of public instruction.
6. Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office shall expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas shall be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas shall be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees shall be filled for terms of 4 years in the order in which the terms of office expire.
7. A candidate for the office of trustee of a county school district in which school trustee election areas have been created shall be a qualified elector and shall be a resident of the school trustee election area which he seeks to represent.
κ1967 Statutes of Nevada, Page 935 (CHAPTER 328, SB 367)κ
which school trustee election areas have been created shall be a qualified elector and shall be a resident of the school trustee election area which he seeks to represent.
8. [School trustee election areas may be altered or abolished, or the number of school trustees representing such areas or the manner of their nomination or election may be changed, in the same manner as herein provided for the creation of school trustee election areas and the election of school trustees.] The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:
(a) Holding a public hearing of which notice shall be given as provided in subsection 3; and
(b) Receiving, at such hearing or by resolution, the consent of the board of trustees of the school district.
9. If the certificate of the superintendent of public instruction, filed with the county clerk in compliance with the provisions of NRS 386.150, states that the pupil enrollment during the preceding school year in a county school district was less than 1,000, and the board of trustees of the county school district is composed of seven elected members based upon a previous pupil enrollment of 1,000 or more, then the board of county commissioners shall alter such school trustee election areas or change the number of trustees to be elected from such areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees shall thereafter be nominated and elected at the forthcoming elections.
10. If the certificate of the superintendent of public instruction, filed with the county clerk in compliance with the provisions of NRS 386.150, states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members based upon a previous pupil enrollment of less than 1,000, then the board of county commissioners shall alter such school trustee election areas or change the number of trustees to be elected from such areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees shall thereafter be nominated and elected at the forthcoming elections.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 936κ
Senate Bill No. 428Committee on Health and Welfare
CHAPTER 329
AN ACT relating to commitment proceedings for the mentally ill; to provide for a sum to be paid for each commitment to a physician for his services in commitment proceedings.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.210 is hereby amended to read as follows:
433.210 1. The expenses of the entire proceedings as determined by the district judge shall be paid out of the county funds, or shall be paid by financially able relatives, or as provided in subsection 4.
2. Examining physicians shall be paid a reasonable sum for their services, the amount to be determined by the district judge and to be paid as he shall order, but not to exceed [$15 for a half day or $25 for a whole day.] $15 per commitment.
3. The official reporter shall be compensated as ordered by the district judge, the fees to be paid as prescribed by law.
4. Where the person to be committed last resided in another county of the state, the entire expenses of the proceedings shall be charged to and payable by such county of residence.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 436Senator Young
CHAPTER 330
AN ACT relating to accident and health insurance; to prohibit any provision restricting the choice by an insured of a chiropodist to perform appropriate procedures; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 692 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No group accident and health policy, policy of accident and sickness insurance issued for delivery to an individual, or individual policy of accident and health insurance issued to a debtor, issued after the effective date of this act in or for delivery in this state may contain any provision denying to an insured the free choice of any chiropodist licensed under chapter 635 of NRS to perform any medical or surgical service or procedure covered by the policy which such chiropodist is entitled by his license to perform.
2. Any such provision contained in any such policy is void, but shall not affect the validity of any other provision of the policy.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 937κ
Assembly Bill No. 352Committee on State, County and City Affairs
CHAPTER 331
AN ACT relating to local government budgets; to revise definitions; to permit the adoption of an accrual accounting method; to revise audit procedures; to enlarge the advisory committee; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.474 is hereby amended to read as follows:
354.474 The provisions of NRS 354.470 to 354.626, inclusive, shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem [taxes, and includes without limitation counties, cities, towns, school districts and other districts organized pursuant to chapters 309, 310, 311, 313, 314, 316, 318, 379, 473, 474, 539, 540, 542, and 543 of NRS.] or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 310, 311, 312, 313, 314, 316, 317, 318, 379, 473, 474, 539, 540, 541, 542, 543 and 555 of NRS and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
Sec. 2. NRS 354.500 is hereby amended to read as follows:
354.500 Cash means [currency, checks, postal and express money orders and bankers drafts on hand or on deposit with an official or agent designated as custodian of cash and bank deposits.] cash on hand, cash deposited in banks or with county treasurers, cash in transit, demand or time certificates of deposit, treasury bills or notes having a maturity date of 1 year or less, or equivalent assets, including investments set forth in paragraphs (a) or (b) of subsection 1 of NRS 344.170 acquired under the terms of repurchase agreements providing for the investment of the idle funds of a local government.
Sec. 3. NRS 354.538 is hereby amended to read as follows:
354.538 Governmental function means a segment of the organization structure of a local government such as, without limitation by enumeration, [police, fire, health,] public safety, public works, administration, instruction [,] and transportation, [and welfare,] which segments of the organization [structure] shall be defined and limited by the Nevada tax commission. [and such other supervisory bodies as may be designated by law for particular local governments.]
Sec. 4. NRS 354.562 is hereby amended to read as follows:
354.562 1. Revenue means the [increase in ownership equity expressed in cash during a designated period of time.] gross increase in ownership equity during a designated period of time.
2. If the accounts are kept on an accrual basis, this term designates:
(a) Additions to assets which do not increase any liability, nor represent the recovery of an expenditure; and
(b) The cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.
κ1967 Statutes of Nevada, Page 938 (CHAPTER 331, AB 352)κ
3. If accounts are kept on a cash basis, the additions must consist of cash items.
Sec. 5. NRS 354.576 is hereby amended to read as follows:
354.576 Taxes means compulsory charges levied by a governmental unit against the [income or] wealth of a person, natural or corporate, for the common benefit of all. The term does not include charges made against particular persons or property for current benefits and privileges accruing only to those paying such charges, such as licenses, permits and assessments, nor does it include water, sewer, garbage or other service or use fees furnished through municipally operated utilities.
Sec. 6. NRS 354.594 is hereby amended to read as follows:
354.594 The Nevada tax commission shall determine and advise [responsible] local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive. It shall make such determinations after hearing the advice and recommendations of [a nine-member] an 11-member advisory committee composed of three persons appointed by the Nevada Municipal Association, three persons appointed by the Nevada Association of County Commissioners, [and] three persons appointed by the Nevada School Trustees Association [. The persons first appointed by each association shall be designated to serve terms of 1, 2 and 3 years respectively, and each subsequent appointment shall be for a term of 3 years.] and two persons appointed by the Nevada state board of public accountants. Each appointment shall be for a term of 3 years.
Sec. 7. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which such public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons shall be given an opportunity to be heard.
2. At the public hearing, the governing body shall first amend the budget to conform to the requirement of the Nevada tax commission and shall indicate other changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget shall be adopted on or before April 30 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of subsection 5 of NRS 354.596 on or before the required date, the budget adopted and approved by the Nevada tax commission for the current year, adjusted as to content and rate in such manner as the Nevada tax commission may consider necessary, shall automatically become the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider such budget without the express approval of the Nevada tax commission. If such a default budget creates a combined ad valorem tax rate in excess of the constitutional limit, the Nevada tax commission shall adjust such budget as provided in subsection 2 of NRS 361.455.
3. The final budget shall be certified by a majority of all members of the governing body. In the event a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget.
κ1967 Statutes of Nevada, Page 939 (CHAPTER 331, AB 352)κ
certify the budget. Certified copies shall be distributed as determined by the Nevada tax commission.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated therein as proposed expenditures shall be and become appropriated for the purposes indicated in the budget.
5. No governing body shall adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
Sec. 8. NRS 354.622 is hereby amended to read as follows:
354.622 The business of every local government shall be transacted upon a cash, accrual or modified accrual basis as defined in NRS 354.470 to 354.626, inclusive, at the option of the local governing body, with the approval of the Nevada tax commission, which option shall first be exercised by resolution of the governing body prior to July 1, 1965. After July 1, 1965, change from one system of accounting to another shall require the approval of the Nevada tax commission.
Sec. 9. NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all funds and accounts of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report filed as provided in subsection 4 not later than 6 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the Nevada tax commission to any local government which makes application for such extension. If the local government fails to provide for an audit [within 6 months from the close of a fiscal year,] in accordance with the provisions of this section, the Nevada tax commission shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.
2. The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.
3. Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the Nevada tax commission, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.
4. The recommendation and the summary of the narrative comments [and suggestions] of the [auditor] audit report shall be read in full at a meeting of the governing body held not more than 30 days after the report is filed.
κ1967 Statutes of Nevada, Page 940 (CHAPTER 331, AB 352)κ
[and suggestions] of the [auditor] audit report shall be read in full at a meeting of the governing body held not more than 30 days after the report is filed. Immediately thereafter, the entire audit report shall be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The Nevada tax commission; and
(d) In the case of school districts, the state department of education.
Sec. 10. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. Accrual basis means the system of accounting under which revenues are recorded as soon as they become receivables and expenditures are recorded as soon as they become liabilities.
Sec. 12. The governing body of every local government shall cause to be established adequate property and equipment records and, where appropriate, adequate inventory controls. These records and controls shall be established by not later than June 30, 1968, unless the Nevada tax commission grants an extension of time, which shall not extend beyond June 30, 1969.
Sec. 13. This act shall become effective upon passage and approval.
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Assembly Bill No. 490Committee on State, County and City Affairs
CHAPTER 332
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 45 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 446, Statutes of Nevada 1963, at page 1202, is hereby amended to read as follows:
Section 45. 1. When the board shall determine to make any improvement and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made by the county assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the district at any general or special election, cause to be issued bonds of the district in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement.
κ1967 Statutes of Nevada, Page 941 (CHAPTER 332, AB 490)κ
assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the district at any general or special election, cause to be issued bonds of the district in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. The bonds shall be called (insert name of subdivision, district or street) Improvement Bonds, shall be signed by the president and countersigned by the secretary of the district, and shall not be sold for less than their par value nor before the work of the improvement is ordered. The bonds may bear interest at a rate or at rates not to exceed 6 1/2 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. The bonds may be serial or term in form, may be subject to call for redemption prior to maturity in such manner as the board may determine, shall be payable within a period of not to exceed 10 years, and shall be in such form and denominations as the board shall determine.
2. The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as provided in sections 25 to 45, inclusive, and, when collected, shall be placed in a special fund to be known as Improvement Bond Interest and Redemption Fund, and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and the interest thereon is fully paid.
3. The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.
4. In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of the general funds of the district.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 942κ
Senate Bill No. 89Committee on Federal, State and Local Governments
CHAPTER 333
AN ACT to amend NRS 344.050, relating to state printing in the state printing office, by permitting state administrative officers to have reports or other published matter produced by use of copying or duplicating machines other than printing by letterpress or the offset process.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent of state printing shall not permit any other than state work to be done in the state printing office.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall: [have]
(a) Have the printing and binding of [the same] such material done at the state printing office at the expense of their respective funds or appropriations [.] ; or
(b) Produce the reports or other published matter within their respective agencies by use of copying or duplicating machines other than printing by letterpress or the offset process.
3. The following pamphlets, bulletins and leaflets shall be printed:
Annual register of the University of Nevada.
Nevada mining laws.
Nevada land laws.
Nevada election laws.
Nevada official election returns.
General corporation laws.
Foreign corporation laws.
State school laws.
Fish and game laws.
Pharmacy law.
List of registered physicians.
Insurance laws.
Banking laws.
Necessary briefs, transcripts and other legal work for the public service commission.
4. The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the state printing office at the expense of the legislative fund.
5. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent of state printing is directed not to accept the same.
6. Nothing in this chapter shall be construed to mean that the superintendent of state printing is required or expected to perform any work other than that which the type, machinery and other printing and binding appliances in the state printing office will permit.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 943κ
Assembly Bill No. 505Committee on State, County and City Affairs
CHAPTER 334
AN ACT to amend an act entitled An Act to amend chapter 350 of NRS, concerning borrowing of money and the issuance of securities by political subdivisions of the State of Nevada, by adding new sections further relating to the borrowing of money and the incurrence of obligations by such subdivisions and to the evidencing of such obligations by the issuance of bonds and other securities thereof, and also relating to taxes and other revenues for the payment of such securities and to pledges, liens, other moneys and properties appertaining thereto; specifying powers, duties, rights, privileges, liabilities and limitations and providing other details in connection therewith; and providing other matters properly relating thereto, being Senate Bill No. 133 of the 54th session of the Nevada legislature.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being Senate Bill No. 133 of the 54th session of the Nevada legislature, is hereby amended to read as follows:
Section 5. Acquisition or acquire includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any public body therein, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, [or] of any properties pertaining to a project, or an interest therein.
Sec. 2. Section 18 of the above-entitled act, being Senate Bill No. 133 of the 54th session of the Nevada legislature, is hereby amended to read as follows:
Section 18. Improvement or improve includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, [or] 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. 3. Section 95 of the above-entitled act, being Senate Bill No. 133 of the 54th session of the Nevada legislature, is hereby amended to read as follows:
Section 95. Nothing contained in this act or in any other law of this [municipality] state shall be construed to permit the governing body to call on behalf of the municipality bonds outstanding now or any time after the adoption of this act for prior redemption in order to refund such bonds or in order to pay them prior to their stated maturities, unless the right to call such bonds for prior redemption was specifically reserved and stated in such bonds at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding bonds are strictly observed. It is the intention of the legislature in this section to make it certain that the holder of no outstanding bond may be compelled to surrender such bond for refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such refunding might result in financial benefit to the municipality.
κ1967 Statutes of Nevada, Page 944 (CHAPTER 334, AB 505)κ
maturity or optional date of prior redemption expressly reserved therein, even though such refunding might result in financial benefit to the municipality.
Sec. 4. Section 48 of the above-entitled act, being Senate Bill No. 133 of the 54th session of the Nevada legislature, is hereby amended to read as follows:
Section 48. 1. There shall be levied annually in due season a special tax on all property, both real and personal, subject to taxation within the boundaries of the [State of Nevada,] municipality, including the net proceeds of mines, fully sufficient, without regard to any statutory or charter tax limitations now or hereafter existing, to pay the interest on the general obligation municipal securities and to pay and retire the same as provided in this act and in any act supplemental hereto; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county within the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected.
2. The proceeds thereof levied to pay interest on such securities shall be kept by the treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of such securities shall be kept by the treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the securities and the principal thereof, respectively, as the same falls due; but, except as prevented by any contractual limitations from time to time imposed upon the municipality by proceedings appertaining to its outstanding securities, the municipality may provide for a consolidated debt service fund to pay principal of and interest on outstanding securities, as the same falls due.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 158Senator Farr
CHAPTER 335
AN ACT relating to the merger of the cities of Reno and Sparks; to require that the question whether the cities of Reno and Sparks be merged and the Reno-Sparks Merger Commission be established be submitted to the registered voters of the cities of Reno and Sparks at the municipal general election of 1967; providing for the appointment, powers and duties of the members of such merger commission if the same is established; providing certain duties of the legislative counsel; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The legislature finds that urban problems today more than ever before challenge imagination and require courage to attain the goal of efficient, economical and progressive government.
κ1967 Statutes of Nevada, Page 945 (CHAPTER 335, SB 158)κ
2. It is the purpose of this act to provide a method whereby the residents of the cities of Reno and Sparks, in Washoe County, may propose local solutions to common problems in order that proper growth and development to the Reno-Sparks area may be assured and the health and welfare of the people residing therein secured.
Sec. 2. 1. At the municipal general election to be held in June 1967, the question whether the cities of Reno and Sparks should be merged and a Reno-Sparks Merger Commission be established to accomplish such merger shall be submitted to the registered voters of the City of Reno and the City of Sparks in the same manner as other questions are submitted to the voters at municipal elections.
2. The ballot or ballot label proposition shall be substantially in the following form:
Shall the cities of Reno and Sparks be merged and the Reno-Sparks Merger Commission be established to accomplish such purpose?
Sec. 3. The board of county commissioners of Washoe County shall make and prepare an abstract of the votes cast in each city, showing the number of votes cast in each city, the number of votes cast in each city for the merger of the cities of Reno and Sparks and the establishment of the merger commission and the number of votes cast in each city against the merger of the cities of Reno and Sparks and the establishment of the merger commission.
Sec. 4. 1. If a majority of the votes cast in either city is against the merger of the cities of Reno and Sparks and the establishment of the merger commission, the board of county commissioners of Washoe County shall declare the result, and the cities shall not be merged and the merger commission shall not be established.
2. If a majority of the votes cast in each city is in favor of the merger of the cities and the establishment of the merger commission, the commission shall be deemed to be established, and the board of county commissioners of Washoe County shall declare the result and cause its clerk to prepare and deliver a certified copy of the abstract of the result in each city to the clerk of each city within 3 days after the completion of the canvass. The clerk of each city shall present the copy of the abstract to the city council of that city at its next regular meeting after his receipt of such copy. The abstract shall be recorded in the journal of each city council.
Sec. 5. 1. If the Reno-Sparks Merger Commission is established pursuant to the provisions of this act, the commission shall consist of six members to be appointed as follows:
(a) Three members to be appointed by the city council of the City of Reno.
(b) Three members to be appointed by the city council of the City of Sparks.
2. Each member shall reside at the time of his appointment in the city by which appointed.
3. A member may be an officer or employee of the city by which appointed.
Sec. 6. 1. The members of the merger commission shall be appointed on or before July 6, 1967.
κ1967 Statutes of Nevada, Page 946 (CHAPTER 335, SB 158)κ
2. The members of the merger commission shall meet at 1 p.m. on Monday, July 10, 1967, in the city council chambers in the city hall in Reno, Nevada, and organize. As its first official act the commission shall elect a chairman and a vice chairman from among its members.
3. Further meetings of the commission shall be held upon call of the chairman, the vice chairman in the absence or inability of the chairman, or a majority of the members of the commission.
Sec. 7. 1. In case of a vacancy for any cause, a new member shall be appointed in the same manner as the member he replaced.
2. Members of the commission shall receive no compensation.
3. All meetings of the commission shall be open to the public.
4. A majority of the members of the commission shall constitute a quorum for the transaction of business.
5. Each member shall have one vote.
Sec. 8. 1. The commission shall prepare necessary amendments to the charter of the City of Reno solely to accomplish merger, using as guidelines, where applicable, the contents of Senate Bill No. 158 (Third Reprint), Senate Bill No. 159 (First Reprint) and Senate Bill No. 160 (First Reprint), all of the 54th session of the Nevada legislature. It is not the intention of the legislature that the commission, in the exercise of its powers and the performance of its duties, shall propose amendments which would have the effect of changing the form of government of the City of Reno in effect on the effective date of this act.
2. In the preparation of the necessary amendments to the charter of the City of Reno the commission shall study and take into consideration, among other things:
(a) The financial aspects of merger, including but not restricted to the resulting debt as compared to the debt limit of the continuing city, the legality and effect of imposing different tax rates in different areas of the continuing city, and the operating revenue available to the continuing city after providing for debt service under the $5 constitutional limitation of the tax rate.
(b) The rights and privileges of employees in the service of the City of Sparks.
(c) Existing contracts, franchises and outstanding indebtedness of both cities.
(d) Equitable representation of the people of the City of Sparks on the city council.
(e) Statutory limitations and limitations imposed by existing ordinances concerning the opening and extension of streets.
(f) The effects of merger on the citys representation on the regional planning commission, the county fair and recreation board and the county board of equalization.
(g) The effects of merger on existing townships and township officers, representation on the board of county commissioners and on legislative districts.
(h) The effects of merger on land use classifications, zoning and subdivision of land.
3. Any charter amendments proposed by the commission shall not have the effect, if enacted, of annulling, canceling or revoking any gambling license issued by the City of Sparks.
κ1967 Statutes of Nevada, Page 947 (CHAPTER 335, SB 158)κ
Sec. 9. The commission shall have the following additional powers and duties:
1. To cooperate with such other agencies as it considers necessary for the rendition and affording of such studies and reports to the commission as will best assist it to carry out the purposes for which the commission was established. Upon request of the chairman of the commission:
(a) All state agencies and the officers and employees thereof shall furnish the commission such information as may be necessary for carrying out its functions and as may be available to or procurable by such agencies.
(b) The legislative counsel shall assist the commission in drafting proposed charter amendments and in the preparation of any proposed legislative bill or bills.
2. Within the limits of available money, to consult and retain experts and to employ such clerical and other staff as, in the commissions judgment, may be necessary.
3. To do any and all other things as are consistent with and reasonably required to perform its functions under this act.
Sec. 10. 1. The cities of Reno and Sparks may appropriate funds for the necessary expenses of the commission. The commission may accept and expend moneys from any public source, including the Federal Government.
2. All moneys received by the commission shall be deposited with the county treasurer of Washoe County, who is authorized to disburse funds of the commission on its order.
Sec. 11. In the preparation of the required charter amendments the commission shall hold public hearings. Notice of hearings shall be published once each week for at least 2 weeks preceding a hearing, in at least one newspaper of general circulation in the cities of Reno and Sparks. The notice of hearing shall state the time and place for the hearing.
Sec. 12. 1. On or before December 31, 1967, the commission shall file with the legislative counsel three copies of a report and draft bills proposing amendment of the Reno city charter to effect merger. The commission is dissolved on December 31, 1967.
2. Upon receipt of the report and bills as provided in subsection 1 the legislative counsel shall transmit one copy of each to the governor with the written request that the governor include such bills for consideration by the legislature at any special session of the legislature convened by him after December 31, 1967, and before the convention of the next regular session of the legislature on the 3rd Monday in January 1969.
3. If the commission fails to file the required report and draft bills with the legislative counsel on or before December 31, 1967, the legislative counsel shall advise the governor in writing of such fact and request the governor that the subject of the merger of the cities of Reno and Sparks be included for legislative consideration at any special session of the legislature convened after December 31, 1967, and before the 3rd Monday in January 1969. If the governor will allow the subject of merger of the cities to be a matter of legislative consideration at such a special session the legislative counsel shall, as required by law, draft the necessary legislation to effect merger.
κ1967 Statutes of Nevada, Page 948 (CHAPTER 335, SB 158)κ
special session the legislative counsel shall, as required by law, draft the necessary legislation to effect merger.
Sec. 13. This act shall become effective upon passage and approval.
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Senate Bill No. 219Senator Dodge
CHAPTER 336
AN ACT to increase the salary which may be paid to members of the state dairy commission when engaged in the business of the state dairy commission.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.445 is hereby amended to read as follows:
584.445 1. [While engaged in official business, each member of the commission shall receive a salary of $10 per day and the per diem expense allowance and travel expenses as fixed by law.
2.] Each member of the commission shall receive a salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission.
2. Each member of the commission shall receive the per diem expense allowance and travel expenses as fixed by law while engaged in the business of the commission.
3. The commission may expend in accordance with law all moneys now or hereafter made available for its use.
________
Senate Bill No. 357Senator Swobe
CHAPTER 337
AN ACT relating to judgments and decrees; permitting the recording of abstracts or copies of judgments or decrees in lieu of transcripts of the docket; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 17.150 is hereby amended to read as follows:
17.150 1. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, noting thereon the hour and minutes of the day of such entry.
2. [A transcript of the original docket] An abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree [is docketed,] was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward acquire, until the lien expires.
κ1967 Statutes of Nevada, Page 949 (CHAPTER 337, SB 357)κ
Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree [is docketed,] was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward acquire, until the lien expires. The lien shall continue for 6 years from the date the judgment or decree was docketed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Civil Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases; or
(b) The judgment is satisfied; or
(c) The lien is otherwise discharged.
The time during which the execution of the judgment is suspended by appeal, action of the court or defendant shall not be counted in computing the time of expiration.
3. The abstract described in subsection 2 shall contain:
(a) Title of the court and cause, and the number of the action;
(b) Date of entry of the judgment or decree;
(c) Names of the judgment debtor and judgment creditor;
(d) Amount of the judgment or decree; and
(e) Where entered in the minutes or judgment docket.
Sec. 2. NRS 21.020 is hereby amended to read as follows:
21.020 The writ of execution shall be issued in the name of the State of Nevada, sealed with the seal of the court, and subscribed by the clerk, and shall be directed to the sheriff; and shall intelligently refer to the judgment, stating the court, the county where the judgment roll is filed, the names of the parties, the judgment, and if it be for money, the amount thereof, and the amount actually due thereon; and if made payable in a specified kind of money or currency, as provided in NRS 17.120, the execution shall also state the kind of money or currency in which the judgment is payable, and shall require the sheriff substantially as follows:
1. If it be against the property of the judgment debtor, it shall require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and, if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the [transcript] abstract or certified copy of the [docket] judgment or decree was recorded in the office of the county recorder of the particular county to the sheriff of which such execution is issued, stating such day, or out of such real property afterward acquired by him before the lien expires.
2. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment, with interest, out of such property.
3. If it be against the person of the judgment debtor, it shall require the sheriff to arrest such debtor and commit him to the jail of the county until he pay the judgment, with interest, or be discharged according to law.
κ1967 Statutes of Nevada, Page 950 (CHAPTER 337, SB 357)κ
until he pay the judgment, with interest, or be discharged according to law.
4. If it be issued on a judgment made payable in a specified kind of money or currency, as provided in NRS 17.120, it shall also require the sheriff to satisfy the same in the kind of money or currency in which the judgment is made payable, and the sheriff shall refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he shall refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution; the sheriff collecting money or currency in the manner required by this chapter shall pay to the plaintiff, or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of money so collected.
5. If it be for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the sheriff to satisfy any costs, damages, rents or profits, recovered by the same judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein; if a delivery thereof cannot be had, and if sufficient personal property cannot be found then out of real property as provided in subsection 1 of this section.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 368Senator Swobe
CHAPTER 338
AN ACT relating to professional engineering and land surveying; to clarify what constitutes the practice thereof; to establish standards and procedures for the qualification therefor; to provide for the prevention of the unauthorized practice thereof; to provide for the issuance of licenses to practice land surveying; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 625.050 is hereby amended to read as follows:
625.050 1. Within the meaning and intent of this chapter, the practice of professional engineering includes [any] , but is not limited to:
(a) Any professional service which involves the application of engineering principles and data, such as surveying, consultation, investigation, evaluation, planning and design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare or the safeguarding of life, health or property is concerned or involved; [, when such professional services require the application of engineering principles and data.]
κ1967 Statutes of Nevada, Page 951 (CHAPTER 338, SB 368)κ
is concerned or involved; [, when such professional services require the application of engineering principles and data.]
(b) Such other services as may be necessary to the planning, progress and completion of any engineering project or to the performance of any engineering service.
2. The practice of engineering shall not include land surveying or the work ordinarily performed by persons who operate or maintain machinery or equipment.
Sec. 2. NRS 625.170 is hereby amended to read as follows:
625.170 The secretary of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names and last-known addresses of all registered professional engineers, land surveyors and engineers-in-training. Copies of the roster shall be:
1. Mailed to each person so registered.
2. Placed on file with the secretary of state and county and city clerks.
3. Distributed or sold to the public.
Sec. 3. NRS 625.200 is hereby amended to read as follows:
625.200 1. The written examinations for registration as a professional engineer will consist of a 2-day test (four 4-hour periods) divided into two parts:
(a) Part 1 will cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school which the board, in its discretion, may approve, part 1 may be waived.
(b) Part 2 will cover that branch of engineering in the practice of which the applicant is engaged, as indicated by his experience record.
When possible, the usually recognized branches of engineering will be considered in the preparation of the examination. The board may reserve the right to conform the nature and extent of the examination to the particular qualifications of the applicant.
2. [Free use of notes, texts and reference books will be allowed.] The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
3. Oral examinations shall be given in the manner prescribed by the board.
4. To qualify for registration, the applicant must receive a grade of not less than 70 percent on his examination.
Sec. 4. NRS 625.280 is hereby amended to read as follows:
625.280 1. The written examination for registered land surveyor shall consist of a 2-day test (four 4-hour periods) requiring the applicant to demonstrate that he understands:
(a) The theory and practice of land surveying, including the use, care and adjustment of instruments.
(b) Surveying computations, traverses and methods of closure, mapping, baselines and triangulations.
(c) The principles of geodetic surveying, determination of true meridian, latitude and longitude, land boundaries, monuments, subdivisions of land, deed descriptions and conveyancing.
(d) The common laws and usages regarding surveys.
2. The applicants knowledge of the provisions of the Manual of Instructions for the Survey of the Public Lands of the United States will be tested by appropriate questions and problems.
κ1967 Statutes of Nevada, Page 952 (CHAPTER 338, SB 368)κ
Instructions for the Survey of the Public Lands of the United States will be tested by appropriate questions and problems.
3. [Free use of notes, texts and reference books will be allowed.] The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
Sec. 5. NRS 625.390 is hereby amended to read as follows:
625.390 1. Application for registration as a professional engineer or land surveyor or for certification as an engineer in training shall:
(a) Be on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) [Contain the names of three registered engineers of this or any other state who have knowledge of the background, character and technical competence of the applicant, none of whom may be members of the board.] Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors if applying for registration as a land surveyor,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The application and registration fee for professional engineers and land surveyors shall be established by the board in an amount not to exceed $50 and shall accompany the application.
3. Should the board deny issuance of a certificate to any applicant, or should an applicant fail to appear for examination, the fee paid shall be retained as an application fee.
4. The board shall charge and collect from each applicant for registration as an engineer-in-training a fee of $10, which shall include the cost of examination and the issuance of a certificate as an engineer-in-training. The registration as an engineer-in-training shall be valid for 8 years, at which time the registration shall expire and be renewed as in the case of any original applicant.
5. [The board shall charge and collect from each person upon his first application during a calendar year for a nonresidents permit a fee of $25, which shall include the cost of issuing any subsequent permits during the calendar year.] A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the annual renewal of each certificate except as provided in subsection 4 and collect therefor an annual fee [of not to exceed $10.] as established by the board, but not to exceed $25.
Sec. 6. NRS 625.520 is hereby amended to read as follows:
625.520 1. It [shall be] is 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.]
κ1967 Statutes of Nevada, Page 953 (CHAPTER 338, SB 368)κ
in this state without being registered or exempt, in accordance with the provisions of this chapter.] Any person, firm, partnership or corporation not properly licensed or exempted under the provisions of this chapter to:
(1) Practice, continue to practice, offer to practice or attempt to practice engineering or any branch thereof;
(2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, engineer, professional engineer, licensed engineer, engineered or engineering; or
(3) Directly or indirectly employ any means which in any manner whatsoever tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.
(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. Whenever any person is engaging or is about to engage in any acts or practices which constitute a violation of this chapter, the district court in any county, if such court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against such acts or practices pursuant to Rule 65 of the Nevada Rules of Civil Procedure.
3. Nothing in this section shall be construed to prevent a contractor licensed under the provisions of chapter 624 of NRS from using the term engineer or engineering if such term is used by the state contractors board in describing a specific classification.
4. Any person who violates any of the provisions of subsection 1 shall be guilty of a misdemeanor.
Sec. 7. NRS 625.530 is hereby amended to read as follows:
625.530 1. [After January 1, 1948, it shall be] It is unlawful for the State of Nevada or any of its political subdivisions, such as a county, city or town, to engage in the construction of any public work requiring the practice of engineering, unless the plans, specifications and estimates have been prepared by, and the construction executed under the supervision of, a registered professional engineer or a duly licensed architect.
2. Nothing in this section shall be:
(a) Held to apply to any public work wherein the expenditure for the complete project of which the work is a part does not exceed $2,000.
(b) Deemed to include any maintenance work undertaken by the State of Nevada or its political subdivisions.
κ1967 Statutes of Nevada, Page 954 (CHAPTER 338, SB 368)κ
(c) Deemed to authorize either a professional engineer or a licensed architect or a registered land surveyor to practice in violation of any of the provisions of chapter 623 or 625 of NRS.
Sec. 8. Chapter 625 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon the payment of the registration fee, as provided for in this chapter, the board shall issue a certificate of registration to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter concerning registered land surveyors.
2. Certificates of registration shall:
(a) Show the full name of the registrant.
(b) Have a serial number.
(c) Be signed by the chairman and secretary under the seal of the board.
(d) Authorize the practice of land surveying.
3. The issuance of a certificate of registration by the board shall be evidence that the person named thereon is entitled to all the rights and privileges of a registered land surveyor while the certificate remains unrevoked or unexpired.
Sec. 9. NRS 625.260 is hereby repealed.
Sec. 10. This act shall become effective at 12:01 a.m. on July 1, 1967.
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Senate Bill No. 383Senator Swobe
CHAPTER 339
AN ACT relating to estates for years; to authorize the encumbrance of such estates by mortgage or deed of trust.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 106 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Mortgages may be made upon an estate for years, however created, unless prohibited by the instrument which created such estate.
Sec. 2. Chapter 107 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A deed of trust may encumber an estate for years if the instrument creating the estate specifically authorizes the encumbrance, and foreclosure may be had by the exercise of a power of sale in accordance with the provisions of this chapter.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 955κ
Senate Bill No. 425Committee on Commerce
CHAPTER 340
AN ACT relating to collection agencies; providing increased fees and certain other requirements for such agencies; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 649.060 is hereby amended to read as follows:
649.060 1. Application for a license shall be made in writing to and filed with the superintendent of banks of the State of Nevada on a form provided for that purpose.
2. The application shall state:
(a) The name of the applicant together with the name under which the applicant does business or expects to do business.
(b) The full business address and residence, including street and number.
(c) The character of the business sought to be carried on.
(d) The locations by street and number where the same is intended to be transacted.
(e) In the case of a firm or partnership, the full names and residence addresses of all members or partners. If none of the members or partners are to have direct and continuous control and charge of the business operations, the name and residence address of the manager or person directly in charge of the business indicated on the application.
(f) In the case of a corporation or voluntary association, the name and residence address of each of the directors and officers, as well as the name and residence address of the manager or person directly in charge and control of the business if such person is not a director or officer.
3. The application shall be subscribed by the applicant and duly acknowledged as required for deeds to be recorded.
4. Every application for a license under this chapter shall be accompanied by a fee of [$50] $100 to cover costs of examination and investigation.
5. Every applicant may be examined concerning his competency, experience, character and qualifications by the superintendent of banks or his authorized agent, and if such examination reveals that the applicant lacks any of the enumerated qualifications, issuance of the license may be denied.
Sec. 2. NRS 649.080 is hereby amended to read as follows:
649.080 1. The bond shall be in a form approved by the banking division of the department of commerce and conditioned that the applicant shall conduct his business in accordance with the requirements of this chapter.
2. The bond shall cover all matters placed with the licensee during the term of the license so applied for, or a renewal thereof.
[2.] 3. No action shall be brought upon any bond after the expiration of 2 years from the revocation or expiration of the license.
[3.] 4. From and after the expiration of the period of 2 years, all liability of the surety or sureties upon the bond shall cease, provided no action shall have been commenced upon the bond before the expiration of the period.
κ1967 Statutes of Nevada, Page 956 (CHAPTER 340, SB 425)κ
action shall have been commenced upon the bond before the expiration of the period.
Sec. 3. NRS 649.110 is hereby amended to read as follows:
649.110 1. Before an applicant shall be entitled to receive an original license he shall pay a fee of [$25] $100 to the superintendent of banks.
2. For each renewal license the licensee shall pay a fee of [$15] $50 to the superintendent of banks.
3. All moneys received by the superintendent of banks under this chapter shall be turned into the state treasury to constitute a fund from which the expenses of carrying out the provisions of this chapter shall first be defrayed. Annually, any balance remaining shall go into the general fund of the state.
Sec. 4. NRS 649.195 is hereby amended to read as follows:
649.195 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate bank account in which shall be deposited all moneys collected. Such account shall bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. Such trust account shall at all times contain sufficient funds to pay all money due or owing to all customers, and no disbursement may be made from such account except to customers or to pay costs advanced for such customers, except that a licensee may periodically withdraw from such account such moneys as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all funds deposited in such account, which record shall indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and shall show clearly for whose account the money is deposited and to whom the money belongs. All such moneys shall be remitted to the creditors respectively entitled thereto on or before the 10th day of the month following the calendar month in which payment is received. All such records and moneys shall be subject to inspection by the superintendent of banks or his authorized representative.
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κ1967 Statutes of Nevada, Page 957κ
Senate Bill No. 434Senator Herr
CHAPTER 341
AN ACT relating to motor vehicle carriers; prohibiting unlawful solicitation; providing penalties; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 [,] ; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.010 to 706.700, inclusive,
shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
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Assembly Bill No. 158Washoe County Delegation
CHAPTER 342
AN ACT to amend NRS 361.300, relating to printed lists of taxpayers and assessments, by authorizing boards of county commissioners to direct county assessors to print and mail such lists or publish the same in a newspaper; authorizing exclusions from such lists; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, [the county assessor in each of the respective counties of the state shall prepare a printed list of all the taxpayers in the county and the total valuation of property on which they severally pay taxes. At the same time,] the county assessor shall post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the tax roll is completed and open for inspection by interested persons of the county.
κ1967 Statutes of Nevada, Page 958 (CHAPTER 342, AB 158)κ
published in the county a notice to the effect that the tax roll is completed and open for inspection by interested persons of the county.
2. [A copy of the list shall be delivered in person or mailed to each taxpayer in the county by the county assessor.] Except as otherwise provided in subsection 3, each board of county commissioners shall by resolution, prior to December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
(a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
(b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.
3. A board of county commissioners may, in the resolution required by subsection 2, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 2, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement shall not invalidate any assessment.
[3.] 4. The several boards of county commissioners in the state are authorized to allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
________
Assembly Bill No. 148Mr. Hilbrecht
CHAPTER 343
AN ACT relating to regulation of public utilities; to require the public service commission of Nevada to conduct investigations, hold hearings and issue cease and desist orders when a public utility is violating or allowing violation of wiretapping laws; and providing other matters properly relating thereto.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever an order is issued pursuant to NRS 200.660 identifying a public utility subject to the provisions of this section, the attorney general or district attorney shall transmit a copy of such order to the commission.
2. The commission, upon its own information or knowledge or upon a complaint by any person, firm, partnership or corporation that any public utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or is knowingly allowing another person to violate such provisions, shall proceed without notice to make an investigation of such information or complaint.
κ1967 Statutes of Nevada, Page 959 (CHAPTER 343, AB 148)κ
200.690, inclusive, or is knowingly allowing another person to violate such provisions, shall proceed without notice to make an investigation of such information or complaint.
3. If, after such investigation, the commission determines that there is probable cause to believe that the utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of such provisions, the commission shall forthwith issue a cease and desist order to such utility. The order shall become permanent unless the utility, within 20 days after receipt thereof, files a written request for a hearing with the commission.
4. When a written request for a hearing is filed pursuant to subsection 3, the commission shall conduct the hearing pursuant to the provisions of NRS 704.450 to 704.530, inclusive.
5. If, as the result of such a hearing, it is determined that the utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of such provisions, the commission shall issue a permanent cease and desist order and notify the district attorney of the county where the violation occurred of such determination.
6. This section is applicable whether or not the utility involved is required to have a certificate of public convenience and necessity from the commission.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 486Committee on Ways and Means
CHAPTER 344
AN ACT making a supplemental appropriation from the general fund in the state treasury for the support of the Nevada state prison for the fiscal year ending June 30, 1967.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the fiscal year ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $17,873 for the support of the Nevada state prison as an additional and supplemental appropriation to those allowed and made by section 28 of chapter 489, Statutes of Nevada 1965, and section 4 of chapter 25, Statutes of Nevada 1966.
2. The moneys hereby appropriated shall be expended only for salaries and payroll costs to increase security at the Nevada state prison.
3. After June 30, 1967, the unexpended balance of the appropriation made by subsection 1 shall not be encumbered or committed for expenditure and on September 1, 1967, shall revert to the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 960κ
Assembly Bill No. 511Committee on Labor
CHAPTER 345
AN ACT increasing weekly benefit amounts and augmented weekly benefit amounts payable to unemployed individuals under the Unemployment Compensation Law.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.340 is hereby amended to read as follows:
612.340 1. [An individuals weekly benefit amount for any benefit year commencing prior to the first Sunday of the first calendar quarter after February 25, 1965, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $37.50 per week, nor less than $8 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
2. The] An individuals weekly benefit amount for any benefit year commencing on or after [the first Sunday of the first calendar quarter after February 25, 1965,] April 4, 1965, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $41 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
2. An individuals weekly benefit amount for any benefit year commencing on or after April 30, 1967, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $43 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
Sec. 2. NRS 612.345 is hereby amended to read as follows:
612.345 1. Each eligible individual who is unemployed in any week shall have his weekly benefit amount augmented with respect to such week by $5 if he has one dependent, and by $5 for each additional dependent, provided that the eligible individuals weekly benefit amount shall not be augmented by more than $20 in any case, nor shall the augmented weekly benefit amount exceed [$61] $63 or 6 percent of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser.
2. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1.
3. The weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this chapter or any other state or federal unemployment compensation law.
Sec. 3. This act shall become effective on April 30, 1967.
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